1966L0402 — EN — 10.07.2003 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of14June1966
onthemarketingofcereal seed
(66/402/EEC)
(OJ P 125, 11.7.1966, p. 2309)
Amended by:
Official Journal
No page date
►M1Council Directive 69/60/EEC of 18 February 1969 L 48 1 26.2.1969
►M2Council Directive 71/162/EEC of 30 March 1971 L 87 24 17.4.1971
►M3Council Directive 72/274/EEC of 20 July 1972 L 171 37 29.7.1972
►M4Council Directive 72/418/EEC of 6 December 1972 L 287 22 26.12.1972
►M5Council Directive 73/438/EEC of 11 December 1973 L 356 79 27.12.1973
►M6Council Directive 75/444/EEC of 26 June 1975 L 196 6 26.7.1975
►M7Council Directive 78/55/EEC of 19 December 1977 L 16 23 20.1.1978
►M8First Commission Directive 78/387/EEC of 18 April 1978 L 113 13 25.4.1978
►M9Council Directive 78/692/EEC of 25 July 1978 L 236 13 26.8.1978
►M10Council Directive 78/1020/EEC of 5 December 1978 L 350 27 14.12.1978
►M11Commission Directive 79/641/EEC of 27 June 1979 L 183 13 19.7.1979
►M12Council Directive 79/692/EEC of 24 July 1979 L 205 1 13.8.1979
►M13Commission Directive 81/126/EEC of 16 February 1981 L 67 36 12.3.1981
►M14Counsil Directive of 13 July 1981 L 203 52 23.7.1981
►M15Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M16Council Directive 86/155/EEC of 22 April 1986 L 118 23 7.5.1986
►M17Commission Directive 86/320/EEC of 20 June 1986 L 200 38 23.7.1986
►M18Commission Directive 87/120/EEC of 14 January 1987 L 49 39 18.2.1987
►M19Council Directive 88/332/EEC of 13 June 1988 L 151 82 17.6.1988
►M20Council Directive 88/380/EEC of 13 June 1988 L 187 31 16.7.1988
►M21Commission Directive 88/506/EEC of 13 September 1988 L 274 44 6.10.1988
►M22Commission Directive 89/2/EEC of 15 December 1988 L 5 31 7.1.1989
►M23Commission Commission Directive 90/623/EEC of 7 November 1990 L 333 65 30.11.1990
►M24Council Directive 90/654/EEC of 4 December 1990 L 353 48 17.12.1990
►M25Commission Directive 93/2/EEC L 54 20 5.3.1993
►M26Commission Directive 95/6/EC of 20 March 1995 L 67 30 25.3.1995
►M27Council Directive 96/72/EC of 18 November 1996 L 304 10 27.11.1996
►M28Council Directive 98/95/EC of 14 December 1998 L 25 1 1.2.1999
►M29Council Directive 98/96/EC of 14 December 1998 L 25 27 1.2.1999
1966L0402 — EN — 10.07.2003 — 010.001 — 2
►M30Commission Directive 1999/8/EC of 18 February 1999 L 50 26 26.2.1999
►M31Commission Directive 1999/54/EC of 26 May 1999 L 142 30 5.6.1999
►M32Council Directive 2001/64/EC of 31 August 2001 L 234 60 1.9.2001
►M33Council Directive 2003/61/EC of 18 June 2003 L 165 23 3.7.2003
Amended by:
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
►A2Act of Accession of Greece L 291 17 19.11.1979
►A3Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Consolidated text of corrigenda to instruments published in Special
Editions1952-72, p. 17 (66/402/EEC)
►C2Corrigendum, OJ L 199, 26.7.1997, p. 69 (66/402/EEC)
►C3Consolidated text of corrigenda to instruments published in Special
Editions1952-72, p. 29 (69/60/EEC)
►C4Consolidated text of corrigenda to instruments published in Special
Editions1952-72, p. 87 (71/162/EEC)
►C5Consolidated text of corrigenda to instruments published in Special
Editions1952-72, p. 106 (72/418/EEC)
►C6Corrigendum, OJ L 161, 16.6.2001, p. 48 (98/96/EC)
▼B
COUNCILDIRECTIVE
of14June1966
onthemarketingofcereal seed
(66/402/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles43 and 100 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament; (
1)
Having regard to the Opinion of the Economic and Social Committee;
Whereascereal production occupiesan important place in the agricul-
ture of the European Economic Community;
Whereas satisfactory results in cereal cultivation depend to a large
extent on the use of appropriate seed; whereas to this end certainMember States have for some time restricted the marketing of cerealseed to high-quality seed; whereas they have been able to take advan-tage of the systematic plant selection work carried out over several
decades which has resulted in the development of sufficiently stable
and uniform cereal varieties which, by reason of their characters,promise to be of great value for the purposes in view;
Whereasgreater productivity will be obtained in Community cereal
cultivation if for the choice of the varietiespermitted to be marketed
the Member States apply uniform rules which are as strict as possible;
Whereas it is, however, justifiable to restrict marketing to certain vari-
eties only if the farmer can be sure of actually obtaining seed of thosevarieties;
Whereascertain Member Stateshave for thispurpos e been applying
certification schemes which are intended by official control to ensureidentity and varietal purity;
