The technical regulation for the control and certification of cereal seed, approved by Order ARM/3368/2010 of 27 December 2010, lays down the requirements to be met in the production process for cereal seed, Council Regulation (EC) No 625/2004 of 14 June 1996 laying down the conditions for the marketing of cereal

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This Council Directive 66 /402/EEC of 14 June 2009 has been amended by Commission Implementing Directive (EU) 2015/1955 of 29 October 2015 amending Annexes I and II to Directive 66 /402/EEC of the European Parliament and of the Council on Council, as regards the conditions to be met by the cultivation of seeds of hybrid varieties of barley obtained by the method of male cytoplasm sterility.

This rule incorporates the Commission Implementing Directive 2015 /1955/EU of 29 October 2015 into the internal legal order through the corresponding amendment of the Technical Control and Certification Regulation of cereal seeds.

In the preparation of this provision, the autonomous communities and representative entities of the sectors concerned have been consulted.

In its virtue, according to the State Council, I have:

Single item. Amendment of the technical regulation for the control and certification of cereal seed, approved by Order ARM/3368/2010 of 27 December 2010.

The technical regulation for the control and certification of cereal seed, approved by Order ARM/3368/2010 of 27 December 2010, is amended as follows:

One. Annex 1 is amended as follows:

a) The third observation includes the following text after the first paragraph:

" In the production of seeds of hybrid varieties of barley obtained using male cytoplasm sterility, the crop must comply with the following requirements regarding the distances from the sources of neighboring pollen, which may result in unwanted pollinations:

For base seed production, 100 meters.

For certified seed production, 50 meters. "

b) At the end of the fourth observation the following text is included:

" In the production of seeds of hybrid barley varieties using the male cytoplasm sterility (CMS) method, the crop will possess a sufficient degree of identity and purity as regards the characteristics of the of its components, and it will also meet the following requirements that will be examined in an official post-control test:

1. The number of plants of the cultivated species which, as may be appreciated, does not meet the conditions required for the components shall not exceed:

In crops used to produce basic seed, 0.1% for the mainline and the restorer line and 0.2% for the female component of the CMS;

In crops used to produce certified seed, 0.3% for the restorative line and the female component of CMS and 0.5% in case the female component of CMS is a unique hybrid.

2. The male sterility index of the female component shall be:

For base seed production, at least 99.7%.

For certified seed production, at least 99.5%.

3. Certified seed may be produced in a mixed culture of an androsterile female component with a male component that restores fertility. "

Two. The following final observation is included in Annex 2:

" In the case of seed of hybrid barley varieties using the CMS method, the minimum varietal purity must be 85%. The impurities, with the exception of the restorative line, shall not exceed 2%. Such purity shall be examined in the official post-control tests on a suitable proportion of samples. '

Final disposition first. Incorporation of European Union law.

This order incorporates into Spanish law Commission Implementing Directive (EU) 2015/1955 of 29 October 2015 amending Annexes I and II to Council Directive 66 /402/EEC as regards the conditions to be met by the cultivation of seeds of hybrid varieties of barley obtained by the method of male cytoplasm sterility.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, April 26, 2016. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.