# L_2008340EN.01007301.xml

| 19.12.2008 | EN | Official Journal of the European Union | L 340/73 |
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19.12.2008

EN

Official Journal of the European Union

L 340/73

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COMMISSION DIRECTIVE 2008/124/EC

of 18 December 2008

limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’

(Codified version)

(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 3(3) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (2), and in particular Article 3(3) thereof,

Whereas:

| (1) | Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified, together with Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadow grass (Poa pratensis L.) to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (5), by assembling them in a single text. |
| --- | --- |

(1)

Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified, together with Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadow grass (Poa pratensis L.) to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (5), by assembling them in a single text.

| (2) | Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants. |
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(2)

Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants.

| (3) | Directive 2002/57/EC allows the marketing of basic seed, certified seed of all kinds and commercial seed of certain species of oil and fibre plants. |
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(3)

Directive 2002/57/EC allows the marketing of basic seed, certified seed of all kinds and commercial seed of certain species of oil and fibre plants.

| (4) | Both Directives authorise the Commission to prohibit the marketing of seed unless it has been officially certified as ‘basic seed’ or ‘certified seed’. |
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(4)

Both Directives authorise the Commission to prohibit the marketing of seed unless it has been officially certified as ‘basic seed’ or ‘certified seed’.

| (5) | Member States are in a position to produce sufficient basic seed and certified seed to satisfy within the Community the demand for seed of some of the species referred to above with seed of those categories. |
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(5)

Member States are in a position to produce sufficient basic seed and certified seed to satisfy within the Community the demand for seed of some of the species referred to above with seed of those categories.

| (6) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry. |
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(6)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry.

| (7) | This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B, |
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(7)

This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.   Member States shall provide that it shall not be permitted to place on the market seed of:

| — | Poa pratensis L. |
| --- | --- |

—

Poa pratensis L.

smooth-stalk meadowgrass

| — | Vicia faba L. (partim) |
| --- | --- |

—

Vicia faba L. (partim)

field bean

| — | Papaver somniferum L. |
| --- | --- |

—

Papaver somniferum L.

opium poppy

| — | Agrostis gigantea Roth |
| --- | --- |

—

Agrostis gigantea Roth

redtop

| — | Agrostis stolonifera L. |
| --- | --- |

—

Agrostis stolonifera L.

creeping bent grass

| — | Phleum bertolonii DC |
| --- | --- |

—

Phleum bertolonii DC

timothy

| — | Poa palustris L. |
| --- | --- |

—

Poa palustris L.

swamp meadowgrass

| — | Poa trivialis L. |
| --- | --- |

—

Poa trivialis L.

rough-stalked meadowgrass

| — | Lupinus albus L. |
| --- | --- |

—

Lupinus albus L.

white lupin

| — | Brassica juncea (L.) Czernj. et Cosson |
| --- | --- |

—

Brassica juncea (L.) Czernj. et Cosson

brown mustard

| — | Agrostis capillaris L. |
| --- | --- |

—

Agrostis capillaris L.

brown top

| — | Lotus corniculatus L. |
| --- | --- |

—

Lotus corniculatus L.

birdsfoot trefoil

| — | Medicago lupulina L. |
| --- | --- |

—

Medicago lupulina L.

black medick

| — | Trifolium hybridum L. |
| --- | --- |

—

Trifolium hybridum L.

alsike clover

| — | Alopecurus pratensis L. |
| --- | --- |

—

Alopecurus pratensis L.

meadow foxtail

| — | Arrhenatherum elatius (L.) Beauv. ex J. S. et K. B. Presl |
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—

Arrhenatherum elatius (L.) Beauv. ex J. S. et K. B. Presl

tall oatgrass

| — | Bromus catharticus Vahl |
| --- | --- |

—

Bromus catharticus Vahl

rescu grass

| — | Bromus sitchensis Trin. |
| --- | --- |

—

Bromus sitchensis Trin.

Alaska brome-grass

| — | Lupinus luteus L. |
| --- | --- |

—

Lupinus luteus L.

yellow lupin

| — | Lupinus angustifolius L. |
| --- | --- |

—

Lupinus angustifolius L.

blue lupin

| — | Poa nemoralis L. |
| --- | --- |

—

Poa nemoralis L.

wood meadowgrass

| — | Trisetum flavescens (L.) Beauv. |
| --- | --- |

—

Trisetum flavescens (L.) Beauv.

golden oatgrass

| — | Phacelia tanacetifolia Benth. |
| --- | --- |

—

Phacelia tanacetifolia Benth.

