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"BREGULATION (EEC) No 2358/71 OF THE COUNCIL
of 26 October 1971
on the common organisation of the market in seeds
(OJ L 246, 5.11.1971, p. 1)
Amended by:
Official Journal
No page date
"M1 Regulation (EEC) No 597/73 of the Council of 26 February 1973 L 57 3 2.3.1973
"M2 Regulation (EEC) No 1014/73 of the Council of 27 March 1973 L 106 1 20.4.1973
"M3 Regulation (EEC) No 1707/73 of the Council of 26 June 1973 L 175 5 29.6.1973
"M4 Regulation (EEC) No 1119/74 of the Council of 29 April 1974 L 128 3 10.5.1974
"M5 Regulation (EEC) No 671/75 of the Council of 4 March 1975 L 72 21 20.3.1975
"M6 Council Regulation (EEC) No 1167/77 of 17 May 1977 L 137 1 3.6.1977
"M7 Council Regulation (EEC) No 1346/78 of 19 June 1978 L 165 1 22.6.1978
"M8 Council Regulation (EEC) No 234/79 of 5 February 1979 L 34 2 9.2.1979
"M9 Council Regulation (EEC) No 2878/79 of 17 December 1979 L 325 1 21.12.1979
"M10 Council Regulation (EEC) No 1968/80 of 22 July 1980 L 192 1 26.7.1980
"M11 Council Regulation (EEC) No 3808/81 of 21 December 1981 L 382 37 31.12.1981
"M12 Council Regulation (EEC) No 1581/83 of 14 June 1983 L 163 23 22.6.1983
"M13 Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
"M14 Council Regulation (EEC) No 1355/86 of 24 March 1986 L 118 1 7.5.1986
"M15 Commission Regulation (EEC) No 3997/87 of 23 December 1987 L 377 37 31.12.1987
"M16 Council Regulation (EEC) No 1239/89 of 3 May 1989 L 128 35 11.5.1989
"M17 Council Regulation (EEC) No 1740/91 of 13 June 1991 L 163 39 26.6.1991
"M18 Commission Regulation (EEC) No 3695/92 of 21 December 1992 L 374 40 22.12.1992
"M19 Commission Regulation (EC) No 3375/93 of 9 December 1993 L 303 9 10.12.1993
"M20 Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
"M21 Council Regulation (EC) No 192/98 of 20 January 1998 L 20 16 27.1.1998
"M22 Council Regulation (EC) No 1405/1999 of 24 June 1999 L 164 17 30.6.1999
"M23 Council Regulation (EC) No 2371/2000 of 23 October 2000 L 275 1 27.10.2000
Amended by:
"A1 Act of Accession of Denmark, Ireland and the United Kingdom of
Great Britain and Northern IrelandL 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
"A2 Act of Accession of Greece L 291 17 19.11.19791971R2358 — EN — 27.10.2000 — 003.001 — 1
"A3 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:
"C1 Corrigendum, OJ L 229, 18.8.1988, p. 46 (3997/87)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1971R2358 — EN — 27.10.2000 — 003.001 — 2
REGULATION (EEC) No 2358/71 OF THE COUNCIL
of 26 October 1971
on the common organisation of the market in seeds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42 and 43 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 (2);
Whereas the operation and development of the common market in
agricultural products must be accompanied by the establishment of a
common agricultural policy to include in particular a common
organisation of agricultural markets, which may take various forms,
depending on the product concerned;
Whereas the situation of the market in seeds is characterised by the need
to keep prices competitive with world prices for these products; whereas
appropriate measures should therefore be taken to stabilise the market
and to ensure a fair income to the producers concerned;
Whereas provision should therefore be made for granting a production
aid for certain seeds; whereas, in view of the way in which they are
produced, provision should be made for a system fixing a standard rate of
aid per quintal of seeds produced;
Whereas the common organisation of the market in seeds involves the
introduction of a single trading system at the external frontiers of the
Community; whereas the Common Customs Tariff automatically applies
from 1 January 1970 in pursuance of the Treaty, and this system makes it
possible to dispense with all other protective measures; whereas,
however, the Community should be enabled to take all necessary
measures without delay so as not to leave the Community market without
defence against disturbances which may arise due to imports or exports;
Whereas the competent authorities must be in a position constantly to
follow trade movements in order to assess market trends and to apply the
measures laid down in this Regulation as necessary; whereas, to that end,
provision should be made for the issue of import and export licences
accompanied by the lodging of a deposit guaranteeing that the
transactions for which such licences are requested are effected; whereas,
however, imports following duly registered growing contracts should be
exempt from this deposit;
Whereas, in respect of hybrid maize for sowing, it is necessary to avoid
disturbances on the Community market caused by offers made on the
world market at abnormally low prices; whereas to this end reference
prices should be fixed for this product and a countervailing charge
should be added to the customs duties when free-at-frontier offer prices
plus customs duties are lower than the reference prices;
Whereas in the internal trade of the Community the levying of any
customs duty or any charge having equivalent effect and the application
of any quantitative restriction or any measure having equivalent effect
are automatically prohibited from January 1970 under the provisions of
the Treaty;
Whereas the provisions of the Treaty which allow the assessment of aids
granted by Member States and the prohibition of those which are
incompatible with the common market should be made to apply to seeds;!B
(1) OJ No C 11, 5. 2. 1971, p. 30.
