2002L0056 — EN — 10.07.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE2002/56/EC
of13June2002
onthemarketingofseedpotatoes
(OJ L 193, 20.7.2002, p. 60)
Amended by:
Official Journal
No page date
►M1Commission Decision 2003/66/EC of 28 January 2003 L 25 42 30.1.2003
►M2Council Directive 2003/61/EC of 18 June 2003 L 165 23 3.7.2003
▼B
COUNCILDIRECTIVE2002/56/EC
of13June2002
onthemarketingofseedpotatoes
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 37 thereof,
Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament (
1),
Having consulted the Economic and Social Committee,Whereas:
(1)Council Directive 66/403/EEC of 14 June 1966 on the marketing
of seed potatoes (2) has been frequently and substantially
amended (3). For reasons of clarity and rationality the said Direc-
tive should be codified.
(2)Potato production occupies an important place in the agriculture
of the Community.
(3)Satisfactory results in potato cultivation depend to a large extenton the use of appropriate seed potatoes.
(4)Greater productivity will be achieved in Community potato culti-vation if for the choice of the varieties permitted to be marketedthe Member States apply uniform rules which are as strict aspossible, in particular as regards health status. A common cata-logue of varieties of agricultural plant species is thereforeprovided for in Council Directive 2002/53/EC(
4).
(5)It is desirable to establish a uniform certification scheme for theCommunity based on the experience gained in the application ofschemes in the Member States and that of the Economic
Commission for Europe. In the context of the consolidation of
the Internal Market, the Community scheme should cover theproduction of seed witha view to marketing and to marketingwithin the Community, and should offer no possibilities for theMember States to derogate unilaterally in a way that wouldhinder the free movement of plants within the Community.
(6)As a general rule, seed potatoes should be allowed to bemarketed only if they have been officially examined and certi-fied, in accordance withth e rules for certification, as basic seed
potatoes or certified seed potatoes. The choice of the technical
terms ‘basic seed potatoes’ and ‘certified seed potatoes’ is basedon already existing international terminology. It should bepossible, under specified conditions, to place on the marketbred seed potato of generations prior to basic seed potato andseed potato as grown.
(7)Member States may subdivide the categories of seed potatoesinto grades satisfying different requirements. It seems appro-priate to provide that Community grades and their requirements
may be established in an accelerated procedure. In this respect it
should be left to Member States to decide the extent to whichthey apply these grades to their own production.
(8)In the light of modern advances in propagation techniques, it is
appropriate to lay down a Community procedure for the estab-
lishment of specific rules applicable to the marketing of seedpotatoes produced by techniques involving micropropagation.2002L0056 — EN — 10.07.2003 — 002.001 — 2
(1) Opinion delivered on 9 April 2002 (not yet published in the Official
Journal).
(2) OJ 125, 11.7.1966, p. 2320/66; as last amended by Commission Decision
1999/742/EC (OJ L 297, 18.11.1999, p. 39).
(3) See Annex VI, part A.
(4) See page 1 of this Official Journal.
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(9)Community rules should not apply to seed potatoes shown to be
intended for export to third countries.
(10)In order to improve not only the genetic value and health status
of Community seed potatoes but also their external characteris-
tics, provision should be made for tolerances in respect of
impurities, blemishes and diseases in seed potatoes.
(11)Member States may be authorised, in respect of the marketing of
seed potatoes in all or part of their territories, to take more strin-
gent measures than provided for in Annex I against particularvirus diseases which do not exist in those regions or whichappear particularly harmful to crops in those regions. It hasappeared that the scope of this provision should be extended to
harmful organisms other than virus diseases.
(12)In order to ensure the identity of the seed potatoes, Community
rules on packaging, sealing and marking must be established. To
this end the labels should give the particulars needed both for
official verification and for the information of the user andshould clearly show the Community nature of the certification.
(13)Rules should be introduced on the marketing of chemicallytreated seed potatoes, seed potatoes suitable for organic growingand on the conservation of genetic resources of plants in theinterest of conservation by use in situof varieties threatened
withgenetic erosion.
(14)Derogations should be permitted under certain conditions,without prejudice to the provisions of Article 14 of the Treaty.Member States making use of the derogations should assist
eachoth er administratively as regards inspection.
(15)In order to ensure that both the requirements as to the quality of
the seed potatoes and the provisions for ensuring their identity
are complied withduring marketing, Member States must make
provision for appropriate control arrangements.
(16)Seed potatoes satisfying these requirements should, without
prejudice to Article 30 of the Treaty, be subject to no marketing
restrictions other than those provided for in Community rules,except in those cases where Community rules provide for toler-ances in respect of diseases, harmful organisms or their vectors.
(17)Provision should be made for authorising the marketing withinthe Community of seed potatoes harvested in third countriesonly if they afford the same assurances as seed potatoes offi-cially certified within the Community and complying with
Community rules.
