1988L0380 — EN — 24.06.1988 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of13June1988
amendingDirectives66/400/EEC,66/401/EEC,66/402/EEC,66/403/EEC,69/208/EEC,70/457/EEC
and70/458/EEConthemarketingofbeetseed,fodderplantseed,cereal seed,seedpotatoes,seedofoilandfibreplantsandvegetableseedandonthecommoncatalogueofvarietiesofagricultural
plantspecies
(88/380/EEC)
(OJ L 187, 16.7.1988, p. 31)
Corrected by:
►C1Corrigendum, OJ L 234, 26.8.1997, p. 27 (88/380/EEC)
▼B
COUNCILDIRECTIVE
of13June1988
amendingDirectives66/400/EEC,66/401/EEC,66/402/EEC,66/403/
EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketingof beet seed, fodder plant seed, cereal seed, seed potatoes, seed ofoil and fibre plants and vegetable seed and on the common cata-
logueofvarietiesofagricultural plantspecies
(88/380/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas, for the reasons given below, the following Directives on the
marketing of seed and propagating material should be amended:
— Council Directive 66/400/EEC of 14 June 1966 on the marketing of
beet seed(3), aslas t amended by Directive 88/95/EEC(4),
— Council Directive 66/401/EEC of 14 June 1966 on the marketing of
fodder plant seed(5), aslas t amended by Directive 87/480/EEC(6),
— Council Directive 66/402/EEC of 14 June 1966 on the marketing of
cereal seed(7), aslas t amended by Directive 87/120/EEC(8),
— Council Directive 66/403/EEC of 14 June 1966 on the marketing of
seed potatoes(9), aslas t amended by Directive 87/374/EEC(10),
— Council Directive 69/208/EEC of 30 June 1969 on the marketing of
seed of oil and fibre plants(11), aslas t amended by Directive 87/
480/EEC,
— Council Directive 70/457/EEC of 29 September 1970 on the
common catalogue of varietiesof agricultural plant s pecies (12), as
last amended by Directive 86/155/EEC(13),
— Council Directive 70/458/EEC of 29 September 1970 on the
marketing of vegetable seed(14), aslas t amended by Directive 87/
481/EEC(15);
Whereas, owing to their increased importance in the Community,
rescue grass, Alaska brome-grass, California bluebell, triticale, Chinesecabbage and industrial chicory should be included in the scope of theDirectives; whereas, for the same reason, hybrid varieties of certainadditional cereal species and sunflower should also be included in thescope of the Directives; whereas the conditions to be satisfied by the
crop and by the seed of those species and variety types should be in
conformity with the schemes for seed moving in international tradelaid down by the Organization for Economic Cooperation and Develop-ment (OECD), except for cross-pollinating varieties of triticale andhybrid varieties of certain additional cereal species, where the OECD
has not yet adopted such conditions;1988L0380 — EN — 24.06.1988 — 000.001 — 2
(1) OJ No C 356, 31. 12. 1985, p. 37.
(2) OJ No C 68, 24. 3. 1986, p. 155.
(3) OJ No 125, 11. 7. 1966, p. 2290/66.
(4) OJ No L 56, 2. 3. 1988, p. 42.
(5) OJ No 125, 11. 7. 1966, p. 2298/66.
(6) OJ No L 273, 26. 9. 1987, p. 43.
(7) OJ No 125, 11. 7. 1966, p. 2309/66.
(8) OJ No L 49, 18. 2. 1987, p. 39.
(9) OJ No 125, 11. 7. 1966, p. 2320/66.
(10) OJ No L 197, 18. 7. 1987, p. 36.
(11) OJ No L 169, 10. 7. 1969, p. 3.
(12) OJ No L 225, 12. 10. 1970, p. 1.
(13) OJ No L 118, 7. 5. 1986, p. 23.
(14) OJ No L 225, 12. 10. 1970, p. 7.
(15) OJ No L 273, 26. 9. 1987, p. 45.
▼B
Whereas it seems advisable, on the one hand, to revise certain provi-
sions in order to facilitate the reproduction of seed in Member Statesother than that of origin and, on the other hand, to provide for Commu-
nity measures to ensure the identity of that seed marketed as grown for
processing;
Whereas it seems advisable that additional periods should be granted to
Member States to allow seed of self-pollinating cereal species whichhas not been the subject of an official field inspection to be certified
officially under certain conditionsand to permit the marketing of
specific varieties of rye not satisfying certain conditions laid down inAnnex II to Directive 66/402/EEC, in order that the necessary experi-ence for a more general and definitive solution may be acquired, inparticular, with regard to rye, in the light of information to be suppliedby the United Kingdom;
Whereas it seems advisable that, for the purpose of seeking improved
alternative solutions to certain elements of the certification schemesadopted under the Directives, temporary experiments under specificconditions should be organized; whereas, therefore, a legal basis tothat effect should be introduced;
Whereasthe provis ionson the information required for the official
label in respect of species and variety names should be improved with
the aim of providing better information for seed users and facilitatingintra-Community trade;
Whereas it should be ensured that the suppliers' labels required under
national provisions are drawn up in such a way that they cannot beconfused with the official labels;
Whereas it is desirable to make it easier for Member States to exclude
seed of cereal species or oil and fibre plant species of low economicimportance from the scope of Directives 66/402/EEC and 69/208/EEC;
Whereas, in the case of Directive 70/458/EEC, certain provisions on
varieties of vegetable species should be adapted in such a manner as
to permit current developmentsto be taken into account in the proces s
of renewal of the official acceptance of certain varieties;
Whereas, as a general rule, the conditions in respect of the value of a
variety for cultivation or use should not be required for the acceptanceof varieties (inbred lines, hybrids) which are intended solely as compo-nentsfor hybrid varieties ;
Whereas it should be possible to require the suitability for specific
purposes of varieties of grasses not intended for the production offodder plantsto be s hown;
Whereasapplicationsby the Hellenic Republic to be authorized to
prohibit the marketing in all or part of itsterritory of s eed or propa-gating material of certain varietieslis ted in the Common Catalogue of
Varietiesof Agricultural Plant Speciesor the Common Catalogue of
Varieties of Vegetable Species should be taken into consideration inorder to permit the Hellenic Republic to complete the adaptation of itsseed and propagating material production and marketing to theCommunity requirementsrelating to the common catalogues ;
Whereas it is useful to clarify certain provisions of the abovementioned
Directives;
Whereasit isappropriate to pos tpone the date of implementation of the
amendmentsalready made to the abovementioned DirectivesbyCouncil Directive 86/155/EEC and Commission Directive 86/320/EECso as to bring the date into conformity with the main date of implemen-tation of thisDirective,1988L0380 — EN — 24.06.1988 — 000.001 — 3
▼B
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 66/400/EEC ishereby amended asfollows :
1. in Article 2 (1) (E), ‘(bb)’ isreplaced by ‘(aa) (a) and (bb)’;
2. the following paragraph isins erted in Article 2:
‘1a. The different types of varieties, including the components,
eligible for certification under the provisions of this Directive,may be specified and defined in accordance with the procedure
laid down in Article 21.’;
3. former Article 12 becomesArticle 12 (1);4. the following paragraph isadded in Article 12:
‘2. The label referred to in paragraph 1 shall be drawn up in
such a manner that it cannot be confused with the official label
referred to in Article 11 (1).’;
5. the following Article 13a isins erted:
‘Article 13a
For the purpose of seeking improved alternatives to certain
elementsof the certification s cheme adopted under thisDirective,it may be decided to organize temporary experimentsunder s peci-fied conditionsat Community level in accordance with theprovisions laid down in Article 21.
