2002L0054 — EN — 10.07.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE2002/54/EC
of13June2002
onthemarketingofbeetseed
(OJ L 193, 20.7.2002, p. 12)
Amended by:
Official Journal
No page date
►M1Council Directive 2003/61/EC of 18 June 2003 L 165 23 3.7.2003
▼B
COUNCILDIRECTIVE2002/54/EC
of13June2002
onthemarketingofbeetseed
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 66/400/EEC of 14 June 1966 on the marketing
of beet seed(2) has been frequently and substantially
amended (3). For reasons of clarity and rationality the said Direc-
tive should be codified.
(2)The production of sugar beet and fodder beet (hereinafter called‘beet’) occupies an important place in the agriculture of the
Community.
(3)Satisfactory results in beet cultivation depend to a large extenton the use of appropriate seed.
(4)Greater productivity will be achieved in Community beet culti-vation if for the choice of varieties permitted to be marketedthe Member States apply uniform rules which are as strict aspossible. A common catalogue of varieties of agricultural plant
species is therefore provided 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 those of the Organisation forEconomic Cooperation and Development. In the context of theconsolidation of the internal market, the Community scheme
should offer no possibilities for Member States to derogate
unilaterally from the scheme in a way that would hinder thefree movement of seeds within the Community.
(6)As a general rule, beet seed should be allowed to be marketedonly if it has been officially examined and certified, in accor-dance withth e rules for certification, as basic seed or certifiedseed. The choice of the technical terms ‘basic seed’ and ‘certi-fied seed’ is based on already existing international
terminology. It should be possible under specified conditions to
place on the market bred seed of generations prior to basic seedand seed as grown.
(7)Community rules should not apply to seed shown to be intendedfor export to third countries.
(8)In order to improve the quality of Community beet seed, certainrequirements must be laid down as to, amongst others, poly-ploidy, monogermity, segmentation, analytical purity,
germination and moisture content.
(9)In order to ensure identity of the seed, Community rules onpackaging, sampling, sealing and marking must be established.
To this end the labels should give the particulars needed bothfor official verification and for the information of the farmer2002L0054 — EN — 10.07.2003 — 001.001 — 2
(1) Opinion delivered on 9 April 2002 (not yet published in the Official
Journal).
(2) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Directive 98/
96/EC (OJ L 25, 1.2.1999, p. 27).
(3) See Annex V, part A.
(4) See page 1 of this Official Journal.
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and should clearly show the Community nature of the certifica-
tion.
(10)Rules for the marketing of chemically treated seed, seedssuitable for organic growing as well as the conservation by use,in situ, of varieties threatened with genetic erosion should be
introduced.
(11)Derogations should be permitted under certain conditions,without prejudice to the provisions of Article 14 of the Treaty.Member States making use of derogations should assist eachother administratively as regards inspection.
(12)In order to ensure that both the requirements as to the quality ofseed and the provisions for ensuring its identity are compliedwithduring marketing, Member States sh ould make provisionfor appropriate control arrangements.
(13)Seed 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.
(14)Subject to certain conditions, seed multiplied in another countryfrom basic seed certified in a Member State should be certified
as seed multiplied in that Member State.
(15)Provision should be made for authorising the marketing within
the Community of beet seed harvested in third countries only ifsuchseed affords th e same assurances as seed officially certified
within the Community and complying with Community rules.
(16)During periods in which there are difficulties in obtaining
supplies of certified seed of the various categories, seeds of acategory subject to less stringent requirements, as well as seedsof varieties not included in the Common Catalogue of Varieties
or in the national Catalogue of Varieties, should temporarily be
permitted to be marketed.
(17)In order to harmonise the technical methods of certification usedin the Member States and to enable comparisons to be made
between seed certified within the Community and that coming
from third countries, Community comparative tests should beestablished in Member States to permit annual post-control ofseed of the category ‘certified seed’.
(18)It is desirable to organise temporary experiments for the purpose
of seeking improved alternatives to certain elements of the certi-
fication schemes adopted under this Directive.
(19)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 the
exercise of implementing powers conferred on the Commis-sion(
1).
(20)This Directive should not affect the obligations of the MemberStates concerning the deadlines for transposition of the Direc-
tives set out in Annex V, 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 beet seed within the Community.
It shall not apply to beet seed shown to be intended for export to third
countries.2002L0054 — EN — 10.07.2003 — 001.001 — 3
(1) OJ L 184, 17.7.1999, p. 23.
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Article 2
1. For the purpose of this Directive:(a) ‘marketing’: shall mean the sale, holding with a view to sale, offer
for sale and any disposal, supply or transfer aimed at commercialexploitation of seed to third parties, whether or not for considera-tion.
Trade in seed not aimed at commercial exploitation of the variety,
such as the following operations, shall not be regarded asmarketing:
— the supply of seed to official testing and inspection bodies,
— the supply of seed to providers of services for processing or
packaging, provided the provider of services does not acquiretitle to seed thus supplied.
The supply of seed under certain conditions to providers of
services for the production of certain agricultural raw materials,
intended for industrial purposes, or seed propagation for that
purpose, shall no be regarded as marketing, provided the providerof services does not acquire title to either the seed thus suppliedor the product of the harvest. The supplier of seed shall providethe certification authority with a copy of the relevant parts of the
contract made with the provider of services and this shall include
the standards and conditions currently met by the seed provided.
The conditions for the application of this provision shall be deter-
mined in accordance withth e procedure referred to in Article28(2).