(18)During periods in which there are difficulties in obtaining
supplies of certified seed potatoes of the various categories,
seed potatoes satisfying less stringent requirements should
temporarily be permitted to be marketed, as well as seed pota-toes belonging to varieties not included in the CommonCatalogue of varieties nor in the National Catalogue of Varieties.
(19)In order to ensure that seed potatoes certified in the MemberStates satisfy the requirements laid down and to enable compar-isons to be made in the future between such seed potatoes andthose coming from third countries, Community comparative testsshould be established in Member States to permit annual post-
control of the various categories of certified seed potatoes. The
Member States should be authorised to prohibit the marketingof all or certain varieties of seed potatoes coming from otherMember States if the comparative tests have given unsatisfactoryresults over a period of several years.
(20)It is desirable to organise temporary experiments for the purposeof seeking improved alternatives to certain provisions set out inthis Directive.
(21)The measures necessary for the implementation of this Directiveshould be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the2002L0056 — EN — 10.07.2003 — 002.001 — 3
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exercise of implementing powers conferred on the Commis-
sion(1).
(22)This Directive should not affect the obligations of the Member
States concerning the deadlines for transposition of the Direc-
tives set out in Annex IV, part B,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the production with a view to marketing,
and to the marketing, of seed potatoes within the Community.
It shall not apply to seed potatoes shown to be intended for export to
third countries.
Article 2
For the purposes of this Directive:(a) ‘marketing’: means the sale, holding with a view to sale, offer for
sale and any disposal, supply or transfer aimed at commercialexploitation of seed potatoes to third parties, whether or not forconsideration.
Trade in seed potatoes not aimed at commercial exploitation of
the variety, such as the following operations, shall not be regardedas marketing:
— the supply of seed potatoes to official testing and inspection
bodies,
— the supply of seed potatoes to providers of services for proces-
sing or packaging,
provided the provider of services does not acquire title to seed
potatoes thus supplied.
The supply of seed potatoes under certain conditions to providers
of services for the production of certain agricultural raw materialsintended for industrial purposes, or seed propagation for thatpurpose, shall not be regarded as marketing, provided the providerof services does not acquire title to either the seed thus supplied
or the product of the harvest. The supplier of seed potatoes shall
provide the certification authority with a copy of the relevant partsof the contract made with the provider of services and this shallinclude the standards and conditions currently met by the seedpotatoes provided.
The conditions for the application of this provision shall be deter-
mined in accordance withth e procedure laid down in article
25(2);
(b) ‘basic seed potatoes’: means potato tubers
(i) which have been produced according to accepted practices
for the maintenance of the variety and of health;
(ii) which are intended mainly for the production of certified
seed potatoes;
(iii) which satisfy the minimum conditions laid down in Annexes
I and II for basic seed potatoes; and
(iv) which have been found by official examination to satisfy the
minimum conditions laid down above;
(c) ‘certified seed potatoes’: means potato tubers
(i) which have been produced directly from basic seed or certi-
fied seed, or from seed of a generation prior to basic seedwhich have been found on official examination to satisfy theconditions laid down for basic seed;2002L0056 — EN — 10.07.2003 — 002.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
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(ii) which are intended mainly for the production of potatoes
other than seed potatoes;
(iii) which satisfy the minimum conditions laid down in Annexes
I and II for certified seed potatoes; and
(iv) which have been found by official examination to satisfy the
abovementioned minimum conditions;
(d) ‘official measures’: means measures taken
(i) by State authorities; or
(ii) by any legal person whether governed by public or by private
law, acting under the responsibility of the State; or
(iii) in the case of ancillary activities which are also subject to
State control, by any natural person duly sworn for thatpurpose,
provided that the persons mentioned under (ii) and (iii) derive no
private gain from suchmeasures.
Article 3
1. Member States shall provide that seed potatoes may not be placed
on the market unless they have been officially certified as ‘basic seed
potatoes’ or ‘certified seed potatoes’ and unless they satisfy theminimum conditions laid down in Annexes I and II. The MemberStates shall provide that seed potatoes which do not, during marketing,satisfy the minimum conditions laid down in Annex II may be sorted.
The tubers which are not rejected shall then undergo a further official
examination.
2. Member States may subdivide the categories of seed potatoes
provided for in Article 2 into grades satisfying different requirements.
3. For seed potatoes which have been officially certified, the
following may be determined in accordance withth e procedure referredto in Article 25(2):
— Community grades,
— the conditions applicable to such grades,
— designations applicable to suchgrades.
Member States may prescribe the extent to which they apply these
Community grades in certifying their own production.
4. For seed potatoes produced by micropropagation techniques and
not meeting the size requirements of this Directive, the following may
be determined in accordance withth e procedure referred to in Article25(2):
— derogation from specific provisions of this Directive,
— the conditions applicable to such seed potatoes,— the designations applicable to such seed potatoes.
