1973L0438 — EN — 13.12.1973 — 000.001 — 1
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►B COUNCILDIRECTIVE
of11December 1973
amendingtheDirectives of14June1966onthemarketingofbeetseed,fodderplantseed,cereal
seed and seed potatoes; the Directive of 30 June 1969 on the marketing of seed of oil and fibreplants; and the Directives of 29 September 1970 on the marketing of vegetable seed and on the
commoncatalogueofvarieties ofagricultural plantspecies
(73/438/EEC)
(OJ L 356, 27.12.1973, p. 79)
Corrected by:
►C1Corrigendum, OJ L 138, 21.5.1974, p. 27 (73/438/EEC)
▼B
COUNCILDIRECTIVE
of11December 1973
amending the Directives of 14 June 1966 on the marketing of beet
seed,fodderplantseed,cerealseedandseedpotatoes;theDirectiveof 30 June 1969 on the marketing of seed of oil and fibre plants;andtheDirectivesof29September1970onthemarketingofvege-
tableseedandonthecommoncatalogueofvarietiesofagricultural
plantspecies
(73/438/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular, Articles43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Economic and Social Committee;
Whereas, for the reasons given hereafter, amendments should be made
to certain provisions of the Directives listed below, which were lastamended by the Directive of 6 December 1972(
2): the Council Direc-
tives of 14 June 1966 on, respectively, the marketing of beet seed(3),
the marketing of fodder plant seed(4), the marketing of cereal seed(5),
the marketing of seed potatoes(6); the Council Directive of 30 June
1969(7) on the marketing of seed of oil and fibre plants; the Council
Directivesof 29 September 1970 on the marketing of vegetableseed(
8) and on the common catalogue of varietiesof agricultural plant
species(9);
Whereas in the case of fodder plant seed and cereal seed provision
should be made for the possibility of special marking concerning thepresence ofAvenafatua;
Whereas the maximum content of hard seed should be increased in the
case of the species Trifolium repens; whereas, moreover, the species
Phleum Bertolinii should be brought within the field of application of
the Directive concerned;
Whereasit isappropriate that to a certain extent the minimum condi-
tions for cereal species should be reinforced; whereas on the other handless strict requirements for the official inspection of autogamousspecies should, be authorized for a transitional period;
Whereas experience of supplying flax seed makes it necessary to admit
for four further yearsthe category ‘Certified s eed, third generation’;
Whereas mixtures of standard seed of several varieties should be
authorized for a transitional period in the case of certain vegetablespecies in small packages; whereas it is also necessary to modify theminimum weights of samples and to introduce a transitional clauseconcerning the germination of vegetable seed;
Whereasan addition s hould be made to the Directive on the common
catalogue of varieties of agricultural plant species as regards those vari-eties which, it has been established, cannot be grown in any part of theterritory of a Member State;1973L0438 — EN — 13.12.1973 — 000.001 — 2
(1) OJ No C 62, 31. 7. 1973, p. 37.
(2) OJ No L 287, 26. 12. 1972, p. 22.
(3) OJ No 125, 11. 7. 1966, p. 2290/66.
(4) OJ No 125, 11. 7. 1966, p. 2298/66.
(5) OJ No 125, 11. 7. 1966, p. 2309/66.
(6) OJ No 125, 11. 7. 1966, p. 2320/66.
(7) OJ No L 169, 10. 7. 1966, p. 3.
(8) OJ No L 225, 12. 10. 1970, p. 7.
(9) OJ No L 225, 12. 10. 1970, p. 1.
▼B
Whereascertain of the abovementioned Directivesprovide that from 1
July 1973 the equivalent of seed and plants harvested in other coun-tries, particularly in third countries, can no longer be established
nationally by Member States; whereas, however, since it has not been
possible to carry out the Community examination in all cases, theabovementioned period should be extended in order to avoid disturbingcurrent commercial relations;
Whereas provision should be made for the simplification of the proce-
dure for the amendment of Annexeswhere implementing meas uresof atechnical nature are concerned, by the application of the procedure of
the Standing Committee on Seedsand Propagating Material for Agri-
culture, Horticulture and Forestry in the event of amendments beingnecessitated by the development of scientific or technical knowledge;
Whereas, finally, a number of drafting corrections should be made to
several of the abovementioned Directives,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Directive of 14 June 1966 on the marketing of beet seed shall be
amended asfollows :
1. The following shall be substituted for Article 16 (2):
‘Member States may themselves take decisions under paragraph 1
concerning a third country, in so far as the Council has not yet taken
any decision with regard to that country within the framework of
thisDirective. Thisright s hall expire on 1 July 1975.’
