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This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
REGULATION (EEC) No 2358/71 OF THE COUNCIL
of 26 October 1971
on the common organisation of the market in seeds
(OJ No L 246, 5. 11. 1971, p. 1)
Amended by:
Official Journal
No page date
Regulation (EEC) No 597/73 of the Council of 26 February 1973 L 57 3 2. 3. 1973
Regulation (EEC) No 1014/73 of the Council of 27 March 1973 L 106 1 20. 4. 1973Regulation (EEC) No 1707/73 of the Council of 26 June 1973 L 175 5 29. 6. 1973Regulation (EEC) No 1119/74 of the Council of 29 April 1974 L 128 3 10. 5. 1974Regulation (EEC) No 671/75 of the Council of 4 March 1975 L 72 21 20. 3. 1975Council Regulation (EEC) No 1167/77 of 17 May 1977 L 137 1 3. 6. 1977Council Regulation (EEC) No 1346/78 of 19 June 1978 L 165 1 22. 6. 1978Council Regulation (EEC) No 234/79 of 5 February 1979 L 34 2 9. 2. 1979Council Regulation (EEC) No 2878/79 of 17 December 1979 L 325 1 21. 12. 1979Council Regulation (EEC) No 1968/80 of 22 July 1980 L 192 1 26. 7. 1980Council Regulation (EEC) No 3808/81 of 21 December 1981 L 382 37 31. 12. 1981Council Regulation (EEC) No 1581/83 of 14 June 1983 L 163 23 22. 6. 1983Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31. 12. 1985Council Regulation (EEC) No 1355/86 of 24 March 1986 L 118 1 7. 5. 1986Commission Regulation (EEC) No 3997/87 of 23 December 1987 L 377 37 31. 12. 1987Council Regulation (EEC) No 1239/89 of 3 May 1989 L 128 35 11. 5. 1989Council Regulation (EEC) No 1740/91 of 13 June 1991 L 163 39 26. 6. 1991Commission Regulation (EEC) No 3695/92 of 21 December 1992 L 374 40 22. 12. 1992Commission Regulation (EC) No 3375/93 of 9 December 1993 L 303 9 10. 12. 1993Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31. 12. 1994Council Regulation (EC) No 192/98 of 20 January 1998 L 20 16 27. 1. 1998
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Amended by:
A1 Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 59 27. 3. 1972
(adapted by Council Decision of 1 January 1973) L 2 13 1. 1. 1973
A2 Act of Accession of Greece L 291 64 19. 11. 1979A3 Act of Accession of Austria, Sweden and Finland C 241 123 29. 8. 1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 75 1. 1. 1995
Corrected
by:
C1 Corrigendum, OJ No L 229, 18. 8. 1988, p. 46 (3997/87)
2358/71 - - - I
IREGULATION (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 T reaty establishing the EuropeanEconomic 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 Parlia-
ment (
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 in-
clude in particular a common organisation of agriculturalmarkets, which may take various forms, depending on the
product concerned;
Whereas the situation of the market in seeds is character-
ised 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 T ariff automatically applies from 1 January 1970
in pursuance of the T reaty, and this system makes it poss-
ible to dispense with all other protective measures; where-
as, 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 areeffected; whereas, however, imports following duly regis-
tered growing contracts should be exempt from this de-
posit;
(1) OJ No C 11, 5. 2. 1971, p. 30.
(2) OJ No C 36, 19. 4. 1971, p. 38.
2358/71 - - - I
IIWhereas, 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 levy-
ing 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
Tr e a t y ;
Whereas the provisions of the T reaty which allow the
assessment of aids granted by Member States and the pro-
hibition of those which are incompatible with the commonmarket should be made to apply to seeds;
Whereas, in order to facilitate implementation of the pro-
posed measures, a procedure should be provided for estab-
lishing 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, there-
fore, transitional measures may prove to be necessary;
HAS ADOPTED THIS REGULATION:
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1Article 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 3695/92
0713 20 10 Chickpeas (garbanzos) for sowing 3997/87
0713 31 10 Beans of the species Vigna mungo (L.) Hepper
orVigna 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) ,f o rs o w i n g
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.mi-
nor) 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
Article 2
The marketing year for seeds shall begin on 1 July of each
year and end on 30 June of the following year.3997/87
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2Article 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 Commun-ity 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 ma-
jority on a proposal from the Commission, may order the
aid for the second year of the period in question to bemodified. This modification must be made before the
start
of the marketing year concerned and in good time to allow
action as regards production.
2. The amount of aid shall be fixed per quintal of seedsproduced, 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 T reaty.
4. The Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the T reaty 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 aidis payable in the Community shall be fixed in accordance
with the procedure referred to in paragraph 5. That quan-
tity shall be apportioned among the producer Member
States.
5. Detailed rules for the application of this Article shallbe adopted in accordance with the procedure laid down in
Article 11.2358/71
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2878/79
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3Article 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 pro-
ducer 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 applica-
tion of this Regulation.