Article 4
Notwithstanding Article 3(1), Member States shall provide that bred
seed potatoes of generations prior to basic seed potatoes may be placedon the market.
Article 5
Member States may, as regards the minimum conditions laid down in
Annexes I and II, impose additional or more stringent requirements forthe certification of seed potatoes produced in their own territory.
Article 6
1. Notwithstanding Article 3(1), Member States may authorise
producers in their own territory to place on the market:
(a) small quantities of seed potatoes for scientific purposes or selection
work;2002L0056 — EN — 10.07.2003 — 002.001 — 5
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(b) appropriate quantities of seed potatoes for other test or trial
purposes, provided they belong to varieties for which an applica-tion for entry in the catalogue has been submitted in the Member
State in question.
In the case of genetically modified material, such authorisation may be
granted only if all appropriate measures have been taken to avoidadverse effects on human health and the environment. For the environ-mental risk assessment to be carried out in this respect, the provisions
of Article 7(4) of Directive 2002/53/EC shall apply accordingly.
2. The purposes for which the authorisations referred to in paragraph
1(b) may be given, the provisions relating to the marking of packages,and the quantities and the conditions under which Member States maygrant such authorisation shall be determined in accordance with the
procedure referred to in Article 25(2).
3. Authorisation granted, before 14 December 1998, by Member
States to producers in their own territory for the purposes set out inparagraph 1 shall remain in force pending determination of the provi-sions referred to in paragraph 2. Thereafter, all such authorisations
shall respect the provisions established in accordance with paragraph 2.
Article 7
Member States shall require that, for the examination of seed potato
tubers for certification, samples are taken officially in accordance withappropriate methods.
Article 8
1. Member States may require that seed potatoes produced in their
own territory may be separated during production from other potatoesfor plant health reasons.
2. The requirements provided for in paragraph 1 may include
measures to:
— separate the production of seed and other potatoes,
— separate the grading, storage, transportation and handling of seed
and other potatoes.
Article 9
Member States shall provide that seed potatoes may not be placed on
the market if they have been treated with sprout inhibitors.
Article 10
1. Member States shall provide that seed potatoes may not be placed
on the market unless they have a minimum size such that they do notpass through a square mesh of 25 × 25 mm. In the case of tubers which
are too large to pass through a square mesh of 35 × 35 mm, the upper
and lower size limits shall be expressed in multiples of five.
The maximum variation in size between tubers in a lot shall be such
that the difference between the dimensions of the two square meshesused does not exceed 25 mm. These sizing standards may be modified
in accordance withth e procedure referred to in Article 25(2).
2. A lot shall not contain more than 3 % by weight of tubers smaller
than the minimum size indicated or more than 3 % by weight of tuberslarger than the maximum size indicated.
3. Member States may, in respect of seed potatoes produced in their
national territory, further reduce the permitted variation in size between
tubers in a lot.
Article 11
1. Member States shall require that basic seed potatoes and certified
seed potatoes be marketed only in sufficiently homogeneous lots and inclosed packages or containers which must be sealed and bear, as2002L0056 — EN — 10.07.2003 — 002.001 — 6
▼B
prescribed in Articles 12 and 13, a sealing device and markings. The
packages must be new; the containers must be clean.
2. Member States may, for the marketing of small quantities to the
final consumer, provide for derogations from the provisions of para-graph1 in respect of packaging, sealing and marking.
Article 12
1. Member States shall require that packages and containers of basic
seed potatoes and certified potatoes be sealed officially or under offi-
cial supervision in such a manner that they cannot be opened without
damaging the system of sealing or leaving evidence of tampering oneither the official label provided for in Article 13(1) or the package.
In order to ensure closure, the sealing system shall comprise at least
either the official label or the affixing of an official seal.
The measures provided for in the second subparagraph above shall not
be necessary where a non-reusable sealing system is used.
In accordance withth e procedure referred to in Article 25(2) it may be
established whether a particular sealing system complies with theprovisions of this paragraph.
2. Packages and containers which have been officially sealed shall
not be resealed, whether one or more times, except officially or underofficial supervision. If packages are resealed, the fact of resealing, themost recent date of resealing and the authority responsible thereforshall be stated on the label required under Article 13(1).
3. Member States may provide for exceptions to paragraph1 in th e
case of small packages sealed in their own territory. Conditions relating
to these exceptions may be determined in accordance with the proce-dure referred to in Article 25(2).
