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Council Directive of 14 June 1966 on the marketing of cereal seed (66/402/EEC)

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

[F1ANNEX I U.K. CONDITIONS TO BE SATISFIED BY THE CROP

1. The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping. U.K.

[F22. The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination: U.K.

a

In the areas where the presence of S. halepense or S. sudanense is a particular cross-pollination issue, the following shall apply:

a)

crops to produce basic seed of Sorghum bicolor or its hybrids must be isolated not less than 800 m from any source of such contaminating pollen;

b)

crops to produce certified seed of Sorghum bicolor or its hybrids must be isolated not less than 400 m from any source of such contaminating pollen.

Crop Minimum distance
Phalaris canariensis, Secale cereale other than hybrids:
for the production of basic seed
300 m
for the production of certified seed
250 m
Sorghum spp.
for the production of basic seed a
400 m
for the production of certified seed a
200 m
xTriticosecale , self-pollinating varieties
for the production of basic seed
50 m
for the production of certified seed
20 m
Zea mays 200 m

The minimum distances listed in the table above may be disregarded if there is sufficient protection from any undesirable foreign pollination.]

3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration U.K.

In particular, crops of Oryza sativa, Phalaris canariensis, Secale cereale other than hybrids, Sorghum spp. and Zea mays shall conform to the following other standards or conditions:

A.

[F3Oryza sativa:

The number of plants which are recognisable as obviously being wild or red-grain plants shall not exceed:

  • 0 for the production of basic seed,

  • 1 per 100 m 2 for the production of certified seed, first and second generation.]

B.

Phalaris canariensis, Secale cereale other than hybrids:

The number of plant of the crop species, which are recognisable as obviously not being true to the variety shall not exceed:

  • one per 30 m 2 for the production of basic seed,

  • one per 10 m 2 for the production of certified seed,

C.

Sorghum spp.

(a)

The percentage by number of plants of a Sorghum species other than the crop species or plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed:

(aa)

for the production of basic seed

(i)

at flowering: 0,1 %;

(ii)

at maturity: 0,1 %;

(bb)

for the production of certified seed

(i)

plants of the male component which have shed pollen when the plants of the female component have receptive stigmas: 0,1 %;

(ii)

plants of the female component

  • at flowering: 0,3 %;

  • at maturity: 0,1 %;

(b)

The following other standards or conditions shall be satisfied for the production of certified seed of hybrid varieties:

(aa)

sufficient pollen shall be shed by the plants of the male component while the plants of the female component have receptive stigmas;

(bb)

where plants of the female component have receptive stigmas, the percentage of plants of that component which have shed pollen or are shedding pollen shall not exceed 0,1 %;

(c)

Crops of open pollinated varieties or synthetic varieties of Sorghum spp. shall conform to the following standards: the number of plants of the crop species, which are recognisable as obviously not being true to the variety shall not exceed:

  • one per 30 m 2 for the production of basic seed,

  • one per 10 m 2 for the production of certified seed,

D.

Zea mays :

(a)

The percentage by number of plants which are recognisable as obviously not being true to the variety, to the inbred line, or to the component shall not exceed:

(aa)

for the production of basic seed:

(i)

inbred lines, 0,1 %;

(ii)

simple hybrid, each component, 0,1 %;

(iii)

open-pollinated varieties, 0,5 %;

(bb)

for the production of certified seed:

(i)

hybrid varieties component:

  • inbred lines, 0,2 %;

  • simple hybrid, 0,2 %;

  • open-pollinated variety, 1,0 %;

(ii)

open-pollinated varieties, 1,0 %;

(b)

The following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:

(aa)

a sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(bb)

where appropriate, emasculation shall be carried out;

(cc)

where 5 % or more of the female component plants have receptive stigmas, the percentage of female component which have shed pollen or are shedding pollen shall not exceed:

  • 1 % at any official field inspection, and,

  • 2 % at the total of the official field inspections,

Plants are considered as having shed pollen or shedding pollen where, on 50 mm or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen.

4. Hybrids of Secale cereale U.K.

(a) The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination. U.K.

Crop Minimum distance
for the production of basic seed,
where male sterility is used,
1 000 m
where male sterility is not used,
600 m
for the production of certified seed,
500 m

(b) The crop shall have sufficient identity and purity as regards the characteristics of the components, including male sterility. U.K.

In particular, the crop shall conform to the following other standards or conditions:

(i)

the number of plants of the crop species, which are recognisable as obviously not being true to the component shall not exceed,

  • one per 30 m 2 for the production of basic seed,

  • one per 10 m 2 for the production of certified seed, this standard to apply in official field inspections to the female component only;

(ii)

in the case of basic seed, where male sterility is used, the level of sterility of the male-sterile component shall be at least 98 %.