4. The detailed rules of application for this Article, and
in particular the definition of the seed multiplication con-
tract and the list of species referred to in paragraph 1,
shall be adopted in accordance with the procedure laiddown 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 sub-
mission 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 regis-
tered contracts for growing in third countries, the issue of
such licences shall be conditional on the lodging of a de-
posit guaranteeing that importation is effected during the
period of validity of the licence; the deposit shall be for-
feited 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 re-
quired shall be determined in accordance with the pro-
cedure 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 T ariff shall apply to the
products listed in Article 1.1346/78
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3290/94
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42. The general rules for the interpretation of the com-
bined nomenclature and the special rules for its application
shall apply to the classification of products covered by this
Regulation; the tariff nomenclature resulting from the ap-
plication of this Regulation shall be incorporated in the
Common Customs T ariff.
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 T reaty, appropriate measures may
be applied in trade with third countries until such disturb-
ance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in
accordance with the voting procedure laid down in Ar-
ticle 43 (2) of the T reaty, shall adopt the general rules forthe application of this paragraph and shall define in what
cases and within what limits Member States may take pro-
tective measures.
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 Commission re-
ceives a request from a Member State, is (SIC! it) shall
take a decision thereon within three working days follow-
ing 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 quali-
fied majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the ob-
ligations arising from agreements concluded in accordance
with Article 228 (2) of the T reaty.
Article 8
Save as otherwise provided in this Regulation, Articles 92,
93 and 94 of the T reaty shall apply to the production of
and trade in the products referred to in Article 1.3290/94
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5However, subject to authorization by the Commission, Fin-
land may grant aid respectively:
— for certain quantities of seeds
— for certain quantities of cereal seed
produced solely in this country, because of its specific cli-
matic conditions.
Within a period of three years as from accession, the Com-
mission shall, on the basis of information supplied in good
time by the two abovementioned Member State, forward
to the Council a report on the results of the aid author-
ized, accompanied, where appropriate, by any necessary
proposals. The Council shall act in accordance with the
procedure referred to in Article 3 (4).
Article 8a
Article 9
Member States and the Commission shall communicate to
each other the information necessary for implementing this
Regulation. Rules for the communication and distributionof 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 ofrepresentatives 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
T reaty. 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.
2. The representative of the Commission shall submit tothe 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 T reaty
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 Com-
mittee shall be weighted in the manner set out in that Ar-
ticle. The Chairman shall not vote.95/1/EC, Euratom, ECSC
3290/94 - - - deleted
2358/71
95/1/EC, Euratom, ECSC
2358/71 - - - I
63. The Commission shall adopt measures which shall
apply immediately. 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 applica-
tion 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 pro-
cedure laid down in Article 43 (2) of the T reaty, 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 ac-
c o u n ti st a k e n ,a tt h es a m et i m e ,o ft h eo b j e c t i v e ss e to u t
in Articles 39 and 110 of the T reaty.
Article 14
The provisions governing the financing of the common
agricultural policy shall apply to the market in the prod-
ucts listed in Article 1 from the date on which this Regula-
tion enters into force.
Article 15
In Article 1 (a) of Regulation No 120/67/EEC, (2)t h e
heading ‘10.05 B: Maize, other than hybrid maize for sow-
ing’ 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 intro-
duced by Regulation No 120/67/EEC to that established by
this Regulation, in particular if the introduction of that sys-
tem 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.
(2) OJ No 117, 19. 6. 1967, p. 2269/67.2358/71
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7ANNEX
CN code Description
1. CERES
1001 90 10 Triticum spelta L.
1006 10 10 Oryza sativa L.
— japonica type varieties
— indica type varieties
2. OLEAGINEAE
ex 1204 00 10 Linum usitatissimum L. (textile flax)
ex 1204 00 10 Linum usitatissimum L. (linseed)
ex 1207 99 10 Cannabis sativa L. (monoïce)
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. Presl.
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.
— of high persistence, late or medium late
— new varieties and other
— of low persistence, medium late, medium early or early
ex 1209 29 80 Lolium X boucheanum Kunth
ex 1209 29 80 Phleum Bertolonii (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 0713 10 10 Pisum sativum L. (partim) (field peas)
ex 0713 50 10 Vicia faba L. (partim) (field beans)
ex 1209 29 80 Hedysarum coronarium L.
ex 1209 29 80 Medicago lupulina L.3375 /93
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8CN code Description
ex 1209 21 00 Medicago sativa L. (ecotypes)
ex 1209 21 00 Medicago sativa L. (varieties)
ex 1209 29 80 Onobrychis viciifolia Scop.
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.
ex 1209 22 80 Trifolium repens L. var. giganteum
ex 1209 22 80 Trifolium resupinatum L.
ex 1209 29 10 Vicia sativa L.
ex 1209 29 10 Vicia villosa Roth.3375 /93