Article 13
1. Member States shall require that packages and containers of basic
seed potatoes and certified seed potatoes:
(a) be labelled on the outside with an official label which has not
previously been used, which fulfils the conditions laid down inAnnex III and the particulars of which are provided in one of theofficial languages of the Community. The colour of the label shallbe white for basic seed potatoes and blue for certified seed pota-
toes. When a label with a string-hole is used, its attachment shall
be ensured in all cases withan official seal. Th e use of officialadhesive labels shall be authorised. In accordance with with proce-dure referred to in Article 25(2), the indelible printing of theprescribed particulars on the package in accordance with the label
model may be authorised under official supervision;
(b) contain an official document, in the same colour as the label,
providing at least the label particulars required under AnnexIII(A)(3), (4) and (6). This document shall be drawn up in such a
manner that it cannot be confused with the official label referred to
under (a).
This document shall not be necessary if the particulars are printed
indelibly on the package or if, in accordance with the provisions
under (a), an adhesive label or a label of tear resistant material isused.
2. Member States may provide for exceptions to paragraph1 in th e
case of small packages sealed in their own territory. Conditions relating
to these exceptions may be determined in accordance with the proce-
dure referred to in Article 25(2).
Article 14
In accordance withth e procedure referred to in Article 25(2), it may be
provided that, in cases other than those provided for in this Directive,packages or containers of basic seed potatoes or certified seed potatoes2002L0056 — EN — 10.07.2003 — 002.001 — 7
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shall bear a supplier's label (which may either be a label separate from
the official label or take the form of the suppliers' information printedon the package or container itself). The particulars to be provided on
any such label shall also be established in accordance with the proce-
dure referred to in Article 25(2).
Article 15
In the case of seed potatoes of a variety which has been genetically
modified, any label or document, official or otherwise, which is affixed
to or accompanies the seed lot, under the provisions of this Directive,
shall clearly indicate that the variety has been genetically modified.
Article 16
Member States shall require that any chemical treatment of basic seed
potatoes or certified seed potatoes be noted either on the official label
or on the supplier's label and on the package or inside it or on the
container.
Article 17
1. Member States shall ensure that seed potatoes which are placed
on the market under the provisions of this Directive, whether manda-
tory or discretionary, are not subject to any marketing restrictions as
regards their characteristics, examination requirements, marking andsealing other than those laid down in this or any other Directive.
2. The Commission, acting in accordance with the procedure
referred to in Article 25(2), shall, in respect of the marketing of seedpotatoes in all or part of the territory of one or more Member States,authorise more stringent measures than those provided for in AnnexesI and II to be taken against harmful organisms which do not exist in
those regions or which appear particularly harmful to crops in those
regions. Where there is imminent danger of the introduction or spreadof such harmful organisms, and until such time as the Commission hasgiven a final ruling on the matter, such measures may be taken by theMember State concerned as soon as its request has been submitted.
Article 18
The conditions under which bred seed potatoes of generations prior to
basic seed potatoes may be placed on the market under Article 4, shallbe as follows:
(a) they must have been produced in accordance with accepted prac-
tices for the maintenance of the variety and of health;
(b) they must be intended mainly for the production of basic seed pota-
toes;
(c) they must satisfy the minimum conditions to be established by the
procedure referred to in Article 25(2) for pre-basic seed potatoes;
(d) they must have been found by official examination to satisfy the
minimum conditions referred to in (c);
(e) they must be placed in packages or containers in accordance with
this Directive; and
(f) the packages or containers must bear an official label giving at
least the following particulars:
— certification authority and Member State or their distinguishing
abbreviation,
— producer's identification number or lot reference number,
— monthand year of sealing,
— species, indicated at least in roman characters, under its bota-
nical name, which may be given in abridged form and withoutthe authors' names, or under its common name, or both,
— variety, indicated at least in roman characters,
— the description ‘pre-basic seed potatoes’.2002L0056 — EN — 10.07.2003 — 002.001 — 8
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The label shall be white with a diagonal violet line.
Article 19
For the purpose of seeking improved alternatives to certain provisions
set out in this Directive, other than those relating to plant health, it may
be decided to organise temporary experiments under specified condi-tions at Community level in accordance withth e provisions referredto in Article 25(2).
In the framework of such experiments, Member States may be released
from certain obligations laid down in this Directive. The extent of that
release shall be defined with reference to the provisions to which it
applies. The duration of an experiment shall not exceed seven years.
Article 20
1. Community comparative tests and trials shall be carried out
within the Community for the post-control of samples of seed potatoes
placed on the market under the provisions of this Directive, whethermandatory or discretionary, including those relating to plant healthand taken during sampling. The comparative tests and trials mayinclude the following:
— seed potatoes harvested in third countries,
— seed potatoes suitable for organic farming,— seed potatoes marketed in relation to the conservation in situand
the sustainable use of plant genetic resources.
2. These comparative tests and trials shall be used to harmonise the
technical methods of certification and to check satisfaction of the
conditions with which the seed must comply.