2. The following shall be substituted for Article 21a:
‘Amendmentsto be made to the content of the Annexesin the light
of the development of scientific or technical knowledge shall beadopted according to the procedure laid down in Article 21.’
Article 2
The Directive of 14 June 1966 on the marketing of fodder plant seed
shall be amended as follows:
1. In the Dutch text of Article 2, (1), point A (a) the words‘gebruiks t
raaigras’ shall be replaced by the words ‘gekruist raaigras’.
2. In Article 2 (1) point A (a), the words: ‘ Phleum Bertolinii DC.
►
C1Timothy ◄.’
shall be added after the words: ‘ Lolium xhybridum Hausskn .
ryegrasses.Hybrid’
3. In Article 11, the following text shall be added: ‘or that seed lots
complying with the special conditions concerning the presence ofAvena fatua laid down according to the procedure provided for in
Article 21, must be accompanied by an official certificate attesting
compliance with these conditions.’
4. The following shall be substituted for Article 16 (2):
‘Member States may themselves take decisions under paragraph 1
concerning a third country, in so far as the Council has not yet takena decision with regard to that country within the framework of thisDirective. Thisright s hall expire on 1 July 1975.’
5. The following shall be substituted for Article 21a:
‘Amendmentsto be made to the content of the Annexesin the light
of the development of scientific or technical knowledge shall beadopted according to the procedure laid down in Article 21.’
6. In Annex II, Part I, point (3), paragraph A, the figure ‘20’ which
appearsin column 5 for the s pecies Trifolium repens L. shall be
replaced by the figure ‘40’.1973L0438 — EN — 13.12.1973 — 000.001 — 3
▼B
Article 3
The Directive of 14 June 1966 on the marketing of cereal seed shall be
amended asfollows :
1. In Article 2 (2) the following subparagraph shall be added:
‘(d) be authorized, on request and according to the procedure laid
down in Article 21, to officially certify seed of autogamousspecies of the categories “certified seed, first generation” or“certified seed, second generation” until 31 December 1978
at the latest:
— when, instead of the official field inspection prescribed in
Annex I, a field inspection, officially controlled by spot-checks on at least 20 % of the crops of each species, iscarried out;
— provided that, in addition to the basic seed, at least the two
generations of pre-basic seed immediately preceding that
category, have been found by an official examination
carried out in Member State concerned, to satisfy theconditionslaid down in AnnexesI and II asto the varietalidentity and varietal purity of basic seed.’
2. In Article 11 the following text shall be added: ‘or that seed lots
complying with the special conditions concerning the presence ofAvena fatua laid down according to the procedure provided for in
Article 21, shall be accompanied by an official certificate attestingcompliance with these conditions.’
3. The following shall be substituted for Article 16 (2):
‘Member States may themselves take decisions under paragraph 1
concerning a third country, in so far as the Council has not yettaken a decision with regard to that country within the frameworkof thisDirective. Thisright s hall expire on 1 July 1975.’
4. The following shall be substituted for the text of Article 21a:
‘Amendmentsto be made to the content of the Annexesin the light
of the development of scienific or technical knowledge shall beadopted according to the procedure laid down in Article 21.’
5. In Annex II, point (3), paragraph A (a) (aa), the figure ‘98’ which
appears in column 5 for basic seed of oats, barley, wheat and spelt,shall be replaced by the figure ‘99’.
6. In Annex II, point (3), the following subparagraph shall be added:
‘D. Special conditionsin res pect of the maximum content of
seeds of other cereal species:
Where the maximum content isfixed in s ubparagraph A at one
seed, a second seed shall not be regarded as impurity if a second500 g sample is free from seeds of other cereal species.’
Article 4
The Directive of 14 June 1966 on the marketing of seed potatoes shall
be amended asfollows :
1. In Article 15 (2) ‘1 July 1975’ shall be substituted for ‘1 July 1973’.
2. The following shall be substituted for Article 19a:
‘Amendmentsto be made to the content of the Annexesin the light
of the development of scientific or technical knowledge shall beadopted according to the procedure laid down in Article 19.’
Article 5
The Directive of 30 June 1969 on the marketing of seed of oil and fibre
plants shall be amended as follows:
1. In Article 2 (1), point A and in Annex II, part I, point (2), paragraph
A, the words‘ Soia hispida L.’ shall be replaced by the words
‘Glycine max (L.) Merrill.’1973L0438 — EN — 13.12.1973 — 000.001 — 4
▼B
2. In Article 2 (2), subparagraph (c) ‘30 June 1978’ shall be substituted
for ‘30 June 1974’.