In the framework of such experiments, Member States may be
released from certain obligations laid down in this Directive. Theextent of that release shall be defined with reference to the provi-sions to which it applies. The duration of an experiment shall not
exceed seven years.’;
6. in Article 14 (2) (c), ‘(bb)’ isreplaced by ‘(aa) (a) and (bb)’;7. the fifth and sixth indents of Article 14 (3) (c) are replaced by the
following:
‘— species, indicated at least in roman characters, under its bota-
nical name, which may be given in abridged form and withoutthe authorities' names, or under its common name, or both;indication whether sugar beet or fodder beet,
— variety, indicated at least in roman characters,’;
8. Article 15 isreplaced by the following:
‘Article 15
1. Member States shall provide that beet seed— which has been produced directly from basic seed officially
certified in one or more Member Statesor in a third countrywhich hasbeen granted equivalence under Article 16 (1) (b),and
— which hasbeen harves ted in another Member State,
shall, on request and without prejudice to the provisions of Direc-
tive 70/457/EEC, be officially certified ascertified s eed in any
Member State if that seed has undergone field inspection satisfyingthe conditionslaid down in Annex I (A) for the relevant categoryand if official examination hass hown that the conditionslaid downin Annex I (B) for the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, MemberStates may also authorize official certification as basic seed, if theconditions laid down for that category are satisfied.1988L0380 — EN — 24.06.1988 — 000.001 — 4
▼B
2. Beet seed which has been harvested in another Member State,
and which isintended for certification in accordance with theprovisions laid down in paragraph 1, shall
— be packed and labelled with an official label satisfying the
conditionslaid down in Annex IV (A) and (B), in accordancewith the provisions laid down in Article 10 (1), and
— be accompanied by an official document satisfying the condi-
tionslaid down in Annex IV (C).
3. The Member States shall also provide that beet seed— which has been produced directly from basic seed officially
certified in one or more Member Statesor in a third countrywhich hasbeen granted equivalence under Article 16 (1) (b),
and
— which hasbeen harves ted 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 orofficially certified, if the seed has undergone field inspection satis-fying the conditionslaid down in an equivalence decis ion made
under Article 16 (1) (a) for the relevant category, and if official
examination hass hown that the conditionslaid down in Annex I(B) for the same category are satisfied. Other Member States mayalso authorize official certification of such seed.’;
9. Annex III (A) (I) (4) isreplaced by the following:
‘4. Species, indicated at least in roman characters, under its bota-
nical name, which may be given in abridged form and withoutthe authorities' names, or under its common name, or both;indication whether sugar beet or fodder beet’;
10. the following isadded to Annex III (A) (I) (5):
‘indicated at least in roman characters.’;
11. Annex III (B) (6) isreplaced by the following:
‘6. Species, indicated at last in roman characters; indication
whether sugar beet of fodder beet,’;
12. the following isadded to Annex III (B) (7):
‘indicated at least in roman characters,’;
13. the following Annex isadded:
‘ANNEX IV
Label and document provided in the case of seed not finally
certified, harvestedinanotherMember State
A.Information required for the label
— 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; indication whether sugar beet or fodder beet,
— variety, indicated at least in roman characters,
— category,
— field or lot reference number,
— declared net or gross weight,
— the words“s eed not finally certified”.
B.Colour of the label
The label shall be grey.
C.Information required for the document
— authority issuing the document,1988L0380 — EN — 24.06.1988 — 000.001 — 5
▼B
— species, indicated at least in roman characters, under its
botanical name, which may be given in abridged form andwithout the authorities' names, or under its common name,
or both; indication whether sugar beet or fodder beet,
— variety, indicated at least in roman characters,
— category,— reference number of the seed used to sow the field and
name of the country or countrieswhich certified that s eed,
— field or lot reference number,
— area cultivated for the production of the lot covered by the
document,
— quantity of seed harvested and number of packages,
— attestation that the conditions to be satisfied by the crop
from which the seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.’
Article 2
Directive 66/401/EEC ishereby amended asfollows :
1. in Article 2 (1) (A) (a),
‘Bromus catharticus Vahl Rescue grass
‘Bromus sitchensis Trin. Alaska brome-grass’
isins erted after
‘Arrhenatherum elatius (L.) P.
Beau. ex J. S. and K. B. Presl.Tall oatgrass’
and in Article 2 (1) (A) (c),
‘Phacelia tanacetifolia Benth. California bluebell’
isins erted after
‘Brassica oleracea L. convar.
acephala (DC)
Alef. var. medullosa Thell + var.
viridisL. Fodder kale’;
2. in Article 2 (1a) of the English version, ‘descriptions’ is replaced
by ‘names’;
3. former Article 2 (1b) and (1c) become 2 (1c) and (1d) respectively;4. the following paragraph isins erted in Article 2:
‘1b. The different types of varieties, including the components,
eligible for certification under thisDirective may be s pecified anddefined in accordance with the procedure laid down in Article 21.’;
5. former Article 11 becomesArticle 11 (1);6. the following paragraph isadded in Article 11:
‘2. The label referred to in paragraph 1 shall be drawn up in
such a manner that it cannot be confused with the official labelreferred to in Article 10 (1).’;
7. the following Article 13a isins erted:
‘Article 13a
For the purpose of seeking improved alternatives to certain
elementsof the certification s cheme adopted under thisDirective,
it may be decided to organize temporary experimentsunder s peci-
fied conditionsat Community level in accordance with theprocedure laid down in Article 21.
In the framework of such experiments, Member States may be
released from certain obligations laid down in this Directive. The1988L0380 — EN — 24.06.1988 — 000.001 — 6
▼B
extent of that release shall be defined with reference to the provi-
sions to which it applies. The duration of an experiment shall notexceed seven years.’;
8. the fifth and sixth indents of Article 14 (3) (c) are replaced by the
following:
‘— species, indicated at least under its botanical name, which may
be given in abridged form and without the authorities' names,in roman characters,
— variety, indicated at least in roman characters,’;
9. the following sentence is added to Article 14 (3):
‘In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indicate
the botanical name in respect of individual species and, where
appropriate, for limited periods where it has been established thatthe disadvantages of its implementation outweigh the advantagesexpected for the marketing of seed.’;
10. Article 15 isreplaced by the following:
‘Article 15
1. The Member States shall provide that fodder plant seed— which has been produced directly from basic seed or certified
seed officially certified either in one or more Member Statesor in a third country which hasbeen granted equivalence underArticle 16 (1) (b), or which hasbeen produced directly from the
crossing of basic seed officially certified in a Member State
with basic seed officially certified in such a third country, and
— which hasbeen harves ted in another Member State,
shall, on request and without prejudice to the provisions of Direc-
tive 70/457/EEC, be officially certified ascertified s eed in anyMember State if that seed has undergone field inspection satisfyingthe conditionslaid down in Annex I for the relevant category andif official examination hass hown that the conditionslaid down in
Annex II for the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, Member
States may also authorize official certification as basic seed, if theconditions laid down for that category are satisfied.
2. Fodder plant seed which has been harvested in another
Member State, and which isintended for certification in accor-dance with the provisions laid down in paragraph 1, shall:
— be packed and labelled with an official label satisfying the
conditionslaid down in Annex V (A) and (B), in acordancewith the provisions laid down in Article 9 (1), and
— be accompanied by an official document satisfying the condi-
tionslaid down in Annex V (C).