(2) OJ No C 36, 19. 4. 1971, p. 38.1971R2358 — EN — 27.10.2000 — 003.001 — 3
Whereas, in order to facilitate implementation of the proposed measures,
a procedure should be provided for establishing close co-operation
between Member States and the Commission within a Management
Committee;
Whereas the transition from the system in force in the Member States to
that established by this Regulation should be effected as smoothly as
possible; whereas, therefore, transitional measures may prove to be
necessary;
HAS ADOPTED THIS REGULATION:
Article 1
A common organization of the market in seeds shall be established and
shall cover the following products:
CN code Description
0712 90 11 Hybrid sweet corn for sowing
0713 10 10 Peas (Pisum sativum) for sowing
0713 20 10 Chickpeas (garbanzos) for sowing
0713 31 10 Beans of the species Vigna mungo (L.) Hepper or Vigna
radiata (L.) Wilczek for sowing
0713 32 10 Small red (Adzuki) beans (Phaseolus orVigna angularis)
for sowing
0713 33 10 Kidney beans, including white pea beans (Phaseolus
vulgaris) , for sowing
0713 39 10 Other beans for sowing
0713 40 10 Lentils for sowing
0713 50 10 Broad beans (Vicia faba var.major) and horse beans (Vicia
faba var.equina, Vicia faba var.minor) for sowing
0713 90 10 Other dried leguminous vegetables, for sowing
1001 90 10 Spelt for sowing
ex 1005 10 Hybrid maize for sowing
1006 10 10 Rice in the husk (paddy or rough) for sowing
1007 00 10 Hybrid grain sorghum for sowing
1201 00 10 Soya beans, whether or not broken, for sowing
1202 10 10 Ground-nuts, not roasted or otherwise cooked, in shell, for
sowing
1204 00 10 Linseed, whether or not broken, for sowing
1205 00 10 Rape or colza seeds, whether or not broken, for sowing
1206 00 10 Sunflower seeds, whether or not broken, for sowing
ex 1207 Other oil seeds and oleaginous fruits, whether or not broken,
for sowing
1209 Seeds, fruit and spores, of a kind used for sowing!B
!M15
!M18
!M151971R2358 — EN — 27.10.2000 — 003.001 — 4
Article 2
The marketing year for seeds shall begin on 1 July of each year and end
on 30 June of the following year.
Article 3
1. Where the situation on the Community market for one or more of the
products listed in the Annex and its foreseeable development do not
ensure producers a fair income, aid may be granted for the production of
basic seed or certified seed.
This aid, which shall be uniform throughout the Community for each
species or group of varieties, shall be fixed every two years before 1
August for the marketing year beginning in the following year and for
the subsequent marketing year. However, the aid for the 1978/79 and
1979/80 marketing years shall be fixed before 1 July 1978. If, for the
two-year period for which aid has been fixed, the stability of the market
in the Community appears to be seriously threatened, the Council, acting
by a qualified majority on a proposal from the Commission, may order
the aid for the second year of the period in question to be modified.
"M9This modification must be made before the start of the marketing
year concerned and in good time to allow action as regards production.
3
2. The amount of aid shall be fixed per quintal of seeds produced,
taking into account:
(a) the need to ensure a balance between the volume of production
required in the Community and the amount that can be marketed;
(b) prices for these products on third-country markets.
3. The amount of aid shall be fixed in accordance with the procedure
laid down in Article 43 (2) of the Treaty.
4. The Council, acting in accordance with the voting procedure laid
down in Article 43 (2) of the Treaty on a proposal from the Commission,
shall adopt general rules for the granting of aid and decide, where
appropriate, on amendments to the Annex.
4a. The maximum quantity of rice seed on which the aid is payable in
the Community shall be fixed in accordance with the procedure referred
to in paragraph 5. That quantity shall be apportioned among the producer
Member States.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 11.
6. The varieties of Cannabis sativa L. on which the aid provided for in
this Articles is payable shall be determined in accordance with the
procedure laid down in Article 11.
