2002L0055 — 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 COUNCILDIRECTIVE2002/55/EC
of13June2002
onthemarketingofvegetable seed
(OJ L 193, 20.7.2002, p. 33)
Amended by:
Official Journal
No page date
►M1Council Directive 2003/61/EC of 18 June 2003 L 165 23 3.7.2003
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COUNCILDIRECTIVE2002/55/EC
of13June2002
onthemarketingofvegetable seed
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 70/458/EEC of 29 September 1970 on the
marketing of vegetable seed(2) has been frequently and substan-
tially amended (3). For reasons of clarity and rationality the said
Directive should be codified.
(2)The production of vegetable seed occupies an important place in
the agriculture of the Community.
(3)Satisfactory results in vegetable cultivation depend to a large
extent on the use of appropriate seed.
(4)Greater productivity will be achieved in Community vegetable
cultivation if for the choice of varieties accepted for marketingthe Member States apply uniform rules which are as strict as
possible.
(5)A common catalogue of varieties of vegetable species should be
compiled. This catalogue can be compiled only on the basis ofnational catalogues.
(6)All Member States should therefore compile one or morenational catalogues of the varieties accepted for certification,checking and marketing in their territory.
(7)These catalogues must be drawn upin accordance with uniform
rules so that the varieties accepted will be distinct, stable and
sufficiently uniform.
(8)Rules established at international level should be taken intoaccount for certain provisions relating to the approval of vari-
eties at national level.
(9)In order to carry out the examinations for the acceptance of a
variety, a large number of uniform criteria and minimumrequirements must be laid down.
(10)Provisions relating to the length of time during which acceptanceof a variety is to remain valid, the grounds on which acceptancemay be revoked and the practices for maintenance of the varietymust be standardized. Member States should inform one anotherof the acceptance and withdrawal of varieties.
(11)It is desirable to adopt rules in relation to the suitability ofvarietal denominations and for the exchange of informationbetween the Member States.
(12)Seed of varieties listed in the common catalogue of varietiesshould not be subject within the Community to any marketingrestrictions relating to variety.
(13)Furthermore, Member States should be given the right to raiseobjections to a variety.2002L0055 — EN — 10.07.2003 — 001.001 — 2
(1) Opinion delivered on 9 April 2002 (not yet published in the Official
Journal).
(2) OJ L 225, 12.10.1970. p. 7. Directive as last amended by Directive 98/96/
EC (OJ L 25, 1.2. 1999, p. 27).
(3) See Annex VI, part A.
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(14)The Commission should publish in the Official Journal of the
European Communities , C Series the varieties accepted in the
common catalogue.
(15)Provision should be made for measures recognising the equiva-
lence of examinations and controls of varieties carried out in
third countries.
(16)In the light of scientific and technical developments, it is nowpossible to breed varieties through genetic modification. There-
fore, when determining whether to accept genetically modified
varieties within the meaning of Council Directive 90/220/EECof 23 April 1990 on the deliberate release into the environmentof genetically modified organisms (
1) Member States should have
regard to any risk related to their deliberate release into the
environment. Furthermore, conditions under which such geneti-
cally modified varieties are accepted should be introduced.
(17)The marketing of novel foods and novel food ingredients is
regulated at Community level by Regulation (EC) No 258/97 of
the European Parliament and of the Council (2). Therefore, it is
appropriate for Member States also to have regard to any foodhealth risks when determining whether to accept varieties.Furthermore, conditions under which these varieties are acceptedshould be introduced.
(18)In the light of scientific and technical developments, rules inrelation to the admission of chemically treated seed and propa-gating material should be introduced.
(19)As a general rule, vegetable seed should be allowed to bemarketed only if it has been officially examined and certified,in accordance with the rules for certification, as basic seed or
certified seed. It should be possible under specified conditions
to place on the market bred seed of generations prior to basicseed and seed as grown.
(20)For certain species of vegetable, it is impossible to restrictmarketing to certified seed. The marketing of checked standardseed which must also possess varietal identity and purity shouldtherefore be allowed, these characteristics being subject,however, only to official post-control carried out in the field bysampling.
(21)In order to improve the quality of Community vegetable seed,certain requirements must be laid down as to minimum analy-tical purity and germination.
(22)In order to ensure the identity of the seed, Community rules onpackaging, sampling, sealing and marking should be laid down.It is desirable that provision also be made for official pre-control
of certified seed, and that the obligations should be laid down
which are to be fulfilled by the person marketing standard seedand certified seed made upin small p ackages.
(23)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.
(24)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.
(25)In order to ensure that both the requirements as to the quality ofthe seed and the provisions for ensuring its identity are compliedwith during marketing, the Member States must take provisionfor appropriate control arrangements.2002L0055 — EN — 10.07.2003 — 001.001 — 3
(1) OJ L 117, 8.5.1990, p. 15. Directive repealed by Directive 2001/18/EC of
the European Parliament and of the Council (OJ L 106, 17.4.2001, p. 1).
(2) OJ L 43, 14.2.1997, p. 1.
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(26)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.
(27)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.
(28)Provision should be made for authorising the marketing within
the Community of vegetable seed harvested in third countries
only if such seed affords the same assurances as seed officially
certified or marketed as standard seed within the Communityand complying with Community rules.
(29)During periods in which there are difficulties in obtainingsupplies of certified seed of the various categories or of standardseed, seed of a category subject to less strict requirements shouldtemporarily be permitted to be marketed, but also seeds of vari-eties not included in the common catalogue of varieties or in thenational catalogue of varieties.
(30)In order to harmonise the technical methods of certification andcontrol used in the Member States and to enable comparisons tobe made between seed certified within the Community and that
coming from third countries, Community comparative tests
should be established in Member States to permit annual post-control of seed of certain varieties of the category ‘basic seed’and of seed of the categories ‘certified seed’ and ‘standard seed’.
(31)Community rules should not apply to seed shown to be intendedfor export to third countries.
(32)This Directive should include certain species which may be
fodder plants or oil plants as well as vegetables. If, however,
certain species of seed are not normally reproduced or marketedin the territory of a Member State, provision should be made forrelease of that Member State from the obligation to apply thisDirective in respect of the species in question.
(33)It is desirable to organise temporary experiments for the purposeof seeking improved alternatives to certain provisions set out inthis Directive.
(34)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 theexercise of implementing powers conferred on the Commis-
sion(
1).
(35)This Directive must not affect the obligations of the Member
States concerning the deadlines for transposition of the Direc-
tives set out in Annex VI, 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 vegetable seed within the Community.
It shall not apply to vegetable seed shown to be intended for export to
third countries.
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 commercial2002L0055 — EN — 10.07.2003 — 001.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
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exploitation 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 as
marketing:
— 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 thecontract 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 with the procedure referred to in Article46(2);
(b) ‘vegetables’: means plants of following species intended for agri-
cultural or horticultural production but not for ornamental uses:
Allium cepa L. Onion
Allium porrum L. Leek
Anthriscus cerefolium (L.) Hoffm. Chervil
Apium graveolens L. Celery
Asparagus officinalis L. Asparagus
Beta vulgaris L. var. vulgaris Spinach beet, chard
Beta vulgaris L. var. conditiva
Alef.Red beet or beetroot
Brassica oleracea L. convar.
acephala (DC.) Alef. var. sabel-
licaL.Curly kale
Brassica oleracea L. convar.
botrytis(L.) Alef. var. botrytisL.Cauliflower
Brassica oleracea L. convar.
botrytis(L.) Alef. var. cymosa
Duch.Sprouting broccoli or
calabrese
Brassica oleracea L. convar.
oleracea var.gemmifera DC.Brussels sprouts
Brassica oleracea L. convar.
capitata(L.) Alef. var. sabaudaL.Savoy cabbage
Brassica oleracea L. convar.
capitata(L.) Alef. var. albaDC.Cabbage
Brassica oleracea L. convar.
capitata(L.) Alef. var. rubraDC.Red cabbage
Brassica oleracea L. convar.
acephala (DC.) Alef. var. gongy-
lodesL.Kohlrabi
Brassica pekinensis (Lour.) Rupr. Chinese cabbage
Brassica rapa L. var. rapa Turnip
Capsicum annuum L. Chili Pepper Capsicum
Cichorium endivia L. Endive2002L0055 — EN — 10.07.2003 — 001.001 — 5
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Cichorium intybus L.(partim) Witloof chicory, large-
leaved chicory (Italianchicory), Industrial chicory
Citrullus lanatus (Thunb.)