3. The Member States shall also provide that fodder plant seed— which has been produced directly from basic seed or certified
seed officially certified either in one or more Member Statesor in a third country which hasbeen granted equivalence underArticle 16 (1) (b), or which hasbeen produced directly from thecrossing of basic seed officially certified in a Member State
with basic seed officially certified in such a third country, and
— which hasbeen harves ted in a third country,
shall, on request, be officially certified as certified seed in any of
those Member States where the basic seed or certified seed referred
to above waseither produced or officially certified, if the s eed has
undergone field inspection satisfying the conditions laid down inan equivalence decision made under Article 16 (1) (a) for the rele-vant category, and if official examination hass hown that theconditions laid down in Annex II for the same category are satis-1988L0380 — EN — 24.06.1988 — 000.001 — 7
▼B
fied. Other Member Statesmay als o authorize official certification
of such seed.’;
11. in Annex I (2) in the first column of the table, ‘Phacelia tanaceti-
folia’isins erted each time after ‘ Brassica spp.’;
12. in the second sentence of the French version of Annex I (3) ‘la
variété’ isreplaced by ‘l'es pèce’;
13. in the heading of column 4 of the French version of Annex II (I)
(2) (A), ‘animale’ isreplaced by ‘minimale’;1988L0380 — EN — 24.06.1988 — 000.001 — 8
14. in Annex II (I) (2) (A) the following are inserted after ‘ Arrhenatherum elatius ’ and ‘Brassica oleracea convar.
acephala ’, respectively:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
‘Bromus catharticus 75 (a) 97 1,5 1,0 0,5 0,3 0 (g) 0 (j) (k)' 10 (n)
Bromus sitchensis 75 (a) 97 1,5 1,0 0,5 0,3 0 (g) 0 (j) (k)' 10 (n)'
and
‘Phacelia tanacetifolia 80 (a) 96 1,0 0,5 0 0 (j) (k)'
15. in Annex II (II) (2) (A) the following are inserted after ‘ Arrhenatherum elatius ’ and ‘Brassica oleracea convar.
acephala ’, respectively:
1 2345678
‘Bromus catharticus 0,4 20 5 5 5 (j)
Bromus sitchensis 0,4 20 5 5 5 (j)'
and
‘Phacelia tanacetifolia 0,3 20'
16. in Annex III the following are inserted after ‘ Arrhenatherum elatius ’ and ‘Brassica oleracea convar.acephala ’, respec-
tively:
12 3 4
‘Bromus catharticus 10 200 200
Bromus sitchensis 10 200 200'
and
‘Phacelia tanacetifolia 10 300 40'▼B1988L0380 — EN — 24.06.1988 — 000.001 — 9
▼B
17. the following isadded to Annex IV (A) (I) (a) (4):
‘indicated at least under its botanical name, which may be given in
abridged form and without the authorities' names, in roman charac-ters,’;
18. the following sentence shall be added to Annex IV (A) (I) (a):
‘In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indicate
the botanical name in respect of individual species and, where
appropriate, for limited periods where it has been established thatthe disadvantages of its implementation outweigh the advantagesexpected for the marketing of seed.’;
19. the following isadded to Annex IV (A) (I) (a) (5):
‘indicated at least in roman characters,’;
20. the following isadded to Annex IV (A) (I) (b) (5):
‘indicated at least under its botanical name, which may be given in
abridged form and without the authorities' names, in roman charac-ters’;
21. the following isadded to Annex IV (A) (I) (b):
‘In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indicatethe botanical name in respect of individual species and, whereappropriate, for limited periods where it has been established that
the disadvantages of its implementation outweigh the advantages
expected for the marketing of seed.’;
22. the following isadded to Annex IV (A) (I) (c) (4) after ‘s hown by
species and, where appropriate, by variety’: ‘both indicated at leastin roman characters;’
23. in the last sentence of the Italian version of Annex IV (A) (I) (c)
(4), ‘al fornitore’ isreplaced by ‘all'acquirente’;
24. the following isadded to Annex IV (B) (a) (6):
‘indicated at least in roman characters,’;
25. the following isadded to Annex IV (B) (a) (7):
‘indicated at least in roman characters,’;
26. the following isadded to Annex IV (B) (b) (6):
‘indicated at least in roman characters,’;
27. the following isadded to Annex IV (B) (c) (11) after ‘s hown by
species and, where appropriate, by variety’: ‘both indicated at least
in roman characters;’
28. the following Annex isadded:
‘ANNEX V
Label and document provided in the case of seed not finally
certified, harvestedinanotherMember State
A.Information required for the label
— authority responsible for field inspection and Member States
or their initials,
— species, indicated at least under its botanical name, which
may be given in abridged form and without the authorities'names, in roman characters,
— variety, indicated at least in roman characters,
— category,
— field or lot reference number,— declared net or gross weight,
— the words“s eed not finally certified”.1988L0380 — EN — 24.06.1988 — 000.001 — 10
▼B
In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indi-cate the botanical name in respect of individual species and,
where appropriate, for limited periodswhere it hasbeen es tab-
lished that the disadvantages of its implementation outweigh theadvantagesexpected for the marketing of s eed.
B.Colour of the label
The label shall be grey.
C.Information required for the document
— authority issuing the document,
— species, indicated at least under its botanical name, which
may be given in abridged form and without the authoritiesnames, in roman characters,
— variety, indicated at least in roman characters,
— category,
— reference number of the seed used to sow the field and
name of the country or countrieswhich certified that s eed,
— field or lot reference number,
— area cultivated for the production of the lot covered by the
document,
— quantity of seed harvested and number of packages,
— number of generations after basic seed, in the case of certi-
fied seed,
— attestation that the conditions to be satisfied by the crop
from which the seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.’
Article 3
Directive 66/402/EEC ishereby amended asfollows :
1. in Article 2 (1) (A),
‘X Triticosecale Wittm. Triticale’
are inserted after
‘Sorghum sudanense (Piper) Stapf Sudan grass’;
2. in Article 2 (1) (A) of the German version, in the line ‘ Phalaris
canariensis L’, ‘Kanariensaat’ is replaced by ‘Kanariengras’:
3. in Article 2 (1) (C) the introductory wordsare replaced by:
‘C. Basic seed (oats, barley, rice, canary grass, rye triticale, wheat,
durum wheat and spelt wheat, other than hybrids in each case):
seed’;
4. the following isadded in Article 2 (1):
‘Ca. Basic seed (hybrids of oats, barley, rice, wheat, durum wheat
and spelt wheat):
(a) which isintended for the production of hybrids ;
(b) which, subject to the provisions of Article 4, satisfies the
conditions laid down in Annexes I and II for basic seed;and
(c) which has been found by official examination to satisfy
the abovementioned conditions.’;
5. in Article 2 (1) (E) the introductory wordsare replaced by the
following:
‘E. Certified seed (canary grass and rye, other than hybrids in each
case, sorghum, Sudan grass, maize and hybrids of oats, barley,rice, wheat, durum wheat and spelt wheat): seed;’1988L0380 — EN — 24.06.1988 — 000.001 — 11
▼B
6. in Article 2 (1) (F), the introductory wordsare replaced by the
following:
‘F. Certified seed of the first generation (oats, barley, rice, triticale,
wheat, durum wheat and spelt wheat, other than hybrids in
each case): seed’;
7. in Article 2 (1) (G), the introductory wordsare replaced by the
following:
‘G. Certified seed of the second generation (oats, barley, rice, triti-
cale, wheat, durum wheat and spelt wheat, other than hybrids
in each case): seed’;
8. in Article 2 (1a) of the English version, ‘descriptions’ is replaced
by ‘name’;
9. former Article 2 (1b) and (1c) become Article 2 (1d) and (1e)
respectively;
10. the following paragraphsare ins erted in Article 2:
‘1b. Amendmentsto be made to paragraph 1 (C) (Ca), (E), (F)
and (G) for the purpose of including hybrids of canary grass, rye
and triticale in the scope of this Directive shall be adopted inaccordance with the procedure laid down in Article 21.
