Economic Community of West African States
Regulation C/REG.4/05/2008 on Harmonization of the Rules Governing Quality Control, Certification and Marketing of Plant Seeds and Seedlings in ECOWAS Region
- Published in official journal 53 on 1 May 2008
- Commenced
- [This is the version of this document at 18 May 2008.]
I: General provisions
Chapter I
Definitions
Article 1 – Definitions
For the purposes of this Regulation:FARMER-MULTIPLICATOR means the category of farmers specialized in seed multiplication.ALLOGAMY means the cross-pollination mode whereby the two gametes (male and female reproductive cells) are from two different individuals.SEED ANALYSIS means the range of techniques used in the laboratory to determine the quality of seed sample.CROPPING HISTORY means cropping undertaken during the planting season immediately preceding the season under consideration.SELF FERTILIZATION means the fertilization of a pistil by pollen from the same flower or another flower of the same plant.AUTOGAMY means the fertilization mode whereby the male and female gametes come from the same individual.PLANT CASTRATION means the removal or destruction of plant male reproductive organs.CATALOGUE OF SPECIES AND VARIETIES means the official document containing the list of all registered species and varieties.WEST AFRICAN CATALOGUE OF PLANT SPECIES AND VARIETIES or WACPSV means the catalogue of plant species and varieties common to Member States.SEED CATEGORY means the class of seeds of the sama nature potentially of one or several generations.PHYTOSANITARY CERTIFICATE means the document that conforms to the models advocated by the International Convention for Plant Protection (ICPP)CERTIFICATION means the culmination of seed quality control process in the field or in laboratory, leading to assurance that the seeds conform to minimum standards of varietal purity through genealogical parentage and a system of breeder seed maintenance of varietal features, in accordance with the provisions of extant technical regulations.SEED PRODUCTION FARM means any parcel of land devoted to production and multiplication of seeds of specific variety.MARKETING means the sale, conservation for the purpose of sale, sale offer and any form of cession, supply or transfer for the purpose of commercial transaction, of seeds or plants with or without remuneration.COMMISSION means ECOWAS Commission.COMMUNITY means the Economic Community of West African States.SEEDS PACKAGING means the operation by which seeds are dried, cleaned, sorted, treated and packaged to avoid physical, chemical or biological degradation and facilitate handling.SEED MULTIPLICATION CONTRACT means a written agreement between the farmer-seed growers and seed producers accredited by the competent services.QUALITY CONTROL means the range of activities carried out by the competent services to verify that the varietal or genetic purity of seeds, their physiological and health conditions as well as their technological standards conform to the technical rules applicable in Member States.SEED CONTROLLER means any technician with responsibility to inspect standing plants to ensure that location and management of seed multiplication farms conform to the extant technical regulations in Member States.CROPPING DECLARATION means the document or form filled out by any individual or corporate body whose name features on the list of seed producers.DISJUNCTION means any plant produced from the descendant of a specie but without the features of that specie given the fact that it has not been genetically engineered.SEED DISTRIBUTOR means any individual or corporate body other than the seed producer engaged in seed marketing either as a wholesaler, semi-wholesaler or retailer.COMMUNITY LAW means a law resulting from application of the ECOWAS Treaty and subsequent texts.SEED SAMPLE means any portion that is representative of seed batch sampled in accordance with extant technical regulations.SAMPLING means the range of operations used to obtain samples in accordance with an established process.PACKAGE means any container notably bags, sachet, cartons made of a variety of materials such as cotton, paper, aluminium and polyethlene in which seeds are packaged.ROGUING means the elimination of off-type plants, diseased plants or any other plants that could alter seed quality.SPECIE means all individuals that inter-cross and are distinguishable by a number of common features.GERMINATION TEST OR TRIAL means any laboratory test meant to observe the appearance of a seedling and its development up to the stage where its essential organs indicate that it would be able or unable, in future, to evolve into a normal plant under conducive full soil conditions.SEED HEALTH STATUS means a condition involving the presence or otherwise of disease occasioned mainly by moulds, bacteria, virus and other parasites such as insects, acarinas and