1971L0162 — EN — 01.04.1971 — 000.001 — 1
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►B COUNCILDIRECTIVE
of30March1971
amendingtheDirectives of14June1966onthemarketingofbeetseed,fodderplantseed,cereal
seed and seed potatoes, the Directive of 30 June 1969 on the marketing of seed of oil and fibre
plantsandtheDirective of29September1970onthemarketingofvegetable seed
(71/162/EEC)
(OJ L 87, 17.4.1971, p. 24)
Corrected by:
►C1Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 87 (71/162/EEC)
▼B
COUNCILDIRECTIVE
of30March1971
amending the Directives of 14 June 1966 on the marketing of beet
seed,fodderplantseed,cerealseedandseedpotatoes,theDirectiveof 30 June 1969 on the marketing of seed of oil and fibre plantsand the Directive of 29 September 1970 on the marketing of vege-
tableseed
(71/162/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Economic and Social Committee;Whereas it is appropriate, for the reasons set out in the following reci-
tals, to amend certain provisions of the Council Directives of 14 June1966 on the marketing of beet seed(
2), as amended by the Directive of
18 February 1969(3), on the marketing of fodder plant seed(4), as
amended by the Directive of 18 February 1969(5), on the marketing
of cereal seed(6), as amended by the Directive of 18 February
1969(7), and on the marketing of seed potatoes(8), as amended by the
Directive of 18 February 1969(9), of the Directive of 30 June 1969(10)
on the marketing of seed of oil and fibre plants and of the Directive of
29 September 1970(11) on the marketing of vegetable seed;
Whereas a common catalogue of varieties of agricultural plant species
was provided for in the Council Directive of 29 September 1970(12);
Whereas basically technical amendments to the Annexes should be
facilitated by an expeditious procedure;
Whereas it is necessary to authorise in future the use of adhesive
labels;
Whereas the provisions concerning comparative tests should be
expanded;
Whereas it is appropriate to subdivide certain genera of fodder plant
into several species of greatest importance to agriculture, and to amend
certain technical provisions;
Whereas in the case of seed of oil and fibre plants, the species castor
bean and sesame need not be maintained within the scope of the Direc-
tive; whereas, on the other hand, it is appropriate to lay down particularprovisions in respect of monoecious;1971L0162 — EN — 01.04.1971 — 000.001 — 2
(1) OJ No C 101, 4.8.1970, p. 44.
(2) OJ No 125, 11.7.1966, p. 2290/66.
(3) OJ No L 48, 26.2.1969, p. 4.
(4) OJ No 125, 11.7.1966, p. 2298/66.
(5) OJ No L 48, 26.2.1969, p. 8.
(6) OJ No 125, 11.7.1966, p. 2309/66.
(7) OJ No L 48, 26.2.1969, p. 1.
(8) OJ No 125, 11.7.1966, p. 2320/66.
(9) OJ No L 48, 26.2.1969, p. 7.
(10) OJ No L 169, 10.7.1969, p. 3.
(11) OJ No L 225, 12.10.1970, p. 7.
(12) OJ No L 225, 12.10.1970, p. 1.
▼B
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Directive of 14 June 1966 on the marketing of beet seed shall be
amended as follows:
1. The following shall be substituted for Article 6:
‘The Member States shall provide that the description of the genea-
logical components which may be required is, if the breeder so
requests, treated as confidential.’
2. The following shall be added to Article 11 (1) (a) after the words
‘for certified seed;’‘the use of adhesive labels shall be authorised;these may be used as official ►
C1sealing devices ◄;’
3. The date 1 July 1972 shall be substituted for the date given in the
last sentence of Article 16 (2).
4. The following shall be substituted for Article 20 (1):
‘1. Community comparative tests shall be carried out within the
Community for the post-control of samples of certified beet seed
taken during check sampling. Satisfaction of the conditions withwhich the seed must comply may be checked during the post-controltests. The arrangements for holding the tests and their results shallbe submitted to the Committee referred to in Article 21.’
