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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations come into force on 6 October 2023 and extend to Scotland only. They amend the Cereal Seed (Scotland) Regulations 2005 (‘the 2005 Regulations’). These Regulations specify standards in relation to seed of hybrids of durum wheat, spelt wheat and wheat produced by means of cytoplasmic male sterility (‘CMS’).

Regulation 3(a) amends paragraph 7 of schedule 4 of the 2005 Regulations to specify the minimum distances between CMS crops and neighbouring crops.

Regulation 3(b) amends paragraph 8 of schedule 4 of the 2005 Regulations to specify standards for the crop that will produce basic and certified seed by means of CMS. The varietal purity standard of the crop is set by specifying the maximum percentage of plants in different parts of the crop that need not be true to type. The level of male sterility of the crop is set by specifying the minimum percentage levels of male sterility in the female component of the crop.

The purity standards for crops of hybrid of barley produced by means of CMS are amended to bring those standards into line with those set out in in Commission Implementing Directive (EU) 2015/1955 and the OECD Seed Scheme.

Regulation 3(c) amends paragraph 13 of schedule 4 of the 2005 Regulations to specify the minimum percentage of varietal purity of the certified seed of hybrids of durum wheat, spelt wheat and wheat produced by means of CMS. Associated amendments are made to specify the maximum percentage of impurities in the seed and how varietal purity should be tested.

Regulation 3(d) amends paragraph 15 of schedule 4 of the 2005 Regulations to specify the testing requirements that must be met before seed of hybrids can be certified as certified seed.

These Regulations align standards as regards seed of hybrids of durum wheat, spelt wheat and wheat produced by means of CMS with Commission Implementing Directive (EU) 2021/1927. Regulation 4 amends schedule 9 of the 2005 Regulations to update the definition of Council Directive 66/402/EEC as it appears in those Regulations.