nematodes.LABEL means any document visibly displaying specific information in readable manner to facilitate seed identification or traceability.GERMINATING CAPACITY means the ability of a batch of seeds to germinate, evaluated by calculating the percentage of grains that germinate in a given batch of seeds, under normalized conditions within a given time frame.GENERATION means phylogenesis in successive progenies.FARM GRAIN AND SEED means any seed or grain produced by a farm meant for the personal use of the farmer and not destined for the market.WEED GRAIN means any grain produced by herbaceous wild plants.REGISTRATION means the procedure by which the species or varieties intended to be included in the national catalogue of species, are registered.HOMOZYGOTE means any individual whose cells contain double the amount of genes of a specific nature.OFF-TYPE means any plant of given specie that does not conform to the standards of the specie.DOUBLE CROSS HYBRID means the product of a cross between two single cross involving four lines.SINGLE CROSS (F) means the product of a cross between two pure lines obtained by artificial self fertilization.THREE-WAY CROSS means the product of a cross between a single female cross and a pure male line.HYBRID means the product of a cross between two or several genetically different varieties.INDIVIDUAL means any live specimen of an animal or plant specie produced from one cell.ISOLATION means measures taken to protect a seed production farm from pollution by foreign pollen.ISOLATION IN TIME means staggering the planting date of varieties of the same specie such that the flowering periods do not coincide.ISOLATION IN SPACE means keeping a set distance between the variety meant for multiplication and another variety of the same specie, or between a variety that has been multiplied and the same variety that has not been rogued.ISTA means International Seed Test Association.LABORATORY ASSISTANT means any person trained to work in a laboratory.SEED ANALYSIS LABORATORY means any premises specifically designed to conduct seed tests generally involving special purity, varietal purity, germination, humidity level and health status, with a view to determining seed quality.PURE LINE means any genetically homozygote and homogeneous line.LINE means all individuals descendants of one or several parents. In plants, line is the result of successive self-fertilizations over several generations.SEED BATCH means any quantity of seed defined and identifiable by a number, and is homogenous especially in terms of identity and varietal or genetic purity, special purity, germinating capacity and humidity level.RAW SEED BATCH means any batch of seeds meant for certification.MAINTAINER means any person or organization responsible for maintaining a variety featuring in the national catalogue and likely to be sent in for certificationPARENT MATERIAL (Go) means any initial or zero generation (Go) material, production of which is based on a well-defined breeder seed maintenance method.ACTIVE INGREDIENT means the content of a product to which its effectiveness is wholly or partly attributable.INERT INGREDIENT means any impurities such debris, soil or straw fragments contained in a batch of seedsSTANDARDS means a set of benchmarks for evaluating seed qualitySEED BREEDER means any individual or corporate body who has created or discovered or developed a new varietyACCREDITED PRIVATE BODY means any private institution empowered by a member state to undertake control and certification activitiesBATCH ORIGIN means any venue for production of seed batch such as country, town, village or any other relevant locality.SEED PRODUCTION FARM means any single holder parcel of land comprising one or several seed farmsADVENTIVE PLANT means any undesirable plant or weed growing in a farm landALLOGAMOUS PLANT means any cross-fertilized plant.AUTOGAMOUS PLANT means any plant which reproduces through the fertilization of its ovules by its own pollen.PLANT means any young plant, stem cuttings, leaves or root, grafts and runners meant for plant production.DISEASED PLANT means any plant showing signs of malformation resulting from infestation.SHOOT means any young plant resulting from grain germination and still dependent on the same grain for nourishment.POLLEN means an aggregation of microscopic grains produced by stamens and which constitute the male productive elements of flowering plant.CONTAMINATION means any contamination of the seed multiplication process by the presence of offtype and adventive weeds and/or dangerous diseases and other cultivated plant species difficult to separate.SEED PRODUCER means any individual or corporate body specialized in the production of seeds and registered for inspection.SEED PRODUCER-DISTRIBUTOR means any individual or corporate body specialized in the production of seeds and engaged in their wholesale, semi-wholesale