1c. The different types of varieties, including the components,
eligible for certification under the provisions of this Directive,may be specified and defined in accordance with the procedurelaid down in Article 21. In accordance with the same procedure
the definitionsin paragraph 1 (B) s hall be adapted accordingly.’;
11. in Article 2 (1) (c), ‘30 June 1982’ isreplaced by ‘30 June 1987’
and the second indent is deleted;
12. in Article 2 (2) (d), ‘31 December 1982’ isreplaced by ‘30 June
1989’;
13. the following paragraph isadded to Article 4:
‘3. In the case of triticale seed intend for marketing in their own
territory, Member Statesmay reduce to 80 % the minimum germi-
nation required under Annex II. If, in such cases, triticale seed doesnot satisfy the conditions laid down in Annex II in respect ofgermination, thisfact, and the fact that the s eed isfor marketingonly in the territory of the Member State concerned, shall be statedon the label.’;
14. former Article 11 becomesArticle 11 (1);15. the following paragraph isadded to Article 11:
‘2. The label referred to in paragraph 1 shall be drawn up in
such a manner that it cannot be confused with the official label
referred to in Article 10 (1).’;
16. the following Article 13a isins erted:
‘Article 13a
For the purpose of seeking improved alternatives to certain
elementsof the certification s cheme adopted under thisDirective,it may be decided to organize temporary experimentsunder s peci-fied conditionsat Community level in accordance with theprocedure laid down in Article 21.
In the framework of such experiments, Member States may be
released from certain obligations laid down in this Directive. The
extent of that release shall be defined with reference to the provi-sions to which it applies. The duration of an experiment shall notexceed seven years.’;
17. in Article 14 (2) (a), ‘, triticale’ isadded after ‘rice’;
18. the fifth and sixth indents of Article 14 (3) (c) are replaced by the
following:1988L0380 — EN — 24.06.1988 — 000.001 — 12
▼B
‘— species, indicated at least under its botanical name, which may
be given in abridged form and without the authorities' names,in roman characters,
— variety, indicated at least in roman characters,’;
19. the following isadded to Article 14 (3):
‘In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indicate
the botanical name in respect of individual species and, where
appropriate, for limited periods where it has been established thatthe disadvantages of its implementation outweigh the advantagesexpected for the marketing of seed.’;
20. Article 15 isreplaced by the following:
‘Article 15
1. The Member States shall provide that cereal seed
— which has been produced directly from basic seed or certified
seed of the first generation officially certified either in one or
more Member Statesor in a third country which hasbeen
granted equivalence under Article 16 (1) (b), or which hasbeen produced directly from the crossing of basic seed offi-cially certified in a Member State with basic seed officiallycertified in such a third country, and
— which hasbeen harves ted in another Member State,
shall, on request and without prejudice to the provisions of Direc-
tive 70/457/EEC, be officially certified ascertified s eed in any
Member State if that seed has undergone field inspection satisfyingthe conditionslaid down in Annex I for the relevant category andif official examination hass hown that the conditionslaid down inAnnex II for the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, MemberStates may also authorize official certification as basic seed, if theconditions laid down for that category are satisfied.
2. Cereal seed which has been harvested in another Member
State, and which isintended for certification in accordance withthe provisions laid down in paragraph 1, shall
— be packed and labelled with an official label satisfying the
conditionslaid down in Annex V (A) and (B), in accordancewith the provisions laid down in Article 9 (1), and
— be accompanied by an official document satisfying the condi-
tionslaid down in Annex V (C).
3. The Member States shall also provide that cereal seed
— which has been produced directly from basic seed or certified
seed of the first generation officially certified either in one ormore Member Statesor in a third country which hasbeen
granted equivalence under Article 16 (1) (b), or which has
been produced directly from the crossing of basic seed offi-cially certified in a Member State with basic seed officiallycertified in such a third country, and
— which hasbeen harves ted 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 orofficially certified, if the seed has undergone field inspection satis-
fying the conditionslaid down in an equivalence decis ion made
under Article 16 (1) (a) for the relevant category, and if officialexamination hass hown that the conditionslaid down in Annex IIfor the same category are satisfied. Other Member States may alsoauthorize official certification of such seed.’;
21. The following Article 21b isins erted:1988L0380 — EN — 24.06.1988 — 000.001 — 13
▼B
‘Article 21b
Amendmentsto be made to the content of the Annexesin order to
establish the conditions to be satisfied by the crop and the seed ofhybrids of oats, barley, rice, wheat, durum wheat, spelt wheat andother species for which hybrids are included in the scope of thisDirective pursuant to Article 2 (1b) and the conditions to be satis-
fied by the crop and the seed of cross-pollinating varieties of
triticale shall be adopted according to the procedure laid down inArticle 21.’;
22. in Article 22, ‘Annex II (2)’ isreplaced by ‘Annex II (3)’;23. Article 23a isreplaced by the following Article:
‘Article 23a
Upon application by a Member State, which will be dealt with as
provided in Article 21, that State may be wholly or partiallyreleased from the obligation to apply the provisions of this Direc-tive, with the exception of Article 14 (1):
(a) in respect of the following species:
— canary grass,
— sorghum,— Sudan grass;
(b) in respect of other species which are not normally reproduced
or marketed in itsterritory.’;
24. in the table in Annex I (2) the following isins erted before ‘ Zea
mays’:
‘Triticosecale , self-pollinating varieties
— for the production of basic seed 50 m— for the production of certified seed 20 m’;
25. in Annex I (5) (B) (a), ‘ Triticosecale ’ isins erted after ‘Phalaris
canariensis’;
26. in the French version of Annex I (5) (B) (b), ‘3’ is replaced by ‘1’
and ‘1’ by ‘3’;
27. in Annex II (1) (A) ‘other than hybrids in each case’ is inserted
after ‘Triticum spelta ,’;
28. the following isins erted after Annex II (1) (A):
‘Aa Self-pollinating varietiesof Triticosecale
Category Minimum varietal purity (%)
Basic seed 99,7
Certified seed, first generation 99,0
Certified seed, second generation 98,0
The minimum varietal purity shall be examined mainly in
field inspections carried out in accordance with the conditionslaid down in Annex I.’;
29. in Annex II (2) (A), the following isins erted after ‘ Sorghum spp.’:
1 23456789 1 0
‘Triticosecale
— basic seed 85 98 4 1 (b) 3 0 (c) 1
— certified seed, first and
second generation 85 98 10 7 7 0 (c) 3’1988L0380 — EN — 24.06.1988 — 000.001 — 14
▼B
30. In Annex III, ‘, Triticosecale ’ isins erted after ‘ Secale cereale ’,
31. the following isadded to Annex IV (A) (a) (4):
‘indicated at least under its botanical name, which may be given in
abridged form and without the authorities' names, in roman charac-ters’;
32. the following sentence is added to Annex IV (A) (a):
‘In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indicate
the botanical name in respect of individual species and, where
appropriate, for limited periods where it has been established thatthe disadvantages of its implementation outweigh the advantagesexpected for the marketing of seed.’;
33. Annex IV (A) (a) (5) isreplaced by the following:
‘Variety, indicated at least in roman characters’;
34. Annex IV (A) (a) (9) isreplaced by the following:
‘9. 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 Directive70/457/EEC:
the name of thiscomponent, under which it hasbeen offi-
cially accepted, with or without reference to the finalvariety, accompanied, in the case of hybrids or inbred lineswhich are intended solely as components for final varieties,by the word “component”,
— 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 refer-ence 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, accom-
panied by the word “hybrid”.’;
35. in Annex IV (A) (b) (1), ‘or varieties’ is inserted after ‘species’;
36. the following isadded to Annex IV (A) (b) (4):
‘; the names of the species and of the varieties shall be indicted at
least in roman characters.’;
37. the following Annex isadded:
‘ANNEX V
Label and document provided in the case of seed not finally
certified, harvestedinanotherMember State
A.Information required for the label
— authority responsible for field inspection and Member State
or their initials,
— species, indicated at least under its botanical name, which
may be given in abridged form and without the authorities'names, in roman characters,
— variety, indicated at least in roman characters; in the case of
varieties (inbred lines, hybrids), which are intended solelyascomponentsfor hybrid varieties , the word “component”shall be added,
— category,
— in the case of hybrid varieties the word “hybrid”,
— declared net or gross weight,— the words“s eed not finally certified”.1988L0380 — EN — 24.06.1988 — 000.001 — 15
▼B
In accordance with the procedure laid down in Article 21,
Member Statesmay be releas ed from the requirement to indi-cate the botanical name in respect of individual species and,
where appropriate, for limited periodswhere it hasbeen es tab-
lished that the disadvantages of its implementation outweigh theadvantagesexpected for the marketing of s eed.