Whereas such schemes already exist at international level; whereas the
Food and Agriculture Organisation of the United Nations has recom-
mended minimum standards for the certification of maize seed inEuropean and Mediterranean countries; whereas, furthermore, theOrganisation for Economic Co-operation and Development has estab-lished a scheme for the varietal certification of herbage seed moving
in international trade;
Whereas it is desirable to establish a uniform certification scheme for
the Community based on the experience gained in the application ofthose schemes;
Whereas the scheme should apply to marketing both in other Member
States and on domestic markets;
Whereas, as a general rule, cereal seed should be allowed to be
marketed only if it hasbeen officially examined and certified, in accor-
dance with the rules for certification, as basic seed or certified seed;
whereas the choice of the technical terms ‘basic seed’ and ‘certifiedseed’ is based on already existing international terminology;
Whereas cereal seed which is not placed on the market should not, in
view of itsminor economic importance, be s ubject to Community
rules; whereas Member States must retain the right to make such seedsubject to special provisions;
Whereas Community rules should not apply to seed shown to be
intended for export to third countries;1966L0402 — EN — 10.07.2003 — 010.001 — 3
(1) OJ No 109, 9.7.1964, p. 1760/64.
▼B
Whereas, in order to improve not only the genetic quality of Commu-
nity cereal seed but also its external characters, certain conditions mustbe laid down as to analytical purity, germination and health status;
Whereas, in order to ensure the identity of the seed, Community rules
on packaging, sampling, sealing and marking must be established;
whereasto thisend the labelss hould give the particularsneeded both
for official control and for the information of the farmer and shouldclearly show the Community nature of the certification;
Whereascertain Member Statesneed blendsof cereal s eed of various
species for special uses; whereas, in order to take these needs intoaccount, Member States should be authorised to approve such blendssubject to certain conditions;
Whereas, in order to ensure that both the requirements as to the quality
of the seed and the provisions for ensuring its identity are complied
with during marketing, the Member States must make provision for
appropriate control arrangements;
Whereas seed satisfying these requirements should, without prejudice
to Article 36 of the Treaty, be subject to no marketing restrictions otherthan those provided for in Community rules, except in those caseswhere Community rulesprovide for tolerancesin res pect of harmfulorganisms;
Whereas, during a first stage, until a common catalogue of varieties has
been established, the restrictions allowed should include in particularthe right of Member States to restrict the marketing of certified seed
to those varieties which are of value for cropping and use in their
own territory;
Whereas, subject to certain conditions, seed multiplied in another
country from basic seed certified in a Member State should be recog-nised as equivalent to seed multiplied in that Member State;
Whereas, on the other hand, provision should be made for authorising
the marketing within the Community of cereal seed harvested in thirdcountries only if such seed affords the same assurances as seed offi-cially certified in the Community and complying with Community
rules;
Whereas, during periods in which there are difficulties in obtaining
supplies of certified seed of the various categories, seed satisfying less
stringent requirements should temporarily be permitted to be marketed;
Whereas, in order to harmonise the technical methods of certification
used in the various Member States and to enable comparisons to bemade in the future between seed certified within the Community andthat coming from third countries, Community test fields should beestablished in Member States to permit annual post-control of seed ofthe variouscategoriesof ‘certified s eed’;
Whereas the Commission should be entrusted with the task of adopting
certain measures for the application of this Directive; whereas, in order
to facilitate implementation of the proposed measures, a procedure
should be provided for establishing close co-operation betweenMember States and the Commission within a Standing Committee onSeedsand Propagating Material for Agriculture, Horticulture andForestry;
HAS ADOPTED THIS DIRECTIVE:
Article 1
ThisDirective s hall apply to the production with a view to marketing,
and to the marketing, of cereal seed within the Community.
