1969L0063 — EN — 19.02.1969 — 000.001 — 1
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►B COUNCILDIRECTIVE
of18February1969
amendingtheCouncilDirective of14June1966onthemarketingoffodderplantseed
(69/63/EEC)
(OJ L 48, 26.2.1969, p. 8)
Corrected by:
►C1Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 30 (69/63/EEC)
▼B
COUNCILDIRECTIVE
of18February1969
amending the Council Directive of 14 June 1966 on the marketing
offodderplantseed
(69/63/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 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 Comittee;
Whereas certain provisions of the Council Directive of 14 June 1966(2)
on the marketing of fodder plant seed should be amended;
Whereas it is appropriate to amplify the provisional measures and to
authorise the use of seed of generations prior to basic seed;
Whereas it is necessary to include new species of fodder plant seed in
the Directive and to fix minimum requirements for them;
Whereas, if certain species of seed are not normally reproduced or
marketed in the territory of a Member State, provision should bemade for release of that State, under the procedure of the StandingCommittee on Seeds and Propagating Material for Agriculture, Horti-
culture and Forestry, from the obligation to apply that Directive in
respect of the species in question;
Whereas, in respect of commercial seed, certain requirements as
regards marking should be reduced and the colour of the label should
be altered;
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Council Directive of 14 June 1966 on the marketing of fodder
plant seed shall be amended as prescribed in the following Articles.
Article 2
The English text does not require the amendment made by this Article.
Article 3
1. Article 2 shall be renumbered Article 2 (1).
2. The following shall he substituted for Article 2 (1) (A) (b):
‘(b)Leguminosae Legumes
Hedysarum coronarium L. Sulla
Lotus corniculatus L. Birdsfoot trefoil
Lupinusspec. except
Lupinus perennis L.Lupins, except perennial
lupin
Medicago lupulina L. Black medick
Medicago sativa L. Lucerne
Medicago varia Martyn Lucerne
Onobrychis sativa Lam. Sainfoin1969L0063 — EN — 19.02.1969 — 000.001 — 2
(1) OJ No C 108, 19.10.1968, p. 30.
(2) OJ No 125, 11.7.1966, p. 2298/66.
▼B
Pisum arvense L. Field pea
Trifolium alexandrinum L. Berseem, Egyptian clover
Trifolium hybridum L. Alsike clover
Trifolium incarnatum L. Crimson clover
Trifolium pratense L. Red clover
Trifolium repens L. White clover
Trifolium resupinatum L. Persian clover
Trigonella foenumgraecum
L.Fenugreek
Viciaspec. except Vicia
fabamajor L.Vetches and beans except
broad beans.’
3. The following paragraph (c) shall be added to Article 2 (1) (A):
‘(c)Other species ►C1Swede◄
Brassica napus L. var.
napobrassica (L.) Peterm.
Brassicaoleracea L. convar.
acephala (DC)►C1Fodder kale ◄
Raphanus sativus L.ssp.
oleifera(DC) Metzg.Fodder radish.’
4. The following shall be substituted for Article 2 (1) (C) (a):
‘(a) which ►C1has been produced directly ◄from basic seed or
certified seed, or, if the breeder so requests, from seed of ageneration prior to basic seed which has been found by officialexamination to satisfy the conditions laid down in Annexes Iand II for basic seed;’
5. The following paragraphs 2 and 3 shall be added to Article 2:
‘2. Member States may, during a transitional period of not more
than four years after the entry into force of the laws, regulations or
administrative provisions necessary to comply with this Directive,
and by way of derogation from paragraph 1 (C), certify as certifiedseed seed ►
C1produced directly ◄from seed officially
controlled in a Member State under the scheme in operation atthat time and which affords the same assurances as seed certifiedas basic seed or certified seed in accordance with the principles of
this Directive.
3. The right of Member States to make seed of the species Bras-
sica rapa var.rapa(L.) Thell subject to the provisions of this
Directive shall not be affected.’
Article 4
The following shall be substituted for Article 3 (1):
‘1. The Member States shall provide that seed of:
Brassica napus L. var.►
C1napobrassica ◄(L.) Peterm.
Brassica oleracea L. convar.acephala (DC)
Dactylis glomerata L.
Festuca arundinacea Schreb.
Festuca pratensis Huds.
Festuca rubra L.
Loliumspec.
Phleum pratense L.
Medicago sativa L.
Medicago varia Martyn
Pisum arvense L.
Raphanus sativus L. ssp.oleifera(DC) Metzg.1969L0063 — EN — 19.02.1969 — 000.001 — 3
▼B
Trifolium repens L.
and, as from 1 July 1971, seed of Trifolium pratense L. may not be
placed on the market unless it has been officially certified as “basicseed” or “certified seed” and unless it satisfies the conditions laid
down in Annex II.’
Article 5
In Article 8 the word ‘lots’ shall be substituted for the word ‘consign-
ments’.
Article 6
The following shall be substituted for Article 9 (2):
‘2. Packages which have been officially sealed shall not be
resealed, whether one or more times, except officially. If packagesare resealed, the fact of resealing, the most recent date of resealingand the authority responsible therefor shall be stated on the labelrequired under Article 10 (1).’
Article 7
1. In Article 10 (1) (a) the word ‘brown’ shall be substituted for the
words ‘dark yellow’.