5. The following Article shall be added after Article 21:
‘Article 21a
The Council, acting on a proposal from the Commission and in the
light of current scientific and technical knowledge, shall adopt anyamendments to be made to the Annexes.’
Article 2
The Directive of 14 June 1966 on the marketing of fodder plant seed
shall be amended as follows:
1. In Article 2 (1) (A) (a), for the words;
‘Agrostis spec. Agrostis’
there shall be substituted the following:
‘Agrostis canina L. ssp. canina Hwd. Velvet bent grass
Agrostis gigantea RothRedtopAgrostis stolonifera L. Creeping bent grassAgrostis tenuis Sibth. Brown top.’
2. In Article 2 (1) (A) (a), for the words:
‘Lolium spec. Ryegrass’
there shall be substituted the following:
‘Lolium multiflorum Italian ryegrass
Lam. (including Westerwold ryegrass)Lolium perenne L. Perennial ryegrassLolium × hybridum Hausskn. Hybrid ryegrass.’
3. In Article 2 (1) (A) (a), for the words:
‘Poa spec. Meadowgrass’
there shall be substituted the following:
‘Poa annua L. Annual meadowgrass1971L0162 — EN — 01.04.1971 — 000.001 — 3
▼B
Poa nemoralis L. Wood meadowgrass
Poa palustris L. Swamp meadowgrassPoa pratensis L. Smooth-stalk meadowgrassPoa trivialis L. Rough-stalk meadowgrass.’
4. In Article 2 (1) (A) (b), for the words:
‘Lupinus spec. except Lupinus perennis L. Lupins except perennial lupin’
there shall be substituted the following:
‘Lupinus albus L. White lupin
Lupinus angustifolius L. Blue lupinLupinus luteus L. Yellow lupin.’
5. In Article 2 (1) (A) (b), for the words:
‘Vicia spec. except Vicia faba major L. Vetches and beans except broad beans’
there shall be substituted the following:
‘Vicia faba L. ssp. faba var. equina Pers. Field beans
Vicia faba L. var. minor (Peterm.) bull. Field beansVicia pannonica Crantz Hungarian vetchVicia sativa L. Common vetchVicia villosa RothHairy vetch .’
6. In Article 3 (1), for the words:
‘Lolium spec.’
there shall be substituted the following:
‘Lolium multiflorum Lam.
Lolium perenne L.Lolium × hybridum Hausskn.’
7. The following shall be substituted for Article 6:
‘The Member States shall provide that the description of the genea-
logical components which may be required is, if the breeder sorequests, treated as confidential.’
8. The following shall be added to Article 10 (1) (a) after the words
‘for commercial seed;’: ‘the use of adhesive labels shall be
authorised, these may be used as official ►
C1sealing
devices◄;’.
9. The date 1 July 1972 shall be substituted for that given in the last
sentence of Article 16 (2).
10. The following shall be substituted for Article 20 (1):
‘1. Community comparative tests shall be carried out within the
Community for the post-control of samples of basic seed, with the
exception of that of hybrid or synthetic varieties, and of certified
seed of fodder plants, taken during check sampling. Satisfactionof the conditions with which the seed must comply may bechecked during the post-control tests. The arrangements for holdingthe tests and their results shall be submitted to the Committeereferred to in Article 21.’1971L0162 — EN — 01.04.1971 — 000.001 — 4
▼B
11. The following Article shall be added after Article 21:
‘Article 21a
The Council, acting on a proposal from the Commission and in the
light of current scientific and technical knowledge, shall adopt anyamendments to be made to the Annexes.’
12. In Annex II (I) (3) (A) (a), the words ‘Agrostis gigantea
►
C1Roth.◄’ shall be substituted for the words ‘Agrostis alba’
and the words ‘Lolium multiflorum Lam.’ for the words ‘Loliummultiflorum spec.’
