1998L0096 — EN — 01.02.1999 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE98/96/EC
of14December 1998
amending, inter alia, as regards unofficial field inspections under Directives 66/400/EEC, 66/401/
EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing ofbeet seed, fodderplantseed,cereal seed,seedpotatoes,seedofoil andfibre plantsandvegetable
seedandonthecommoncatalogueofvarieties ofagriculturalplantspecies
(OJ L 25, 1.2.1999, p. 27)
Corrected by:
►C1Corrigendum, OJ L 161, 16.6.2001, p. 48 (98/96/EC)
▼B
COUNCILDIRECTIVE98/96/EC
of14December 1998
amending, inter alia, as regards unofficial field inspections under
Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beetseed, fodder plant seed, cereal seed, seed potatoes, seed of oil and
fibre plants and vegetable seed and on the common catalogue of
varieties ofagricultural plantspecies
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas, for the reasons given below, the following Directives on the
marketing of seed and propagating material should be amended:
— Council Directive 66/400/EEC of 14 June 1966 on the marketing of
beet seed(4),
— Council Directive 66/401/EEC of 14 June 1966 on the marketing of
fodder plant seed(5),
— Council Directive 66/402/EEC of 14 June 1966 on the marketing of
cereal seed(6),
— Council Directive 66/403/EEC of 14 June 1966 on the marketing of
seed potatoes(7),
— Council Directive 69/208/EEC of 30 June 1969 on the marketing of
seed of oil and fibre plants(8),
— Council Directive 70/457/EEC of 29 September 1970 on the
common catalogue of varieties of agricultural plant species(9), and
— Council Directive 70/458/EEC of 29 September 1970 on the
marketing of vegetable seed(10);
Whereas Commission Decision 89/540/EEC of 22 September 1989 on
the organisation of a temporary experiment on the marketing of seedsand propagating material(
11), organised a temporary experiment under
specified conditions, with the aim of assessing whether unofficial field
inspections could ensure simplification of the procedures for official
seed certification required under Directives 66/400/EEC, 66/401/EEC,66/402/EEC and 69/208/EEC without a significant decrease in thequality of the seed;
Whereas the results of the experiment have shown that, for certain
purposes, there could be a simplification of the procedures for officialseed certification of ‘certified seed’ of all categories, if inspections1998L0096 — EN — 01.02.1999 — 000.001 — 2
(1) OJ C 289, 24.9.1997, p. 6.
(2) OJ C 167, 29.6.1998, p. 302.
(3) OJ C 73, 9.3.1998, p. 45.
(4) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Directive 98/
95/EC (See page 1 of this Official Journal).
(5) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 98/
95/EC.
(6) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 98/
95/EC.
(7) OJ 125, 11.7.1966, p. 2320/66. Directive as last amended by Directive 98/
95/EC.
(8) OJ L 169, 10.7.1969, p. 3. Directive as last amended by Directive 98/95/EC.
(9) OJ L 225, 12.10.1970, p. 1. Directive as last amended by Directive 98/95/
EC.
(10) OJ L 225, 12.10.1970, p. 7. Directive as last amended by Directive 98/95/
EC.
(11) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Commission Deci-
sion 96/336/EC (OJ L 128, 29.5.1996, p. 23).
