1995D0232 — EN — 01.07.2002 — 004.001 — 1
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►B COMMISSIONDECISION
of27June1995
on the organization of a temporary experiment under Council Directive 69/208/EEC in order to
establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape
andturniprape
(95/232/EC)
(OJ L 154, 5.7.1995, p. 22)
Amended by:
Official Journal
No page date
►M1Commission Decision 98/173/EC of 17 February 1998 L 63 30 4.3.1998
►M2Commission Decision 1999/84/EC of 19 January 1999 L 27 31 2.2.1999
►M3Commission Decision 2001/18/EC of 21 December 2000 L 4 36 9.1.2001
►M4Council Directive 2002/68/EC of 19 July 2002 L 195 32 24.7.2002
▼B
COMMISSIONDECISION
of27June1995
on the organization of a temporary experiment under Council
Directive69/208/EECinordertoestablishconditionstobesatisfiedby the seed of hybrids and varietal associations of swede rape and
turniprape
(95/232/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 69/208/EEC of 30 June 1969 on
the marketing of seed of oil and fibre plants (1), aslas t amended by
the Act of Accession of Austria, Finland and Sweden, and in particular
Article 12a thereof,
Whereas Directive 69/208/EEC did not establish specific conditions to
be satisfied by the seed of hybrids of swede rape and turnip rape;
whereas, furthermore, in the case of material not officially admitted tothe Common Catalogue of Varietiesof Agricultural Plant Species ,which material includes varietal associations, the said Directive neitherestablished specific conditions nor permitted the certification andmarketing of such material;
Whereason the bas isof preliminary evidence it hasbeen claimed that
specified conditions for seed of hybrids of swede rape and turnip rape
should be established;
Whereas, similarly, it has been claimed that the certification and
marketing of seed of varietal associations should now be permitted
and consequently specific conditions governing seed of such varietalassociations should also be established;
Whereasthos e claimscannot yet be confirmed at Community level on
the basis of the information available;
Whereasit istherefore us eful to organize a temporary experiment
under specified conditions with the aim of establishing the conditionsto be satisfied by the seed of hybrids and varietal associations of swederape and turnip rape;
Whereas the conditions of that experiment should be specified in such
a manner asto enable the maximum information to be collected atCommunity level with a view to drawing proper conclusions forpossible future adaptations of Community provisions;
Whereas, for the purpose of the experiment, Member States should be
released from certain obligations laid down in Directive 69/208/EEC;
Whereas the measures contained in this Decision are in accordance
with the opinion of the Standing Committee on Seedsand Propagating
Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
1. A temporary experiment shall be organized at Community level
under the conditions specified in the Annex, in order to establish theconditions to be satisfied by the seed of hybrids and varietal associa-tionsof s wede rape ( Brassica napus L.) and turnip rape ( Brassica
rapaL.var. silvestris (Lam.) Briggs ) for certification and marketing
under Directive 69/208/EEC.
2. Any Member State may participate in the experiment.1995D0232 — EN — 01.07.2002 — 004.001 — 2
(1) OJ No L 169, 10. 7. 1969, p. 3.
▼B
Article 2
For the purpose of this Decision:
— a ‘varietal association’ shall mean an association of certified seed of
a specified male-sterile hybrid variety officially admitted underDirective 70/457/EEC (
1), with certified seed of one or more speci-
fied pollinator varieties, similarly admitted, and mechanicallycombined in proportions jointly determined by the persons respon-sible for the maintenance of the ‘pollinator-dependent hybrid’ and
of the ‘pollinator(s)’, such comination having been notified to the
Certification Authority,
— ‘pollinator-dependent hybrid’ shall mean the male-sterile compo-
nent within the ‘varietal association’,
— ‘pollinator(s)’ shall mean the component shedding pollen within the
‘varietal association’.
Article 3
Seed of hybrids and varietal associations of swede rape and turnip rape
may be marketed within the Community provided that the conditionsand requirements in the Annex are satisfied.
Article 4
1. Member Statesparticipating in the experiment are hereby releas ed
from the provisions in Directive 69/208/EEC relating to previous crop-ping, to varietal identity, varietal purity, isolation of the crop, numberof field inspections, and labelling, without prejudice to Article 3 of this
Decision.
2. In the case of seed of varietal associations of swede rape and
turnip rape, Member Statesparticipating in the experiment are als oreleased from the provisions of Article 2 (1) (c) of Directive 69/208/EEC in so far as they require that seed shall belong to a varietyincluded in the common catalogue of varietiesor national catalogueof varieties, and from the provisions of Article 8 of Directive 69/208/
EEC, in so far as they relate to the homogeneity of the lots.
Article 5
1. Member States shall inform the Commission whether they have
decided to participate in the experiment.
2. Member States shall forward to the Commission and to the other
Member Statesbefore the end of each year progres sreportson theresults of the experiment.
3. The experiment shall end on ►
M330 June 2002 ◄.
4. The Annex may be reviewed during the course of the experiment,
account being taken of the information collected, in accordance withthe procedure laid down in Article 20 of Directive 69/208/EEC.
