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 of Control and certification of seeds of forage plants, approved by order ARM/3370/2010, of 27 December, lays down the requirements that must comply with the marketing of mixtures of fodder plant seed, as specified in the Directive 66/401/EEC of the Council of 14 June, on the marketing of fodder plant seed.

This Directive 66/401/EEC has been amended by Directive 2010/60/EU Commission on August 30, 2010, which lays down exceptions to the marketing of mixtures of fodder plant seed intended for the conservation of the natural environment.

Proceeds, therefore, the incorporation of the above-mentioned directive 2010/60/EU, through the corresponding modification of the technical regulation of Control and certification of seeds of forage plants.

In the drafting of this provision have been consulted the autonomous communities and the organizations representing the sectors concerned.

By virtue, on the proposal of the Minister of agriculture, food and environment, with the prior approval of the then Vice President of the Government of territorial planning and Minister for Territorial policy and public administration, in accordance with the Council of State, I have: single article. Modification of the technical regulation of Control and certification of seeds of forage plants, approved by the order ARM/3370/2010, of 27 December.

Amending the technical regulation of Control and certification of seeds of forage plants, approved by order of the Ministry of environment and Rural and Marine Affairs of December 27, 2010, in the following terms: one. Paragraph 3 of paragraph V.3 of the heading V, sealing of seed, is drawn up in the following terms: «3rd intended to the preservation of the natural environment, in the context of the preservation of genetic resources, obtained and marketed in accordance with annex V, being able to contain mixtures seeds of forage plants and non-forage plants.»

Two. The annex incorporates V with the following wording: «annex V mixtures of conservation 1. Definition: Are called conservation mixtures mixtures of seed of various genera, species and, where appropriate, subspecies aimed to be used in the conservation of the natural environment in the context of the conservation of genetic resources.

These mixtures may contain seeds of fodder plants subject to this regulation and seeds of plants which are not fodder, as defined in this regulation. When a mixture of conservation contains a variety of conservation order of 23 May 1986 which approves the general regulations technical control and certification of seeds and nursery plants, and the Royal Decree 170/2011, on 11 February, which approves the general regulation of the register of commercial varieties and amending the general technical regulations for control and certification of seeds and nursery plants shall apply.

2 means: a) "area source": 1) an area designated by an autonomous community in its territorial area as a special area of conservation in accordance with articles 41 et seq., and annexes II and III of the law 42/2007, of December 13, of Natural Heritage and biodiversity, or else 2) an area that contributes to the conservation of plant genetic resources , which has been designated by an autonomous community in its territory in accordance with a procedure based on criteria comparable to those laid down in annex III of the law 42/2007, of December 13, of Natural Heritage and biodiversity, which is managed, maintained and monitored in a manner equivalent to that described in articles 45 and 47 of the Act.

(b) "site collection": part of the source that the seed has been collected.

(c) "mix collected directly": a mixture of seed marketed has been collected directly at the site of collection.

(d) ' cultivated blend': a mixture of seeds produced in accordance with the following process: 1 are collected the seeds of different species at the site of collection.

2nd seeds referred to in point 1 are multiplied offsite collection as individual species.

3rd the seeds of these species are mixed to create a mixture of genera, species and, if appropriate, the subspecies that are typical of the type of habitat of the collection site.

3.region of origin: when one autonomous community authorised the marketing of a mix of conservation, will define the region naturally associated with which this mixture, hereinafter referred to as the "region of origin". It must take into account the information provided by the authorities in the field of plant genetic resources, or organizations recognized as such. If the region of origin occupies territory of another autonomous community or other Member States, the authority that the request for authorization of marketing of the mix of conservation, will require prescriptive and favorable report of those.

4. authorization: 1 the autonomous communities shall authorise the marketing of mixtures of conservation in their region of origin provided that such blends comply with the requirements set out in paragraph 5, in the case of mixtures of conservation collected directly, or the requirements laid down in paragraph 6, in the case of mixtures of conservation cultivated.

(2nd in the authorisation shall contain the following information: a) name and address of the producer.

(b) method of harvest: if it has collected directly or it has grown.

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

(d) in the case of mixtures of conservation cultivated, the germination of the components which, being subject to the present technical regulations forage species, do not meet the requirements for germination laid down in annex I.

(e) amount of mixture to which the authorisation applies.

(f) the region of origin.

(g) restricting marketing to the region of origin.

(h) area source.

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

(j) type of habitat of the collection site.

(k) collection year.

(3rd in regards to the letter c), in the case of mixtures of conservation collected directly, it is only obligatory to provide information by species and, where appropriate, by subspecies, components that are typical of the habitat of the collection site type and, as components of the mixture, are important for the conservation of the natural environment in the context of the conservation of genetic resources.

5 authorization of preservation mixtures collected directly requirements: 1 mixtures of conservation directly collected must have been collected in the area source, on a site collection that has not been planted in the forty years prior to the date of application of the producer, referred to in paragraph 7, point 1 the source area will be located in the region of origin.

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

3rd the germination of the components referred to in paragraph 2 is sufficient to reconstitute the habitat of the collection site type.