(b) ‘beet’: means sugar and fodder beet of the species Beta vulgaris
L.;
(c) ‘basic seed’: means seed
(i) which has been produced under the responsibility of the
breeder according to well-defined practices for the mainte-nance of the variety;
(ii) which is intended for the production of seed of the category
‘certified seed’;
(iii) which, subject to the provisions of Article 5, satisfies the
conditions laid down in Annex I for basic seed; and
(iv) which has been found by official examination to satisfy the
abovementioned conditions;
(d) ‘certified seed’: means seed
(i) which is of direct descent from basic seed;
(ii) which is intended for the production of beet;
(iii) which, subject to the provisions of point (b) of Article 5,
satisfies the conditions laid down in Annex I for certified
seed; and
(iv) — which has been found by official examination to satisfy
the abovementioned conditions, or
— in the case of the conditions laid down in Annex I(A), has
been found to satisfy those conditions either by officialexamination or by examination carried out under official
supervision.
(e) ‘monogerm seed’: means genetically monogerm seed;(f) ‘precision seed’: means seed designed for use in precision drills
which, as required under Annex I, part B(3)(b)(bb) and (cc), givessingle seedlings;
(g) ‘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 under State
control, by any natural person duly sworn for that purpose;2002L0054 — EN — 10.07.2003 — 001.001 — 4
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provided that the persons mentioned under (ii) and (iii) derive no
private gain from suchmeasures.
(h) ‘small EC packages’: means packages containing the following
certified seeds:
(i) monogerm or precision seed: not exceeding 100000 clusters
or grains or a net weight of 2,5 kg excluding, where appro-priate, granulated pesticides, pelleting substances or other
solid additives;
(ii) seed other than monogerm or precision seed: not exceeding a
net weight of 10 kg, excluding, where appropriate, granulated
pesticides, pelleting substances or other solid additives.
2. The different types of varieties, including the components,
eligible for certification under the provisions of this Directive, may be
specified and defined in accordance withth e procedure laid down inArticle 28(2).
3. When the examination under official supervision referred to in the
second indent of paragraph1(d)(iv) above is carried out, th e followingrequirements shall be complied with:
(a) the inspectors, shall:
(i) have the necessary technical qualifications;
(ii) derive no private gain in connection withth e carrying out of
the inspections;
(iii) have been officially licensed by the seed certification authority
of the Member State concerned and this licensing shall includeeither the swearing-in of inspectors or the signature by inspec-tors of a written statement of commitment to the rules
governing official examinations;
(iv) carry out inspections under official supervision in accordance
withth e rules applicable to official inspections;
(b) the seed crop to be inspected shall be grown from seed which has
undergone official post-control, the results of which have beensatisfactory;
(c) a proportion of the seed crops shall be checked by official inspec-
tors. That proportion shall be 10 % for self-pollinated crops and
20 % for cross-pollinated crops or, for those species for which
Member States provided for official laboratory seed-testing usingmorphological, physiological or, where appropriate, biochemicalprocedures to identify the variety and establish purity, 5 % and15 % respectively;
(d) a proportion of samples from the seed lots harvested from the seed
crops shall be drawn for official postcontrol and, where appro-priate, for official laboratory seed testing in respect of varietalidentity and purity.
The Member States shall determine the penalties applicable to infringe-
ments of the rules in the first subparagraph, governing examinationunder official supervision. The penalties they provide for must be
effective, proportionate and dissuasive. Penalties may include the with-
drawal of the recognition referred to in to first subparagraph, point(a)(iii), from officially licensed inspectors who are found guilty ofdeliberately or negligently contravening the rules governing officialexaminations. Any certification of the seed examined shall be annulledin the event of such contravention unless it can be shown that such
seed still meets all relevant requirements.
4. Further measures applicable to the carrying out of examinations
under official supervision may be adopted in accordance withth eprocedure referred to in Article 28(2).
Until suchmeasures are adopted, th e conditions set out in Article 2 of
Commission Decision 89/540/EEC (
1) shall be adhered to.2002L0054 — EN — 10.07.2003 — 001.001 — 5
(1) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Decision 96/336/
EC (OJ L 128, 29.5.1996, p. 23).
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Article 3
1. Member States shall provide that beet seed may not be placed on
the market unless it has been officially certified as ‘basic seed’ or‘certified seed’.
2. Member States shall ensure that the official examinations of seed
are carried out in accordance withcurrent international meth ods, in so
far as suchmeth ods exist.
Article 4
Notwithstanding Article 3(1), Member States shall provide that
— bred seed of generations prior to basic seed, and
— seed as grown, marketed for processing, provided that the identity
of the seed is ensured, may be placed on the market.
Article 5
Member States may, by way of derogation from the provisions of
Article 3,
(a) authorise the official certification and marketing of basic seed
which does not satisfy the conditions laid down in Annex I inrespect of germination; to this end all necessary measures shall betaken to ensure that the supplier guarantees a specific germinationwhich he shall state for marketing purposes on a special labelbearing his name and address and the reference number of the
seed lot;
(b) in order to make seed rapidly available, notwithstanding the fact
that the official examination to check compliance with the condi-tions laid down in Annex I in respect of germination has not beenconcluded, authorise the official certification and the marketing as
far as the first buyer by way of trade of seed of the categories
‘basic seed’ or ‘certified seed’. Certification shall be granted onlyon presentation of a provisional analytical report on the seed andprovided that the name and address of the first recipient are indi-cated; all necessary measures shall be taken to ensure that thesupplier guarantees the germination ascertained at the provisional
analysis; this germination shall be stated for marketing purposes
on a special label bearing the name and address of the supplierand the reference number of the lot.