Matsum. et NakaiWater melon
Cucumis melo L. Melon
Cucumis sativus L. Cucumber, gherkin
Cucurbita maxima Duchesne Gourd
Cucurbita pepo L. Marrow
Cynara cardunculus L. Cardoon
Daucus carota L. Carrot
Foeniculum vulgare Miller Fennel
Lactuca sativa L. Lettuce
Lycopersicon lycopersicum (L.)
Karsten ex Farw.Tomato
Petroselinum crispum (Miller)
Nyman ex A. W. HillParsley
Phaseolus coccineus L. Runner bean
Phaseolus vulgaris L. French bean
Pisum sativum L.(partim) Pea, excluding Fieldpea
Raphanus sativus L. Radish
Scorzonera hispanica L. Scorzonera or Black salsify
Solanum melongena L. Aubergine or egg plant
Spinacia oleracea L. Spinach
Valerianella locusta (L.) Laterr. Corn salad or Lamb's lettuce
Vicia faba L.(partim) Broad bean
(c) ‘basic seed’: means seed
(i) which has been produced under the responsibility of the
breeder according to accepted practices for the maintenance
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 22, satisfies the
conditions laid down in Annexes I and II 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 produced directly from basic seed or, if the breeder
so requests, from seed of a generation prior to basic seedwhich can satisfy and has been found by official examinationto satisfy the conditions laid down in Annexes I and II for
basic seed;
(ii) which is intended mainly for the production of vegetables;
(iii) which, subject to the provisions of point (b) of Article 22,
satisfies the conditions laid down in Annexes I and II forcertified seed;
(iv) which has been found by official examination to satisfy the
aforementioned conditions;
(v) which is subject to official post-control by check inspection
to verify its varietal identity and varietal purity;2002L0055 — EN — 10.07.2003 — 001.001 — 6
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(e) ‘standard seed’: means seed
(i) which has sufficient varietal identity and varietal purity;
(ii) which is intended mainly for the production of vegetables;
(iii) which satisfies the conditions laid down in Annex II; and
(iv) which is subject to official post-control by check inspection
to verify its varietal identity and varietal purity;
(f) ‘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;
provided that the persons mentioned under (ii) and (iii) derive no
private gain from such measures;
(g) ‘EC small packages’: means packages containing seed up to a
maximum net weight of
(i) 5 kg for legumes;
(ii) 500 g for onions, chervil, asparagus, spinach beet or chard,
red beet or beetrood, turnips, water melon, gourd, marrows,
carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce;
(iii) 100 g for all other species of vegetable.
2. Amendments to be made to the list of species referred to in para-
graph 1(b) shall be adopted in accordance with the procedures referred
to in Article 46(2).
3. The different types of varieties, including the components, may
be specified and defined in accordance with the procedure laid downin Article 46(2).
Article 3
1. Member States shall provide that vegetable seed may no be certi-
fied, verified as standard seed and marketed unless the variety is
officially accepted in one or more Member States.
2. Each Member State shall establish one or more catalogues of the
varieties officially accepted for certification, verification as standardseed and marketing in its territory. The catalogues shall be subdivided
according to varieties:
(a) whose seed may be certified as either ‘basic seed’ or ‘certified
seed’, or may be verified as ‘standard seed’, and
(b) whose seed may not be verified except as standard seed.
Any person may consult the catalogues.3. A common catalogue of varieties of vegetable species shall, in
accordance with the provisions of Articles 16 and 17, be establishedon the basis of the national catalogues of the Member States.
4. Member States may provide that the acceptance of a variety for
inclusion in the common catalogue or in the catalogue of anotherMember State is equivalent to acceptance for inclusion in their owncatalogues. Member States making such provision shall be releasedfrom the obligations provided for in Article 7, Article 9(4) and Article
10(2) to (5).
Article 4
1. Member States shall ensure that a variety is accepted only if it is
distinct, stable and sufficiently uniform.
In the case of industrial chicory, the variety must be of satisfactory
value for cultivation and use.2002L0055 — EN — 10.07.2003 — 001.001 — 7
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2. In the case of a genetically modified variety within the meaning
of Article 2(1) and (2) of Council Directive 90/220/EEC the varietyshall be accepted only if all appropriate measures have been taken to
avoid adverse effects on human health and the environment.
3. However, where material derived from a plant variety is intended
to be used as a food or food ingredient falling within the scope of
Regulation (EC) No 258/97, these foods or food ingredients must not:
— present a danger for the consumer,
— mislead the consumer,
— differ from foods or food ingredients which they are intended to
replace to such an extent that their normal consumption would benutritionally disadvantageous for the consumer.
4. In the interest of conserving plant genetic resources as specified
in Article 44(2), the Member States may depart from the acceptancecriteria set out in the first subparagraph of paragraph 1 in so far as
specific conditions are established in accordance with the procedure
referred to in Article 46 considering the requirements of Article 44(3).
Article 5
1. A variety shall be regarded as distinct if, whatever the origin, arti-
ficial or natural, of the initial variation from which it has resulted, it is
clearly distinguishable in one or more important characteristics from
any other variety known in the Community.
The characteristics must be capable of precise recognition and of
precise definition.
A variety in the Community shall be any variety which, at the time
when the application for the acceptance of the variety to be assessed
is duly made, is:
— either listed in the common catalogue of varieties of vegetable
species or in the common catalogue of agricultural plant species,
— or, without being listed in one of those catalogues, has been
accepted or has been submitted for acceptance in the Member Statein question or in another Member State, either for certification andmarketing, or for certification for other countries, or for verificationas standard seed,
unless the aforementioned conditions are no longer fulfilled in all the
Member States concerned before the decision on the application for
acceptance of the variety to be assessed is taken.
2. A variety shall be regarded as stable if, after successive propaga-
tion or multiplications or at the end of each cycle (where the breeder
has defined a particular cycle of propagation or multiplications) it
remains true to the description of its essential characteristics.
3. A variety shall be regarded as sufficiently uniform if, apart from a
very few aberrations, the plants of which it is composed are, accountbeing taken of the distinctive features of the reproductive systems ofthe plants, similar or genetically identical as regards the characteristics,taken as a whole, which are considered for this purpose.
Article 6
Member States shall ensure that varieties coming from other Member
States are subject to the same requirements, in particular as regardsthe acceptance procedure, as those which apply to domestic varieties.
Article 7
1. Member States shall provide that acceptance of varieties be based
on the results of official examinations, particularly growing trials,
covering a sufficient number of characteristics for the variety to bedescribed. The methods used for determining characteristics must beaccurate and reliable. In order to establish distinctness, the growingtrials shall include at least the available comparable varieties whichare varieties known in the Community within the meaning of Article2002L0055 — EN — 10.07.2003 — 001.001 — 8
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5(1). For the purpose of applying Article 9, other available comparable
varieties shall be included. In the case of varieties whose seed may notbe verified except as standard seed, the results of unofficial examina-
tions and knowledge gained from practical experience during
cultivation may be taken into consideration in relation to the results ofan official examination.
It may be prescribed, in accordance with the procedure referred to in
Article 46(2) that, as from specified dates, varieties of certain vegetablespecies will no longer be accepted except on the basis of official tests.
2. The following shall be fixed in accordance with the procedure
referred to in Article 46(2), account being taken of current scientificand technical knowledge:
(a) the characteristics to be covered as a minimum by the examinations
of the various species;
(b) the minimum requirements for carrying out the examinations.
3. Where examination of the genealogical components is necessary
in order to study hybrids and synthetic varieties, Member States shall
ensure that the results of the examination and the description of the
genealogical components are, if the breeder so requests, treated asconfidential.
4. (a) In the case of a genetically modified variety referred to in
Article 4(4) an environmental risk assessment equivalent to thatlaid down in Directive 90/220/EEC shall be carried out.
(b) The procedures ensuring that the environmental risk assessment
and other relevant elements shall be equivalent to those laid
down in Directive 90/220/EEC shall be introduced on a proposal
from the Commission, in a Council Regulation based on theappropriate legal basis in the Treaty. Until this Regulation entersinto force genetically modified varieties shall only be acceptedfor inclusion in a national catalogue after having been acceptedfor marketing in accordance with Directive 90/220/EEC.
(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer apply
to genetically modified varieties once the Regulation referred toin point (b) above has entered into force.
(d) The technical and scientific details of the implementation of the
environmental risk assessment shall be adopted in accordance
with the procedure referred to in Article 46(2).
5. (a) Member States shall ensure that a variety intended to be used
for the purpose laid down in this paragraph is accepted only if:
— the food or the food ingredient has already been authorised
pursuant to Regulation (EC) No 258/97, or
— the authorisation decisions referred to in Regulation (EC) No
258/97 are taken in accordance with the procedure referred
to in Article 46(2).