Article 3a
1. For certain species, with effect from 1 February 1979 all seed
multiplication contracts concluded between a seed undertaking or grower
in the Community and a seed producer established in a third country may
be made subject to compulsory registration with the bodies appointed for
that purpose by each Member State.
2. Member States shall communicate periodically to the Commission
statistical data concerning the registration of multiplication contracts.
3. The data relating to the registration of multiplication contracts may
be utilized only for the purposes of application of this Regulation.!B
!M7
!B
!M21
!B
!M22
!M71971R2358 — EN — 27.10.2000 — 003.001 — 5
4. The detailed rules of application for this Article, and in particular the
definition of the seed multiplication contract and the list of species
referred to in paragraph 1, shall be adopted in accordance with the
procedure laid down in Article 11
Article 4
1. Imports into the Community of any of the products listed in Article 1
may be made conditional on the submission of an import licence issued
by Member States to any applicant irrespective of the place of his
establishment in the Community.
This licence shall be valid for imports effected within the Community.With the exception of imports effected under duly registered contracts
for growing in third countries, the issue of such licences shall be
conditional on the lodging of a deposit guaranteeing that importation is
effected during the period of validity of the licence; the deposit shall be
forfeited in whole or in part if the transaction is not effected, or is only
partially effected, within that period.
2. The list of products for which import licences are required shall be
determined in accordance with the procedure laid down in Article 11.
The period of validity of licences and other detailed rules for the
application of this Article shall be determined in accordance with the
same procedure.
Article 5
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
2. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the
classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall be
incorporated in the Common Customs Tariff.
Article 6
Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade with
third countries:
— the levying of any charge having equivalent effect to a customs duty,— the application of any quantitative restriction or measure having
equivalent effect.
Article 7
1. If, by reason of imports or exports, the Community market in one or
more of the products listed in Article 1 is affected by, or is threatened
with, serious disturbance likely to jeopardize the achievement of the
objectives set out in Article 39 of the Treaty, appropriate measures may
be applied in trade with third countries until such disturbance or threat of
disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shall
adopt the general rules for the application of this paragraph and shall
define in what cases and within what limits Member States may take
protective measures.!M7
!B
!M201971R2358 — EN — 27.10.2000 — 003.001 — 6
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If the Commis-
sion receives a request from a Member State, is (SIC! it) shall take a
decision thereon within three working days following receipt of the
request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising
from agreements concluded in accordance with Article 228 (2) of the
Treaty.
Article 8
Save as otherwise provided in this Regulation, Articles 92, 93 and 94 of
the Treaty shall apply to the production of and trade in the products
referred to in Article 1.
However, subject to authorization by the Commission, Finland may grant
aid respectively:
— for certain quantities of seeds— for certain quantities of cereal seedproduced solely in this country, because of its specific climatic
conditions.
Before 1 January 2006 the Commission shall, on the basis of information
supplied in good time by Finland, forward to the Council a report on the
results of the aid authorised, together with any necessary proposals.
Article 9
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation. Rules for the
communication and distribution of such information shall be adopted in
accordance with the procedure laid down in Article 11.
Article 10
1. A Management Committee for Seeds (hereinafter called the
‘Committee’) shall be established, consisting of representatives of
Member States with a representative of the Commission as Chairman.
2. Within the Committee the votes of Member States shall be weighted
in accordance with Article 148 (2) of the Treaty. The Chairman shall not
vote.
Article 11
1. Where the procedure laid down in this Article is to be followed, the
Chairman shall refer the matter to the Committee either on his own
initiative or at the request of the representative of a Member State.!M20
!B
!A3
!M23
!M20
!B1971R2358 — EN — 27.10.2000 — 003.001 — 7
2. The representative of the Commission shall submit to the Committee
a draft of the measures to be taken. The Committee shall deliver its
opinion on the draft within a time limit which the Chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the Member
States within the Committee shall be weighted in the manner set out in
that Article. The Chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the Opinion
of the Committee, they shall forthwith be communicated by the
Commission to the Council. In that event the Commission may defer
application of the measures which it has adopted for not more than one
month from the date of such communication.
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty, may take a different decision within one
month.
Article 12
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of the
representative of a Member State.
Article 13
This Regulation shall be so applied that appropriate account is taken, at
the same time, of the objectives set out in Articles 39 and 110 of the
Treaty.
Article 14
The provisions governing the financing of the common agricultural
policy shall apply to the market in the products listed in Article 1 from
the date on which this Regulation enters into force.
Article 15
In Article 1 (a) of Regulation No 120/67/EEC, (1) the heading ‘10.05 B:
Maize, other than hybrid maize for sowing’ shall be substituted for the
heading ‘10.05: Maize’.