These provisions shall not apply to seed imported from third countries,
save as otherwise provided in Article 22 in respect of multiplicationoutside the Community.
Member States making use of the derogation provided for in either
subparagraph (a) or (b) shall assist each other administratively asregards control.
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 for scientific purposes or selection work;
(b) appropriate quantities of seed for other test or trial purposes,
provided it belongs to varieties for which an application for entry
in the catalogue has been submitted in the Member State in ques-
tion.
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 provisionsof 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 may2002L0054 — EN — 10.07.2003 — 001.001 — 6
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grant such authorisation shall be determined in accordance with the
procedure referred to in Article 28(2).
3. Authorisations 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 may, as regards the conditions laid down in Annex I,
impose additional or more stringent requirements for the certification
of seed produced in their own territory.
Article 8
The Member States shall provide that the description of the genealo-
gical components which may be required is, if the breeder so requests,treated as confidential.
Article 9
1. Member States shall require that, for the checking of varieties and
for the examination of seed for certification, samples are drawn offi-cially in accordance withappropriate meth ods.
2. For the examination of seed for certification, samples shall be
drawn from homogeneous lots; the maximum weight of a lot and theminimum weight of a sample are given in Annex II.
Article 10
1. Member States require that basic seed and certified seed be
marketed only in sufficiently homogeneous lots and in sealed packages
bearing, as prescribed in Articles 11, 12 or 13, whichever is appro-
priate, a sealing system and markings.
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 11
1. Member States shall require that packages of basic seed and certi-
fied seed, except where seed of the latter category takes the form ofsmall EC packages, be sealed officially or under official supervisionin such a manner that they cannot be opened without damaging thesealing system or leaving evidence of tampering on either the officiallabel provided for in Article 12 or the package.
In order to ensure sealing, 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 shall not be
necessary where a non-reusable sealing system is used.
In accordance withth e procedure referred to in Article 28(2), it may be
established whether a particular sealing system fulfils the provisions of
this paragraph.
2. Member States shall require that, except in the case of small EC
packages, packages shall not be resealed on one or more occasions
unless this is done officially or under official supervision. If packages
are resealed, the fact of resealing, the date of resealing and theauthority responsible therefore shall be stated on the label requiredunder Article 12.
3. Member States shall require that small EC packages be sealed in
such a manner that they cannot be opened without damaging thesealing system or leaving evidence of tampering on the label orpackage. In accordance withth e procedure referred to in Article28(2), it may be established whether a particular sealing system2002L0054 — EN — 10.07.2003 — 001.001 — 7
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complies with the provisions of this paragraph. Packages shall not be
resealed on one or more occasions except under official supervision.
Article 12
Member States shall require that packages of basic seed and certified
seed, except where seed of the latter category takes the form of smallEC packages:
(a) be labelled on the outside with an official label which has not
previously been used, which satisfies the conditions laid down in
Annex III, part A, and on which the information is given in one
of the official languages of the Community. The colour of the labelshall be white for basic seed and blue for certified seed. When alabel with a string-hole is used, its attachment shall be ensured inall cases withan official seal. If, in cases under point (a) of Article5, the basic seed does not satisfy the conditions laid down in
Annex I in respect of germination, this fact shall be stated on the
label. The use of official adhesive labels shall be authorised. Inaccordance with the procedure referred to in Article 28(2) theindelible printing under official supervision of the prescribed infor-mation on the package according to the label's model may beauthorised;
(b) contain an official document, in the same colour as the label,
giving at least the information required under Annex III, partA(I)(3), (5), (6), (11) and (12). This document shall be drawn upin such a manner that it cannot be confused with the official labelreferred to under (a). This document is not necessary if the infor-
mation is printed indelibly on the package or if, in accordance
with the provisions under (a), an adhesive label or a label of non-tear material is used.
Article 13
1. Member States shall require that small EC packages:
(a) bear on the outside, in accordance with Annex III, part B, a
supplier's label, a printed notice or stamp in one of the official
languages of the Community; in the case of transparent packagesthis label may be placed inside, provided it can be read throughthe package; the label shall be white in colour for basic seed andblue in colour for certified seed.
(b) bear on the outside or on the supplier's label provided for in point
(a) an officially assigned serial number; should an official adhesivelabel be used, the label shall be white in colour for basic seed andblue in colour for certified seed; the methods of attaching the saidserial number may be fixed in accordance withth e procedure
referred to in Article 28(2).
2. Member States may require that an official adhesive label
containing all or part of the information laid down in Annex III, part
B, be used for marking small EC packages packed in their territory;insofar as the information is given on such label, the marking providedfor in point (a) of paragraph1 sh all not be required.
Article 14
Member States may provide that, on request, small EC packages of
certified seed are sealed and marked officially or under official super-vision pursuant to Article 11(1) and Article 12.
Article 15
Member States shall take all measures necessary to ensure that, in the
case of small packages of seed, the identity of the seed can be checkedin particular at the time when seed lots are divided up. To this end,they may require that small packages divided up in their territory besealed officially or under official supervision.2002L0054 — EN — 10.07.2003 — 001.001 — 8
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Article 16
1. In accordance withth e procedure referred to in Article 28(2), it
may be provided that, in cases other than those already provided for
in this Directive, packages of basic or certified seed of any kind shallbear a supplier's label (which may either be a label separate from theofficial label or take the form of suppliers' information printed on thepackage itself). The particulars to be provided on any such label shallalso be established in accordance with the procedure referred to in
Article 28(2).