or retail marketing.SPECIFIC PURITY means the proportion of elements considered in a seed batch.VARIETAL OR GENETIC PURITY means the proportion of plants in the field that meet the standards of the variety. In the laboratory, it means the proportion of a given variety in a seed batch.TECHNICAL REGULATION means the document specifying the characteristics of a product or its production procedures and methods, including the applicable administrative requirements that must be respected. Technical regulation may also partially or fully determine the terminologies, symbols or specifications used for packaging, marking and labelling of a product, service, production procedure or methodPLANT BREEDER means any individual or corporate body engaged in plant improvement with a view to creating new varieties.SEED means any plant material or organ, or part of plant organ, such as grain, shoot, bulb, scion, rhizome, tuber or embryo, able to reproduce an individualSEED TUBER means all or any part of a tuber meant for cultivation, as in the case of yam and potato.CONVENTIONAL SEED means any seed of a variety of which the visual, technological and agronomic characteristics have been stabilized through genetic and biological manipulationCERTIFIED SEED means any seed obtained from the first or second multiplication of basic seedROGUE SEED means any seed of undesirable plants or weeds growing in a farmland.BASIC SEED OR FOUNDATION SEED (G4) means any seed from pre-basic or breeder seed produced under the responsibility of a maintainer according to generally accepted maintenance breeding rules for that variety and intended for the production of certified seeds.INFECTED SEED means any seed penetrated by living pathogens such as bacteria, mycoplasma, virusas, protozoa, fungi or yeasts.INFESTED SEED means any seed invaded by parasitic animals such as insects or acarids.PARENT SEED means any seed sown to produce a new generation. Any generation can be used as parent seed, except the generation sold to farmers to produce consumer grains.NON-CONVENTIONAL SEED means any seed other than conventional seedPRE-BASIC OR BREEDER SEED means any generation G1 G2 or G3 seed situated between parent material and basic seed. Pre-basic seed is produced directly by the breeder of the variety or his authorized agentOFFICIAL CONTROL AND CERTIFICATION SERVICE means the national service or body responsible for seed control and certification.SEED STORAGE means any conservation of seeds in a storage area or warehouse under appropriate temperature and humidity conditions.MOISTURE OR WATER CONTENT means the percentage of water content in a seed sample.SEED TECHNICIAN means any seed professional licensed to assist seed producers by the national seed quality control and certification body or service of Member State.CHEMICAL TREATMENT means the application of one or several chemical agents on seeds for their phytosanitary protection.PHYTOSANITARY TREATMENT means the application of chemical products on seeds to protect them against disease and parasites.COMPOSITE VARIETY means any variety obtained by the combination of several lines or populations, of relative genetic variability.PLANT SPECIE OR VARIETY means the collection of plants of the lowest known botanic taxon i) defined by using the characteristics of some genotype or a combination of genotypes, ii) distinguishable from all other plant collections by at least one of these characteristics and iii) considered as an entity given its capacity for authentic reproduction.Chapter II
Purpose and field of application
Article 2 – Purpose
Article 3 – Field of application
Chapter III
Genral principles
Article 4 – Principle of harmonization
In pursuance of harmonization as intended by this Regulation, the Community shall help bridge the gap between Member States' legislations in the field of seeds.Article 5 – Principle of free movement of pesticides
For the purpose of organization of a common market as defined in the Community agricultural policy, there shall be free movement of seeds in the territory of ECOWAS Member States as soon as the seeds meet the quality standards applicable in the Community.Article 6 – Principle of mutual recognition and equivalence
Member States shall implement the principle of mutual recognition of certifications based on the technical specifications and Community standards on plant seeds as well as on the registration conditions and procedures applicable in ECOWAS, and shall recognize such conditions and procedures as equivalent.Article 7 – Principle of recognizing international standards
To ensure the free movement of seeds within Community and foster regional and international trade thereon, Member States shall anchor their seed technical regulations on international standards, directives and recommendations.Article 8 – Principle of participation and information
Chapter IV
Seed management tool and organ