California bluebell

| — | Sinapis alba L. |
| --- | --- |

—

Sinapis alba L.

white mustard

| — | Agrostis canina L. |
| --- | --- |

—

Agrostis canina L.

velvet bent

| — | Festuca ovina L. |
| --- | --- |

—

Festuca ovina L.

sheep’s fescue

| — | Trifolium alexandrinum L. |
| --- | --- |

—

Trifolium alexandrinum L.

Egyptian clover

| — | Trifolium incarnatum L. |
| --- | --- |

—

Trifolium incarnatum L.

crimson clover

| — | Trifolium resupinatum L. |
| --- | --- |

—

Trifolium resupinatum L.

Persian clover

| — | Vicia sativa L. |
| --- | --- |

—

Vicia sativa L.

common vetch

| — | Vicia villosa Roth |
| --- | --- |

—

Vicia villosa Roth

hairy vetch

unless it has been officially certified as ‘basic seed’ or ‘certified seed’.

2.   Member States shall provide that it shall not be permitted to place on the market seed of:

| — | Glycine max (L.) Merr. |
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—

Glycine max (L.) Merr.

soya bean

| — | Linum usitatissimum L. |
| --- | --- |

—

Linum usitatissimum L.

linseed

unless it has been officially certified as ‘basic seed’, ‘certified seed, first generation’ or ‘certified seed, second generation’.

Article 2

Directive 75/502/EEC and Directive 86/109/EEC, as amended by the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 18 December 2008.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ 125, 11.7.1966, p. 2298/66.

1

(2)  
  OJ L 193, 20.7.2002, p. 74.

2

(3)  
  OJ L 93, 8.4.1986, p. 21.

3

(4)  See Annex I, Part A.

4

(5)  
  OJ L 228, 29.8.1975, p. 26.

5

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ANNEX I

PART A

Repealed Directives with list of the successive amendments

(referred to in Article 2)

| Commission Directive 75/502/EEC | (OJ L 228, 29.8.1975, p. 26) |
| --- | --- |
| Commission Directive 86/109/EEC | (OJ L 93, 8.4.1986, p. 21) |
| Commission Directive 89/424/EEC | (OJ L 196, 12.7.1989, p. 50) |
| Commission Directive 91/376/EEC | (OJ L 203, 26.7.1991, p. 108) |

Commission Directive 75/502/EEC

(OJ L 228, 29.8.1975, p. 26)

Commission Directive 86/109/EEC

(OJ L 93, 8.4.1986, p. 21)

Commission Directive 89/424/EEC

(OJ L 196, 12.7.1989, p. 50)

Commission Directive 91/376/EEC

(OJ L 203, 26.7.1991, p. 108)

PART B

List of time limits for transposition into national law

(referred to in Article 2)

| Directive | Time limit for transposition |
| --- | --- |
| 75/502/EEC | 1 July 1976 |
| 86/109/EEC | 1 July 1987 (Article 1)
  1 July 1989 (Article 2)
  1 July 1990 (Article 2a)
  1 July 1991 (Articles 3 and 3a) |
| 89/424/EEC | 1 July 1990 |
| 91/376/EEC | 1 July 1991 |

Directive

Time limit for transposition

75/502/EEC

1 July 1976

86/109/EEC

1 July 1987 (Article 1)

1 July 1989 (Article 2)

1 July 1990 (Article 2a)

1 July 1991 (Articles 3 and 3a)

89/424/EEC

1 July 1990

91/376/EEC

1 July 1991

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ANNEX II

Correlation table

| Directive 75/502/EEC | Directive 86/109/EEC | This Directive |
| --- | --- | --- |
| Article 1 | Article 1(1) | Article 1(1) |
| | Article 1(2) | Article 1(2) |
| | Article 2 | Article 1(1) |
| | Article 2a | Article 1(1) |
| | Article 3 | Article 1(1) |
| | Article 3a(1) | Article 1(1) |
| | Article 3a(2) to (6) | — |
| Article 2 | Article 4 | — |
| — | — | Article 2 |
| — | — | Article 3 |
| Article 3 | Article 5 | Article 4 |
| — | — | Annex I |
| — | — | Annex II |

Directive 75/502/EEC

Directive 86/109/EEC

This Directive

Article 1

Article 1(1)

Article 1(1)

Article 1(2)

Article 1(2)

Article 2

Article 1(1)

Article 2a

Article 1(1)

Article 3

Article 1(1)

Article 3a(1)

Article 1(1)

Article 3a(2) to (6)

—

Article 2

Article 4

—

—

—

Article 2

—

—

Article 3

Article 3

Article 5

Article 4

—

—

Annex I

—

—

Annex II

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