2. The label referred to in paragraph 1 shall be drawn up in such a
manner that it cannot be confused with the official label referred to inArticle 12.
Article 17
In the case of seed 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, shallclearly indicate that the variety has been genetically modified.
Article 18
Member States shall require that any chemical treatment of basic seed
or certified seed be noted either on the official label or on the supplier'slabel and on the package or inside it.
Article 19
For the purpose of seeking improved alternatives to certain provisions
set out in this Directive, it may be decided to organise temporaryexperiments under specified conditions at Community level in accor-dance withth e provisions referred to in Article 28(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 itapplies. The duration of an experiment shall not exceed seven years.
Article 20
Member States shall ensure that seed which is placed on the market
under the provisions of this Directive, whether mandatory or discre-
tionary, is not subject to any marketing restrictions as regards its
characteristics, examination requirements, marking and sealing otherthan those laid down in this or any other Directive.
Article 21
The conditions under which bred seed of generations prior to basic
seed may be placed on the market under the first indent of Article 4
shall be as follows:
(a) it must have been officially inspected by the competent certifica-
tion authority in accordance with the provisions applicable to thecertification of basic seed;
(b) it must be packed in accordance withth is Directive, and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distinguishing
abbreviation,
— lot reference number,— monthand year of sealing, or— month and year of the last official sampling for the purposes of
certification,
— species, indicated at least in roman characters, under its bota-
nical name, which may be given in abridged form and without2002L0054 — EN — 10.07.2003 — 001.001 — 9
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the authors' names, or under its common name, or both; indica-
tion whether sugar beet or fodder beet,
— variety, indicated at least in roman characters,— the description ‘pre-basic seed’,
— number of generations preceding seed of the category ‘certified
seed’.
The label shall be white with a diagonal violet line.
Article 22
1. Member States shall provide that beet seed
— which has been produced directly from basic seed officially certi-
fied in one or more Member States or in a third country which hasbeen granted equivalence under Article 23(1)(b), and
— which has been harvested in another Member State,
shall, on request and without prejudice to the provisions of Directive
2002/53/EC, be officially certified as certified seed in any MemberState if that seed has undergone field inspection satisfying the condi-tions laid down in Annex I, part A, for the relevant category and ifofficial examination has shown that the conditions laid down in Annex
I, part B, for the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, Member States
may also authorise official certification as basic seed, of the conditionslaid down for that category are satisfied.
2. Beet seed which has been harvested in the Community and which
is intended for certification in accordance withparagraph1 sh all:
— be packed and labelled withan official label satisfying th e condi-
tions laid down in Annex IV(A) and (B), in accordance with
Article 11(1), and
— be accompanied by an official document satisfying the conditions
laid down in Annex IV(C).
The provisions in the first subparagraph on packing and labelling may
be waived if the authorities responsible for field inspection, thosedrawing up the documents for the certification of seeds which have
not been definitively certified and those responsible for certification
are the same, or if they agree on exemption.
3. Member States shall also provide that beet seed
— which has been produced directly from basic seed officially certi-
fied in one or more Member States or in a third country which hasbeen granted equivalence under Article 23(1)(b), and
— which has been harvested in a third country,
shall, on request, be officially certified as certified seed in any of those
Member States where the basic seed was either produced or officiallycertified, if the seed has undergone field inspection satisfying theconditions laid down in an equivalence decision made under Article23(1)(a) for the relevant category, and if official examination has
shown that the conditions laid down in Annex I, part B for the same
category are satisfied. Other Member States may also authorise officialcertification of suchseed.
Article 23
1. The Council, acting by a qualified majority on a proposal from
the Commission, shall determine whether:
(a) in the case provided for in Article 22, the field inspections in the
third country satisfy the conditions laid down in Annex I, part A;
(b) beet seed harvested in a third country and affording the same assur-
ances as regards its characteristics and the arrangements for itsexamination, for ensuring its identity, for marking and for controlis equivalent in these respects to basic seed or certified seed2002L0054 — EN — 10.07.2003 — 001.001 — 10
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harvested within the Community and complying with the provi-
sions of this Directive.
2. Paragraph1 sh all also apply in respect of any new Member State
from the date of its accession to the date on which it is to bring intoforce the laws, regulations or administrative provisions necessary tocomply withth is Directive.
Article 24
1. In order to remove any temporary difficulties in the general
supply of basic or certified seed that occur in the Community and
cannot be otherwise overcome, it may be decided in accordance withthe procedure referred to in Article 28(2) that Member States shallpermit, for a specified period, the marketing throughout the Commu-nity in quantities necessary to resolve the supply difficulties of seedof a category subject to less stringent requirements, or of seed of a
variety not included in the ‘Common Catalogue of Varieties of Agri-
cultural Plant Species’ or in the national catalogues of varieties of theMember States.
2. For a category of seed of any given variety, the official label shall
be that provided for the corresponding category; for seed of varieties
not included in the abovementioned catalogues the colour of the offi-
cial label shall be brown. The label shall always state that the seed inquestion is of a category satisfying less stringent requirements.
3. Rules for the application of paragraph 1 may be adopted in accor-
dance withth e procedure referred to in Article 28(2).
Article 25
1. Member States shall ensure that official inspections are carried
out in relation to the marketing of beet seed, at least by random checks,to verify compliance with the requirements and conditions of thisDirective.
2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures to ensure
that they are supplied with the following particulars during the
marketing of quantities exceeding two kilograms of seed importedfrom third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance withth e procedure referred to in Article28(2).