▼B
were allowed to be carried out by inspectors other than those charged
with official examination by the seed certification authority;
Whereas administrative developments have taken place in the Member
States;
Whereas Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/
EEC should be amended accordingly;
Whereas Directives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/
EEC provide for amendments to be made to the lists of species referredto therein in the light of the development of scientific or technicalknowledge concerning the names and hybrids resulting from thecrossing of species covered by those Directives, in accordance with
the Standing Committee procedure;
Whereas it is desirable to facilitate the addition of new species to the
list of species in the said directives;
Whereas those directives should be amended accordingly;
Whereas Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/
EEC and 70/458/EEC provide for the organisation of temporary experi-ments for the purpose of seeking improved alternatives to certainelements of the certification schemes adopted thereunder;
Whereas, in the light of experience, it is desirable to extend the scope
of the organization of such experiments for the purpose of seeking
improved alternatives to certain provisions set out in the said direc-tives;
Whereas it is desirable to provide a legal base in Directive 66/403/EEC
for the organization of temporary experiments for the purpose of
seeking improved alternatives to certain provisions set out in that direc-
tive;
Whereas it is desirable to provide in Directives 70/457/EEC and 70/
458/EEC for rules in relation to the suitability of varietal denomina-
tions,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 66/400/EEC is hereby amended as follows:
1. Article 2(1)(C)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
above mentioned conditions, or
(ii) 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 officialsupervision.’;
2. in Article 2 the following paragraphs shall be added:
‘3. When the examination under official supervision referred to in
paragraph 1(C)(d)(ii) above is carried out, the following require-ments shall be complied with:
(i) the inspectors, shall:
(a) have the necessary technical qualifications;
(b) derive no private gain in connection with the carrying out
of the inspections;
(c) have been officially licensed by the seed certification
authority of the Member State concerned and this licensingshall include either the swearing-in of inspectors or thesignature by inspectors of a written statement of commit-
ment to the rules governing official examinations;
(d) carry out inspections under official supervision in accor-
dance with the rules applicable to official inspections;1998L0096 — EN — 01.02.1999 — 000.001 — 3
▼B
(ii) the seed cropto be insp ected shall be grown from seed which
has undergone official post-control, the results of which havebeen satisfactory;
(iii) a proportion of the seed crops shall be checked by official
inspectors. That proportion shall be 10 % for self-pollinatedcrops and 20 % for cross-pollinated crops or, for those speciesfor which Member States provide for official laboratory seed-testing using morphological, physiological or, where appro-
priate, biochemical procedures to identify the variety and
establish purity, 5 % and 15 % respectively;
(iv) a proportion of samples from the seed lots harvested from the
seed crops shall be drawn for official post-control and, whereappropriate, for official laboratory seed testing in respect of
varietal identity and purity;
(v) the Member States shall determine the penalties applicable to
infringements of the rules governing examination under officialsupervision. The penalties they provide for must be effective,proportionate and dissuasive. Penalties may include the with-
drawal of the recognition referred to in paragraph (3)(i)(c)
from officially licensed inspectors who are found guilty ofdeliberately or negligently contravening the rules governingofficial examinations. Any certification of the seed examinedshall be annulled in the event of such contravention unless itcan be shown that such seed still meets all relevant require-
ments.
4. Further measures applicable to the carrying out of examina-
tions under official supervision may be adopted in accordance with
the procedure laid down in Article 21.
Until such measures are adopted, the conditions set out in Article 2
of Commission Decision 89/540/EEC shall be adhered to.’;
3. the first paragraph of Article 13a shall be replaced by the following:
‘For the purpose of seeking improved alternatives to certain provi-
sions set out in this Directive, it may be decided to organisetemporary experiments under specified conditions at Community
level in accordance with the provisions laid down in Article 21.’;
4. point 3 of Annex I(A) shall be replaced by the following:
‘3. In the case of certified seed of all categories there shall be at
least one field inspection, either official or under official super-
vision, and in the case of basic seed at least two official fieldinspections, one of stecklings and one of the seed-producingplants.’
