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Order Aaa/30/2012, Of 10 January, Amending The Technical Regulation Of Control And Certification Of Seeds Of Forage Plants, Approved By The Order Arm/3370/2010, Of 27 December.

Original Language Title: Orden AAA/30/2012, de 10 de enero, por la que se modifica el Reglamento técnico de control y certificación de semillas de plantas forrajeras, aprobado por la Orden ARM/3370/2010, de 27 de diciembre.

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The Technical Regulation on the Control and Certification of Fodder Plant Seeds, approved by Order ARM/3370/2010 of 27 December 2010, lays down the requirements for the marketing of seed mixtures of fodder plants, in accordance with the provisions of Council Directive 66 /401/EEC of 14 June on the marketing of fodder plant seed.

This Directive 66 /401/EEC has been amended by Commission Directive 2010 /60/EU of 30 August 2010 laying down exceptions to the marketing of seed mixtures of fodder plants intended for use in the conservation of the natural environment.

The incorporation of the aforementioned Directive 2010 /60/EU should therefore be carried out through the corresponding amendment of the Technical Regulation on the Control and Certification of Seeds of Fodder Plants.

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

Under the proposal of the Minister of Agriculture, Food and the Environment, with the prior approval of the then Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Administration Public, according to the State Council, I have:

Single article. Modification of the Technical Regulations for the Control and Certification of Seeds of Fodder Plants, approved by the Order ARM/3370/2010, of December 27.

The Technical Regulations for the Control and Certification of Seeds of Fodder Plants, approved by the Order of the Ministry of the Environment and Rural and Marine of 27 December 2010, are amended in the following terms:

One. Paragraph 3. of paragraph V. 3 of heading V, Seed Precinct, is worded as follows:

" 3. Vayan intended for the preservation of the natural environment, in the framework of the preservation of genetic resources, obtained and marketed in accordance with Annex V, being able to contain the mixtures of fodder plants and of non-foraging plants. "

Two. Annex V is incorporated with the following wording:

" ATTACHED V

Conservation Mixes

1. Definition:

Conservation mixtures are called mixtures of seeds of various genera, species and, if relevant, subspecies intended for use in the conservation of the natural environment in the context of conservation of the species. genetic resources.

These mixtures may contain fodder plant seed, subject to this Regulation and seed of plants other than fodder, as defined in this Regulation. Where a conservation mixture contains a variety of conservation, the Order of 23 May 1986 approving the General Technical Regulation for the Control and Certification of Seeds and Nursery Plants and the Royal Decree 170/2011 shall apply. 11 February approving the General Regulation on the registration of commercial varieties and amending the general technical regulation for the control and certification of seed and nursery plants.

2.

the following definitions shall apply:

a) "Source zone":

1) An area designated by an autonomous community in its territorial area as a special conservation zone in accordance with Articles 41 et seq. and Annexes II and III to Law 42/2007 of 13 December of the Heritage Natural and Biodiversity, or,

2) An area that contributes to the conservation of plant genetic resources, which has been designated by an autonomous community in its territorial scope in accordance with a procedure based on criteria comparable to the set out in Annex III to Law 42/2007 of 13 December 2007 on Natural Heritage and Biodiversity, and which is managed, preserved and monitored in a manner equivalent to that described in Articles 45 and 47 of that Law.

b) "Collection site": part of the source zone where the seed was collected.

c) "Directly collected mix": a mixture of marketed seeds that has been collected directly from the collection site.

d) "Cultivated Mixture": a mixture of seeds produced in accordance with the following process:

1. The seeds of the different species are collected at the collection site.

2. º The seeds mentioned in point 1 are multiplied outside the collection site as individual species.

3. º The seeds of these species are mixed together to create a mixture composed of the genera, the species and, if relevant, the subspecies that are typical of the habitat type of the collection site.

3. Source region:

Where an Autonomous Community authorises the placing on the market of a conservation mixture, it shall define the region with which that mixture is naturally associated, hereinafter referred to as the 'region of origin'. The information provided by the authorities in the field of plant genetic resources, or recognised organisations as such, shall be taken into account. If the region of origin occupies territory of another Autonomous Community or of other Member States, the Authority which is applying for authorization to place the preservation mixture on the market shall specify a mandatory and favourable report for the those.