(b) In the case laid down in the second indent of paragraph (a), the
criteria set out in Article 4(5) and the assessment principles laiddown in Regulation (EC) No 258/97 shall be taken into account.
(c) The technical and scientific details of the implementation of the
measures laid down in paragraph (b) shall be adopted in accor-
dance with the procedure referred to in Article 46(2).
Article 8
Member States shall require that when lodging an application for the
acceptance of a variety, the applicant indicates whether acceptance
has already been applied for in another Member State, which Member
State was concerned, and whether the application was granted.
Article 9
1. Member States shall arrange for official publication of the cata-
logue of varieties accepted in their territory and, where maintenancebreeding of the variety is required, the name of the person or persons2002L0055 — EN — 10.07.2003 — 001.001 — 9
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responsible for this in their countries. When several persons are respon-
sible for the maintenance of a variety, the names need not bepublished. If the names are not published, the catalogue shall indicate
the authority holding the list of names of persons responsible for main-
tenance of the variety.
2. Member States shall, as far as possible, ensure at the time of
acceptance that the variety is known by the same name in all Member
States.
If it is known that seed or propagating material of a given variety are
marketed in another country under a different name, that name shall
also be indicated in the catalogue.
In the case of varieties which are derived from varieties whose official
acceptance has been determined pursuant to Article 12(3), second andthird subparagraph, and which have been accepted in one or more
Member States as a result of the official measures referred to in that
provision, it may be decided, in accordance with the procedure referredto in Article 46(2), that all Member States of acceptance shall ensurethat the varieties bear names determined under the same procedureand complying with the above principles.
3. In taking into account the information available, Member States
shall also ensure that a variety which is not clearly distinguishable:
— from a variety previously accepted in the Member State in question
or in another Member State, or
— from another variety which has been assessed with regard to
distinctness, stability and uniformity in accordance with rules corre-
sponding to those of this Directive, without, however, being avariety known in the Community within the meaning of Article5(1),
bears the name of that variety. This provision shall not apply if this
name is likely to mislead or cause confusion concerning the variety inquestion, or if, pursuant to all the provisions of the Member Stateconcerned governing the names of varieties, other facts prevent itsutilisation, or if the rights of third parties impede the free use of thatname in connection with the variety in question.
4. Member States shall compile a special file on each variety
accepted, containing a description of the variety and a clear summaryof all the facts on which the acceptance was based. The description ofthe varieties shall relate to plants produced directly from seed of the
category ‘certified seed’ or the category ‘standard seed’.
5. Member States shall ensure that genetically modified varieties
which have been accepted are clearly indicated as such in the catalogue
of varieties. They shall further ensure that any person marketing such a
variety clearly indicates in his sales catalogue that the variety is geneti-cally modified.
6. 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 (
1) shall apply.
Detailed implementing rules as to the suitability of denominations of
varieties may be adopted in accordance with the procedure referred to
in Article 46(2).
Article 10
1. Any application or withdrawal of an application for acceptance of
a variety, any entry in a catalogue of varieties as well as any amend-
ment thereto shall be notified forthwith to the other Member States andthe Commission.2002L0055 — EN — 10.07.2003 — 001.001 — 10
(1) 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).
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2. Member States shall, for each new variety accepted, send the
other Member States and the Commission a brief description of itscharacteristics which have been noticed as a result of the acceptance
procedure. They shall, on request, also communicate a description of
the special characteristics which enable the variety to be distinguishedfrom other similar varieties.
3. Each Member State shall make available to the other Member
States and the Commission the files referred to in Article 9(4) on thevarieties which are accepted or which have ceased to be accepted.Information exchanged concerning these files shall be treated as confi-dential.
4. Member States shall ensure that the acceptance files are made
available for the personal and exclusive use of any person able toshow a legitimate interest. These provisions shall not apply where the
information must under Article 7(3) be treated as confidential.
5. Where acceptance of a variety is refused or revoked, the results of
the examinations shall be made available to persons affected by such
decision.
Article 11
1. Member States shall provide that the varieties accepted must be
maintained according to accepted practices for the maintenance of thevariety.
2. It must at all times be possible to check maintenance from the
records kept by the person or persons responsible for the variety. Theserecords shall also cover the production of all generations prior to basicseed.
3. Samples may be requested from the person responsible for the
variety. Such samples may if necessary be taken officially.
4. Where maintenance takes place in a Member State other than that
in which the variety was accepted, the Member States concerned shallassist each other administratively as regards checks.
Article 12
1. Acceptance shall be valid until the end of the tenth calendar year
following acceptance.
Acceptance of the varieties by the authorities of the former German
Democratic Republic prior to German unification shall be valid untilthe end of the tenth calendar year at the latest following their entry inthe catalogue of varieties drawn upby the Federal Rep ublic of
Germany in accordance with Article 3(1).
2. Acceptance of a variety may be renewed at given intervals if it is
still cultivated on such a scale as to justify this, or should be retained in
the interest of conserving plant genetic resources, and providing that
the requirements as to distinctness, uniformity and stability, or thecriteria determined under Article 44(2) and (3), are still satisfied.Except in the case of plant genetic resources within the meaning ofArticle 44, applications for renewal shall be submitted not later than
two years before expiry of acceptance.
3. The period of validity of acceptance shall be extended provision-
ally until a decision is taken on the application for renewal.
In the case of varieties for which acceptance has been granted before 1
July 1972 or, with regard to Denmark, Ireland and the UnitedKingdom, before 1 January 1973, the period mentioned in the first
subparagraph of paragraph 1 may be extended, in accordance with the
procedure referred to in Article 46(2), until 30 June 1990 at the latestfor individual varieties, where official measures organised on aCommunity basis have been taken before 1 July 1982 in order toensure that the conditions for the renewal of their acceptance or forthe acceptance of varieties derived from them are met.2002L0055 — EN — 10.07.2003 — 001.001 — 11
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With regard to Greece, Spain and Portugal, the expiry of the accep-
tance period for certain varieties for which acceptance has beengranted in those Member States before 1 January 1986 may, at the
request of those Member States, also be fixed for 30 June 1990, in
accordance with the procedure referred to in Article 46(2), and thevarieties concerned may be included in the official measures referredto in the second subparagraph.
Article 13
1. Member States shall ensure that any doubts which arise after the
acceptance of a variety concerning the appraisal of its distinctness or ofits name at the time of acceptance are removed.
2. Where, after acceptance of a variety, it is established that the
condition concerning distinctness within the meaning of Article 5 was
not fulfilled at the time of acceptance, acceptance shall be replaced by
another decision or, where appropriate, a revocation, which conformswith this Directive.
By this other decision, the variety shall, with effect from the date of its
initial acceptance, no longer be regarded as a variety known in theCommunity within the meaning of Article 5(1).
3. Where, after acceptance of a variety, it is established that its
name within the meaning of Article 9 was not acceptable when thevariety was accepted, the name shall be adapted in such a way that itconforms with this Directive. Member States may permit the previousname to be used temporarily as an additional name. The detailed
arrangements in accordance with which the previous name may be
used as an additional name may be laid down in accordance with theprocedure referred to in Article 46(2).
4. In accordance with the procedure referred to in Article 46(2) rules
may be established for the application of paragraphs 1, 2 and 3.
Article 14
1. Member States shall ensure that acceptance of a variety is
revoked:
(a) if it is proved, on examination, that the variety is no longer distinct,
stable or sufficiently uniform;
(b) if the person or persons responsible for the variety so request,
unless maintenance of the variety is assured.
2. Member States may revoke the acceptance of a variety:
(a) if the laws, regulations and administrative provisions adopted in
pursuance of this Directive are not complied with;
(b) if, at the time of the application for acceptance or during examina-
tion, false or fraudulent particulars were supplied concerning the
facts on the basis of which acceptance was granted.
Article 15
1. Member States shall ensure that a variety is deleted from their
catalogues if acceptance of the variety has been revoked or if theperiod of validity of the acceptance has expired.
2. Member States may, in respect of their own territory, allow a
period for the certification, verification as standard seed and marketingof seed upto 30 June of the third year at the most after exp iry of theacceptance.
In the case of varieties that were listed pursuant to Article 17(1) in the
common catalogue of varieties referred to in Article 18 the periodwhich expires last among those granted by the various Member Statesof acceptance under the first subparagraph shall apply to marketing inall the Member States, provided that the seed of the variety concernedhas not been subject to any marketing restriction as regards the variety.2002L0055 — EN — 10.07.2003 — 001.001 — 12
▼B
3. In the case of varieties the acceptance of which has been renewed
pursuant to Article 12(3), Member States may allow the names usedbefore such renewal to be used until 30 June 1994.