(c) Where appropriate, certified seed shall be produced in mixed cultivation of a female male-sterile component with a male component which restores male fertility. U.K.

5. [F4Crops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta and self-pollinating xTriticosecale and crops to produce certified seed of hybrids of Hordeum vulgare by means of a technique other than Cytoplasmic Male Sterility (CMS)] U.K.

(a) The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination: U.K.

  • the minimum distance of the female component shall be 25 m from any other variety of the same species except from a crop of the male component,

  • this distance can be disregarded if there is sufficient protection from any undesirable foreign pollination;

(b) The crop shall have sufficient identity and purity as regards the characteristics of the components. U.K.

Where seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following other standards or conditions:

(i)

the minimum varietal purity of each component shall be:

  • Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum and Triticum spelta : 99,7 %,

  • self-pollinating xTriticosecale : 99,0 %;

(ii)

the minimum hybridity must be 95 %. The percentage hybridity shall be assessed in accordance with current international methods, in so far as such methods exist. In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during field inspection need not be done.

[F55a. Crops to produce basic and certified seed of hybrids of Hordeum vulgare by means of the technique of CMS: U.K.

(a)

The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:

Crop Minimum distance
For the production of basic seed 100 m
For the production of certified seed 50 m
(b)

The crop shall have sufficient varietal identity and purity as regards the characteristics of the components.

In particular the crop shall conform to the following standards:

(i)

The percentage by number of plants which are obviously not being true to type shall not exceed:

  • for the crops used to produce basic seed, 0,1 % for the maintainer and the restorer line and 0,2 % for the CMS female component,

  • for the crops used to produce certified seed, 0,3 % for the restorer and the CMS female component and 0,5 % in case the CMS female component is a single hybrid.

(ii)

The level of male sterility of the female component shall be at least:

  • 99,7 % for crops used to produce basic seed,

  • 99,5 % for crops used to produce certified seed.

(iii)

The requirements of points (i) and (ii) shall be examined in official post-control test.

(c)

Certified seed may be produced in mixed cultivation of a female male-sterile component with a male component which restores fertility.]

[F36. The crop shall be practically free from any pests which reduce the usefulness and quality of the seed. U.K.

The crop shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests ( RNQPs ) provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031 (1) as well as the measures adopted pursuant to Article 30(1) of that Regulation.

The presence of RNQPs on the crops shall comply with the following requirements as set out in the table:

Fungi and oomycetes
RNQPs or symptoms caused by RNQPs Plants for planting (genus or species) Thresholds for the production of pre-basic seed Thresholds for the production of basic seed Thresholds for the production of certified seed
Gibberella fujikuroi Sawada [GIBBFU] Oryza sativa L. Not more than 2 symptomatic plants per 200 m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop. Not more than 2 symptomatic plants per 200 m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Certified seed of the first generation (C1):

Not more than 4 symptomatic plants per 200 m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Certified seed of the second generation (C2):

Not more than 8 symptomatic plants per 200 m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Nematodes
RNQPs or symptoms caused by RNQPs Plants for planting (genus or species) Thresholds for the production of pre-basic seed Thresholds for the production of basic seed Thresholds for the production of certified seed
Aphelenchoides besseyi Christie [APLOBE] Oryza sativa L. 0 % 0 % 0 %]

7. The satisfaction of the abovementioned other standards or conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision. U.K.

These field inspections shall be carried out in accordance with the following conditions:

A.

The condition and the stage of development of the crop shall permit an adequate examination.

B.

The number of field inspections shall be at least:

(a)

for Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Phalaris canariensis, xTriticosecale, Triticum aestivum, Triticum durum, Triticum spelta, Secale cereale : one;

(b)

for Sorghum spp. and Zea mays during the flowering season:

(aa)

open-pollinated varieties: one,

(bb)

inbred lines or hybrids: three.

When the crop follows a Sorghum spp. and Zea mays crop in either the preceding year or current year, at least one special field inspection shall be made to check the satisfaction of the provisions laid down in point 1 of this Annex.

C.

The size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.

ANNEX II U.K. CONDITIONS TO BE SATISFIED BY THE SEED

1. The seed shall have sufficient varietal identity and varietal purity or, in the case of seed of an inbred line, sufficient identity and purity as regards its characteristics. For the seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components. U.K.

In particular, the seed of the species listed below shall conform to the following other standards or conditions:

A.

Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta other than hybrids in each case:

Category Minimum varietal purity (%)
Basic seed 99,9
Certified seed, 1st generation 99,7
Certified seed, 2nd generation 99,0

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

B.

Self-pollinating varieties of xTriticosecale other than hybrids

Category Minimum varietal purity (%)
Basic seed 99,7
Certified seed, 1st generation 99,0
Certified seed, 2nd generation 98,0

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

C.

[F4Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta , and self-pollinating xTriticosecale

The minimum varietal purity of the seed of the category certified seed shall be 90 %.

In case of Hordeum vulgare produced by means of CMS, it shall be 85 %. Impurities other than the restorer shall not exceed 2 %.

The minimum varietal purity shall be examined in official post-control test on an appropriate proportion of samples.]

D.

Sorghum spp. and Zea mays :

Where for the production of certified seed of hybrid varieties a female male-sterile component and a male component which does not restore male fertility have been used, the seed shall be produced:

  • either by blending seed lots in a proportion appropriate to the variety where, on the one hand, a female male-sterile component has been used and, on the other, a female male-fertile component has been used,

  • or by growing the female male-sterile component and the female male-fertile component in a proportion appropriate to the variety. The proportion of these components shall be examined in field inspections carried out in accordance with the conditions laid down in Annex I.

E.

[F4Hybrids of Secale cereale and CMS-hybrids of Hordeum vulgare]

Seed shall not be certified as certified seed unless due account has been taken of the results of an official post-control test, on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as certified seed to ascertain whether the basic seed met the requirements for basic seed laid down in this Directive in respect of identity and purity as regards the characteristics of the components, including male sterility.

2. The seed shall conform to the following other standards or conditions as regards germination, analytical purity and content of seeds of other plants species:: U.K.

A.

Table:

Species and category Minimum germination (% of pure seed) Minimum analytical purity (% by weight) Maximum content by number of seeds of other plant species including red seeds of Oryza sativa in a sample of the weight specified in column 4 of Annex III (total per column)
Other plant species (a) Red seeds of Oryza sativa Other cereal species Plant species other than cereals Avena fatua, Avena sterilis, Lolium temulentum Raphanus raphanistrum, Agrostemma githago Panicum spp.
1 2 3 4 5 6 7 8 9 10
Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta :
basic seed,
85 99 4 1 (b) 3 0 (c) 1
certified seed, 1st and 2nd generation,
85 (d) 98 10 7 7 0 (c) 3
Avena nuda:
basic seed,
75 99 4 1 (b) 3 0 (c) 1
certified seed, 1st and 2nd generation,
75 (d) 98 10 7 7 0 (c) 3
Oryza sativa :
basic seed,
80 98 4 1 1
certified seed, 1st generation,
80 98 10 3 3
certified seed, 2nd generation,
80 98 15 5 3
Secale cereale:
basic seed,
85 98 4 1 (b) 3 0 (c) 1
certified seed,
85 98 10 7 7 0 (c) 3
Phalaris canariensis :
basic seed,
75 98 4 1 (b) 0 (c)
certified seed,
75 98 10 5 0 (c)
Sorghum spp. 80 98 0
xTriticosecale:
basic seed,
80 98 4 1 (b) 3 0 (c) 1
certified seed, 1st and 2nd generation,
80 98 10 7 7 0 (c) 3
Zea mays 90 98 0
B.

Other standards or conditions applicable where reference is made to them in the table under Section 2 (A) of this Annex:

(a)

the maximum contents of seeds laid down in column 4 include also the seeds of the species in columns 5 to 10;

(b)

a second seed shall not be regarded as an impurity if a second sample of same weight is free from any seeds of other cereals species;

(c)

the presence of one seed of Avena fatua, Avena sterilis or Lolium temulentum in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of these species;

(d)

in the case of varieties of Hordeum vulgare (naked barley) the required minimum germination capacity is reduced to 75 % of pure seed. The official label shall include the words Minimum germination capacity 75 %.

[F33. The seed shall be practically free from any pests which reduce the usefulness and quality of the seed. U.K.

The seed shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

The presence of RNQPs on the seeds and the respective categories shall comply with the following requirements as set out in the table:

Nematodes
RNQPs or symptoms caused by RNQPs

Plants for planting

(genus or species)

Thresholds for pre-basic seed Thresholds for basic seed Thresholds for certified seed
Aphelenchoides besseyi Christie [APLOBE] Oryza sativa L. 0 % 0 % 0 %
Fungi
Gibberella fujikuroi Sawada [GIBBFU] Oryza sativa L. Practically free Practically free Practically free]

[F64. The presence of fungus bodies on the seeds and the respective categories shall comply with the following requirements as set out in the table: U.K.

a

The presence of five fungus bodies such as sclerotia or fragments of sclerotia, or ergots in a sample of the prescribed weight shall be deemed to be in conformity with the standards, where a second sample of the same weight contains no more than four fungus bodies.]