3. The Commission, acting in accordance with the procedure
referred to in Article 25(2), shall make the necessary arrangements forthe comparative tests and trials to be carried out. The Commission shallinform the Committee referred to in Article 25(1) about the technical
arrangements for holding the tests and trials and the results thereof.
When plant health problems occur, the Commission shall notify theStanding Committee on Plant Health.
4. The Community may make a financial contribution to the perfor-
mance of the tests and trials foreseen in paragraphs 1 and 2.
The financial contribution shall not exceed the annual appropriations
decided by the budgetary authority.
5. The tests and trials which may benefit from a Community finan-
cial contribution, and detailed rules for the provision of the financialcontribution, shall be established in accordance with the procedurelaid down in Article 25(2).
6. The tests and trials foreseen in paragraphs 1 and 2 may be
performed only by State authorities or legal persons acting under theresponsibility of the State.
7. In accordance with the procedure referred to in Article 25(2), the
Commission may prohibit, in whole or in part, the marketing of seed
potatoes harvested in a particular area of the Community if the progeny
of officially drawn samples of basic seed potatoes or certified seedpotatoes harvested in that particular area and grown in one or moreCommunity tests and trials has for three successive years fallen appre-ciably below the minimum conditions laid down in Annex I(1)(c),(2)(c), (3) and (4).
8. Any measures taken under paragraph 7 shall be withdrawn by the
Commission as soon as it has been established with adequate certaintythat the basic seed potatoes and certified seed potatoes harvested in theparticular area of the Community concerned will in future satisfy theminimum conditions referred to in paragraph7.2002L0056 — EN — 10.07.2003 — 002.001 — 9
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Article 21
1. The Council, acting by a qualified majority on a proposal from
the Commission, shall determine whether seed potatoes harvested in athird country and affording the same assurances as regards their char-
acteristics and the arrangements for their inspection, for ensuring
identity, for marking and for control are equivalent in these respectsto basic seed potatoes or certified seed potatoes harvested within theCommunity and complying with the provisions of this Directive.
2. Until such time as the Council has taken a decision under para-
graph 1, the Member States shall be free to take such decisions
themselves. This right shall expire on 1 July 1975.
3. Member States are hereby authorised to extend until ►
M131
March2005 ◄the validity of decisions taken in accordance with para-
graph 2, it being understood that these decisions may be used only inaccordance withMember States' obligations under th e common ruleson plant health laid down by Council Directive 2000/29/EC of 8 May2000 on protective measures against the introduction into the Commu-
nity of organisms harmful to plants or plant products and against their
spread in the Community (
1).
The period in the first subparagraph may be extended for third coun-
tries, in accordance withth e procedure laid down in Article 25(2), ifthe available information does not permit a determination according toparagraph1 and for as long as suchinformation does not permit suchadetermination.
4. Paragraphs 1 and 2 shall also apply in respect of any new
Member State from the date of its accession to the date on which it is
to bring into force the laws, regulations or administrative provisionsnecessary to comply withth is Directive.
Article 22
1. In order to remove any temporary difficulties in the general
supply of basic seed potatoes or certified seed potatoes that occur inthe Community and cannot be otherwise overcome, it may be decidedin accordance with the procedure referred to in Article 25(2) thatMember States shall permit, for a specified period, the marketing
throughout the Community in quantities necessary to resolve the supply
difficulties of seed potatoes of a category subject to less stringentrequirements, or of seed potatoes of varieties not included in theCommon Catalogue of Varieties of Agricultural Plant Species or inthe national catalogues of varieties of the Member States.
2. For a category of seed potatoes of any given variety, the official
label shall be that provided for the corresponding category; for seed
potatoes of varieties not included in the abovementioned catalogues
the colour of the official label shall be brown. The label shall alwaysstate that the seed potatoes in question are of a category satisfying lessstringent requirements.
3. Rules for the application of paragraph 1 may be adopted in accor-
dance withth e procedure referred to in Article 25(2).
Article 23
1. Member States shall ensure that official inspections are carried
out in relation to the marketing of seed potatoes, at least by randomchecks, to verify compliance with the requirements and conditions of
this Directive.
2. Without prejudice to the free movement of seed potatoes within
the Community, Member States shall take all necessary measures toensure that they are supplied with the following particulars during the2002L0056 — EN — 10.07.2003 — 002.001 — 10
(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Direc-
tive 2002/28/EC (OJ L 77, 20.3.2002, p. 23).
▼B
marketing of quantities exceeding two kilograms of seed potatoes
imported from third countries:
(a) species,
(b) variety;
(c) category;
(d) country of production and control authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed potatoes.
The manner in which these particulars must be presented may be deter-
mined in accordance withth e procedure laid down in Article 25(2).
Article 24
Amendments to be made to the content of the Annexes in the light of
the development of scientific or technical knowledge shall be adopted
according to the procedure referred to in Article 25(2).