13. In Annex II (I) (3) (A) (b), the figure ‘1.5’ shall be substituted for
the figure ‘0.1’ indicating the maximum content in weed seed forHedysarum coronarium L.
14. The following shall be added to Annex II (I) (3) (B):
‘(f) The number of seeds of Rumex ►
C1obtusifolius ◄and of
Rumex crispus shall not exceed 2 in a 5 gramme sample.’
15. The following shall be substituted for the text of Annex II (I) (3)
(C) (a):
‘(a) The percentage by number of seeds of another colour shall not
exceed 2 in the case of bitter lupin and 1 in the case of other
lupins.’
16. The following shall be substituted for the text of Annex II (III) (4)
(a):
‘The percentage by number of seeds of another colour shall not
exceed 4 in the case of bitter lupin and 2 in the case of otherlupins.’
17. The following item shall be added to Annex IV (A) (a):
‘10. For seed of grass varieties for which no examination as to
value for cropping and use has been made under Article 4(2) (a) of the Council Directive of 29 September 1970(
1)o n
the common catalogue of varieties of agricultural plantspecies: “not intended for the production of fodder”.’
Article 3
The directive of 14 June 1966 on the marketing of cereal seed shall be
amended as follows:
1. In Article 2 (1) (A), for the words:
‘Zea mays L. Maize’
there shall be substituted the following:
‘Zea mays L. except Zea mays
convar. microsperma (Koern) andZea mays convar. saccharata(Koern)Maize except popcorn and
sweet corn.’
2. The following shall be substituted for Article 6:
‘The Member States shall provide that the description of genealo-
gical components which may be required is, if the breeder sorequests, treated as confidential.’
3. The following shall be added to Article 10 (1) (a) after the words ‘of
the second generation;’: ‘the use of adhesive labels shall be
authorised; these may be used as official ►
C1sealing devices ◄;’.
4. The date 1 July 1972 shall be substituted for that given in the last
sentence of Article 16 (2).1971L0162 — EN — 01.04.1971 — 000.001 — 5
(1) OJ No L 225, 12.10.1970, p. 1.
▼B
5. The following shall be substituted for Article 20 (1):
‘Community comparative tests shall be carried out within the
Community for the post-control of samples of basic seed, with theexception of that of hybrid or synthetic varieties, and of certifiedseed of all kinds of cereal, taken during check sampling. Satisfactionof the conditions with which the seed must comply may be checked
during the post-control tests. The arrangements for holding the tests
and their results shall be submitted to the Committee referred to inArticle 21.’
6. The following Article shall be added after Article 21:
‘Article 21a
The Council, acting on a proposal from the Commission and in the
light of current scientific and technical knowledge, shall adopt any
amendments to be made to the Annexes.’
Article 4
The Directive of 14 June 1966 on the marketing of seed potatoes shall
be amended as follows:
1. Article 5 shall be deleted.
2. The following shall be added to Article 14 (1):
‘Satisfaction of the other minimum conditions laid down in Annex I
may also be checked during the comparative tests.’
3. The date 1 July 1972 shall be substituted for that given in the last
sentence of Article 15 (2).
4. The following Article shall be added after Article 19:
‘Article 19a
The Council, acting on a proposal from the Commission and in the
light of current scientific and technical knowledge, shall adopt anyamendments to be made to the Annexes.’
Article 5
The Directive of 30 June 1969 on the marketing of seed of oil and fibre
plants shall be amended as follows:
1. In Article 2 the words ‘Ricinus communis L — Castor bean’ and
‘Sesamum orientale L — Sesame’ and all references to castorbean and sesame shall be deleted.