Article 2
Directive 66/401/EEC is hereby amended as follows:
1. Article 2(1)(C)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision’;
2. Article 2(1a) shall be replaced by the following:
‘1a. Amendments to be made to the list of species referred to in
paragraph 1(A) shall be adopted in accordance with the procedure
laid down in Article 21.’;
3. in Article 2 the following paragraphs shall be added:
‘3. When the examination under official supervision referred to in
paragraph 1(C)(d)(ii) above is carried out, the following require-ments shall be complied with:
(i) the inspectors shall:
(a) have the necessary technical qualifications;1998L0096 — EN — 01.02.1999 — 000.001 — 4
▼B
(b) derive no private gain in connection with the carrying out
of the inspections;
(c) have been officially licensed by the seed certification
authority of the Member State concerned and this licensingshall include either the swearing-in of inspectors or thesignature by inspectors of a written statement of commit-ment to the rules governing official examinations;
(d) carry out inspections under official supervision in accor-
dance with the rules applicable to official inspections;
(ii) the seed cropto be insp ected shall be grown from seed which
has undergone official post-control, the results of which have
been satisfactory;
(iii)►
C1a proportion of the seed crops shall be checked ◄. That
proportion shall be 10 % for self-pollinated crops and 20 % forcross-pollinated crops or, for those species for which MemberStates provide for official laboratory seed-testing using morpho-logical, physiological or, where appropriate, biochemicalprocedures to identify the variety and establish purity, 5 %
and 15 % respectively;
(iv) a proportion of samples from the seed lots harvested from the
seed crops shall be drawn for official post-control and, where
appropriate, for official laboratory seed testing in respect of
varietal identity and purity;
(v) the Member States shall determine the penalties applicable to
infringements of the rules governing examination under 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 paragraph (3)(i)(c)from officially licensed inspectors who are found guilty of
deliberately or negligently contravening the rules governing
official examinations. Any certification of the seed examinedshall be annulled in the event of such contravention unless itcan be shown that such seed still meets all relevant require-ments.
4. Further measures applicable to the carrying out of examina-
tions under official supervision may be adopted in accordance withthe procedure laid down in Article 21.
Until such measures are adopted, the conditions set out in Article 2
of Commission Decision 89/540/EEC shall be adhered to.’;
4. the first paragraph of Article 13a shall be replaced by the following:
‘For the purpose of seeking improved alternatives to certain provi-
sions set out in this directive, it may be decided to organisetemporary experiments under specified conditions at Communitylevel in accordance with the provisions laid down in Article 21.’;
5. the first sentence of point 6 of Annex I shall be replaced by the
following:
‘6. The satisfaction of the abovementioned standards or other
conditions shall, in the case of basic seed, be examined in offi-
cial field inspections and, in the case of certified seed, beexamined either in official field inspections or in inspectionscarried out under official supervision.’
Article 3
Directive 66/402/EEC is hereby amended as follows:1. Article 2(1)(E)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.’;1998L0096 — EN — 01.02.1999 — 000.001 — 5
▼B
2. Article 2(1)(F)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.’;
3. Article 2(1)(G)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official
examination or by examination carried out under officialsupervision.’;
4. Article 2(1a) shall be replaced by the following:
‘1a. Amendments to be made to the list of species referred to in
paragraph 1(A) shall be adopted in accordance with the procedurelaid down in Article 21.’;
5. in Article 2 the following paragraphs shall be added:
‘3. When the examination under official supervision referred to in
paragraphs 1(E)(d)(ii), 1(F)(d)(ii) and 1(G)(d)(ii) above is carriedout, the following requirements shall be complied with:
(i) the inspectors shall:
(a) have the necessary technical qualifications;
(b) derive no private gain in connection with the carrying out
of the inspections;
(c) have been officially licensed by the seed certification
authority of the Member State concerned and this licensing
shall include either the swearing-in of inspectors or the
signature by inspectors of a written statement of commit-ment to the rules governing official examinations;
(d) carry out inspections under official supervision in accor-
dance with the rules applicable to official inspections;
(ii) the seed cropto be insp ected shall be grown from seed which
has undergone official post-control, the results of which havebeen satisfactory;
(iii)►
C1a proportion of the seed crops shall be checked ◄. That
proportion shall be 10 % for self-pollinated crops and 20 % forcross-pollinated crops or, for those species for which MemberStates provide for official laboratory seed-testing using morpho-logical, physiological or, where appropriate, biochemicalprocedures to identify the variety and establish purity, 5 %
and 15 % respectively;
(iv) a proportion of samples from the seed lots harvested from the
seed crops shall be drawn for official post-control and, whereappropriate, for official laboratory seed testing in respect of
varietal identity and purity;
(v) the Member States shall determine the penalties applicable to
infringements of the rules governing examination under 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 paragraph (3)(i)(c)from officially licensed inspectors who are found guilty ofdeliberately or negligently contravening the rules governingofficial examinations. Any certification of the seed examined
shall be annulled in the event of such contravention unless it
can be shown that such seed still meets all relevant require-ments.