Article 16
1. Member States shall ensure that, with effect from the publication
referred to in Article 17, seed of varieties accepted in accordance with
the provisions of this Directive or in accordance with principles corre-
sponding to those of this Directive are subject to no marketingrestrictions relating to variety.
2. Member States may, upon application which shall be dealt with
as provided for in Article 46(2) or in Article 46(3) in the case ofgenetically modified varieties, be authorised to prohibit the use of thevariety in all or in part of its territory or to lay down appropriate condi-
tions for cultivating the variety in accordance, in cases provided for in
paragraph (b), with the conditions for using the products resulting fromsuch cultivation:
(a) where it is established that the cultivation of the variety could be
harmful from the point of view of plant health to the cultivationof other varieties or species; or
(b) where it has valid reasons other than those already mentioned or
which may have been mentioned during the procedure referred toin Article 10(2) for considering that the variety presents a risk forhuman health or the environment.
Article 17
The Commission shall, on the basis of the information supplied by the
Member States and as this is received, publish in the C Series of theOfficial Journal of the European Communities under the title ‘Common
Catalogue of Varieties of Agricultural Plant Species’ a list of all vari-
eties whose seed is subject under Article 16 to no marketing
restrictions as regards variety, and also the information required underArticle 9(1) concerning the person or persons responsible for mainte-nance of the variety. The published notice shall indicate the MemberStates which have received an authorisation under Article 16(2) orArticle 18.
The published notice shall list those varieties for which a period has
been applied in accordance with the second subparagraph of Article
15(2). This list shall indicate the length of the period and, where appro-priate, the Member States to which the period does not apply.
The published notice shall clearly indicate those varieties which have
been genetically modified.
Article 18
If it is established that the cultivation of a variety included in the
common catalogue of varieties could in any Member State be harmfulfrom the point of view of plant health to the cultivation of other vari-eties or species, or present a risk for the environment or for humanhealth, that Member State may upon application, be authorised in
accordance with the procedure referred to in Article 46(2) or in Article
46(3) in the case of a genetically modified variety to prohibit themarketing of the seed or propagating material of that variety in all orpart of its territory. Where there is imminent danger of the spread ofharmful organisms or imminent danger for human health or for the
environment, that prohibition may be imposed by the Member State
concerned as soon as its application has been lodged until such timeas a final decision has been taken. That decision shall be taken withina period of three months in accordance with the procedure laid down inArticle 46(2) or in Article 46(3) in the case of genetically modifiedvariety.2002L0055 — EN — 10.07.2003 — 001.001 — 13
▼B
Article 19
Where a variety ceases to be accepted in the Member State which initi-
ally accepted it, one or more other Member States may continue toaccept that variety provided that the requirements for acceptancecontinue to be met in their territory. If the variety in question is one
whose maintenance is required, this must remain assured.
Article 20
1. Member States shall provide that seed of industrial chicory may
not be placed on the market unless it has been officially certified as‘basic seed’ or ‘certified seed’.
2. Member States shall provided that seed of other vegetable species
may not be placed on the market unless it has been officially certifiedas ‘basic seed’ or ‘certified seed’, or is standard seed.
3. It may, however, under the procedure referred to in Article 46(2)
be provided that after specified dates seed of certain vegetable speciesmay not be placed on the market unless it has been officially certifiedas ‘basic seed’ or ‘certified seed’.
4. Member States shall ensure that official examinations of seeds are
carried out in accordance with current international methods, in so faras such methods exist.
Article 21
Notwithstanding Article 20(1) and (2), 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 22
Member States may, however, by way of derogation from the provi-
sions of Article 20:
(a) authorise the official certification and marketing of basic seed
which does not satisfy the conditions laid down in Annex II inrespect of germination. In this case, all necessary measures shall
be taken to ensure that the supplier guarantees a specific germina-
tion which he shall state for marketing purposes on a particularlabel bearing his name and address and the reference number ofthe seed lot;
(b) in order to make seed rapidly available, notwithstanding the fact
that the official examination to control compliance with the condi-
tions laid down in Annex II in respect of germination has not been
concluded, authorise the official certification and marketing as faras the first buyer by way of trade of seed of the categories ‘basicseed’ or ‘certified seed’. Certification shall be granted only onpresentation of a provisional analytical report on the seed andprovided that the name and address of the first consignee are given;
all necessary measures shall be taken to ensure that the supplier
guarantees the germination ascertained at the provisional analysis;this germination shall be stated for marketing purposes on a speciallabel bearing the name and address of the supplier and referencenumber of the lot.
These provisions shall not apply to seed imported from third countries,
save as otherwise provided in Article 36 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 inspection.2002L0055 — EN — 10.07.2003 — 001.001 — 14
▼B
Article 23
1. Notwithstanding Article 20(1) and (2), Member States may:
(a) authorise producers on their own territory to place on the market
small quantities of seed for scientific or selection purposes;
(b) authorise breeders and their representatives established in their
territory to market, for a limited period, seed belonging to a variety
for which an application for inclusion in a national catalogue hasbeen submitted in at least one Member State and for which specifictechnical information has been submitted.
2. The conditions under which Member States may grant the author-
isations referred to in paragraph (b) above shall be determined inaccordance with the procedure referred to in Article 46(2), particularlyas regards the acquisition of data, the type of data, the storage andname of the variety and the labelling of packages.
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 24
Member States may, as regards the conditions laid down in Annexes I
and II, impose additional or more stringent requirements for the certifi-cation of seed produced in their own territory.
Article 25
1. Member States shall require that for the examination of seed for
certification and for post-control tests, samples are drawn officially inaccordance with appropriate methods.
These provisions shall also apply where samples of standard seed are
drawn officially for post-control tests.
2. For the examination of seed for certification and for post-control
tests, samples shall be drawn from homogeneous lots; the maximum
weight of a lot and the minimum weight of a sample are given inAnnex III.
Article 26
1. Member States shall require that basic seed, certified seed and
standard seed be marketed only in sufficiently homogeneous lots andin sealed packages bearing, as prescribed in Articles 27 and 28, a
sealing device and markings.
2. Member States may, for the marketing of small quantities to the
final consumer, provide for derogations from the provisions of para-graph 1 in respect of packaging, sealing and marking.
3. Notwithstanding paragraph 1, Member States may authorise their
own producers to place on the market small packages of mixtures ofstandard seed of different varieties of the same species. The species,
where this provision applies, the rules for the maximum size of the
small packages and the requirements for labelling shall be establishedin accordance with the procedure referred to in Article 46(2).
Article 27
1. Member States shall require that packages of basic and certified
seed, not made upin the form of EC small p ackages, be sealed offi-cially or under official supervision in such a manner that they cannotbe opened without damaging the sealing system or leaving evidence
of tampering on either the official label provided for in Article 28(1)
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.2002L0055 — EN — 10.07.2003 — 001.001 — 15
▼B
The measures provided for in the second subparagraph shall not be
necessary where a non-reusable sealing system is used.
In accordance with the procedure referred to in Article 46(2) it may be
established whether a particular sealing system complies with theprovisions of this paragraph.
2. Packages which have been officially sealed shall not be resealed,
whether one or more times, except officially or under official supervi-
sion. If packages are resealed, the fact of resealing, the most recent
date of resealing and the authority responsible therefor shall be statedon the label required under Article 28(1).
3. Member States shall require that packages of standard seed and
small packages of seeds of the category certified seed be sealed insuch a manner that they cannot be opened without damaging thesealing system or without leaving evidence of tampering on the labelprovided for in Article 28(3) or the package. Except in the case of
small packages, they shall also bear a lead or an equivalent sealing
device attached by the person responsible for attaching labels. In accor-dance with the procedure referred to in Article 46(2), it may beestablished whether a particular sealing system complies with theprovisions of this paragraph. In the case of small packages of the cate-
gory certified seed, packages shall not be sealed on one or more
occasions except under official supervision.
4. Member States may provide for exceptions to paragraphs 1 and 2
in the case of small packages of basic seed closed on their own terri-tory. Conditions relating to these exceptions may be determined inaccordance with the procedure referred to in Article 46(2).
Article 28
1. Member States shall require that packages of basic seed and certi-
fied seed, except where seed of the latter category takes the form of
small packages:
(a) be labelled on the outside with an official label which has not
previously been used, which satisfies the conditions laid down inAnnex IV(A) and on which the information is given in one of theofficial languages of the Community. The label may be placedinside transparent packages provided it can be read. The colour of
the label shall be white for basic seed and blue for certified seed.