Article 9 – West African Catalogue of Plant Species and Varieties
Article 10 – West African Seed Committee
II: Quality control
Chapter V
Preliminary provisions
Article 11 – Purpose of control
Article 12 – Area of control
Seed quality control shall apply to all stages and venues of production, from the farm to the producer's or distributor's storage facility which must have previously been admitted for control.Article 13 – Quality control authority
Seed quality control in each Member State shall be carried out by the official quality control and certification service or any other accredited private body, in accordance with the provisions of this Regulation.Chapter VI
Admission for control
Article 14 – Application for admission for quality control
Article 15 – Admission criteria
Article 16 – Professional card
Article 17 – Validity of professional card
Professional card shall be issued for three years, renewable at the holder's request, in accordance with the applicable procedures.Article 18 – Suspension of professional card
Article 19 – Withdrawal of professional card
Chapter VII
Organization of production
Article 20 – Seed producer and farmer-seed grower
Article 21 – Varieties to be multiplied
Article 22 – Seed categories
The seed categories shall be as follows:Article 23 – Generations of certified seed
Article 24 – Authorized generations of certified seeds
Chapter VIII
Production conditions
Article 25 – Location of seed farm
Article 26 – Cultivated areas
The minimum and maximum areas per crop and per parcel shall be as applicable in each Member State.Article 27 – Number of varieties and categories
Article 28 – Origin of the parent seed
Chapter IX
Production control
Article 29 – Control periods
Control shall be undertaken at all stages of activity, namely: seed production, conservation, packaging, warehousing, transportation, marketing and utilization.Article 30 – Cropping declaration
Article 31 – Seed multiplication contract
Article 32 – Control agents
Article 33 – Field inspections
Article 34 – Factors determining number of inspections
Article 35 – Grounds for rejection of a seed farm
Article 36 – Inspection report
Article 37 – Seed technicians
Article 38 – Internal control
Any producer admitted for control may install an internal crop control structure that engages seed technicians.Article 39 – Abandonment of a seed farm
A seed farm may be abandoned for climatic or technical reasons at any stage of the vegetative process. In that event, the producer shall accordingly inform the official quality control and certification service or any other accredited private body within the shortest possible time.Article 40 – Classification of crops
Chapter X
Quality control of seed batches
Article 41 – Constitution of seed batch
Article 42 – Size of seed batch
The size of a seed batch shall depend on the species. It shall be defined in the enabling technical regulations mentioned in Article 58 of this Regulation.Article 43 – Identification of raw seed batches
From harvest to packaging stage, raw seed batches of all categories, whether bagged or loose, shall be provisionally identified by label, harvest tag or other appropriate document to avoid accidental mix up.Article 44 – Sampling
Article 45 – Laboratory control
Article 46 – Laboratory reports
Article 47 – A posteriori control
Chapter XI
Conditioning
Article 48 – Seed treatment
Seeds presented for certification shall be treated in a seed conditioning plant accredited by the official quality control and certification service of the Member State in which they have been produced.Article 49 – Use of sorting sieve
Seed cleaning lines in accredited conditioning plants shall use at least one set of three-grid sieve, with top, middle and bottom sieves, selected according to the species to be conditioned.Article 50 – Maintenance of facilities
The conditioning facilities shall be cleaned after every use to avoid accidental mix up.Chapter XII
Packaging
Article 51 – Types of packaging
The type of packaging used shall be those authorized in each Member State. The packaging shall be clean, resistant and appropriate for seed protection and viability.Article 52 – Marking the packagings
Chapter XIII
Splitting - repackaging
Article 53 – Splitting and repackaging
Where seed batches have been assembled and labelled, any subsequent splitting and/or repackaging shall be undertaken in the presence of agents of the quality control and certification service, failing which the seed batches concerned shall be rejected.Article 54 – Labelling
In the case of splitting and/or repackaging, the new labels shall bear the same particulars as the original labels, with additional annotation indicating that the batch has been repackaged.Chapter XIV
Storage
Article 55 – State of storage facilities
Article 56 – Conditions for bags storage