2. The following shall be added to Article 2 (1):
(a) at the end of Section B (b), the words:
‘or, where appropriate, “certified seed, third generation”;’
(b) in Section C, before the word ‘hemp’, the word ‘dioecious’
(c) in Section D, after the word ‘groundnut’, the words ‘monoe-
cious hemp’
(d) in Section D (b), after the words ‘certified seed, second genera-
tion’, the words: ‘or, where appropriate, of the category“certified seed, third generation”,’
(e) at the end of Section E (b), the words: ‘or, where appropriate,
which is intended for the production of seed of the category“certified seed, third generation”;’
(f) after Section E the following:
‘E a Certified seed, second generation (monoecious hemp):
seed
(a) which ►
C1has been produced directly ◄from
certified seed of the first generation which has beenestablished and officially controlled with a specialview to the production of certified seed of the secondgeneration;1971L0162 — EN — 01.04.1971 — 000.001 — 6
▼B
(b) which is intended for the production of hemp to be
harvested in flower;
(c) which satisfies the conditions laid down in Annexes I
and II for certified seed; and
(d) which has been found by official examination to
satisfy the abovementioned conditions.’
3. The following shall be substituted for Article 6:
‘The Member States shall provide that the description of genealo-
gical components which may be required is, if the breeder sorequests, treated as confidential.’
4. The following shall be added to Article 10 (1) after the words ‘for
commercial seed’: ‘the use of adhesive labels shall be authorised;these may be used as official ►
C1sealing devices ◄;’
5. The date 1 July 1973 shall be substituted for that given in the last
sentence of Article 15 (2).
6. The following shall be substituted for Article 19 (1):
‘1. Community comparative tests shall be carried out within the
Community for the post-control of samples of basic seed, with the
exception of that of hybrid or synthetic varieties, and of certifiedseed of all kinds of oil and fibre plants, taken during checksampling. Satisfaction of the conditions with which the seed mustcomply may be checked during the post-control tests. The arrange-
ments for holding the tests and their results shall be submitted to
the Committee referred to in Article 20.’
7. The following Article shall be added after Article 20:
‘Article 20a
The Council, acting on a proposal from the Commission and in the
light of current scientific and technical knowledge, shall adopt anyamendments to be made to the Annexes.’
8. In Annex I (5) and Annex II (I) (2) (A), the words ‘castor bean’
and ‘Ricinus communis’, ‘Sesamum orientale L’, and all specifica-tions relating thereto, shall be deleted.
9. In Annex II (I) (2) (B) (e), the words ‘Cannabis sativa’ shall be
substituted for the words ‘Linum usitatissimum’.
Article 6
The Directive of 29 September 1970 on the marketing of vegetable
seed shall be amended as follows:
1. The following shall be substituted for Article 39 (1):
‘1. Community comparative tests shall be carried out within the
Community for the ►
C1post-control examination of samples ◄
of basic seed, with the exception of that of hybrid and syntheticvarieties, and of certified or standard vegetable seed, taken during
check sampling. Satisfaction of the conditions with which the seed
must comply may be checked during the post-control tests. Thearrangements for holding the tests and their results shall besubmitted to the Committee referred to in Article 40.’
2. The following Article shall be added after Article 40:
‘Article 40a
The Council, acting on a proposal from the Commission and in the
light of current scientific and technical knowledge, shall adopt anyamendments to be made to the Annexes.’1971L0162 — EN — 01.04.1971 — 000.001 — 7
▼B
Article 7
The Member States shall bring into force the laws, regulations or
administrative provisions necessary to comply:
(a) witheffect from 1 July 1970, withth e provisions of Article 1 (3),
of Article 2 (9), of Article 3 (4), of Article 4 (3) and of Article 5
(1), (2) and (7);
(b) not later than 1 July 1972, with the provisions of Article 1 (1), of
Article 2 (7) and (17), of Article 3 (2), of Article 4 (1), of Article 5(3) and of Article 6;
(c) not later than 1 July 1971, with the other provisions of this Direc-
tive.
Article 8
This Directive is addressed to the Member States.1971L0162 — EN — 01.04.1971 — 000.001 — 8