When a label with a string-hole is used, its attachment shall beensured in all cases with an official seal. If in cases under Article22, the basic seed does not satisfy the conditions laid down inAnnex II in respect of germination, this fact shall be stated on thelabel. The use of official adhesive labels shall be authorised. In
accordance with the procedure referred to in Article 46(2) the
indelible printing under official control of the prescribed informa-tion 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 IV(A)(a)(4)
to (7). This document shall be drawn upin such a manner that itcannot be confused with the official label referred to under (a).This document is most necessary if the information is printed indel-ibly on the package or if, in accordance with the provisions under(a), the label is inside a transparent package or an adhesive label or
a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph 1 in the
case of small packages sealed in their own territory. Conditions relating
to these exceptions may be determined in accordance with the proce-dure referred to in Article 46(2).
3. Packages of standard seed and small packages of seed of the cate-
gory ‘certified seed’ shall, as required under Annex IV(B), bear asupplier's label or a printed or stamped notice in one of the officiallanguages of the Community. The colour of the label shall be blue forcertified seed and dark yellow for standard seed.2002L0055 — EN — 10.07.2003 — 001.001 — 16
▼B
Save in the case of small packages of standard seed, the information
prescribed or authorised under this provision shall be kept clearly sepa-rate from any other information given on the label or the package,
including that provided for in Article 30.
After 30 June 1992 it may be decided, in accordance with the proce-
dure referred to in Article 46(2), that small packages of standard seedof all species or of some species should be subjected to this require-
ment or that the information prescribed or authorised be distinct in
some other way from any other information if the distinctive featureis expressly declared as such on the label or package.
4. In the case of varieties which are widely known on 1 July 1970,
reference may also be made on the label to any maintenance of the
variety which has been or will be declared in accordance with theprovisions of Article 41(2). It shall be prohibited to refer to any specialproperties which might be connected with such maintenance.
The date shall be:
— 1 January 1973 with regard to Denmark, Ireland and the United
Kingdom,
— 1 March 1986 with regard to Spain.
This reference shall follow the varietal name, from which it shall be
clearly separated, preferably by means of a dash. It shall not be given
greater prominence than the varietal name.
Article 29
Member States shall take all measures necessary to ensure that in the
case of small packages of certified seed the identity of the seed canbe verified, in particular at the time when seed lots are divided up. Tothis den, they may require that small packages made up in their terri-tory be sealed officially or under official supervision.
Article 30
1. In accordance with the procedure referred to in Article 46(2), it
may be provided that in cases other than those already provided for inthis Directive, packages of basic seed, certified seed of any kind or
standard seed shall bear a supplier's label (which may either be a label
separate from the official label or take the form of supplier's informa-tion printed on the package itself).
The particulars to be provided on any such label shall also be estab-
lished in accordance with the procedure referred to in Article 46(2).
2. In the case of basic and certified seed the label or the printing
referred to under paragraph 1 shall be drawn up in such a manner thatit cannot be confused with the official label referred to in Article 28(1).
Article 31
In the case of seed of a variety which has been genetically modified,
any label or document, official or otherwise, which is affixed to oraccompanies the seed lot, under the provisions of this Directive, shall
clearly indicate that the variety has been genetically modified.
Article 32
Member States shall require that any chemical treatment of basic seed,
certified seed or standard seed be noted either on the official label or
on the supplier's label and on the package or inside it. For smallpackages, this information may be printed directly on the package orinside it.
Article 33
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 with the provisions referred to in Article 46(2).2002L0055 — EN — 10.07.2003 — 001.001 — 17
▼B
In the framework of such experiments, Member States may be released
from certain obligations laid down in this Directive. The extent of thatrelease shall be defined with reference to the provisions to which it
applies. The duration of an experiment shall not exceed seven years.
Article 34
1. Member States shall ensure that seed which is placed on the
market under the provisions of this Directive, whether mandatory ordiscretionary, is not subject to any marketing restrictions as regards its
characteristics, examination requirements, marking and sealing other
than those laid down in this or any other Community Directive.
2. Until such time as a decision has been taken under Article 20(3)
any Member State may upon application, which will be dealt withunder the procedure referred to in Article 46(2), be authorised toprovide that after specified dates seed of certain species of vegetablemay not be placed on the market unless it has been officially certifiedas ‘basic seed’ or ‘certified seed’.
Article 35
The conditions under which bred seed of generations prior to basic
seed may be placed on the market under the first indent of Article 21,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 with this 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,
— month and year of sealing, or
— month and year of the last official sampling for the purposes of
certification,
— species, indicated at least under its botanical name, which may
be given in abridged form and without the authors' names, inRoman characters,
— 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 36
1. Member States shall provide that vegetable seed:
— which has been produced directly from basic seed or certified seed
officially certified either in one or more Member States or in a third
country which has been granted equivalence under Article 37(1)(d),or which has been produced directly from the crossing of basic seedofficially certified in a Member State with basic seed officiallycertified in such a third country, and
— which has been harvested in another Member State,
shall, on request and without prejudice to other provisions of this
Directive, be officially certified seed in any Member State if that seedhas undergone field inspection satisfying the conditions laid down inAnnex I for the relevant category and if official examination has shownthat the conditions laid down in Annex II for the same category aresatisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, Member States2002L0055 — EN — 10.07.2003 — 001.001 — 18
▼B
may also authorise official certification as basic seed, if the conditions
laid down for that category are satisfied.
2. Vegetable seed which has been harvested in the Community and
which is intended for certification in accordance with paragraph 1
shall:
— be packed and labelled with an official label satisfying the condi-
tions laid down in Annex V(A) and (B), in accordance with
Article 27(1), and
— be accompanied by an official document satisfying the conditions
laid down in Annex V(C).
The provisions in the first indent on packaging and labelling may be
waived if the authorities responsible for field inspections, thosedrawing upthe documents for the certification of seeds which havenot been definitively certified and those responsible for certificationare the same, or if they agree on exemption.
3. Member States shall also provide that vegetable seed
— which has been produced directly from basic seed or certified seed
officially certified either in one or more Member States or in a thirdcountry which has been granted equivalence under Article 37(1)(d)
or which has been produced directly from the crossing of basic seed
officially certified in a Member State with basic seed officiallycertified in such a third country, 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 the
conditions laid down in an equivalence decision made under Article
37(1)(a) for the relevant category, and if official examination hasshown that the conditions laid down in Annex II for the same categoryare satisfied. Other Member States may also authorise official certifica-tion of such seed.
Article 37
1. The Council, acting by a qualified majority on a proposal from
the Commission, shall determine whether:
(a) the official examinations of varieties carried out in the third
country afford the same assurances as those provided for in Article7 and carried out in the Member States;
(b) the checks on practices for the maintenance of the varieties carried
out in the third country afford the same assurances as those carried
out by the Member States;
(c) in the cases referred to in Article 36, the field inspections in the
third country satisfy the conditions laid down in Annex I;
(d) vegetable seed harvested in a third country and affording the same
assurances as regards its characteristics and the arrangements for itsexamination, for ensuring identity, for marking and for control, is
equivalent in these respects to basic seed, certified seed or standard
seed harvested within the Community and complying with theprovisions of this Directive.
2. Paragraph 1 shall also apply in respect of any new Member State
from the date of its accession to the date on which it is to bring intoforce the laws, regulations or administrative provisions necessary to
comply with this Directive.
Article 38
1. In order to remove any temporary difficulties in the general
supply of basic certified or standard seed that occur in the Communityand cannot be otherwise overcome, it may be decided in accordancewith the procedure referred to in Article 46(2) that Member States shallpermit, for a specified period, the marketing throughout the Commu-nity in quantities necessary to resolve the supply difficulties of seed2002L0055 — EN — 10.07.2003 — 001.001 — 19
▼B
of a category subject to less stringent requirements, or of seed of a
variety not included in the Common Catalogue of Varieties of Vege-table Species or in the national catalogues of varieties of the Member
States.
2. For a category of seed of any given variety, the official label or
suppliers' label shall be that provided for the corresponding category;
for seed of varieties not included in the abovementioned catalogues
the colour of the label shall be brown. The label shall always statethat the seed in question is of a category satisfying less stringentrequirements.
3. Rules for the application of paragraph 1 may be adopted in accor-
dance with the procedure referred to in Article 46(2).
Article 39
1. Member States shall ensure that official inspections are carried
out in relation to the marketing of vegetable seed, at least by randomchecks, to verify compliance with the requirements and conditions ofthis Directive.
2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures to ensurethat they are supplied with the following particulars during themarketing of quantities exceeding two kilograms of seed imported
from 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 with the procedure referred to in Article
46(2).
Article 40
Member States shall ensure that seed of the categories ‘certified seed’
and ‘standard seed’ is subject to official post-control in the field byinspection to compare their varietal identity and varietal purity againststandard controls.