B.Colour of the label
The label shall be grey.
C.Information required for the document
— authority issuing the document,
— species, indicated at least under its botanical name, which
may be given in abridged form and without the authorities'
names, in roman characters,
— category,— reference number of the seed used to sow the field and
name of the country or countrieswhich certified that s eed,
— field or lot reference number,— area cultivated for the production of the lot covered by the
document,
— quantity of seed harveted and number of packages,— number of generations after basic seed, in the cass of certi-
fied seed,
— attestation that the conditions to be satisfied by the crop
from which the seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.’
Article 4
Directive 66/403/EEC ishereby amended asfollows :
1. former Article 11 becomesArticle 11 (1);2. the following paragraph isadded to Article 11:
‘2. The label referred to in paragraph 1 shall be drawn up in such
a manner that it cannot be confused with the official label referredto in Article 10 (1).’;
3. the fourth and fifth indentsof Article 13 (4) (c) are replaced by the
following:
‘— species, indicated at least in roman characters, under its bota-
nical 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,’;
4. the following isadded to Annex III (A) (4):
‘, indicated at least in roman characters’.
Article 5
Directive 69/208/EEC ishereby amended asfollows :
1. in Article 2 (1) (B), ‘(varietiesother than hybridsof s unflower)’ is
inserted after ‘Basic seed’;
2. the following isins erted after Article 2 (1) (B):
‘Ba. Basic seed (hybrids of sunflower):
1. Basic seed of inbred lines: seed
(a) which, subject to the provisions of Article 4, satisfies
the conditionslaid down in AnnexesI and II for bas ic
seed; and
(b) which has been found by official examination to satisfy
the abovementioned conditions.1988L0380 — EN — 24.06.1988 — 000.001 — 16
▼B
2. Basic seed of simple hybrids: seed
(a) which isintended for the production of three-way-cros s
hybrids or double-cross hybrids;
(b) which, subject to the provisions of Article 4, satisfies
the conditionslaid down in AnnexesI and II for bas ic
seed; and
(c) which has been found by official examination to satisfy
the abovementioned conditions.’;
3. in Article 2 (1a) of the English version, ‘descriptions’ is replaced
by ‘names’;
4. former Article 2 (1b) becomes2 (1c);5. the following paragraph isins erted in Article 2:
‘1b. The different types of varieties, including the components,
eligible for certification under the provisions of this Directive may
be specified and defined in accordance with the procedure laiddown in Article 20.’;
6. in Article 2 (2) (b) of the English version, ‘or linseed’ is inserted
after ‘flax’;
7. former Article 11 becomesArticle 11 (1);
8. the following paragraph isadded to Article 11:
‘2. The label referred to in paragraph 1 shall be drawn up in
such a manner that it cannot be confused with the official labelreferred to in Article 10 (1).’;
9. the following Article 12a isins erted:
‘Article 12a
For the purpose of seeking improved alternatives to certain
elementsof the certification s cheme adopted under thisDirective,it may be decided to organize temporary experimentsunder s peci-fied conditionsat Community level in accordance with theprocedure laid down in Article 21.
In the framework of such experiments, Member States may be
released from certain obligations laid down in this Directive. Theextent of that release shall be defined with reference to the provi-sions to which it applies. The duration of an experiment shall not
exceed seven years.’;
10. the fifth and sixth indents of Article 13 (3) (c) are replaced by the
following:
‘— species, indicated at least under its botanical name, which may
be given in abridged form and without the authorities' names,in roman characters,
— variety, indicated at least in roman characters,’;
11. the following sentence is added to Article 13 (3):
‘In accordance with the procedure laid down in Article 20,
Member Statesmay be releas ed from the requirement to indicatethe botanical name in respect of individual species and, where
appropriate, for limited periods, where it has been established that
the disadvantages of the implementation outweigh the advantagesexpected for the marketing of seed.’;
12. Article 14 isreplaced by the following:
‘Article 14
1. Member States shall provide that seed of oil and fibre plants
— which has been produced directly from basic seed or certified
seed of the first generation officially certified either in one ormore Member Statesor in a third country which hasbeengranted equivalence under Article 15 (1) (b), or which hasbeen produced directly from the crossing of basic seed offi-1988L0380 — EN — 24.06.1988 — 000.001 — 17
▼B
cially certified in a Member State with basic seed officially
certified in such a third country, and
— which hasbeen harves ted in another Member State,
shall, on request and without prejudice to the provisions of Direc-
tive 70/457/EEC, be officially certified ascertified s eed in any
Member State if that seed has undergone field inspection satisfying
the conditionslaid down in Annex I for the relevant category andif official examination hass hown that the conditionslaid down inAnnex II for the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, MemberStates may also authorize official certification as basic seed, if theconditions laid down for that category are satisfied.
2. Seed of oil and fibre plantswhich hasbeen harves ted in
another Member State, and which isintended for certification inaccordance with the provisions laid down in paragraph 1, shall:
— be packed and labelled with an official label satisfying the
conditionslaid down in Annex V (A) and (B), in accordancewith the provisions laid down in Article 9 (1), and
— be accompanied by an official document satisfying the condi-
tionslaid down in Annex V (c).
