Commission Regulation (EC) No 217/2006

of 8 February 2006

laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1), and in particular Article 17(3) thereof,

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed(2), and in particular Article 17(3) thereof,

Having regard to Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed(3), and in particular Article 24(3) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed(4), and in particular Article 38(3) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants(5), and in particular Article 21(3) thereof.

Whereas:

(1) Pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, seed can be marketed only where the requirements in respect of the minimum germination capacity have been met, or in cases where the quantity of available seed which satisfies the germination capacity requirements is insufficient, the Commission has permitted, for a limited period, the marketing of prescribed maximum quantities of seed which does not satisfy the requirements laid down in those directives in respect of the minimum germination capacity.

(2) The process of granting the authorisations is currently too slow.

(3) In order to simplify and accelerate the authorisation procedure while ensuring that the Commission and the Member States have all the information necessary to evaluate and respond to the application, a consultation procedure between the Commission and the Member State appears to be the appropriate instrument.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS REGULATION:

[F1 Article A1 U.K.

1. “the appropriate authority” means—

• “the appropriate authority” means—

  (a)

  in relation to England, the Secretary of State;

  (b)

  in relation to Wales, the Welsh Ministers;

  (c)

  in relation to Scotland, the Scottish Ministers;

• “the Department of Agriculture” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• “responsible authority” means—

  (a)

  F2 ...

  (b)

  in relation to shortages in supply of seed F3 ..., any authority who, in relation to any part of Great Britain, is the appropriate authority and is the Secretary of State if consent is given by—

  (i)

  in relation to Wales, the Welsh Ministers;

  (ii)

  in relation to Scotland, the Scottish Ministers;

• “the Seeds Marketing Regulations” means—

  (a)

  in relation to England, the Seed Marketing Regulations 2011 ;

  (b)

  in relation to Wales, the Seed Marketing (Wales) Regulations 2012 ;

  (c)

  in relation to Scotland—

  (i)

  the Vegetable Seeds Regulations 1993 ;

  (ii)

  the Oil and Fibre Plant Seed (Scotland) Regulations 2004 ;

  (iii)

  the Cereal Seed (Scotland) Regulations 2005 ;

  (iv)

  the Fodder Plant Seed (Scotland) Regulations 2005 ; and

  (v)

  the Beet Seed (Scotland) (No 2) Regulations 2010 ;

  (d)

  F4 ...]

Textual Amendments

F1 Art. A1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(2) (as amended by S.I. 2020/1388, regs. 1(2)(a), 30(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. A1(1) omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(2)(a)(i)

F3 Words in Art. A1(1) omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(2)(a)(ii)

F4 Words in Art. A1(1) omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(2)(b)

Article 1 U.K.

[F5 1. This Regulation lays down the rules applying to requests for permission temporarily to market seed which does not satisfy the requirements in respect of minimum germination in accordance with the Seeds Marketing Regulations.]

2. This Regulation does not apply to the marketing of ‘basic seeds’ as defined by the [F6 Seeds Marketing Regulations].

Textual Amendments

F5 Art. 1(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 1(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K.

[F7 1. Interested suppliers or supplier organisations affected by supply difficulties F8 ... in Great Britain, and wishing to be authorised temporarily to market seed not satisfying the requirements in respect of minimum germination must submit to a responsible authority a request setting out the information referred to in Article 3. That authority must thereupon notify the other responsible authorities [F9 and the Department of Agriculture] of the request.]

[F10 2. Within 15 days after the communication provided for in paragraph 1—

(a) the other responsible authorities may notify the authority to whom the request was made of—

(i) an offer of available seed which can overcome the temporary difficulties in supply; or

(ii) their objections to the marketing of seed which does not satisfy the requirements of the Seeds Marketing Regulations;

(b) the Department of Agriculture may notify the authority to whom the request was made and the other responsible authorities of an offer of available seeds which can overcome the temporary difficulties in supply.]

[F11 3. Seeds covered by the request up to the quantity requested may be marketed in the territory [F12 for which the authority to whom the request was made is responsible] without satisfying the requirements of the Seeds Marketing Regulations if, within the period referred to in paragraph 2—

(a) no offers or objections are notified to the authority to whom the request was made, or

(b) where any offers are made, that authority and the responsible authority or authorities making those offers agree that the offers are unsuitable.

The authority to whom the request was made must publish the conditions under which the marketing is authorised, including the quantity allowed.]

F13 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Art. 2(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(4)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 30(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(1) omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(3)(a)(i)

F9 Words in Art. 2(1) inserted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(3)(a)(ii)

F10 Art. 2(2) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(3)(b)

F11 Art. 2(3) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(3) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(3)(c)

F13 Art. 2(4) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(4)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

The information required in accordance with Article 2(1) shall include the following:

(a)

species and varieties, notably the characteristics in respect of cultivation and use;

(b)

the expected minimum germination;

(c)

the quantities involved;

(d)

supporting documentation explaining the reason for the request;

(e)

the proposed marketing destination, identifying those regions [F14 of Great Britain] affected by the seed supply difficulties;

(f)

the period of application requested for the authorisation.

Textual Amendments

F14 Words in Art. 3(e) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 4(4)

Article 4 U.K.

[F15 In addition to any labelling required under the Seeds Marketing Regulations], the official label on seed shall contain the statement that the seed in question is of a category satisfying less stringent requirements than those laid down by [F16 the relevant Seeds Marketing Regulations], and details of the minimum germination capacity of the seed.

Textual Amendments

F15 Words in Art. 4 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 4 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

1. Subject to the conditions set out in this Regulation, the [F17 responsible authorities] shall allow suppliers to place on the market seed authorised in accordance with Article 3. They may require suppliers to seek permission in advance, which may be refused if:

(a) there is sufficient evidence to doubt whether the supplier is able to place on the market the amount of seed for which he has sought permission; or

(b) the total quantity for which the supplier seeks permission pursuant to the derogation concerned would exhaust the maximum quantity authorised F18 ... under Article 2.

F19 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in Art. 5(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(7)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 5(1)(b) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(7)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F19 Art. 5(2)(3) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K.

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

F20 ...

Textual Amendments

F20 Words in Signature omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 4(8); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

(2)

OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 2004/117/EC.

(3)

OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive 2004/117/EC.

(4)

OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive 2004/117/EC.

(5)

OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2004/117/EC.