Article 26
1. Community comparative tests and trials shall be carried out
within the Community for the post-control of samples of beet seedplaced on the market under the provisions of this Directive, whether
mandatory or discretionary, and taken during sampling. The compara-
tive tests and trials may include the following:
— seed harvested in third countries,
— seed suitable for organic farming,— seed marketed in relation to the conservation insituand the sustain-
able use of plant genetic resources.2002L0054 — EN — 10.07.2003 — 001.001 — 11
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2. These comparative tests and trials shall be used to harmonise the
technical methods of certification and to check satisfaction of theconditions with which the seed must comply.
3. The Commission, acting in accordance with the procedure
referred to in Article 28(2), shall make the necessary arrangements forthe comparative tests and trials to be carried out. The Commission shallinform the Committee referred to in Article 28(1) about the technicalarrangements for holding the tests and trials and the results thereof.
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 28(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.
Article 27
Amendments to be made to the content of the annexes in the light of
the development of scientific or technical knowledge shall be adoptedaccording to the procedure referred to in Article 28(2).
Article 28
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 29
This Directive shall be without prejudice to the provisions of national
laws justified on grounds of the protection of health and life of
humans, animals or plants or the protection of industrial and commer-cial property.
Article 30
1. Specific conditions may be established in accordance with the
procedure referred to in Article 28(2) to take account of developments
in 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, including seed mixtures of species which also includespecies listed in Article 1 of Directive 2002/53/EC, and are asso-ciated withspecific natural and semi-natural h abitats and are
threatened by genetic erosion;
(c) conditions under which seed suitable for organic production may be
marketed.2002L0054 — EN — 10.07.2003 — 001.001 — 12
(1) OJ 125, 11.7.1966, p. 2289/66.▼B
▼B
2. The specific conditions referred to in paragraph 1, point (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.
Article 31
Member States shall submit to the Commission the text of the main
provisions of domestic law they adopt in the field covered by thisDirective.
The Commission shall inform the other Member States thereof.
Article 32
No later than 1 February 2004, the Commission shall submit a detailed
evaluation of the simplification of the certification procedures intro-
duced by Article 1 of Directive 98/96/EC. This evaluation shall focus
in particular on the possible effects on the quantity of the seed.
Article 33
1. Directive 66/400/EEC as amended by Directives listed in Annex
V, part A, is hereby repealed without prejudice to the obligations of theMember States concerning the deadlines for transposition, of the saidDirectives set out in Annex V, part B.
2. References to the Directive shall be construed as references to
this Directive and shall be read in accordance with the correlation table
in Annex VI.
Article 34
This Directive shall enter into force on the twentieth day following that
of its publication in the OfficialJournaloftheEuropeanCommunities .
Article 35
This Directive is addressed to the Member States.2002L0054 — EN — 10.07.2003 — 001.001 — 13
▼B
ANNEX I
CONDITIONSFORCERTIFICATION
A.Crop
1. The previous cropping of the field shall not have been incompatible with the
production of seeds of Betavulgaris of the variety of the crop, and the field
shall be sufficiently free from such plants which are volunteers from previous
cropping.
2. The crop shall have sufficient identity and purity of variety.3. The seed producer shall submit all the multiplications of a given variety of
seed for examination by the certification authority.
4. In the case of certified seed of all categories there shall be at least one field
inspection, either official or under official supervision, and in the case of
basic seed at least two official field inspections, one of stecklings and one
of the seed-producing plants.
5. The cultural condition of the field and the stage of development of the crops
shall be such as to permit identity and varietal purity to be adequately
checked.
6. The minimum distances from neighbouring pollen sources shall be:
CropMinimum
distance
1. For the production of basic seed:
— from any pollen sources of the genus Beta 1000 m
2. For the production of certified seed:
(a) of sugar beet:
— from any pollen sources of the genus Betanot
included below1000 m
— the intended pollinator or one of the intended
pollinators being diploid, from tetraploid sugar
beet pollen sources600 m
— the intended pollinator being exclusively tetra-
ploid, from diploid sugar beet pollen sources600 m
— from sugar beet pollen sources, the ploidy of
which is unknown600 m
— the intended pollinator or one of the intended
pollinators being diploid, from diploid sugar beet
pollen sources300 m
— the intended pollinator being exclusively tetra-
ploid, from tetraploid sugar beet pollen sources300 m
— between two sugar beet seed production fields
in which male sterility is not used300 m
(b) of fodder beet:
— from any pollen sources of the genus Betanot
included below1000 m
— the intended pollinator or one of the pollinators
being diploid, from tetraploid fodder beet pollen
sources600 m
— the intended pollinator being exclusively tetra-
ploid, from diploid fodder beet pollen sources600 m
— from fodder beet pollen sources, the ploidy of
which is unknown600 m
— the intended pollinator or one of the pollinators
being diploid, from diploid fodder beet pollen
sources300 m
— the intended pollinator being exclusively tetra-
ploid, from tetraploid fodder beet pollen sources300 m
— between two fodder beet seed production fields 300 m2002L0054 — EN — 10.07.2003 — 001.001 — 14
▼B
CropMinimum
distance
in which male sterility is not used
The above distances can be disregarded if there is sufficient protection from
any undesirable foreign pollinator. No isolation is necessary between seed
crops using the same pollinator.
The ploidy of both seed-bearing and pollen-shedding components of seed-
producing crops is to be established by reference to the common catalogue
of varieties of agricultural plant species compiled under Directive 2002/53/
EC, or the national catalogues of varieties established under that Directive.