3. The Member States shall also provide that seed of oil and
fibre plants
— which has been produced directly from basic seed or certified
seed of the first generation officially certified either in one or
more Member Statesor in a third country which hasbeen
granted equivalence under Article 15 (1) (b), or which hasbeen produced directly from the crossing of basic seed offi-cially certified in a Member State with basic seed officiallycertified in such a third country, and
— which hasbeen harves ted 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
officially certified, if the seed has undergone field inspection satis-
fying the conditionslaid down in an equivalence decis ion madeunder Article 15 (1) (a) for the relevant category and if officialexamination hass hown that the conditionslaid down in Annex IIfor the same category are satisfied. Other Member States may also
authorize official certification of such seed.’;
13. Article 22 isreplaced by the following:
‘Article 22
Upon application by a Member State, which will be dealt with as
provided in Article 20, that State may be wholly or partially
released from the obligation to apply the provisions of this Direc-
tive, with the exception of Article 13 (1):
(a) in respect of the following species:
— Safflower;
(b) in respect of other species which are not normally reproduced
or marketed in itsterritory.’;
14. in the first paragraph of the table in Annex I (2), ‘ Helianthus
annuus’ isdeleted;
15. in the table in Annex I (2) the following isadded:
1 2
‘Helianthus annuus
— for the production of basic seed of hybrids 1 500 m
— for the production of basic seed of varieties other than
hybrids750 m1988L0380 — EN — 24.06.1988 — 000.001 — 18
▼B
1 2
— for the production of certified seed 500 m’
16. Annex I (3) isreplaced by the following:
‘3. The crop shall have sufficient varietal identity and varietal
purity or, in the case of a crop of an inbred line of Helianthus
annuus, sufficient identity and purity as regards its characteris-
tics.
For the production of seed of hybrid varieties of Helianthus
annuus, the abovementioned provisions shall also apply to the
characteristics of the components, including male sterility or
fertility restoration.
In particular, cropsof Brassica juncea, Brassica nigra,
Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossy-piumspp. and hybrids of Helianthus annuus shall conform to
the following standards or other conditions:
A.Brassica juncea, Brassica nigra, Cannabis sativa,
Carthamus tinctorius, Carum carvi andGossypium spp.:
The number of plantsof the crop s pecieswhich are recog-
nizable as obviously not being true to the variety shall notexceed:
— one per 30 m
2for the production of basic seed,
— one per 10 m2for the production of certified seed.
B. Hybridsof Helianthus annuus:
(a) the percentage by number of plantswhich are recogniz-
able asobvious ly not being true to the inbred line or tothe component shall not exceed:
(aa) for the production of basic seed:
(i) inbred lines0,2
(ii) simple hybrids
— male parent, plantswhich
have shed pollen while 2 %or more of the female plantshave receptive flowers0,2
— female parent 0,5
(bb) for the production of certified seed:
— male component, plantswhich
have shed pollen while 5 % ormore of the female plantshavereceptive flowers0,5
— female component 1,0
(b) the following other standards or conditions shall be
satisfied for the production of seed of hybrid varieties:
(aa) sufficient pollen shall be shed by the plants of the
male component while the plantsof the femalecomponent are in flower;
(bb) where the female component plantshave receptive
stigmas, the percentage by number of femalecomponent plantswhich have s hed pollen or areshedding pollen shall not exceed 0,5;
(cc) for the production of basic seed the total percen-
tage by number of plantsof the female1988L0380 — EN — 24.06.1988 — 000.001 — 19
▼B
component which are recognizable asobvious ly
not being true to the component and which haveshed pollen or are shedding pollen shall not exceed
0,5;
(dd) where the condition laid down in Annex II (I) (1a)
cannot be satisfied, the following condition shall
be satisfied: a male-sterile component shall be
used to produce certified seed by using a malecomponent which contains a specific restorer lineor lines so that at least one-third of the plantsgrown from the resulting hybrid will producepollen which appears normal in all respects.’;
17. Annex I (5) (B) isreplaced by the following:
‘B. In cases other than crops of hybrids of sunflower there shall be
at least one field inspection. In the case of hybrids ofsunflower there shall be at least two field inspections.;’
18. the following isins erted after Annex II (1):
‘1a. Where the condition laid down in Annex I (3) (B) (b) (dd)
cannot be satisfied, the following condition shall be met:where for the production of certified seed of hybrids ofsunflower a female male-sterile component and a malecomponent which doesnot res tore male fertility have been
used, the seed produced by the male-sterile parent shall be
blended with seed produced by the fully fertile seed parent.The ratio of male-sterile parent seed to male-fertile parentshall not exceed two to one.’;
19. the following isadded to Annex IV (A) (a) (5):
‘, indicated at least under its botanical name, which may be given
in abridged form and without the authorities' names, in roman char-
acters.’
20. the following isadded to Annex IV (A) (a):
‘In accordance with the procedure laid down in Article 20,
Member Statesmay be releas ed from the requirement to indicatethe botanical name in respect of individual species and, whereappropriate, for limited periods where it has been established that
the disadvantages of its implementation outweigh the advantages
expected for the marketing of seed.’;
21. the following isadded to Annex IV (A) (a) (6):
‘, indicated at least in roman characters’;
22. the following isins erted after Annex IV (A) (a) (10):
‘10a. 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 underCouncil Directive 70/457/EEC:
the name of thiscomponent, under which it hasbeen offi-
cially accepted, with or without reference to the finalvariety, accompanied, in the case of hybrids or inbred
lineswhich are inended s olely ascomponentsfor final
varieties, by the word “component”,
— for basic seed in other cases:
the name of the component to which the basic seed
belongs, which may be given in code form, accompaniedby a reference to the final variety, with or without refer-ence to itsfunction (male or female), and accompaniedby the word “component”,
— for certified seed:
the name of the variety to which the seed belongs,
accompanied by the word “hybrid”.’;
23. the following isadded to Annex IV (A) (b) (6):1988L0380 — EN — 24.06.1988 — 000.001 — 20
▼B
‘, indicated at least under its botanical name, which may be given
in abridged form and without the authorities' names, in roman char-acters.’;
24. the following sentence is added to Annex IV (A) (b):
‘In accordance with the procedure laid down in Article 20,
Member Statesmay be releas ed from the requirement to indicatethe botanical name in respect of individual species and, where
appropriate, for limited periods where it has been established that
the disadvantages of its implementation outweigh the advantagesexpected for the marketing of seed.’;
25. the following Annex isadded:
‘ANNEX V
Label and document provided in the case of seed not finally
certified, harvestedinanotherMember State
A.Information required for the label
— authority responsible for field inspection and Member State
or their initials,
— species, indicated at least under its botanical name, which
may be given in abridged form and without the authorities'
names, in Roman characters,
— variety, indicated at least in roman characters; in the case of
varieties (inbred lines, hybrids), which are intended solely
ascomponentsfor hybrid varieties , the word “component”
shall be added,
— category,
— in the case of hybrid varieties, the word “hybrid”,
— field or lot reference number,
— declared net or gross weight,
— the words“s eed not finally certified”.
In accordance with the procedure laid down in Article 20,
Member Statesmay be releas ed from the requirement to indi-
cate the botanical name in respect of individual species and,
where appropriate, for limited periodswhere it hasbeen es tab-lished that the disadvantages of its implementation outweigh theadvantagesexpected for the marketing of s eed.
B.Colour of the label
The label shall be grey.
C.Information required for the document
— authority issuing the document
— species, indicated at least under its botanical name, which
may be given in abridged form and without the authorities'names, in roman characters,
— variety, indicated at least in roman characters,
— category,— reference number of the seed used to sow the field and
name of the country or countrieswhich certified that s eed,
— 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,
— number of generations after basic seed, in the case of certi-
fied seed,
— attestation that the conditions to be satisfied by the crop
from which the seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.’1988L0380 — EN — 24.06.1988 — 000.001 — 21
▼B
Article 6
Directive 70/457/EEC ishereby amended asfollows :1. the following paragraph isins erted in Article 3:
‘1. In the case of varieties (inbred lines, hybrids) which are
intended solely as components for final varieties, the provisions of
paragraph 1 apply only to the extent that the seeds which belong to
them are to be marketed under their names.
