S.L. 433.30 Art. 8Examination under official supervision.

When examination of seeds of cereals, fodder plants and vegetables is carried out under official supervision, the following requirements shall be complied:

(1) with respect to field inspections -

(a) the inspectors shall:

(i) have the necessary technical qualifications;

(ii) derive no private gain in connection with the carrying out of the inspections;

(iii) have been officially licensed by the Directorate and this licensing shall include either the oath of inspectors or the signature by inspectors of a written statement of commitment to the rules governing official examinations;

(iv) carry out inspections under official supervision in accordance with the rules applicable to official inspections.

(b) The seed crop that is going to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory.

(c) A proportion of seed crops shall be checked by official inspectors. That proportion shall be at least 5%.

(d) A proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post-control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity.

(e) Infringements of the rules governing examination under official supervision will be regulated under articles 29 and 30 of the Act. The penalties must be effective, proportionate and dissuasive. The licence of officially licensed inspectors as referred to in paragraph (a)(iii) who are found guilty of deliberately or negligently contravening the rules governing official examinations, shall be withdrawn. Any certification of seed that has been examined shall be annulled in the event of such contravention unless it has been shown that such seed still meets all relevant requirements.

(2) With respect to seed testing -

(a) Seed testing shall be carried out by seed-testing laboratories which have been authorised for that purpose by the Directorate under the conditions set out in paragraphs (b) to (d).

(b) The seed-testing laboratory shall have a seed analyst-in-charge who has direct responsibility for the technical operations of the laboratory and has the necessary qualifications for the technical management of a seed-testing laboratory. Its seed analysts shall have the necessary technical qualifications obtained through training courses organised under conditions applicable to official seed analysts and confirmed by official examinations. The laboratory shall be maintained in premises and with equipment officially considered by the Directorate to be satisfactory for the purpose of seed testing, within the scope of the authorisation. It shall carry out seed testing in accordance with current international methods.

(c) The seed-testing laboratory shall be either an independent laboratory or a laboratory belonging to a seed company. In case of the latter, the laboratory may carry out seed testing only on seed lots produced on behalf of the seed company to which it belongs, unless it has been otherwise agreed between that company, the applicant for certification and the Directorate.

(d) The seed-testing laboratory’s performance of seed testing shall be subject to appropriate supervision by the Directorate.

(e) For the purposes of the supervision referred to in paragraph (d), a proportion of the seed lots submitted for official certification shall be check-tested by official seed testing.

That proportion shall in principle be as evenly spread as possible over natural and legal persons submitting seed for certification and the species submitted but may also be oriented to eliminate specific doubts. That proportion shall be at least 5%.

(f) Infringements of the rules governing examination under official supervision will be regulated under articles 29 and 30 of the Act. The penalties must be effective, proportionate and dissuasive. The authorisation of officially authorised seed-testing laboratories as referred to in paragraph

(a) hereof who are found guilty of deliberately or negligently contravening the rules governing official examinations, shall be withdrawn. Any certification of seed that has been examined shall be annulled in the event of such contravention unless it has been shown that such seed still meets all relevant requirements.