If this information is not included for any variety, the ploidy is to be
regarded as unknown, and thus a minimum isolation distance of 600 metres
is required.
B.Seed
1. The seed shall have sufficient identity and purity of variety.
2. Diseases which reduce the usefulness of the seed shall be at the lowest
possible level.
3. The seed shall also satisfy the following conditions:
(a)
Minimum
analytical purity
(% by
weight) (1)Minimum
germination
(% of clusters
or pure seed)Maximum
moisture content
(% by
weight) (1)
(aa) sugar-beet
— monogerm seed 97 80 15
— precision seed 97 75 15
— multigerm seed of varieties withmore th an
85 % diploids97 73 15
— other seed 97 68 15
(bb) fodder-beet
— multigerm seed of varieties withmore th an
85 % diploids, monogerm seed, precision seed97 73 15
— other seeds 97 68 15
The percentage by weight of other seeds shall not exceed 0,3.
(1) Excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.
(b) special conditions for monogerm seed and for precision seed:
(aa) monogerm seed:
at least 90 % of the germinated clusters shall give single seedlings.
The percentage of clusters giving three or more seedlings shall not
exceed five, calculated on the germinated clusters;
(bb) precision seed of sugar beet:
At least 70 % of the germinated clusters shall give single seedlings.
The percentage of clusters giving three or more seedlings shall not
exceed 5 %, calculated on the germinated clusters;
(cc) precision seed of fodder-beet:
In the case of varieties with a percentage of diploids exceeding 85,
at least 58 % of the germinated clusters shall give single seedlings.
In the case of all other seeds, at least 63 % of the germinated clus-
ters shall give single seedlings. The percentage of clusters giving
three or more seedlings shall not exceed 5 %, calculated on the
germinated clusters;
(dd) in the case of seed of the category ‘basic seed’, the percentage by
weight of inert matter shall not exceed 1,0. In the case of seed of
the category ‘certified seed’, the percentage by weight of inert
matter shall not exceed 0,5. In the case of pelleted seed of both2002L0054 — EN — 10.07.2003 — 001.001 — 15
▼B
categories, the satisfaction of the relevant conditions shallbe exam-
ined on samples drawn, pursuant to Article 9(1), from processed
seed which has undergone partial decortication (rubbing or
grinding) but has not yet been pelleted, without prejudice to the
official examination of the minimum analytical purity of the
pelleted seed;
(c) other special conditions:
Member States shall ensure that beet seed may not be introduced into
areas recognised as ‘rhizomania-free zones’ under appropriate Commu-
nity procedures, unless the percentage by weight of inert matter does
not exceed 0,5.2002L0054 — EN — 10.07.2003 — 001.001 — 16
▼B
ANNEX II
Maximum weight of a seed lot: 20 metric tons
Minimum weight of a sample: 500 grammesThe maximum lot weight shall not be exceeded by more than 5 %.2002L0054 — EN — 10.07.2003 — 001.001 — 17
▼B
ANNEX III
MARKING
A.Official label
I.Informationrequired
1. ‘EC rules and standards’.2. Certification authority and Member State or their initials.3. Reference number of lot.4. Monthand year of sealing expressed th us: ‘sealed … (monthand year)’
or
month and year of the last official sampling for the purposes of certifi-
cation expressed thus: ‘sampled … (month and year)’.
5. Species, indicated at least in roman characters, under its botanical name,
which may be given in abridged form and without the authors' names, or
under its common name, or both; indication whether sugar beet or
fodder beet.
6. Variety indicated at least in roman characters.7. Category.8. Country of production.9. Declared net or gross weight or declared number of clusters or pure
seeds.
10. Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the additive
and also the approximate ratio between the weight of clusters or pure
seeds and the total weight.
11. For monogerm seed: the word ‘monogerm’.
12. For precision seed: the word ‘precision’.13. Where at least germination has been retested, the words ‘retested …
(monthand year)’ and th e service responsible for suchretesting may be
indicated. Suchinformation may be given on an official sticker attach ed
to the official label.
II.Minimumdimensions
110 × 67 mm.
B.Supplier'slabelorinformationonthepacking(smallECpackage)
Informationrequired
1. ‘Small EC package’.2. Name and address of the supplier responsible for marking or his identifica-
tion mark.
3. Officially assigned serial number.4. Service which assigned the serial number and name of Member State or
their initials.
5. Reference number if the official serial number does not enable the lot to be
identified.
6. Species, indicated at least in roman characters; indication whether sugar
beet or fodder beet.
7. Variety indicated at least in roman characters.8. ‘Category’.9. Net or gross weight or number of clusters or pure seeds.10. Where weight is indicated and granulated pesticides, pelleting substances or
other solid additives are used, the nature of the additive and also the2002L0054 — EN — 10.07.2003 — 001.001 — 18
▼B
approximate ratio between the weight of clusters or pure seeds and the total
weight.
11. For monogerm seed: the word ‘monogerm’.
12. For precision seed: the word ‘precision’.2002L0054 — EN — 10.07.2003 — 001.001 — 19
▼B
ANNEX IV
LABEL AND DOCUMENT PROVIDED IN THE CASE OF SEED NOT
FINALLYCERTIFIED,HARVESTEDINANOTHERMEMBERSTATE
A.Informationrequiredforthelabel
— authority responsible for field inspection and Member State or their
initials,
— species, indicated at least in roman characters, under its botanical name,
which may be given in abridged form and without the authors' names, or
under its common name, or both; indication whether sugar beet or fodder
beet,
— variety, indicated at least in roman characters,— category,
— field or lot reference number,
— declared net or gross weight,— the words ‘seed not finally certified’.