2. The following shall be substituted for Article 10 (1) (b):
‘(b) contain an official document, in the same colour as the label,
giving the same information as that required under Annex IV(A) (a) (3), (4) and (5) for the label and, in the case ofcommercial seed, the information required under Annex IV(b) (2), (4) and (5); this document is not necessary if the infor-mation is printed indelibly on the ►
C1package ◄.’
Article 8
The following shall be substituted for Article 15:
‘Article 15
1. The Member States shall provide that fodder plant seed
produced directly from basic seed certified in one Member Stateand harvested in another Member State or in a third country maybe certified in the State which produced the basic seed if that seedhas undergone field inspection satisfying the conditions laid downin Annex I and if official examination has shown that the condi-
tions laid down in Annex II for certified seed are satisfied.
2. Paragraph 1 shall apply in like manner to the certification of
certified seed produced directly from seed of a generation prior to
basic seed which can satisfy and has been found by official exam-ination to satisfy the conditions laid down in Annexes I and II forbasic seed.’
Article 9
The date ‘1 July 1970’ shall be substituted for the date given in the last
sentence of Article 16 (2).
Article 10
In Article 20 (1) the words ‘of basic seed’ shall be inserted after the
words ‘the annual post-control of seed samples’.
Article 11
The following Article 23a shall be added:
‘Article 23a
Upon application by a Member State, which will de dealt with as
provided in Article 21, that State may be wholly or partiallyreleased from the obligation to apply this Directive in respect of1969L0063 — EN — 19.02.1969 — 000.001 — 4
▼B
certain species if seed of those species is not normally reproduced
or marketed in its territory.’
Article 12
1. The following item 4a shall be added to Annex I:
‘4a In the case of Brassica species, the minimum distances from
neighbouring crops of other varieties or sub species shall be:
400 m for basic seed
200 m for certified seed
These distances can be disregarded if there is sufficient protec-
tion from any undesirable foreign pollination.’
2. In Annex I (5) the words ‘for other corss-fertilised species’ shall
be substituted for the words ‘for cross-fertilised species’.
Article 13
1. The following shall be substituted for the text of Annex II (I) (3)
(A) (b):
‘SpeciesMinimum
analytical
purity
(% by
weight)Maximum
content of
weed seed
(% by
weight)Minimum
germina-
tion
(% of pure
seed)Maximum
content of
hard seed
(% of pure
seed)
(b) Legaminosae
Hedysarum coronarium L. 95 0·1 75 25
Lotus corniculatus L. 95 0·8 75 40
Lupinusspec. 97 0·2 80 20
Medicago lupulina L. 97 0·8 80 20
Medicago sativa L. 97 0·5 80 40
Medicago varia Martyn 97 0·5 80 40
Onobrychis sativa L. 95 1·5 75 20
Pisum arvense L. 97 0·1 80 —
Trifolium alexandrinum L. 97 0·5 80 20
Trifolium hybridum L. 97 0·5 80 20
Trifolium incarnatum L. 97 0·5 80 20
Trifolium pratense L. 97 0·5 80 20
Trifolium repens var.giganteum 97 0·5 80 40
Trifolium repens L. 97 0·8 80 20
Trifolium resupinatum L. 97 0·5 80 20
Trigonella foenum graecum L. 95 0·1 80 —
Vicia faba 97 0·1 85 20
Viciaal. spec. 97 0·5 85 20’
2. The following shall be added to the text of Annex II (I) (3) (A)
(c):
‘SpeciesMinimum
analytical
purity
(% by
weight)Maximum
content of
weed seed
(% by
weight)Minimum
germina-
tion
(% of pure
seed)Maximum
content of
hard seed
(% of pure
seed)
(c) Other species
Brassica species 98 0·5 80 —
Raphanus sativus L. ssp.oleifera (DC)
Metzg. 95 0·5 80 —’
3. The following shall be substituted for the text of Annex II (III)
(2):1969L0063 — EN — 19.02.1969 — 000.001 — 5
▼B
‘2. In the case of Poa annua L., 10%, and of other Poaspecies,
3% of seeds of other Poaspecies shall not be regarded as an
impurity.’
Article 14
1. The following shall be substituted for the text of Annex IV (A)
(a) (1) and (2):
‘1. “EEC rules and standards”2. Certification authority and Member State or their initials.’
2. The following shall be substituted for the text of Annex IV (A)
(b):
‘(b) For commercial seed:
1. “EEC rules and standards”
2. “Commercial seed (not certified as to variety)”
3. Certification authority and Member State or their initials
4. Reference number of lot
5. Species(
1)
6. Region of production7. Declared net or gross weight.’
3. However, labels giving the information required under Annex IV
(A) (a) (1) and (b) of the Council Directive of 14 June 1966 on the
marketing of fodder plant seed may be used up to but not later than30 June 1970.
Article 15
The Member States shall, not later than 1 July 1969, bring into force
the laws, regulations or administrative provisions necessary to complywith this Directive. They shall forthwith inform the Commissionthereof.
Article 16
This Directive is addressed to the Member States.1969L0063 — EN — 19.02.1969 — 000.001 — 6
(1) In the case of lupins, it must be stated whether the lupin in question is bitter
or sweet.