Category Maximum number of fungus bodies, such as sclerotia, or ergots, in a sample of the weight specified in column 3 of Annex III
Cereals other than hybrids of Secale cereale :
  • Basic seed

1
  • Certified seed

3
Hybrids of Secale cereale :
  • Basic seed

1
  • Certified seed

4 a

ANNEX III U.K.

LOT AND SAMPLE WEIGHTS

Species Maximum weight of a lot (tonnes) Minimum weight of a sample to be drawn from a lot (grams) Weight of the sample for determinations by number provided for in columns 4 to 10 of Annex II (2) (A) and Annex II (3) (grams)
1 2 3 4
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta, Secale cereale, xTriticosecale 30 1 000 500
Phalaris canariensis 10 400 200
Oryza sativa 30 500 500
[F7Sorghum bicolor (L.) Moench 30 900 900
Sorghum sudanense (Piper) Stapf 10 250 250]
[F8Hybrids of Sorghum bicolor (L.) Moench x Sorghum sudanense (Piper) Stapf 30 300 300]
Zea mays , basic seed of inbred lines 40 250 250
Zea mays , basic seed other than of inbred lines; certified seed 40 1 000 1 000

The maximum lot weight shall not be exceeded by more than 5 %.]

ANNEX IVU.K.Label

A. Required information U.K.

(a)

For basic seed and certified seed:

1.

[F9 [F10EC] rules and standards.

2.

Certification authority and Member State or their initials.]

2a.

[F11Officially assigned serial number.]

3.

Reference number of lot.

3a.

[F12Month and year of sealing expressed thus: sealed … (month and year),

or

month and year of the last official sampling for the purposes of certification expressed thus: sampled … (month and year).]

4.

Species, [F13indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters].

5.

[F13Variety, indicated at least in roman characters].

6.

Category.

7.

Country of production.

8.

[F14Declared net or gross weight or declared number of [X1seeds] .]

8a.

[F15Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.]

9.

[F13In the case of varieties which are hybrids or inbred lines:

  • for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under Directive 70/457/EEC:

    the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word component ;

  • for basic seed in other cases:

    the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word component ;

  • for certified seed:

    the name of the variety to which the seed belongs, accompanied by the word hybrid .]

10.

[F16Where at least germination has been retested, the words retested … (month and year) and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.]

[F13In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.]

(b)

[X2For seed mixtures:]

1.

[X2Mixture … (species) [F13or varieties] .]

2.

Authority responsible for sealing and Member State.

2a.

[F11Officially assigned serial number.]

3.

Reference number of lot.

3a.

[F12Month and year of sealing expressed thus: sealed … (year and month).]

4.

Species, category, variety, country of production and proportion by weight of each of the components; [F13the names of the species and of the varieties shall be indicted at least in roman characters].

5.

[F14Declared net or gross weight or declared number of [X1seeds] .]

6.

[F15Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.]

7.

[F16Where at least germination of all the components of the mixture has been retested, the words retested … (month and year) and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.]

8.

[F17 Marketing permitted exclusively in … (Member State concerned).]

Editorial Information

Textual Amendments

B. Minimum dimensions U.K.

110 mm × 67 mm.

[F13ANNEX V U.K. Label and document provided in the case of seed not finally certified, harvested in another Member State

A. Information required for the label U.K.

  • authority responsible for field inspection and Member State or their initials,

  • [F11officially assigned serial number,]

  • species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters,

  • variety, indicated at least in roman characters; in the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word component shall be added,

  • category,

  • in the case of hybrid varieties the word hybrid ,

  • declared net or gross weight,

  • the words seed not finally certified .

In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

B. Colour of the label U.K.

The label shall be grey.

C. Information required for the document U.K.

  • authority issuing the document,

  • [F11officially assigned serial number,]

  • species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters,

  • variety, indicated at least in roman characters,

  • category,

  • reference number of the seed used to sow the field and name of the country or countries which certified that seed,

  • field or lot reference number,

  • area cultivated for the production of the lot covered by the document,

  • quantity of seed harveted and number of packages,

  • number of generations after basic seed, in the case of certified seed,

  • attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

  • where appropriate, results of a preliminary seed analysis.]

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