After 1 July 1992, the conditionsunder which the provis ionsof
paragraph 1 shall apply also to other component varieties may bedetermined in accordance with the procedure laid down in Article
23. In the mean time, in the case of cereals other than maize,
Member States may themselves apply those provisions to othercomponent varieties in respect of seed intended for certification intheir territories.
Component varieties shall be indicated as such.’;
2. the following isadded to Article 4 (2):
‘(c) for the acceptance of varieties (inbred lines, hybrids) which are
intended solely as components for hybrid varieties satisfying therequirementsof paragraph 1.’
3. the following paragraph isadded to Article 4:
‘3. In the case of varieties to which paragraph 2 (a) applies, it
may be decided, in accordance with the procedure laid down in
Article 23, and to the extent that this is justified in the interest offree circulation of seed within the Community, that the varietieshave to be shown by appropriate examination to be suitable for thepurpose for which they are declared to be intended. In such cases,
the conditionsfor the examination s hall be determined.’;
4. the following sentence is inserted in Article 10 (2) after the first
sentence:
‘This provision shall not apply in the case of varieties (inbred lines,
hybrids) which are intended solely as components for final vari-eties.’;
5. the following isadded to Article 15 (2):
‘With regard to Greece and in respect of varieties which have been
accepted before 1 January 1986 in one or more of the other MemberStatesand which have never been allowed for marketing in Greece
before that date, applicationss ubmitted by that Member State not
later than 31 December 1986 shall be taken into consideration,without prejudice to the provisions laid down in paragraph 1,provided that the applicationsare made on the groundsreferred toin paragraph 3 (c), first alternative.’;
6. the following isadded to Article 15 (7):
‘With regard to Greece and in respect of applications submitted by
that Member State not later than 31 December 1985 and made on
the groundsreferred to in paragraph 3 (c), s econd alternative, theperiod provided for in paragraph 1 may be extended to 30 June1989.’
Article 7
Directive 70/458/EEC ishereby amended asfollows :
1. In Article 2 (1) (A),
‘Brassica pekinensi (Lour.)
Rupr. Chinese cabbage'
isins erted after‘Brassica oleracea L. convar.
acephala (DC) Alef var.
gongylodes1988L0380 — EN — 24.06.1988 — 000.001 — 22
▼B
Kohlrabi'
‘chicory’ isreplaced by
‘Witloof chicory, large-leavedchicory (Italian chicory)’,
and‘Cichorium intybus L.
(partim) Industrial chicory'
isins erted after‘Cichorium intybus L.
(partim)Witloof chicory, large-leaved
chicory
(Italian chicory)'
2. in Article 2 (1a) of the English version, ‘descriptions’ is replaced
by ‘names’;
3. former Article 2 (1b) becomesArticle 2 (1c);4. the following paragraph isins erted in Article 2:
‘1b. The different types of varieties, including the components,
may be specified and defined in accordance with the procedurelaid down in Article 40.’;
5. the following subparagraph is added to Article 4:
‘In the case of industrial chicory, the variety must be of satisfac-
tory value for cultivation and use.’;
6. the following sentence is inserted in Article 9 (3) after the first
sentence:
‘With regard to Greece, the datesof 30 June 1975 and 1 July 1972
referred to above shall be replaced by the dates 31 December 1988and 1 January 1986 respectively.’;
7. the following isadded to Article 10 (2):
‘In the cas e of varietieswhich are derived from varietieswhos e
official acceptance hasbeen determined purs uant to Article 13
(3), second and fourth sentences, and which have been acceptedin one or more Member States as a result of the official measuresreferred to in that provision, it may be decided, in accordance withthe procedure laid down in Article 40, that all Member Statesof
acceptance shall ensure that the varieties bear names determined
under the same procedure and complying with the above princi-ples.’;
8. the following isadded to Article 13 (2):
‘In the case of varieties referred to in the second sentence of
Article 12 (1) the acceptance may only be renewed where, without
prejudice to the provisions of Article 37, the name of the person or
persons responsible for the maintenance has been officially regis-tered and published in accordance with the provisions of Article10 (1).’;
9. the following isadded to Article 13 (3):
‘In the case of varieties for which acceptance has been granted
before 1 July 1972, the period mentioned in the second sentence
of paragraph 1 may be extended, in accordance with the procedure
laid down in Article 40, until 30 June 1990 at the latest for indivi-dual varieties, where official measures organized on a Communitybasis have been taken before 1 July 1982 in order to ensure that theconditionsfor the renewal of their acceptance or for the acceptance
of varietiesderived from them are met.
With regard to Denmark, Ireland and the United Kingdom, the date
1 July 1972 referred to above shall be replaced by the date 1January 1973.1988L0380 — EN — 24.06.1988 — 000.001 — 23
▼B
With regard to Greece, Spain and Portugal, the expiry of the accep-
tance period for certain varietiesfor which acceptance hasbeengranted 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 laid down in Article 40,and the varietiesconcerned may be included in the aforementionedofficial measures organized on a Community basis.’;
10. the following isadded to Article 16:
‘5. With regard to Greece and in respect of varieties which have
been accepted before 1 January 1986 in one or more of the other
Member Statesand which have never been allowed for marketing
in Greece before that date, the period provided for in paragraph 2shall expire on 31 December 1988.’;
11. Article 20 (1) isreplaced by the following:
‘1. The Member states shall provide that seed of industrial
chicory may not be placed on the market unless it has been offi-cially certified as “basic seed” or “certified seed” and unless it
satisfies the conditions laid down in Annex II.
1a. The Member States shall provide that seed of other vege-
table species may not be placed on the market unless it has beenofficially certified as “basic seed” or “certified seed”, or is standard
seed, and unless it satisfies the conditions laid down in Annex II.’;
12. Article 26 (2) isreplaced by the following:
‘2. In the case of varieties which are widely known on 1 July
1970, reference may also be made on the label to any maintenanceof the variety which hasbeen or will be declared in accordancewith the provisions of Article 37 (2). It shall be prohibited to referto any special properties which might be connected with such
maintenance. With regard to Denmark, Ireland and the United
Kingdom, the date 1 July 1970 referred to above shall be replacedby 1 January 1973. With regard to Spain, it shall be replaced by 1March 1986.
This reference shall follow the varietal name, from which it shall
be clearly separated, preferably by means of a dash. It shall notbe given greater prominence than the varietal name.
After a date to be determined before 1 July 1992 in accordance
with the procedure laid down in Article 40, only maintenances
declared before the date so determined may be referred to on thelabel.’;
13. in Article 26, paragraph 3 becomesparagraph 1b and the following
isadded:
‘Save in the case of small packages of standard seed, the informa-
tion prescribed or authorized under this provision shall be kept
clearly separate from any other information given on the label orthe package, including that provided for in Article 28.