Article 25
1. The Commission shall be assisted by the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture and
Forestry, set up by Article 1 of Council Decision 66/399/EEC (1).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its rules of procedure.
Article 26
Save as otherwise provided in Annexes I and II in respect of tolerances
for diseases, harmful organisms or their vectors, this Directive shall be
without prejudice to the provisions of national laws justified ongrounds of the protection of health and life of humans, animals orplants or the protection of industrial and commercial property.
Article 27
1. Specific conditions may be established in accordance with the
procedure referred to in Article 25(2) to take account of developmentsin the areas of:
(a) conditions under which chemically treated seed may be marketed;
(b) conditions under which seed may be marketed in relation to the
conservation in situand the sustainable use of plant genetic
resources, which are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production may be
marketed.
2. The specific conditions referred to in paragraph 1(b) shall include
in particular the following points:
(a) the seed of these species shall be of a known provenance approved
by the appropriate authority in each Member State for marketing
the seed in defined areas;
(b) appropriate quantitative restrictions.2002L0056 — EN — 10.07.2003 — 002.001 — 11
(1) OJ 125, 11.7.1966, p. 2289/66.
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Article 28
Member States shall communicate to the Commission the text of the
main provisions of domestic law they adopt in the field covered by
this Directive.
The Commission shall inform the other Member States thereof.
Article 29
Directive 66/403/EEC, as amended by the acts set out in Annex IV,
part A, is repealed, without prejudice to the obligations of the Member
States concerning the deadline for transposition of the said Acts set outin Annex IV, part B.
References to the repealed Directive shall be construed as references to
this Directive and shall be read in accordance with the correlation tablein Annex V.
Article 30
This Directive shall enter into force the twentieth day following that of
its publication in the Official Journal of the European Communities .
Article 31
This Directive is addressed to the Member States.2002L0056 — EN — 10.07.2003 — 002.001 — 12
▼B
ANNEX I
MINIMUMCONDITIONSTOBESATISFIEDBYSEEDPOTATOES
1. Basic seed potatoes shall satisfy the following conditions:
(a) on official inspection of the growing plants the number affected by
blackleg must not exceed 2 %;
(b) in the direct progeny the number of plants not breeding true to the
variety must not exceed 0,25 % and the number of plants of a different
variety must not exceed 0,1 %;
(c) in the direct progeny the number of plants showing symptoms of mild or
severe virus infection must not exceed 4 %.
2. Certified seed potatoes shall satisfy the following conditions:
(a) on official inspection of the growing plants the number affected by
blackleg must not exceed 4 %;
(b) in the direct progeny the number of plants not breeding true to the
variety must not exceed 0,5 % and the number of plants of a different
variety must not exceed 0,2 %;
(c) in the direct progeny the number of plants showing symptoms of severe
virus infection must not exceed 10 %. Light mosaics merely causing
discoloration and not leaf deformation shall be ignored.
3. In assessing the progeny of a variety affected by a chronic virus disease,
slight symptoms caused by the virus in question shall not be taken into
account.
4. The tolerances allowed under Items 1(c), 2(c) and 3 are applicable only
where the virus diseases are caused by viruses that are prevalent in Europe.
5. The production ground must not be infected by Heterodera rostochiensis
Woll.
6. The crop must be free from:
(a)Synchytrium endobioticum (Schilb.) Perc.,
(b)Corynebacterium sepedonicum (Spieck. et Kotth.) Skapt. and Burkh.2002L0056 — EN — 10.07.2003 — 002.001 — 13
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ANNEX II
MINIMUMQUALITYCONDITIONSFORLOTSOFSEEDPOTATOES
A. Tolerances for the following impurities, blemishes and diseases allowed for
seed potatoes:
1. presence of earthand extraneous matter; 2 % by weigh t
2. dry and wet rot, except if caused by Synchytrium
endobioticum, Corynebacterium sepedonicum or
Pseudomonas solanacearum ;1 % by weight
3. external blemishes e.g. misshapen or damaged
tubers;3 % by weight