Seed bags shall be placed on duckboards or pallets. They must not be kept in contact with the ground or with walls. Seed batches shall be arranged in a way that allows a passage between piles of seeds to facilitate control and sampling.Chapter XV
Control modalities
Article 57 – Model administrative documents
An enabling Regulation of the Commission shall define the model administrative documents to be used for seed quality control in Member States.Article 58 – Enabling technical regulations
An enabling Regulation of the Commission relating to enabling technical regulations shall complement the modalities of seed quality certification and control in the Member States.III: Seed certification
Chapter XVI
Certification, eligibility conditions and certification fee
Article 59 – Certification
All plant seed produced for the purpose of marketing shall be certified in accordance with the provisions of this Regulation and its enabling Regulations.Article 60 – Eligibility
Certification shall be applicable only to seed batches from farms normally eligible for control and for the varieties listed in the WACPSV.Article 61 – Certification fee
Chapter XVII
Labelling
Article 62 – Mandatory labelling
Article 63 – Colour of certification labels
The colours of certification labels shall depend on seed category. The authorized colours shall be:Article 64 – Specifications on certification labels
Article 65 – Withdrawal of certification labels
Chapter XVIII
Certification attestation
Article 66 – Issuance of certification attestation
Chapter XIX
Exceptions
Article 67 – Exceptional issuance of certification labels
Chapter XX
Carry-over seed batches
Article 68 – Declaration of carry-over seed batches
Chapter XXI
Mutual recognition
Article 69 – Mutual recognition of certification
Seeds certified by an authorized service of a Member State in accordance with the provisions of this Regulation and its enabling Regulations shall be recognized as such by all other Member States.IV: Seed marketing
Chapter XXII
Marketing by producer-distributors and distributors
Article 70 – Variety of seeds marketed on the regional market
Only seeds registered in the West African Catalogue of Plant Species and Varieties shall be marketed in the sub-region.Article 71 – Accreditation
Article 72 – Stores accounting
All seed producer-distributors and distributors shall keep detailed account of stock entries and withdrawals in a ledger that shall be available for checking and inspection at all times by the official quality control and certification service or any other accredited private body, and by the competent Departments of the Ministry of Trade.Article 73 – State of storage facilities
Article 74 – Conditions for bags storage
Seed bags shall be placed on duckboards or pallets. They must not be kept in contact with the ground or with walls. Seed batches shall be arranged in a way that allows a passage between piles of seeds to facilitate control and sampling.Article 75 – Conditions for transportation
Seeds shall be transported in such conditions as can maintain their intrinsic quality.Chapter XXIII
Export-import
Article 76 – Procedure
Article 77 – Issuance of international certificate
Member States' national seed testing laboratories accredited by the ISTA shall be authorized to issue an International Certificate where this is required.Article 78 – Phytosanitary certificate
Article 79 – Scientific research
Exchange of plant material among Member States for scientific research shall not be affected by the provisions of Article 76 of this Regulation. However, the requirement for a phytosanitary certificate shall be applicable.Article 80 – Suspect seed batches
Article 81 – Batches in transit
V: Sanctions
Article 82 – Sanctions for infringement
Article 83 – Empowerment and powers of control agents
VI: Guarantees for persons admitted for control and for distributors
Article 84 – Scope of the guarantees
Individuals or corporate bodies subject to compliance control and inspection at all stages of seed production, certification and marketing shall be accorded the following guarantees:VII: Miscellaneous provisions
Article 85 – Implementation
In furtherance of its activities, WACPSV shall be open to the sub-regional institutions operating in the seed sector. Specific Conventions shall define the modalities of such opening.Article 86 – Relation with other Community texts
Seed quality control, certification and marketing activities within the Community shall be exercised in accordance with the applicable ECOWAS texts.VIII: Final provisions
Article 87 – Publication
This Regulation shall be published by the Commission in the Official Journal of the Community within thirty (30) days following signature by the Chairperson of the Council of Ministers. It shall also be published in Member States' Official Gazette within the same timeframe.Article 88 – Entry into force
This Regulation shall enter into force upon its publication.History of this document
18 May 2008 this version
Consolidation