After 30 June 1992 it may be decided, in accordance with the
procedure laid down in Article 40, that small packages of standard
seed of all species or of some species should be subjected to thisrequirement or that the information prescribed or authorized bedistinct in some other way from any other information if thedistinctive feature is expressly declared as such on the label or
package.’;
14. former Article 28 becomesArticle 28 (1);
15. the following paragraph isadded to Article 28:
‘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 amanner that it cannot be confused with the official label referred toin Article 26 (1).’;1988L0380 — EN — 24.06.1988 — 000.001 — 24
▼C1
▼B
▼B
16. the following Article 29a isins erted:
‘Article 29a
For the purpose of seeking improved alternatives to certain
elementsof the certification s cheme adopted under thisDirective,
it may be decided to organize temporary experimentsunder s peci-
fied conditionsat Community level in accordance with theprocedureslaid down in Article 40.
In the framework of such experiments, Member States may be
released from certain obligations laid down in this Directive. Theextent of that release shall be defined with reference to the provi-sions to which it applies. The duration of an experiment shall notexceed seven years.’;
17. the fifth and sixth indents of Article 30 (3) (c) are replaced by the
following:
‘— species, indicated at least in roman characters, under its bota-
nical name, which may be given in abridged form and withoutthe authorities' names, or under its common name, or both,
— variety, indicated at least in roman characters,’;
18. Article 31 isreplaced by the following:
‘Article 31
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 Statesor in a third country which hasbeen granted equivalence underArticle 32 (1) (d), or which hasbeen produced directly from the
crossing of basic seed officially certified in a Member State
with basic seed officially certified in such a third country, and
— which hasbeen harves ted in another Member State,
shall, on request and without prejudice to the other provisions of
thisDirective, be officially certified s eed in any Member State if
that seed has undergone field inspection satisfying the conditions
laid down in Annex I for the relevant category and if officialexamination hass hown that the conditionslaid down in Annex IIfor the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, MemberStates may also authorize official certification as basic seed, if theconditions laid down for that category are satisfied.
2. Vegetable seed which has been harvested in another Member
State, and which isintended for certification in accordance with theprovisions laid down in paragraph 1, shall:
— be packed and labelled with an official label satisfying the
conditionslaid down in Annex V (A) and (B), in accordancewith the provisions laid down in Article 25 (1), and
— be accompanied by an official document satisfying the condi-
tionslaid down in Annex V (C).
3. The 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 third country which hasbeen granted equivalence under
Article 32 (1) (d) or which hasbeen produced directly from thecrossing of basic seed officially certified in a Member Statewith basic seed officially certified in such a third country, and
— which hasbeen harves ted in a third country,
shall, on request, be officially certified as certified seen in any of
those Member States where the basic seed was either produced orofficially certified, if the seed has undergone field inspection satis-fying the conditionslaid down in an equivalence decis ion madeunder Article 32 (1) (a) for the relevant category, and if officialexamination hass hown that the conditionslaid down in Annex II1988L0380 — EN — 24.06.1988 — 000.001 — 25
▼B
for the same category are satisfied. Other Member States may also
authorize official certification of such seed.’;
19. in Article 37 (2) of the English version, ‘to methods for the main-
tenance’ isreplaced by ‘to a given maintenance’;
20. in Article 42 (a), ‘Chinese cabbage’ is inserted after ‘Cauliflower’
and ‘Chicory’ isreplaced by
‘Witloof chicory, large-leaved chicory (Italian chicory), industrial
chicory’;
21. the following isins erted after Annex I (4) (A):
‘AaIndustrialchicory
1. From other species of the same genera or
subspecies 1 000 m
2. From another variety of industrial chicory:
— for basic seed 600 m— for certified seed 300 m’
22. in Annex II (3) (a), ‘ Beta vulgaris (Cheltenham beet variety)’ is
replaced by ‘ Beta vulgaris (Cheltenham beet)’ and ‘ Beta vulgaris
(all species)’ by ‘ Beta vulgaris (other than Cheltenham beet)’
respectively;
23. in Annex II (3) (a), ‘ (partim) (Witloof chicory, large-leaved
chicory (Italian chicory))’ isadded after ‘ Cichorium intybus ’ and
the following isins erted after ‘ Brassica oleracea (other species)’
and ‘Cichorium intybus (partim) (Witloof chicory, large-leaved
chicory (Italian chicory))’ respectively:
‘Brassica pekinensis 97 1 75’
and
‘Cichorium intybus (partim)
(industrial chicory)97 1 80’;
24. in Annex III (2), ‘ (partim) (Witloof chicory, large-leaved chicory
(Italian chicory))’ isins erted after ‘ Cichorium intybus ’ and the
following isins erted after ‘ Brassica oleracea ’ and ‘Cichorium
intybus (partim) (Witloof chicory, large-leaved chicory (Italian
chicory))’ respectively:
‘Brassica pekinensis 20’
and
‘Cichorium intybus (partim) (industrial chicory) 50’;
25. the following isadded to Annex IV (A) (a) (5):
‘, indicated at least in roman characters, under its botanical name,
which may be given in abridged form and without the authorities'
names, or its common name, or both.’;
26. the following isadded to Annex IV (A) (a) (6):
‘, indicated at least in roman characters.’;
27. the following isins erted after Annex IV (A) (a) (10):
‘10a. 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 thisDirective:1988L0380 — EN — 24.06.1988 — 000.001 — 26
▼B
the name of thiscomponent, under which it hasbeen offi-
cially accepted, with or without reference to the finalvariety, accompanied, in the case of hybrids or inbred
lineswhich are intended s olely ascomponentsfor final
varieties, by the word “component”,
— for basic seed in other cases:
the name of the component to which the basic seed
belongs, which may be given in code form, accompaniedby a reference to the final variety, with or without refer-ence to itsfunction (male or female), and accompaniedby the word “component”,
— for certified seed:
the name of the variety to which the seed belongs,
accompanied by the word “hybrid”.’;
28. the following isadded to Annex IV (B) (a) (4):
‘, indicated at least in roman characters.’;
29. the following isadded to Annex IV (B) (a) (5):
‘, indicated at least in roman characters.’;
30. the following Annex isadded:
‘ANNEX V
Label and document provided in the case of seed not finally
certified, harvestedinanotherMember State
A.Information required for the label
— 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 andwithout 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“s eed not finally certified”.
B.Colour of the label
The label shall be grey.
C.Information required for the document
— authority issuing the document,
— species, indicated at least in roman characters, under its
botanical name, which may be given in abridged form andwithout 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 countrieswhich certified that s eed,
— 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 crop
from which the seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.’
Article 8
Directive 86/155/EEC ishereby amended asfollows :1988L0380 — EN — 24.06.1988 — 000.001 — 27
▼B
in the second indent of Article 7, ‘1 July 1987’ is replaced by ‘31
December 1988’.
Article 9
Directive 86/320/EEC ishereby amended asfollows :in Article 2, ‘1 July 1987’ isreplaced by ‘31 December 1988’.
Article 10
Member States shall adopt the laws, regulations and administrative
provisions necessary to comply:
— with Article 3 (11) and Article 7 (9), with effect from 1 July 1982,
— with Article 3 (12), with effect from 1 January 1983,
— with Article 6 (5) and (6) and Article 7 (6) and (10), with effect
from 1 January 1986,
— with Article 2 (8), (17), (20) and (28), Article 3 (18), (31) and (37)
and Article 5 (10), (19), (23) and (25) in so far as those provisions
require the botanical name of a species to be indicated on the label
of seed, and also with Articles 1 (8), 2 (10), 3 (20), 5 (12) and 7(18), not later than 1 July 1992,
— with the other provisions of this Directive, not later than 1 July
1990.
They shall immediately inform the Commission thereof.
Article 11
This Directive is addressed to the Member States.1988L0380 — EN — 24.06.1988 — 000.001 — 28