4. common scab: tubers affected over more than one-
third of their surface.5 % by weight
Total tolerance for items 2 to 4. 6 % by weight
B. The seed potatoes shall be free from Heterodera rostochiensis, Synchytrium
endobioticum, Corynebacterium sepedonicum andPseudomonas solana-
cearum.2002L0056 — EN — 10.07.2003 — 002.001 — 14
▼B
ANNEX III
LABEL
A.Required information
1. ‘EC rules and standards’
2. Certification authority and Member State or their initials
3. Producer's identification number or reference number of lot4. Monthand year of sealing5. Variety, indicated at least in roman characters
6. Country of production
7. Category and, if desirable, grade8. Size
9. Declared net weight
B.Minimum dimensions
110 mm × 67 mm2002L0056 — EN — 10.07.2003 — 002.001 — 15
▼B
ANNEX IV
PART A
REPEALEDDIRECTIVEANDITSSUCCESSIVEAMENDMENTS
(referred to by Article 29)
Directive 66/403/EEC (OJ 125, 11.7.1966, p. 2320/66)
Council Directive 69/62/EEC (OJ L 48, 26.2.1969, p. 7)
Council Directive 71/162/EEC (OJ L 87, 17.4.1971, p. 24) only Article 4
Council Directive 72/274/EEC (OJ L 171, 29.7.1972, p. 37) only concerning refer-
ences made to the
provisions of Directive
66/403/EEC in Articles
1 and 2
Council Directive 72/418/EEC (OJ L 287, 26.12.1972, p. 22) only Article 4
Council Directive 73/438/EEC (OJ L 356, 27.12.1973, p. 79) only Article 4
Council Directive 75/444/EEC (OJ L 196, 26.7.1975, p. 6) only Article 4
Council Directive 76/307/EEC (OJ L 72, 18.3.1976, p. 16) only Article 1Council Directive 77/648/EEC (OJ L 261, 14.10.1977, p. 21)
Council Directive 78/692/EEC (OJ L 236, 26.8.1978, p. 13) only Article 4
Council Directive 78/816/EEC (OJ L 281, 6.10.1978, p. 18)
Council Directive 79/967/EEC (OJ L 293, 20.11.1979, p. 16) only Article 1
Council Directive 80/52/EEC (OJ L 18, 24.1.1980, p. 29)
Council Directive 81/561/EEC (OJ L 203, 23.7.1981, p. 52) only Article 2
Council Directive 84/218/EEC (OJ L 104, 17.4.1985, p. 19)
Council Directive 86/215/EEC (OJ L 152, 6.6.1986, p. 46)
Council Directive 87/374/EEC (OJ L 197, 18.7.1987, p. 36)
Council Directive 88/332/EEC (OJ L 151, 17.6.1988, p. 82) only Article 4
Council Directive 88/359/EEC (OJ L 174, 6.7.1988, p. 51)
Council Directive 88/380/EEC (OJ L 187, 16.7.1988, p. 31) only Article 4
Council Directive 89/366/EEC (OJ L 159, 10.6.1989, p. 59)
Council Directive 90/404/EEC (OJ L 208, 7.8.1990, p. 30)
Council Directive 90/654/EEC (OJ L 353, 17.12.1990, p. 48) only concerning refer-
ences made to the
provisions of Directive
66/403/EEC in Article
2 and Annex II(I)(4)
Commission Directive 91/127/EEC (OJ L 60, 7.3.1991, p. 18)
Commission Directive 92/17/EEC (OJ L 82, 27.3.1992, p. 69)
Commission Directive 93/3/EEC (OJ L 54, 5.3.1993, p. 21)
Commission Directive 93/108/EEC (OJ L 319, 21.12.1993, p. 39)
Commission Decision 96/16/EC (OJ L 6, 9.1.1996, p. 19)
Council Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) only Article 1(4)Commission Decision 97/90/EC (OJ L 27, 30.1.1997, p. 49)
Commission Decision 98/111/EC (OJ L 28, 4.2.1998, p. 42)
Council Directive 98/95/EC (OJ L 25, 1.2.1999, p. 1) only Article 4
Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27) only Article 4
Commission Decision 1999/49/EC (OJ L 16, 21.1.1999, p. 30)
Commission Decision 1999/742/EC (OJ L 297, 18.11.1999, p. 39)2002L0056 — EN — 10.07.2003 — 002.001 — 16
▼B
PART B
DEADLINEFORTRANSPOSITIONINTONATIONALLAW
(referred to by Article 29)
Directive Deadlines for transposition
66/403/EEC 1 July 1968 (Article 13(1))
1 July 1969 (other provisions)(1)(2)(3)
69/62/EEC 1 July 1969(1)
71/162/EEC 1 July 1970 (Article 4(3))
1 July 1972 (Article 4(1))(1)
1 July 1971 (other provisions)
72/274/EEC 1 July 1972 (Article 1)
1 January 1973 (Article 2)
72/418/EEC 1 July 1973
73/438/EEC 1 July 1973 (Article 4(1))
1 January 1974 (Article 4(2))
75/444/EEC 1 July 1977
76/307/EEC 1 July 1975
77/648/EEC 1 January 1977
78/692/EEC 1 July 1977 (Article 4)
1 July 1979 (other provisions)
78/816/EEC 1 July 1978
79/967/EEC 1 January 1980
80/52/EEC 1 July 1979
81/561/EEC
84/218/EEC86/215/EEC
87/374/EEC
88/332/EEC
88/359/EEC
88/380/EEC 1 July 1990
89/366/EEC
90/404/EEC
90/654/EEC
91/127/EEC
92/17/EEC
93/3/EEC 28 February 1993
93/108/EC 1 December 1993
96/72/EC 1 July 1997(
4)
98/95/EC 1 February 2000 (Corrigendum OJ L 126,
20.5.1999, p. 23)
98/96/EC 1 February 2000
(1) For Denmark, Ireland and the united Kingdom, 1 July 1973 for Article 13(1), 1 July 1974 for the other provi-
sions concerning basic seed potatoes and 1 July 1976 for the other provisions.