5. Member Statesmay decide to ceas e participating in the experi-
ment before ►
M430 June 2003 ◄if they consider that the pursuit
of the experiment might have an adverse effect on the quality of theseed. They shall immediately inform the other Member States and theCommission thereof.
Article 6
This Decision is addressed to the Member States.1995D0232 — EN — 01.07.2002 — 004.001 — 3
(1) OJ No L 225, 12. 10. 1970, p. 1.
▼B
ANNEX
CONDITIONSANDREQUIREMENTS
1.Conditionstobesatisfiedbythecrop:
(a) the crop shall be raised in a production ground where five years have
elapsed since plants of cruciferae were last grown;
(b) where a male-sterile component is used for seed production; male steri-
lity shall be at least 98 %. The level of male sterility shall be assessed byexamining flowers for the absence of fertile anthers;
(c) the distance from neighbouring sources of pollen which may result in
undesirable foreign pollination shall be at least 500 m for the production
of basic seed and at leasts 300 m for the production of certified seed.
These distances can be disregarded if there is sufficient protection from
any undesirable foreign pollination;
(d) the number of field inspections shall be at least three. The first inspection
should be made before the flowering stage, the second inspection at the
early flowering stage and the third inspection at the end of the flowering
stage.
2.Conditionstobesatisfiedbytheseed:
(a) the seed shall have sufficient identity and purity as regards the varietal
characteristics of its components, including restoration of male sterility
or, asthe cas e may be, fertility;
(b) the minimum varietal purity shall confirm to the following standards:
(%)
Type of seedMinimum
varietal purity
(aa)Hybrids produced self-incompatibility
Basic seed, inbred line 98,0
Basic seed, simple hybrid 95,0
Certified seed 90,0
(bb)Hybrids produced using male sterility
Basic seed, female component 99,0
Basic seed, male component 99,9
Certified seed 90,0
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance with point 1.
3. Seed shall not be certified as certified seed unless due account has been
taken of the results of official post-control plot tests on samples of basic
seed taken officially and carried out during the growing season of the seed
entered for certification as certified seed to ascertain whether the basic seed
has met the requirements for basic seed laid down in this Decision in respect
of identity and purity as regards the characteristics of the components,
including male sterility.
In the case of basic seed of hybrids, the varietal purity may be assessed, not
by post-control plot tests but by appropriate biochemical methods. The condi-
tions under which such tests are carried out may be established in accordance
with the procedure laid down in Article 20 of Directive 69/208/EEC.
4. In the case of certified seed of a varietal association, the seed of the ‘polli-
nator-dependent hybrid’ and of the ‘pollinator(s)’ shall be mechanically
combined in proportions jointly determined by the persons responsible for
the maintenance of those components. The seed of the female and male
components shall be dressed using different coloured seed dressings.
5. The standards in respect of the minimum varietal purity laid down in the
table under point 2 in respect of certified seed of hybrids shall be monitored
by official post-control tests on samples taken officially.
In the case of certified seed of hybrids, the varietal purity may be assessed,
not by post-control plo tests but by appropriate biochemical methods. The1995D0232 — EN — 01.07.2002 — 004.001 — 4
▼B
conditions under which such tests are carried out may be established in
accordance with the procedure laid down in Article 20 of Directive 69/208/
EEC.
6. The requirements for the label shall be as follows:
(a) in the case of basic and certified seed of hybrids, the labelling provisions
set out in Annex IV to Directive 69/208/EEC shall apply;
(b) in the case of basic seed of hybrids or inbred lines
— where the hybrid or the inbred line to which the basic seed belongs
hasbeen officially accepted under Directive 70/457/EEC, the name
of thiscomponent, under which it hasbeen officially accepted, with
or without reference to the final variety, accompanied, in the case of
hybridsor inbred linesascomponent for final variety, by the word
‘component’,
— in other cases, the name of the component to which the basic seed
belongs, which may be given in code form, accompanied by a refer-
ence to the final variety, with or without reference to itsfunctions
(male or female), and accompanied by the word ‘component’;
c) in the case of certified seed to be combined in accordance with point 4,
the labelling provisions set out in Annex IV to Directive 69/208/EEC
shall apply to the certified seed of each component. Moreover, its func-
tion (female or male), accompanied by the word ‘component’ and the
name of the final variety associations shall be given;
(d) in the case of certified seed of a varietal association, the labelling provi-
sions set out in Annex IV of Directive 69/208/EEC shall apply, except
that instead of the name of the variety, the name of the varietal associa-
tion shall be given (information ‘varietal association’ and its name) and
the percentagesby number of the variouscomponentss hown by variety
shall be given; it shall be sufficient to give the name of the varietal asso-
ciation if the percentage by number hasbeen notified in writing to the
purchaser, on request, and officially recorded.
The label shall be blue with a diagonal green line;
(e) The label shall bear the number of this Decision after the words ‘EC
rules and standards’;
(f) where a Member State participates in the experiment, samples supplied
by that Member State for Community comparative trialss hall derive
from s eed lotsofficially certified following thisexperiment.1995D0232 — EN — 01.07.2002 — 004.001 — 5