4th the maximum content of species and, where appropriate, of the subspecies that do not comply with the provisions in point 2 shall not exceed 1% by weight. Conservation collected directly blend will not contain Avena fatua, Avena sterilis or Cuscuta spp. The maximum content of Rumex spp. other than Rumex acetosella and Rumex maritimus, shall not exceed 0,05% by weight.

The competent services of the autonomous community shall verify that the above requirements are met, through inspections and controls that are necessary, as indicated in paragraph 7, point 2 6. Mixtures of conservation cultivated permit requirements: 1 as regards mixtures of conservation cultivated, collected seeds, from which produced mixtures of conservation cultivated, must have been collected in the area source of a site collection that has not been planted in the forty years prior to the date of application of the producer referred to in paragraph 7, point 1 the source area will be located in the region of origin.

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

3rd the components of a mixture of cultivated conservation that are seeds of forage plants subject to the present technical regulations, must comply, before mixing, requirements of specific purity and content of other species listed in annex I section C for category commercial seed.

4th multiplication may occur for five generations.

The competent services of the autonomous community shall verify that the above requirements are met, using the evidence listed in paragraph 7, point 3
7. procedural requirements: 1 the authorization shall be granted by the autonomous community on request of the producer.

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

2nd in terms of preservation mixtures collected directly, the competent autonomous community services shall be official Visual inspections at the site of collection, during the period of growth at appropriate intervals to ensure that blends comply, as a minimum permit requirements set out in paragraph 5, 2nd and 4th points and the results will be documented.

3rd in regards to mixtures of conservation cultivated, when the autonomous communities examined a request be made official, or testing under official supervision, to check that the mixture of conservation meets, as a minimum permit requirements set out in paragraph 6 points 2nd and 3rd the mentioned tests shall be conducted in accordance with current international methods or There is no such methods, in accordance with any method which is most appropriate.

For testing, the autonomous community shall ensure that samples are taken in homogeneous lots and shall apply the rules on the lot weight and the weight of the sample set out in the annex II.

8. quantitative restrictions: the total amount of seed conservation mixtures marketed yearly in Spain will not exceed 5% of the corresponding amount of all mixtures of fodder plant marketed in accordance with the present technical regulations.

9 application of the quantitative restrictions: 1 in the case of mixtures of conservation collected directly, manufacturers shall notify the agencies of the corresponding Autonomous Community, before the beginning of each growing season, the quantities of seed mixtures of conservation whose authorization have intention to apply and the site or intended collection sites.

In the case of mixtures of conservation cultivated, producers shall notify the indicated government agencies, before the beginning of each growing season, the quantities of seed mixtures of conservation whose authorisation they intend to apply, together with the size and the location of the site or of the intended collection sites, as well as the size and the location of the site or of the planned sites of multiplication.

2nd if the notifications referred to in point 1, make provision that will exceed the quantity laid down in paragraph 8, will be assigned to each producer concerned the amount that can be marketed in the corresponding production season.

10. sealing: 1 mixtures of conservation only be marketable in closed and sealed containers.

2nd seal consists of the operations of closed containers and label placement, so that they can not be opened without leaving the closing system deteriorated or unless the container or the label show signs of manipulation.

11 labelling: 1 mixtures of conservation containers will take a producer label or a printed or stamped note showing at least the following information: to) the inscription: "Rules and standards CE".

(b) the name and address of the person responsible for the placement of the labels or his identification mark.

(c) collection method: mix collected directly or grown.

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

(e) the region of origin.

(f) area source.

(g) site collection.

(h) type of habitat of the collection site.

(i) the text "mixed fodder plant seed conservation, intended to be used in the same type of habitat that the site of collection, without taking into account biotic characteristics".

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

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

(l) declared net or gross weight.

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

(n) in the case of mixtures of conservation cultivated, data of germination of components which, being subject to the present technical regulations forage species, do not meet the requirements for germination laid down in annex I.

((2nd in regard to paragraph 1, letter k), will suffice to indicate the components of mixtures of conservation collected directly, in accordance with paragraph 4, point 3 3 in regard to paragraph 1, letter n), if more than five data of germination required specific, simply indicate an average of specific germination data required.

12 communications: Producers shall communicate annually to the official bodies of the corresponding Autonomous Community the amount of mixtures of conservation in every production run. The autonomous communities will move this information to the Ministry of agriculture, food and environment, which will proceed to its transfer to the European Commission and the other Member States.

In order to ensure compliance with the quantitative restrictions of paragraph 8, the autonomous communities will move notifications contained in paragraph 9 to the Ministry of agriculture, food and environment, way it simultaneously to the authorization request. If it is necessary to allocate a maximum amount to each producer, to not exceed these quantitative restrictions, the aforementioned Ministry together with the autonomous communities affected, must be a proportional distribution to each producer, because of the quantities provided for by each producer.»

First final provision. Incorporation of European Union law.

Through this order it incorporates into Spanish law directive 2010/60/EU of the Committee, on August 30, 2010, which lays down exceptions to the marketing of mixtures of fodder plant seed intended for the conservation of the natural environment.

Second final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, January 10, 2012.-the Minister of agriculture, food and environment, Miguel Arias Canete.

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