(2) 1 January 1986 for Greece, 1 March1986 for Spain, and 1 January 1991 for Portugal.
(3) 1 January 1995 for Austria, Finland and Sweden.
However:
— Sweden shall be allowed to maintain a tolerance limit of 40 % by weight for tubers affected over more than
one tenth of their surface with common scab, relating to the marketing in its territory of seed potatoes until31 December 1996 at the latest. This tolerance limit shall apply solely to seed potatoes produced in areas of
Sweden in which particular problems with common scab have been experienced. Such seed potatoes shall
not be introduced into the territory of other Member States,
— Sweden shall adapt its legislation in this respect to comply with the relevant part of Annex II to the Direc-
tive by the date of expiry of the above period,
— Sweden shall apply from the date of acession those provisions of the Directive which ensure access for
material complying withth e Directive to marketing in its territory.2002L0056 — EN — 10.07.2003 — 002.001 — 17
▼B
(4) The remaining stocks of labels bearing the abbreviation ‘EEC’ may continue to be used until 31 December
2001.2002L0056 — EN — 10.07.2003 — 002.001 — 18
▼B
ANNEX V
CORRELATIONTABLE
Directive 66/403/EEC This Directive
Article 1 Article 1, first subparagraph
Article 17 Article 1, second subparagraph
Article 1(a) Article 2(a)
Article 2(1)(A)(a) Article 2(b)(i)Article 2(1)(A)(b) Article 2(b)(ii)
Article 2(1)(A)(c) Article 2(b)(iii)
Article 2(1)(A)(d) Article 2(b)(iv)
Article 2(1)(B)(a) Article 2(c)(i)
Article 2(1)(B)(b) Article 2(c)(ii)
Article 2(1)(B)(c) Article 2(c)(iii)
Article 2(1)(B)(d) Article 2(c)(iv)
Article 2(1)(C)(a) Article 2(d)(i)
Article 2(1)(C)(b) Article 2(d)(ii)
Article 2(1)(C)(c) Article 2(d)(iii)
Article 2(2) —
Article 3(1) Article 3(1)
Article 3(2)(A) Article 3(2)
Article 3(2)(B) —
Article 3(3) Article 3(3)
Article 3(4) Article 3(4)
Article 3(a) Article 4
Article 4 Article 5
Article 4(a) Article 6Article 5 Article 7
Article 5(a) Article 8
Article 6 Article 9
Article 7(1) Article 10(1)
Article 7(2) Article 10(2)
Article 7(3) Article 10(3)
Article 7(4) —
Article 8 Article 11
Article 9 Article 12
Article 10 Article 13
Article 11 Article 14
Article 11(a) Article 15
Article 12 Article 16
Article 13 Article 17
Article 13(a) Article 18
Article 13(b) Article 19
Article 14 Article 20
Article 15(1) Article 21(1)
Article 15(2) Article 21(2)
Article 15(2)(a) Article 21(3)
Article 15(3) Article 21(4)Article 16 Article 222002L0056 — EN — 10.07.2003 — 002.001 — 19
▼B
Directive 66/403/EEC This Directive
Article 18 Article 23
Article 19(a) Article 24
Article 19 Article 25
Article 20 Article 26
Article 20(a)(1) Article 27(1)
Article 20(a)(2)(i) Article 27(2)(a)
Article 20(a)(2)(ii) Article 27(2)(b)
Article 21 —
— Article 28(1)
— Article 29
— Article 30
— Article 31
ANNEX I ANNEX I
ANNEX II ANNEX II
ANNEX III, Part A(1) ANNEX III, Part A(1)
ANNEX III, Part A(2) ANNEX III, Part A(2)
ANNEX III, Part A(3) ANNEX III, Part A(3)
ANNEX III, Part A(3)(a) ANNEX III, Part A(4)ANNEX III, Part A(4) ANNEX III, Part A(5)
ANNEX III, Part A(5) ANNEX III, Part A(6)
ANNEX III, Part A(6) ANNEX III, Part A(7)
ANNEX III, Part A(7) ANNEX III, Part A(8)
ANNEX III, Part A(8) ANNEX III, Part A(9)
ANNEX III, Part B ANNEX III, Part B
— ANNEX IV
— ANNEX V
(1) 98/95/EC Article 9(2) and 98/96/EC Article 8(2).2002L0056 — EN — 10.07.2003 — 002.001 — 20