Article 41
1. Member States shall ensure that the persons responsible for
affixing the labels for standard seed intended for marketing:
(a) inform them of the dates when their activities begin and end;
(b) keeprecords of all lots of standard seed and make them available
to the Member States for not less than three years;
(c) make available to Member States for not less than two years a
control sample of seed of varieties for which maintenance is notrequired;
(d) draw samples from each lot intended for marketing and make them
available to Member States for not less than two years.2002L0055 — EN — 10.07.2003 — 001.001 — 20
▼B
The operations referred to in points (b) and (d) shall be subject to offi-
cial checks carried out on a random basis. The obligation laid down inpoint (c) shall apply only to producers.
2. Member States shall ensure that any person intending in accor-
dance with Article 28(4) to make reference to a given maintenance of
a variety state this intention in advance.
Article 42
1. If it is repeatedly found, during post-control tests carried out in
the field, that seed of any one variety does not adequately satisfy theconditions laid down in respect of varietal identity or varietal purity,Member States shall ensure that the person marketing it is wholly orpartially forbidden to market such seed (where appropriate, for a speci-
fied period).
2. Any measures taken under paragraph 1 shall be withdrawn as
soon as it has been established with adequate certainty that the seed
intended for marketing will in future satisfy the conditions as to
varietal identity and varietal purity.
Article 43
1. Community comparative tests and trials shall be carried out
within the Community for the post-control examination of samples ofvegetable seed placed on the market under the provisions of this Direc-tive, whether mandatory or discretionary, and taken during sampling.
The comparative tests and trials may include the following:
— seed harvested in third countries,
— seed suitable for organic farming,— seed marketed in relation to the conservation in situand the sustain-
able use of plant genetic resources.
2. These comparative tests and trials shall be used to harmonise the
technical methods of certification and to check satisfaction of the
conditions with which the seed must comply.
3. The Commission, acting in accordance with the procedure
referred to in Article 46(2), shall make the necessary arrangements for
the comparative tests and trials to be carried out. The Commission shallinform the Committee referred to in Article 46(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 financial
contribution, shall be established in accordance with the procedurelaid down in Article 46(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 44
1. Specific conditions may be established in accordance with the
procedure referred to in Article 46(2) to take account of developmentsin relation to the conditions under which chemically treated seed may
be marketed.
2. Specific conditions shall be established in accordance with the
procedure referred to in Article 46(2) to take account of developments2002L0055 — EN — 10.07.2003 — 001.001 — 21
▼M1
▼B
▼B
in relation to the conservation in situ and the sustainable use of plant
genetic resources through growing and marketing of seed of:
(a) landraces and varieties which have been traditionally grown in
particular localities and regions and threatened by genetic erosionwithout prejudice to the provisions of Council Regulation (EC) No1467/94 of 20 June 1994 on the conservation, characterisation,collection and utilisation of genetic resources in agriculture (
1);
(b) varieties with no intrinsic value for commercial cropp roduction but
developed for growing under particular conditions.
3. The specific conditions referred to in paragraph 2 shall include in
particular the following points:
(a) in the case of paragraph 2, point (a), the landraces and varieties
shall be accepted in accordance with the provisions of this Direc-
tive. In particular the results of unofficial tests and knowledge
gained from practical experience during cultivation, reproductionand use and the detailed descriptions of the varieties and their rele-vant denominations, as notified to the Member State concerned,shall be taken into account and, if sufficient, shall result in exemp-
tion from the requirement of official examination. Upon acceptance
of such a landrace or variety, it shall be indicated as a ‘conserva-tion variety’ in the common catalogue;
(b) in the case of paragraph 2, points (a) and (b), appropriate quantita-
tive restrictions.
Article 45
Amendments to be made to the content of the Annexes in the light of
the development of scientific or technical knowledge shall be adopted
according to the procedure referred to in Article 46(2).
Article 46
1. The Commission shall be assisted by the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture and
Forestry set upby Article 1 of Council Decision 66/399/EEC (
2).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall
be set at one month.
3. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
4. The Committee shall adopt its rules of procedure.
Article 47
Save as otherwise provided in Article 18 and in Annexes I and II, this
Directive shall be without prejudice to the provisions of national lawsjustified on grounds of the protection of health and life of humans,animals or plants or the protection of industrial or commercial prop-
erty.
Article 48
1. Specific conditions may be established in accordance with the
procedure referred to in Article 46(2) to take account of developments
in the areas of:
(a) conditions under which chemically treated seed may be marketed;2002L0055 — EN — 10.07.2003 — 001.001 — 22
(1) OJ L 159, 28.6.1994, p. 1.
(2) OJ 125, 11.7.1966, p. 2289/66.
▼B
(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 include
species listed in Article 1 of Council Directive 2002/53/EC (1),
and are associated with specific natural and semi-natural habitatsand are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production may be
marketed.
2. The specific conditions referred to in paragraph 1(b) shall include
in particular the following points:
(a) the seed of these species shall be of a known provenance approved
by the appropriate authority in each Member State for marketingthe seed in defined areas;
(b) appropriate quantitative restrictions.
Article 49
Upon application by a Member State, which will be dealt with under
the procedure referred to in Article 46(2), that State may be wholly or
partially released from the obligation to apply this Directive, to certainspecies which are not normally reproduced or marketed in its territory,save where this would run counter to Articles 16(1) and 34(1).
Article 50
The Member States shall communicate to the Commission the text of
the main provisions of domestic law they adopt in the field coveredby this Directive.
The Commission shall inform the other Member States thereof.
Article 51
1. Directive 70/458/EEC, as amended by the Directives listed in
Annex VI part A, is hereby repealed without prejudice to the obliga-
tions of the Member States concerning the deadlines for transposition
of the said Directives set out in Annex VI part B.
2. References to the repealed Directive shall be construed as refer-
ences to this Directive and shall be read in accordance with thecorrelation table in Annex VII.
Article 52
This Directive shall enter into force the twentieth day following that of
its publication in the Official Journal of the European Communities .
Article 53
This Directive is addressed to the Member States.2002L0055 — EN — 10.07.2003 — 001.001 — 23
(1) See page 1 of this Official Journal.
▼B
ANNEX I
CONDITIONSFORCROPCERTIFICATION
1. The cropshall have sufficient varietal identity and varietal p urity.
2. In the case of basic seed, at least one official field inspection shall be carried
out. In the case of certified seed, at least one field inspection shall be carried
out, officially controlled by means of check inspection of at least 20 % of the
cropof each sp ecies.
3. The cultural condition of the field and the stage of development of the crop
shall be such as to permit varietal identity and varietal purity and health
status to be adequately checked.
4. The minimum distances from neighbouring plants which might result in
undesirable foreign pollination shall be:
A.Beta vulgaris
1. from any pollen sources of the genus Betanot
included below.1 000 metres;
2. from pollen sources of varieties of the same
subspecies belonging to a different group of
varieties:
(a) for basic seed 1 000 metres;(b) for certified seed 600 metres;
3. from pollen sources of varieties of the same
subspecies belonging to the same group of
varieties:
(a) for basic seed 600 metres;(b) for certified seed 300 metres.
The groups of varieties referred to in 2 and 3 shall be determined in
accordance with the procedure laid down in article 46(2).
B.Brassica species
1. from sources of foreign pollen liable to cause
serious deterioration of varieties of Brassica
species:
(a) for basic seed 1 000 metres;(b) for certified seed 600 metres;
2. from other sources of foreign pollen liable to
cross with varieties of Brassica species:
(a) for basic seed 500 metres;
(b) for certified seed 300 metres.
C.Industrial chicory
1. from other species of the same genera or
subspecies 1 000 metres;
2. from another variety of industrial chicory:
(a) for basic seed 600 metres;(b) for certified seed 300 metres.
D.Other species
1. from sources of foreign pollen liable to cause
serious deterioration of varieties of other
species as a result of cross-fertilisation:
(a) for basic seed 500 metres;
(b) for certified seed 300 metres;2002L0055 — EN — 10.07.2003 — 001.001 — 24
▼B
2. from other sources of foreign pollen liable to
cross with varieties of other species as a result
of cross-fertilisation:
(a) for basic seed 300 metres;
(b) for certified seed 100 metres.
These distances can be disregarded if there is sufficient protection from
any undesirable foreign pollination.
5. Diseases and harmful organisms which reduce the usefulness of the seed
shall be at the lowest possible level.2002L0055 — EN — 10.07.2003 — 001.001 — 25
▼B
ANNEX II
CONDITIONSTOBESATISFIEDBYTHESEED
1. The seeds shall have sufficient varietal identity and vavietal purity.
2. Diseases and harmful organisms which reduce the usefulness of the seed
shall be at the lowest possible level.