B.Colourofthelabel
The label shall be grey.
C.Informationrequiredforthedocument
— authority issuing the document,
— species, indicated at least in roman characters, under its botanical name,
which may be given in abridged form and without the authors' names, or
under its common name, or both; indication whether sugar beet or fodder
beet,
— variety, indicated at least in roman characters,
— category,
— reference number of the seed used to sow the field and name of the
country or countries which certified that seed,
— field or lot reference number,— area cultivated for the production of the lot covered by the document,
— quantity of seed harvested and number of packages,
— attestation that the conditions to be satisfied by the crop from which the
seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.2002L0054 — EN — 10.07.2003 — 001.001 — 20
▼B
ANNEX V
PART A
REPEALEDDIRECTIVEANDITSSUCCESSIVEAMENDMENTS
(referred to by Article 33)
Directive 66/400/EEC (OJ 125, 11.7.1966, p. 2290/66)
Council Directive 69/61/EEC (OJ L 48, 26.2.1969, p. 4)
Council Directive 71/162/EEC (OJ L 87, 17.4.1971, p. 24) only Article 1Council Directive 72/274/EEC (OJ L 171, 29.7.1972, p. 37) only concerning references
made to the provisions of
Directive 66/400/EEC in Arti-
cles 1 and 2
Council Directive 72/418/EEC (OJ L 287, 26.12.1972, p. 22) only Article 1Council Directive 73/438/EEC (OJ L 356, 27.12.1973, p. 79) only Article 1
Council Directive 75/444/EEC (OJ L 196, 26.7.1975, p. 6) only Article 1
Commission Directive 76/331/EEC (OJ L 83, 30.3.1976, p. 34)Council Directive 78/55/EEC (OJ L 16, 20.1.1978, p. 23) only Article 1
Council Directive 78/692/EEC (OJ L 236, 26.8.1978, p. 13) only Article 1
Commission Directive 87/120/EEC (OJ L 49, 18.2.1987, p. 39) only Article 1Commission Directive 88/95/EEC (OJ L 56, 2.3.1988, p. 42)
Council Directive 88/332/EEC (OJ L 151, 17.6.1988, p. 82) only Article 1
Council Directive 88/380/EEC (OJ L 187, 16.7.1988, p. 31) only Article 1Council Directive 90/654/EEC (OJ L 353, 17.12.1990, p. 48) only concerning references
made to the provisions of
Directive 66/400/EEC in Article
2 and to Annex II(I)(1)(a)
Council Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) only Article 1(1)Council Directive 98/95/EC (OJ L 25, 1.2.1999, p. 1) only Article 1 and to Article
9(2)
Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27) only Article 1, Article 8(2) and
to Article 92002L0054 — EN — 10.07.2003 — 001.001 — 21
▼B
PART B
DEADLINESFORTRANSPOSITIONINTONATIONALLAW
(referred to by Article 33)
Directive Deadline for transposition
Directive 66/400/EEC 1 July 1968 (Article 14(1))
1 July 1969 (other provisions)(1)(2)
Directive 69/61/EEC 1 July 1969 (3)
Directive71/162/EEC 1 July 1970 (Article 1(3))
1 July 1972 (Article 1(1))
1 July 1971 (other provisions)(1)
Directive 72/274/EEC 1 July 1972 (Article 1)
1 January 1973 (Article 2)
Directive 72/418/EEC 1 July 1973
Directive 73/438/EEC 1 July 1973 (Article 1(1))
1 January 1974 (Article 1(2))
Directive 75/444/EEC 1 July 1977
Directive 76/331/EEC 1 July 1978 (Article 1)
1 July 1979 (other provisions)
Directive 78/55/EEC 1 July 1979
Directive 78/692/EEC 1 July 1977 (Article 1)
1 July 1979 (other provisions)
Directive 87/120/EEC 1 July 1988
Directive 88/95/EEC 1 July 1988
Directive 88/332/EEC
Directive 88/380/EEC 1 July 1992 (Article 1(8))
1 July 1990 (other provisions)
Directive 90/654/EEC
Directive 96/72/EC 1 July 1997 (3)
Directive 98/95/EC 1 February 2000 (Corrigendum, OJ L 126,
20.5.1999, p. 23)
Directive 98/96/EC 1 February 2000
(1) For Denmark, Ireland and the United Kingdom, 1 July 1973 for Article 14(1), 1 July 1974 for the other provi-
sions concerning basic seed and 1 July 1976 for the other provisions.
(2) 1 January 1986 for Greece, 1 March1986 for Spain, 1 January 1991 for Portugal, and 1 January 1995 for
Austria, Finland and Sweden.