3. The following shall be substituted for Article 15 (2):
‘Member States may themselves take decisions under paragraph 1
concerning a third country, in so far as the Council has not yet taken
a decision with regard to that country within the framework of this
Directive. Thisright s hall expire on 1 July 1975.’
4. The following shall be substituted for Article 20a:
‘Amendmentsto be made to the content of the Annexesin the light
of the development of scientific or technical knowledge shall beadopted according to the procedure laid down in Article 20.’
Article 6
The Directive of 29 September 1970 on the marketing of vegetable
seed shall be amended as follows:
1. In Article 11 (2), first sentence, the following words shall be
deleted:
— in the German text ‘betreffend ihre Verwendung’;
— in the French text ‘concernant son utilisation’;— in the Italian text ‘in loro possesso riguardanti la sua utilizza-
zione’;
— in the Danish text ‘med henblik på dens anvendelse’;— in the English text ‘in respect of use’.
2. The following paragraph shall be added to Article 24:
‘3. Member Statesmay allow the marketing of mixturesof s tan-
dard seed of different varieties of Lactucasativa L. and of mixtures
of standard seed of different varieties of Raphanus sativus L. in
small packages not exceeding 50 g provided that the words “mixtureof varieties” and the names of the varieties making up the mixtureare shown on the package.’
3. The following Article shall be added after Article 33:
‘Article 33a
Member Statesmay be authorized, in accordance with the procedure
laid down in Article 40, to permit the marketing of seed harvestedbefore 1 July 1973 which does not fully satisfy the requirementsfor germination laid down in Annex II if such seed is speciallymarked. Such authorization may only be granted until 1 July 1975.’
4. The following shall be substituted for Article 40a:
‘Amendmentsto be made to the content of the Annexesin the light
of the development of scientific or technical knowledge shall be
adopted according to the procedure laid down in Article 40.’
5. The following shall be substituted for the text of Annex III, part 2:
‘2.Minimumweightofasample
Species Weight (ing)
Allium cepa 25
Allium porrum 20Anthriscus cerefolium 20
Apium graveolens5
Asparagus officinalis 100Beta vulgaris100Brassica oleracea 25Brassica rapa 20
Capsicum annuum 40
Cichorium intybus15Cichorium endivia 151973L0438 — EN — 13.12.1973 — 000.001 — 5
▼B
Species Weight (ing)
Citrullusvulgaris 250
Cucumismelo 100
Cucumiss ativus 25Cucurbita pepo 150Daucuscarota 10Foeniculum vulgare 25
Lactuca sativa 10
Petroselinum hortense 10Phaseolus coccineus 1 000Phaseolus vulgaris 700Pisum sativum 500
Raphanuss ativus 50
Scorzonera hispanica 30Solanum lycopersicum 20Solanum melongena 20
Spinacia oleracea 75
Valerianella locusta 20Vicia faba 1 000
In the case of F-1 hybrid varieties of the above species, the
minimum weight of the sample may be decreased to a quarter of
the specified weight. However the sample must have a weight of at
least 5 g and consist of at least 400 seeds.’
Article 7
The Directive of 29 September 1970 on the common catalogue of vari-
eties of agricultural plant species shall be amended as follows:
1. In Article 10 (2), first sentence of the Dutch text, the word ‘ervan’
shall be replaced by the words ‘voor hun gebruik’.
2. The following shall be substituted for Article 15 (3), subparagraph
(c): ‘where official growing trialscarried out in the applicant
Member States, Article 5 (4) being applied correspondingly, showthat the variety doesnot, in any part of itsterritory, produce res ultscorresponding to those obtained from a comparable variety acceptedin the territory of that Member State or, where it iswell known that
the variety isnot s uitable for cultivation in any part of itsterritory
because of its type or maturity's class.’
Article 8
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply:
(a) by 1 July 1973 with Article 1, point (1), Article 2, point (4), Article
3, point (3), Article 4, point (1), and Article 5, point (3);
(b) by 1 January 1974 at the latest with Article 1, point (2), Article 2,
points(3) and (5), Article 3, points(2) and (4), Article 4 point (2),
Article 5, point (4) and Article, 6 point (4);
(c) by 1 July 1974 at the latest, with the other provisions of this Direc-
tive.
Article 9
This Directive is addressed to the Member States.1973L0438 — EN — 13.12.1973 — 000.001 — 6