3. The seeds shall also satisfy the following conditions:
(a) Standards
SpeciesMinimum
analytical purity
(% by weight)Maximum
content of seeds
of other plant
species (% by
weight)Minimum
germination (%clusters or pure
seed)
Allium cepa 97 0,5 70
Allium porrum 97 0,5 65
Anthriscus cerefolium 96 1 70
Apium graveolens 97 1 70
Asparagus officinalis 96 0,5 70
Beta vulgaris (Cheltenham beet) 97 0,5 50
(clusters)
Beta vulgaris (other than Cheltenham beet) 97 0,5 70
(clusters)
Brassica oleracea (cauliflower) 97 1 70
Brassica oleracea (other subspecies) 97 1 75
Brassica pekinensis 97 1 75
Brassica rapa 97 1 80
Capsicum annuum 97 0,5 65
Cichorium intybus (partim) (Witloof chicory,
largeleaved chicory (Italian chicory)95 1,5 65
Cichorium intybus (partim) (industrial chicory) 97 1 80
Cichorium endivia 95 1 65
Citrullus lanatus 98 0,1 75
Cucumis melo 98 0,1 75
Cucumis sativus 98 0,1 80
Cucurbita maxima 98 0,1 80
Cucurbita pepo 98 0,1 75
Cynara cardunculus 96 0,5 65
Daucus carota 95 1 65
Foeniculum vulgare 96 1 70
Lactuca sativa 95 0,5 75
Lycopersicon lycopersicum 97 0,5 75
Petroselinum crispum 97 1 65
Phaseolus coccineus 98 0,1 80
Phaseolus vulgaris 98 0,1 75
Pisum sativum 98 0,1 80
Raphanus sativus 97 1 70
Scorzonera hispanica 95 1 70
Solanum melongena 96 0,5 65
Spinacia oleracea 97 1 75
Valerianella locusta 95 1 65
Vicia faba 98 0,1 802002L0055 — EN — 10.07.2003 — 001.001 — 26
▼B
(b) Additional requirements
(i) legume seed shall not be contaminated by the following live insects:
Acanthoscelides obtectus Sag.
Bruchus affinis Froel.
Bruchus atomarius L.
Bruchus pisorum L.
Bruchus rufimanus Boh.
(ii) seed shall not be contaminated by live Acarina.2002L0055 — EN — 10.07.2003 — 001.001 — 27
▼B
ANNEX III
WEIGHTREFERREDTOBYARTICLE25(2)
1. Maximum weight of a seed lot:
(a) seeds of Phaseolus vulgaris, Pisum sativum and
Vicia faba25 tonnes
(b) seed of a size not less than a grain of wheat, other
thanPhaseolus vulgaris, Pisum sativum andVicia faba20 tonnes
(c) seeds of a size smaller than a grain of wheat 10 tonnes
The maximum lot weight shall not be exceeded by more than 5 %.
2. Minimum weight of a sample
Species Weight (in g)
Allium cepa 25
Allium porrum 20
Anthricus cerefolium 20
Apium graveolens 5
Asparagus officinalis 100
Beta vulgaris 100
Brassica oleracea 25
Brassica pekinensis 20
Brassica rapa 20
Capsicum annuum 40
Cichorium intybus (partim) (Witloof chicory large-
leaved chicory (Italian chicory))15
Cichorium intybus (partim) (industrial chicory) 50
Cichorium endivia 15
Citrullus lanatus 250
Cucumis melo 100
Cucumis sativus 25
Cucurbita maxima 250
Cucurbita pepo 150
Cynara cardunculus 50
Daucus carota 10
Foeniculum vulgare 25
Lactuca sativa 10
Lycopersicon lycopersicum 20
Petroselinum crispum 10
Phaseolus coccineus 1 000
Phaseolus vulgaris 700
Pisum sativum 500
Raphanus sativus 50
Scorzonera hispanica 30
Solanum melongena 20
Spinacia oleracea 75
Valerianella locusta 20
Vicia faba 1 0002002L0055 — EN — 10.07.2003 — 001.001 — 28
▼B
In the case of F-1 hybrid varieties of the above species, the minimum weight
of the sample may be decreased to a quarter of the specified weight.
However the sample must have a weight of at least 5 g and consist of at least
400 seeds.2002L0055 — EN — 10.07.2003 — 001.001 — 29
▼B
ANNEX IV
LABEL
A.Officiallabel(basicseedandcertified seed,excludingsmallpackages)
I.Required information
1. ‘EC rules and standards’.
2. Certification authority and Member State or their initials.3. Month and year of sealing expressed thus: ‘sealed … (month and
year)’, or
month and year of the last official sampling for the purposes of certi-
fication expressed thus: ‘sampled … (month and year)’.
4. Reference number of lot.
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 its common name, or both.
6. Variety, indicated at least in roman characters.7. Category.8. Country of production.9. Declared net or gross weight or declared number of seeds.
10. Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the addi-
tive and also the approximate ratio between the weight of clusters
or pure seeds and total weight.
11. In the case of varieties which are hybrids or inbred lines:
— for basic seed where the hybrid or inbred line to which the seed
belongs has been officially accepted under this Directive:
the name of this component, under which it has been officially
accepted, with or without reference to the final variety, accompa-
nied, in the case of hybrids or inbred lines which are intended
solely as components for final varieties, by the word ‘compo-
nent’,
— for basic seed in other cases:
the name of the component to which the basic seed belongs,
which may be given in code form, accompanied by a reference
to the final variety, with or without reference to its function
(male or female), and accompanied by the word ‘component’,
— for certified seed:
the name of the variety to which the seed belongs, accompanied
by the word ‘hybrid’.
12. Where at least germination has been re-tested, the words ‘retested
…’; (month and year) may be indicated.
II.Minimum dimensions
110 × 67 mm
B.Supplier'slabelorinscriptiononthepackages(standardseedandsmall
packagesofthecategory‘certified seed’)
I.Required information
1. ‘EC rules and standards’.
2. Name and address of the person responsible for affixing the labels or
his identification mark.
3. Marketing year of the sealing or of the last examination of germina-
tion. The end of the marketing year may be indicated.
4. Species, indicated at least in roman characters.5. Variety, indicated at least in roman characters.
6. Category: in the case of small packages, certified seed may be
marked with the letter ‘C’ or ‘Z’ and standard seed with the letters
‘ST’.2002L0055 — EN — 10.07.2003 — 001.001 — 30
▼B
7. Reference number given by the person responsible for affixing the
labels — in the case of standard seed.
8. Reference number enabling the certified lot to be identified — in the
case of certified seed.
9. Declared net or gross weight or declared number of seeds, except for
small packages of up to 500 grams.
10. Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the addi-
tive and also the approximate ratio between the weight of clusters
of pure seeds and the total weight.