(3) The remaining stocks of labels bearing the abbreviation ‘EEC’ may continue to be used until 31 December
2001.2002L0054 — EN — 10.07.2003 — 001.001 — 22
▼B
ANNEX VI
CORRELATIONTABLE
Directive 66/400/EEC This Directive
Article 1 Article 1, 1st subparagraph
Article 18 Article 1, 2nd subparagraph
Article 1a Article 2(1)(a)
Article 2(1)(A) Article 2(1)(b)Article 2(1)(B)(a) Article 2(1)(c)(i)
Article 2(1)(B)(b) Article 2(1)(c)(ii)
Article 2(1)(B)(c) Article 2(1)(c)(iii)
Article 2(1)(B)(d) Article 2(1)(c)(iv)
Article 2(1)(C)(a) Article 2(1)(d)(i)
Article 2(1)(C)(b) Article 2(1)(d)(ii)
Article 2(1)(C)(c) Article 2(1)(d)(iii)
Article 2(1)(C)(d)(i) Article 2(1)(d)(iv), first indent
Article 2(1)(C)(d)(ii) Article 2(1)(d)(iv), second indent
Article 2(1)(D) Article 2(1)(e)
Article 2(1)(E) Article 2(1)(f)
Article 2(1)(F)(a) Article 2(1)(g)(i)
Article 2(1)(F)(b) Article 2(1)(g)(ii)
Article 2(1)(F)(c) Article 2(1)(g)(iii)
Article 2(1)(G), first indent Article 2(1)(h)(i)
Article 2(1)(G), second indent Article 2(1)(h)(ii)
Article 2(1a) Article 2(2)
Article 2(2) —
Article 2(3)(i) Article 2(3), first subparagraph, (a)Article 2(3)(i)(a) Article 2(3), first subparagraph, (a)(i)
Article 2(3)(i)(b) Article 2(3), first subparagraph, (a)(ii)
Article 2(3)(i)(c) Article 2(3), first subparagraph, (a)(iii)
Article 2(3)(i)(d) Article 2(3), first subparagraph, (a)(iv)
Article 2(3)(ii) Article 2(3), first subparagraph, (b)
Article 2(3)(iii) Article 2(3), first subparagraph, (c)
Article 2(3)(iv) Article 2(3), first subparagraph, (d)
Article 2(3)(v) Article 2(3), second subparagraph
Article 2(4) Article 2(4)
Article 3 Article 3
Article 3a Article 4
Article 4 Article 5
Article 4a Article 6
Article 5 Article 7
Article 6 Article 8
Article 7 Article 9
Article 9 Article 10
Article 10 Article 11
Article 11 Article 12
Article 11a Article 13
Article 11b Article 14Article 11c Article 152002L0054 — EN — 10.07.2003 — 001.001 — 23
▼B
Directive 66/400/EEC This Directive
Article 12 Article 16
Article 12a Article 17Article 13 Article 18Article 13a Article 19Article 14(1) Article 20——Article 14a Article 21Article 15 Article 22Article 16(1) Article 23(1)Article 16(2) —Article 16(3) Article 23(2)Article 16(4) —Article 17 Article 24Article 19 Article 25Article 20 Article 26Article 21a Article 27Article 21 Article 28Article 22 Article 29Article 22(1) Article 30(1)
Article 22(2)(i) Article 30(2)(a)
Article 22(2)(ii) Article 30(2)(b)— Article 31(
1)
— Article 32(2)
— Article 33— Article 34— Article 35ANNEX I, part A, point (01) ANNEX I, part A, point (1)ANNEX I, part A, point (1) ANNEX I, part A, point (2)ANNEX I, part A, point (2) ANNEX I, part A, point (3)ANNEX I, part A, point (3) ANNEX I, part A, point (4)ANNEX I, part A, point (4) ANNEX I, part A, point (5)ANNEX I, part A, point (5) ANNEX I, part A, point (6)ANNEX I, part B, point (1) ANNEX I, part B, point (1)ANNEX I, part B, point (2) ANNEX I, part B, point (2)ANNEX I, part B, point (3)(a) ANNEX I, part B, point (3)(a)ANNEX I, part B, point (3)(b)(aa) ANNEX I, part B, point (3)(b)(aa)ANNEX I, part B, point (3)(b)(aa)(a) ANNEX I, part B, point (3)(b)(bb)ANNEX I, part B, point (3)(b)(bb) ANNEX I, part B, point (3)(b)(cc)ANNEX I, part B, point (3)(b)(cc) ANNEX I, part B, point (3)(b)(dd)
ANNEX I, part B, point (3)(c) ANNEX I, part B, point (3)(c)
ANNEX II ANNEX IIANNEX III, part A, point (I)(1) ANNEX III, part A, point (I)(1)ANNEX III, part A, point (I)(2) ANNEX III, part A, point (I)(2)ANNEX III, part A, point (I)(3) ANNEX III, part A, point (I)(3)ANNEX III, part A, point (I)(3a) ANNEX III, part A, point (I)(4)ANNEX III, part A, point (I)(4) ANNEX III, part A, point (I)(5)ANNEX III, part A, point (I)(5) ANNEX III, part A, point (I)(6)ANNEX III, part A, point (I)(6) ANNEX III, part A, point (I)(7)2002L0054 — EN — 10.07.2003 — 001.001 — 24
▼B
Directive 66/400/EEC This Directive
ANNEX III, part A, point (I)(7) ANNEX III, part A, point (I)(8)
ANNEX III, part A, point (I)(8) ANNEX III, part A, point (I)(9)
ANNEX III, part A, point (I)(9) ANNEX III, part A, point (I)(10)
ANNEX III, part A, point (I)(10) ANNEX III, part A, point (I)(11)
ANNEX III, part A, point (I)(11) ANNEX III, part A, point (I)(12)
ANNEX III, part A, point (I)(12) ANNEX III, part A, point (I)(13)
ANNEX III, part A, point (II) ANNEX III, part A, point (II)
ANNEX III, part B ANNEX III, part B
ANNEX IV ANNEX IV
— ANNEX V
— ANNEX VI
(1) 98/95/EC, Article 9(2) and 98/96/EC, Article 8(2).
(2) 98/96/EC, Article 9.2002L0054 — EN — 10.07.2003 — 001.001 — 25