4. Further measures applicable to the carrying out of examina-
tions under official supervision may be adopted in accordance withthe procedure laid down in Article 21.1998L0096 — EN — 01.02.1999 — 000.001 — 6
▼B
Until such measures are adopted, the conditions set out in Article 2
of Commission Decision 89/540/EEC shall be adhered to.’;
6. in Article 13a the first paragraph shall be replaced by the following:
‘For the purpose of seeking improved alternatives to certain provi-
sions set out in this directive, it may be decided to organisetemporary experiments under specified conditions at Communitylevel in accordance with the provisions laid down in Article 21.’;
7. the first sentence of point 5 of Annex I shall be replaced by the
following:
‘5. The satisfaction of the abovementioned standards or other
conditions shall, in the case of basic seed, be examined in officialfield inspections and, in the case of certified seed, be examined
either in official field inspections or in inspections carried out under
official supervision.’
Article 4
Directive 66/403/EEC is hereby amended as follows:The following Article shall be added after Article 13:
‘►
C1Article 13b ◄
For the purpose of seeking improved alternatives to certain provi-
sions set out in this Directive, other than those relating to plant
health, it may be decided to organise temporary experiments underspecified conditions at Community level in accordance with theprovisions laid down in Article 19.
In the framework of such experiments, Member States may be
released from certain obligations laid down in this Directive. Theextent of that release shall be defined with reference to the provi-sions to which it applies. The duration of an experiment shall notexceed seven years.’
Article 5
Directive 69/208/EEC is hereby amended as follows:1. Article 2(1)(C)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.’;
2. Article 2(1)(D)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(iii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official
examination or by examination carried out under official
supervision.’;
3. Article 2(1)(E)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.’;
4. Article 2(1)(Ea)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official1998L0096 — EN — 01.02.1999 — 000.001 — 7
▼B
examination or by examination carried out under official
supervision.’;
5. Article 2(1)(F)(d) shall be replaced by the following:
‘(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.’;
6. Article 2(1a) shall be replaced by the following:
‘1a. Amendments to be made to the list of species referred to in
paragraph 1(A) shall be adopted in accordance with the procedurelaid down in Article 20.’;
7. In Article 2 the following paragraphs shall be added:
‘3. When the examination under official supervision referred to in
paragraphs 1(C)(d)(ii), 1(D)(d)(ii), 1(E)(d)(ii), 1(Ea)(d)(ii) and
1(F)(d)(ii) above is carried out, the following requirements shall becomplied with:
(i) the inspectors shall:
(a) have the necessary technical qualifications;
(b) derive no private gain in connection with the carrying out
of the inspections;
(c) have been officially licensed by the seed certification
authority of the Member State concerned and this licensing
shall include either the swearing-in of inspectors or the
signature by inspectors of a written statement of commit-ment to the rules governing official examinations;
(d) carry out inspections under official supervision in accor-
dance with the rules applicable to official inspections;
(ii) the seed cropto be insp ected shall be grown from seed which
has undergone official post-control, the results of which have
been satisfactory;
(iii)►
C1a proportion of the seed crops shall be checked ◄. That
proportion shall be 10 % for self-pollinated crops and 20 % forcross-pollinated crops or, for those species for which Member
States provide for official laboratory seed-testing using morpho-
logical, physiological or, where appropriate, biochemicalprocedures to identify the variety and establish purity, 5 %and 15 % respectively;
(iv) a proportion of samples from the seed lots harvested from the
seed crops shall be drawn for official post-control and, where
appropriate, for official laboratory seed testing in respect ofvarietal identity and purity;
(v) the Member States shall determine the penalties applicable to
infringements of the rules governing examination under 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 paragraph (3)(i)(c)from officially licensed inspectors who are found guilty ofdeliberately or negligently contravening the rules governing
official examinations. Any certification of the seed examined
shall be annulled in the event of such contravention unless itcan be shown that such seed still meets all relevant require-ments.