Article 16
Should transitional measures be necessary to facilitate the transition from
the system in force in Member States or, in respect of hybrid maize for
sowing, from the system introduced by Regulation No 120/67/EEC to
that established by this Regulation, in particular if the introduction of
that system gives rise to substantial difficulties for some products, such
measures shall be adopted in accordance with the procedure laid down in
Article 11. They shall be applicable until 30 June 1973 at the latest.
Article 17
This Regulation shall enter into force on 1 May 1972.
It shall apply from 1 July 1972.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!A3
(1) OJ No 117, 19. 6. 1967, p. 2269/67.!B1971R2358 — EN — 27.10.2000 — 003.001 — 8
ANNEX
CN code Description
1. CERES
1001 90 10 Triticum spelta L.
1006 10 10 Oryza sativa L. (1)
— long-grain varieties the grains of which are of a length exceeding 6,0 millimetres and of a
length/width ratio of more than or equal to 3
— other varieties the grains of which are of a length exceeding or not exceeding 6,0
millimetres and of a length/width ratio of less than 3
2. OLEAGINEAE
ex 1204 00 10 Linum usitatissimum L. (fibre flax)
ex 1204 00 10 Linum usitatissimum L. (linseed)
ex 1207 99 10 Cannabis sativa L. (2) (varieties with a tetrahydrocannabinol content not exceeding 0,3 % for
the 2000/2001 marketing year and 0,2 % for subsequent marketing years)
3. GRAMINEAE
ex 1209 29 10 Agrostis canina L.
ex 1209 29 10 Agrostis gigantea Roth.
ex 1209 29 10 Agrostis stolonifera L.
ex 1209 29 10 Agrostis capillaris L.
ex 1209 29 80 Arrhenatherum elatius (L.) P . Beauv. ex J.S. and K.B. Prest.
ex 1209 29 10 Dactylis glomerata L.
ex 1209 23 80 Festuca arundinacea Schreb.
ex 1209 23 80 Festuca ovina L.
1209 23 11 Festuca pratensis Huds.
1209 23 15 Festuca rubra L.
ex 1209 29 80 Festulolium
1209 25 10 Lolium multiflorum Lam.
1209 25 90 Lolium perenne L. (3)
ex 1209 29 80 Lolium x boucheanum Kunth
ex 1209 29 80 Phleum Bertolinii (DC)
1209 26 00 Phleum pratense L.
ex 1209 29 80 Poa nemoralis L.
1209 24 00 Poa pratensis L.
ex 1209 29 10 Poa palustris andPoa trivialis L.
4. LEGUMINOSAE
ex 1209 29 80 Hedysarum coronarium L.
ex 1209 29 80 Medicago lupulina L.
ex 1209 21 00 Medicago sativa L. (ecotypes)
ex 1209 21 00 Medicago sativa L. (varieties)
ex 1209 29 80 Onobrichis viciifolia Scop.
ex 0713 10 10 Pisum sativum L. (partim) (field peas)
ex 1209 22 80 Trifolium alexandrinum L.
ex 1209 22 80 Trifolium hybridum L.
ex 1209 22 80 Trifolium incarnatum L.
1209 22 10 Trifolium pratense L.
ex 1209 22 80 Trifolium repens L.!M221971R2358 — EN — 27.10.2000 — 003.001 — 9
CN code Description
ex 1209 22 80 Trifolium repens L. var. giganteum
ex 1209 22 80 Trifolium resupinatum L.
ex 0713 50 10 Vicia faba L. (partim) (field beans)
ex 1209 29 10 Vicia sativa L.
ex 1209 29 10 Vicia villosa Roth.
(1) Grain measurements are taken on wholly milled rice by the following method:
(i) take a sample representative of the batch;(ii) sieve the sample so as to retain only whole grains, including immature grains;
(iii) carry out two measurements of 100 grains each and work out the average;
(iv) express the results in millimetres, rounded off to one decimal place.
(
2) The tetrahydrocannabinol (THC) content of a variety is determined by analysing a sample maintained at constant weight. The weight
of THC in relation to the weight of the sample must — for the purposes of granting the aid for the 1998/99 to 2000/01 marketing
years — not be greater than 0,3 % and — for the purposes of granting the aid for subsequent marketing years — not be greater than
0,2 %. The sample is to consist of the upper third of a representative number of plants selected at random at the end of their floweringperiod and with stalks and seeds removed.
(
3) The aid for Lolium perenne for the 2000/2001 and 2001/2002 marketing years is set on a transitional basis for the following three
groups of varieties:
— of high persistence, late or medium late,— new varieties and others,— of low persistence, medium late, medium early or early.!M221971R2358 — EN — 27.10.2000 — 003.001 — 10