II.Minimum dimensions of the label (excluding small packages)
110 × 67 mm.2002L0055 — EN — 10.07.2003 — 001.001 — 31
▼B
ANNEX V
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 authorities' names,
or under its common name, or both,
— 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 authorities' names,
or under its common name, or both,
— 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 lot or 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 cropfrom which the
seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.2002L0055 — EN — 10.07.2003 — 001.001 — 32
▼B
ANNEX VI
PART A
REPEALEDDIRECTIVEANDITSSUCCESSIVEAMENDMENTS
(referred to by Article 51)
Directive 70/458/EEC (OJ L 225, 12.10.1970, p. 7)
Council Directive 71/162/EEC (OJ L 87, 17.4.1971, p. 24) only Article 6
Council Directive 72/274/EEC (OJ L 171, 29.7.1972, p. 37) only concerning references
made to the provisions of
Directive 70/458/EEC in Arti-
cles 1 and 2
Council Directive 72/418/EEC (OJ L 287, 26.12.1972, p. 22) only Article 6
Council Directive 73/438/EEC (OJ L 356, 27.12.1973, p. 79) only Article 6Council Directive 76/307/EEC (OJ L 72, 18.3.1976, p. 16) only Article 2
Council Directive 78/55/EEC (OJ L 16, 20.1.1978, p. 23) only Article 7
Council Directive 78/692/EEC (OJ L 236, 26.8.1978, p. 13) only Article 7Commission Directive 79/641/EEC (OJ L 183, 19.7.1979, p. 13) only Article 4
Council Directive 79/692/EEC (OJ L 205, 13.8.1979, p. 1) only Article 4
Council Directive 79/967/EEC (OJ L 293, 20.11.1979, p. 16) only Article 3Council Directive 80/1141/EEC (OJ L 341, 16.12.1980, p. 27) only Article 2
Council Directive 86/155/EEC (OJ L 118, 7.5.1986, p. 23) only Article 6
Commission Directive 87/120/EEC (OJ L 49, 18.2.1987, p. 39) only Article 5Commission Directive 87/481/EEC (OJ L 273, 26.9.1987, p. 45)
Council Directive 88/332/EEC (OJ L 151, 17.6.1988, p. 82) only Article 8
Council Directive 88/380/EEC (OJ L 187, 16.7.1988, p. 31) only Article 7Council Directive 90/654/EEC (OJ L 353, 17.12.1990, p. 48) only concerning references
made to the provisions of
Directive 70/458/EEC in Article
2 and Annex II (I)(7)
Commission Directive 96/18/EC (OJ L 76, 26.3.1996, p. 21) only Article 3Commission Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) only Article 1(6)
Council Directive 98/95/EC (OJ L 25, 1.2.1999, p. 1) only Article 7
Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27) only Article 72002L0055 — EN — 10.07.2003 — 001.001 — 33
▼B
PART B
DEADLINESFORTRANSPOSITIONINTONATIONALLAW
(referred to by Article 51)
Directive Deadline for transposition
70/458/EEC 1 July 1972(1)(2)
71/162/EEC 1 July 1972
72/274/EEC 1 July 1972 (Article 1)
1 January 1973 (Article 2)
72/418/EEC 1 January 1973 (Article 6(13) and 6(18))
1 July 1972 (other provisions)
73/438/EEC 1 January 1974 (Article 6(4))
1 July 1974 (other provisions)
76/307/EEC 1 July 1975
78/55/EEC 1 July 1977 (Article 7(5))
1 July 1979 (other provisions)
78/692/EEC 1 July 1977 (Article 7)
1 July 1979 (other provisions)
79/641/EEC 1 July 1980
79/692/EEC 1 July 1977
79/967/EEC 1 July 1982
80/1141/EEC 1 July 1980
86/155/EEC 1 March 1986 (Article 6(3) and 6(8))
1 July 1987 (other provisions)
87/120/EEC 1 July 1988
87/481/EEC 1 July 1989
88/332/EEC
88/380/EEC 1 July 1982 (Article 7(9))
1 January 1986 (Article 7(6) and 7(10))
1 July 1992 (Article 7(18))
1 July 1990 (other provisions)
90/654/EEC96/18/EC 1 July 1996
96/72/EC 1 July 1997(
3)
98/95/EC 1 February 2000 (Corrigendum OJ L 126, 20.5.1999, p.
23)
98/96/EC 1 February 2000
(1) For Denmark, Ireland and the United Kingdom, 1 July 1973; for Greece, 1 January 1986; for Spain, 1 March
1986; and for Portugal, 1 January 1991.
(2) 1 January 1995 for Austria, Finland and Sweden.
However:— Finland and Sweden may postpone until 31 December 1995 at the latest, the application in their territories of
this Directive with regard to the marketing in their territories of seeds of varieties listed in their respectivenational catalogues of varieties of agricultural plant species and varieties of vegetable plant species which
have not been officially accepted in accordance with the provisions of this Directive. Seeds of such varieties
shall not be allowed to be marketed in the territory of the other Member States during this period,
— varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are
listed in both the respective national catalogues of Finland and Sweden and in the common catalogues, shallnot be subject to any marketing restrictions as regards variety,
— throughout the period mentioned in the first indent, those varieties in the respective national catalogues of
Finland and Sweden which have been officially accepted in accordance with the provisions of the above-mentioned Directive shall be included in the common catalogues of varieties of agricultural or vegetableplant species, respectively.
(
3) Remaining stocks of labels bearing the abbreviation ‘EEC’ may continue to be used until 31 December 2001.2002L0055 — EN — 10.07.2003 — 001.001 — 34
▼B
ANNEX VII
CORRELATIONTABLE
Directive 70/458/EEC This Directive
Article 1 Article 1, first subparagraph
Article 34 Article 1, second subparagraph
Article 1(a) 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) Article 2(1)(d)(iv)
Article 2(1)(C)(e) Article 2(1)(d)(v)
Article 2(1)(D)(a) Article 2(1)(e)(i)
Article 2(1)(D)(b) Article 2(1)(e)(ii)
Article 2(1)(D)(c) Article 2(1)(e)(iii)
Article 2(1)(D)(d) Article 2(1)(e)(iv)
Article 2(1)(E)(a) Article 2(1)(f)(i)
Article 2(1)(E)(b) Article 2(1)(f)(ii)
Article 2(1)(E)(c) Article 2(1)(f)(iii)
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)a Article 2(2)
Article 2(1)(b) Article 2(3)
Article 3 to 8 Article 3 to 8
Article 9 —
Article 10 Article 9
Article 11 Article 10
Article 12 Article 11
Article 13 Article 12
Article 13a Article 13
Article 14 Article 14
Article 15(1) Article 15(1)
Article 15(2) Article 15(2)
Article 15(3) —
Article 16(1) Article 16(1)
Article 16(2) Article 16(2)
Article 16(3) to (5) —
Article 17 to 19 Article 17 to 19
Article 20(1) Article 20(1)
Article 20(1)(a) Article 20(2)
Article 20(2) Article 20(3)
Article 20(3) Article 20(4)Article 20(5) —2002L0055 — EN — 10.07.2003 — 001.001 — 35
▼B
Directive 70/458/EEC This Directive
Article 20a Article 21
Article 21 Article 22Article 21a Article 23Article 22 Article 24Article 23 Article 25Article 24 Article 26Article 25 Article 27Article 26(1) Article 28(1)Article 26(1)(a) Article 28(2)Article 26(1)(b) Article 28(3)Article 26(2), subparagraph (1) to (3) Article 28(4), subparagraph (1) to (3)Article 26(2) to (4) —Article 27 Article 29Article 28 Article 30Article 28a Article 31Article 29 Article 32Article 29a Article 33Article 30 Article 34Article 30a Article 35
Article 31 Article 36
Article 32(1) Article 37(1)Article 32(3) Article 37(2)Article 33 Article 38Article 35 Article 39Article 36 Article 40Article 37 Article 41Article 38 Article 42Article 39 Article 43Article 39a(1) and (2) Article 44(1) and (2)Article 39a(3)(i) Article 44(3)(a)Article 39a(3)(ii) Article 44(3)(b)Article 40b Article 45Article 40 Article 46(1), (2) and (4)Article 40a Article 46(1), (3) and (4)Article 41 Article 47Article 41a(1) Article 48(1)Article 41a(2)(i) Article 48(2)(a)Article 41a(2)(ii) Article 48(2)(b)Article 42 Article 49
— Article 50(
1)
— Article 51— Article 52— Article 53ANNEX I(1) ANNEX I(1)ANNEX I(2) ANNEX I(2)ANNEX I(3) ANNEX I(3)ANNEX I(4)(A) ANNEX I(4)(A)ANNEX I(4)(A)(a) ANNEX I(4)(B)2002L0055 — EN — 10.07.2003 — 001.001 — 36
▼B
Directive 70/458/EEC This Directive
ANNEX I(4)(A)(b) ANNEX I(4)(C)
ANNEX I(4)(B) ANNEX I(4)(D)
ANNEX I(5) ANNEX I(5)
ANNEX II ANNEX II
ANNEX III ANNEX III
ANNEX IV(A)(a)(1) ANNEX IV(A)(a)(1)
ANNEX IV(A)(a)(2) ANNEX IV(A)(a)(2)
ANNEX IV(A)(a)(3) ANNEX IV(A)(a)(3)
ANNEX IV(A)(a)(4) ANNEX IV(A)(a)(4)
ANNEX IV(A)(a)(5) ANNEX IV(A)(a)(5)
ANNEX IV(A)(a)(6) ANNEX IV(A)(a)(6)
ANNEX IV(A)(a)(7) ANNEX IV(A)(a)(7)
ANNEX IV(A)(a)(8) ANNEX IV(A)(a)(8)
ANNEX IV(A)(a)(9) ANNEX IV(A)(a)(9)
ANNEX IV(A)(a)(10) ANNEX IV(A)(a)(10)
ANNEX IV(A)(a)(10)(a) ANNEX IV(A)(a)(11)
ANNEX IV(A)(a)(11) ANNEX IV(A)(a)(12)
ANNEX IV(A)(b) ANNEX IV(A)(b)ANNEX IV(B) ANNEX IV(B)
ANNEX V ANNEX V
— ANNEX VI
— ANNEX VII
(1) 98/95/EC, Article 9(2) and 98/96/EC, Article 8(2).2002L0055 — EN — 10.07.2003 — 001.001 — 37