4. Further measures applicable to the carrying out of examina-
tions under official supervision may be adopted in accordance withthe►
C1procedure laid down in Article 20 ◄.
Until such measures are adopted, the conditions set out in Article 2
of Commission Decision 89/540/EEC shall be adhered to.’;
8. in Article 12a the first paragraph shall be replaced by the following:1998L0096 — EN — 01.02.1999 — 000.001 — 8
▼B
‘For the purpose of seeking improved alternatives to certain provi-
sions set out in this Directive, it may be decided to organisetemporary experiments under specified conditions at Community
level in accordance with the ►
C1procedure laid down in Article
20◄.’;
9. in Annex I the first sentence of point 5 shall be replaced by the
following:
‘5. The satisfaction of the abovementioned standards or other
conditions shall, in the case of basic seed, be examined in offi-cial field inspections and, in the case of certified seed, beexamined either in official field inspections or in inspectionscarried out under official supervision.’.
Article 6
Directive 70/457/EEC is hereby amended as follows:
In Article 9 the following paragraph shall be added:
‘►
C16. So far as the suitability of the denomination of a
variety is concerned, Article 63 of Council Regulation (EC) No
2100/94 of 27 July 1994 on Community plant variety rights (*)
shall apply ◄.
Detailed implementing rules as to the suitability of denominations
of varieties may be adopted in accordance with the procedureprovided for in Article 23.
(*) OJ L 227, 1.9.1994, p. 1. Regulation as amended by Regulation
(EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).’
Article 7
Directive 70/458/EEC is hereby amended as follows:
1. Article 2(1a) shall be replaced by the following:
‘1a. Amendments to be made to the lists of species referred to in
paragraph 1(A) shall be adopted in accordance with the procedurelaid down in Article 40.’;
2. the first paragraph of Article 29a shall be replaced by the following:
‘For the purpose of seeking improved alternatives to certain provi-
sions set out in this directive, it may be decided to organise
temporary experiments under specified conditions at Communitylevel in accordance with the provisions laid down in Article 40.’;
3. in Article 10 the following paragraph shall be added:
‘►
C16. So far as the suitability of the denomination of a
variety is concerned, Article 63 of Council Regulation (EC) No2100/94 of 27 July 1994 on Community plant variety rights (*) shallapply◄.
Detailed implementing rules as to the suitability of denominations of
varieties may be adopted in accordance with the procedure providedfor in Article 40.
(*) OJ L 227, 1.9.1994, p. 1. Regulation as amended by Regulation
(EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).’
Article 8
1. Member States shall bring into force the laws, regulations or
administrative provisions necessary to comply with this Directivebefore 1 February 2000. They shall forthwith inform the Commissionthereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The procedure for such referenceshall be adopted by the Member States.1998L0096 — EN — 01.02.1999 — 000.001 — 9
▼B
2. Member States shall communicate to the Commission the text of
the main provisions of domestic law they adopt in the field covered bythis Directive.
Article 9
No later than five years after the date of the entry into force of this
Directive, the Commission shall submit a detailed evaluation of the
simplifications of the certification procedures introduced thereby. Thisevaluation shall focus in particular on the possible effects on thequality of the seed.
Article 10
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 11
This Directive is addressed to the Member States.1998L0096 — EN — 01.02.1999 — 000.001 — 10