4. Authorization:

1. The Autonomous Communities shall authorise the placing on the market of conservation mixtures in their region of origin provided that such mixtures comply with the requirements laid down in paragraph 5, in the case of mixtures of conservation directly collected, or the requirements laid down in paragraph 6, in the case of cultivated conservation mixtures.

2. The following data will be included in the authorization:

a) Producer name and address.

b) Crop method: whether it was collected directly or grown.

c) Percentage by weight of the components by species and, where appropriate, by subspecies.

(d) In the case of cultivated conservation mixtures, the germination of the components which, being fodder species subject to this Technical Regulation, do not meet the germination requirements laid down in Annex I.

e) The amount of mixture to which the authorization applies.

f) Source region.

g) Restriction of marketing to the source region.

h) Source zone.

i) Collection site and, in the case of cultivated conservation mixtures, multiplication site.

j) Collection site habitat type.

k) Year of collection.

3. In the case of directly collected conservation mixtures, it is only mandatory to give the data by species and, where appropriate, by subspecies, of the components that are typical of the type of storage. habitat of the collection site and which, as components of the mixture, are important for the conservation of the natural environment in the context of the conservation of genetic resources.

5. Requirements for the authorisation of directly collected storage mixtures:

1. The conservation mixtures collected directly must have been collected in the source area, at a collection site which has not been sown in the 40 years prior to the date of the producer's application. in paragraph 7, point 1. the source zone shall be located in the region of origin.

2. The components of the conservation mixture collected directly that are species and, where appropriate, subspecies typical of the habitat type of the collection site and which are important, as components of the mixture, for the Conservation of the natural environment in the context of conservation of plant genetic resources will be part of the mix in the appropriate percentage to reconstitute the habitat type of the collection site.

3. The germination of the components mentioned in point 2. º shall be sufficient to reconstitute the habitat type of the collection site.

4. ° The maximum content of the species and, where appropriate, of the subspecies which do not comply with the provisions of point 2. no more than 1% by weight. The conservation mixture collected directly shall not contain Avena fatua, Avena sterilis or Cuscuta spp. The maximum content of Rumex spp., other than Rumex acetosella and Rumex maritimus, will not exceed 0.05% by weight.

The competent authorities of the Autonomous Community shall verify that the above requirements are met, through the necessary inspections and controls, in accordance with paragraph 7, paragraph

.

6. Requirements for the authorisation of cultivated conservation mixtures:

1. In the case of cultivated conservation mixtures, the seeds collected, from which the cultivated conservation mixtures are produced, must have been collected in the source area of a collection site. which has not been sown in the 40 years prior to the date of the producer's application referred to in paragraph 7, point 1. the source zone shall be located in the region of origin.

2. The seed of the cultivated conservation mixtures shall be of species and, where appropriate, of subspecies that are typical of the habitat type of the collection site, and important, as components of the mixture, for the conservation of the natural environment in the context of the conservation of genetic resources.

3. The components of a cultivated conservation mixture which are fodder plant seed subject to this Technical Regulation shall, before mixing, comply with the requirements of specific purity and of the content of the other species listed in Annex I, paragraph C, for the seed of the Commercial category.

4. The multiplication may occur for five generations.

The competent authorities of the Autonomous Community shall verify that the above requirements are met, by means of the tests referred to in paragraph 7, point

.

7. Procedural requirements:

1. The authorization shall be granted by the Autonomous Community upon request of the producer.

The application shall be accompanied by the information necessary to verify compliance with paragraphs 4 and 5 in the case of conservation mixtures collected directly or in paragraphs 4 and 6 in the case of mixtures of conservation cultivated.

2. In the case of directly collected conservation mixtures, the competent services of the Autonomous Communities shall carry out official visual inspections at the collection site during the period of growth, at appropriate intervals to ensure that the mixtures comply with at least the authorisation requirements set out in points 2. 5 and 4. and the results shall be documented.

3. In the case of cultivated conservation mixtures, where the Autonomous Communities examine an application, they shall carry out official tests or under official supervision to verify that the preservation mixture complies, at least the authorisation requirements laid down in points 2 and 3 of paragraph 6.

Such tests shall be carried out in accordance with current international methods or, in the absence of such methods, in accordance with any appropriate method.

To carry out the tests, the Autonomous Community shall ensure that the samples are taken in homogeneous lots and the rules on the weight of the lot and the weight of the sample set out in Annex II shall apply.

8. Quantitative restriction:

The total quantity of seed of conservation mixtures marketed annually in Spain shall not exceed 5% of the corresponding quantity of all fodder plant seed mixtures marketed in accordance with the This Technical Regulation.

9. Application of quantitative restrictions:

1. In the case of directly collected conservation mixtures, the producers shall notify the official bodies of the corresponding Autonomous Community, before the beginning of each production season, of the quantities of seed of conservation mixtures whose authorisation they intend to apply for and the intended site or collection sites.

In the case of cultivated conservation mixtures, producers shall notify the official bodies indicated, before the beginning of each production season, of the quantities of seed of conservation mixtures for which they are authorization is intended to request, along with the size and location of the intended site or collection sites, as well as the size and location of the site or the intended multiplication sites.

2. Yes, the notifications referred to in point 1. make provision for the possibility of exceeding the quantities set out in paragraph 8. Each producer concerned shall be assigned the quantity which he may place on the market in the corresponding production season.

10. Sealed:

1. Conservation mixtures can only be marketed in sealed and sealed containers.

2. The seal consists of the closed operations of the containers and the placement of labels, so that they cannot be opened without the closure system being deteriorated or without the packaging or the label showing signs handling.

11. Tagged:

1. The packaging of the preservation mixtures shall bear a label of the producer or a printed or stamped note containing at least the following information:

a) Registration: "EC Rules and Rules".

b) Name and address of the person responsible for the placement of the labels or their identification mark.

c) Collection method: mix directly or cultivated.

(d) Year of sealing, expressed as follows: "sealed ..." (year).

e) Source region.

f) Source zone.

g) Collection site.

h) Collection site habitat type.

i) The text "conservation mix of fodder plant seed, intended for use in the same habitat type as the collection site, without taking into account the biotic characteristics".

j) The reference number of the batch assigned by the person responsible for the placement of the labels.

k) Percentage by weight of the components by species and, where appropriate, by subspecies.

l) Net or gross weight declared.

m) In case of use of granulated pesticides, coating substances or other solid additives, indication of the nature of the additive, as well as approximate ratio between the weight of glomeruli or pure seed and weight total.

n) In the case of cultivated conservation mixtures, germination data of the components which, being fodder species subject to this Technical Regulation, do not meet the germination requirements laid down in the Annex I.

2. º For the purposes of paragraph 1 (k), it shall be sufficient to indicate the components of the conservation mixtures collected directly, in accordance with paragraph 4, point

.

3. In the case of point (n) of paragraph 1, if more than five specific germination data are required, it is sufficient to indicate an average of the specific germination data required.

12. Communications:

The producers shall communicate annually to the official bodies of the corresponding Autonomous Community the quantity of conservation mixtures marketed in each production campaign. The Autonomous Communities will transfer this information to the Ministry of Agriculture, Food and the Environment, which will transfer them to the European Commission and the other Member States.

In order to ensure compliance with the quantitative restrictions in paragraph 8, the Autonomous Communities shall transfer the notifications referred to in paragraph 9 to the Ministry of Agriculture, Food and the Environment. Environment, simultaneously with the request of the authorizations. If it is necessary to allocate a maximum quantity to each producer, in order not to exceed these quantitative restrictions, the Ministry together with the Autonomous Communities concerned must make a proportional distribution to each producer, the quantities provided for by each producer. '

Final Disposition first. Incorporation of European Union law.

By this order, Commission Directive 2010 /60/EU of 30 August 2010 laying down exceptions to the marketing of seed mixtures of fodder plants intended for use is incorporated into Spanish law. the conservation of the natural environment.

Final Disposition second. Entry into effect.

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

Madrid, January 10, 2012. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.