Article 1a
For the purposes of this Directive ‘marketing’ shall mean the sale,
holding with a view to sale, offer for sale and any disposal, supply or1966L0402 — EN — 10.07.2003 — 010.001 — 4
▼M28
▼M28
transfer aimed at commercial exploitation of seed to third parties,
whether or not for consideration.
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 packa-
ging, provided the provider of services does not acquire title to seedthuss upplied.
The supply of seed under certain conditions to providers of services for
the production of certain agricultural raw materials, intended for indus-
trial purposes, or seed propagation for that purpose, shall not be
regarded asmarketing, provided the provider of s ervicesdoesnotacquire title to either the seed thus supplied or the product of theharvest. The supplier of seed shall provide the Certification Authoritywith a copy of the relevant partsof the contract made with the provider
of services and this shall include the standards and conditions currently
met by the seed provided.
The conditions for the application of this provision shall be determined
in accordance with the procedure laid down in Article 21.
Article 2
1. For the purposes of this Directive, the following definitions shall
apply:
A. Cereals: plants of the following species intended for agricultural or
horticultural production other than production for ornamentalpurposes:
Avena sativa L. Oats
Hordeum vulgare L. Barley
Oryza sativa L. Rice
Phalaris canariensis L. Canary grass
Secale cereale L. Rye
Sorghum bicolor (L.) Moench Sorghum
Sorghum sudanense (Piper)
Stapf.Sudan grass
XTriticosecale Wittm. Triticale
Triticum aestivum L. emend.
Fiori et Paol.Wheat
Triticum durum Desf. Durum wheat
Triticum spelta L. Spelt wheat
Zea mays L. (partim) Maize except popcorn and
sweet corn
This definition shall also cover the following hybrids resulting
from the crossing of species referred to above.1966L0402 — EN — 10.07.2003 — 010.001 — 5
▼B
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▼B
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▼B
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▼B
▼M16
▼M20
▼M11
▼B
▼M18
▼M17
▼M17
Sorghum bicolor (L) Moench ×
Sorghum sudanense (Piper) Stapf.Hybridsres ulting from the
crossing of Sorghum andSudan grass.
Unless otherwise specified, seed of the aforementioned hybrids
shall be subject to the standards or other conditions applicable to
seed of each of the species from which they are derived.
B. Varieties, hybrids and inbred lines of maize ►
M16andSorghum
spp.◄:
(a) Open-pollinated variety: a sufficiently uniform and stable
variety;
(b) Inbred line: a sufficiently uniform and stable line, obtained
either by artificial self-fertilization accompanied by selectionover several successive generations or by equivalent opera-tions;
(c) Simple hybrid: the first generation of a cross, defined by the
breeder, between two inbred lines;
(d) Double hybrid: the first generation of a cross, defined by the
breeder, between two simple hybrids;
(e)►
C1Triple-cross ◄hybrid: the first generation of a cross,
defined by the breeder, between an inbred line and a simplehybrid;
(f) Top Cross hybrid: the first generation of a cross, defined by
the breeder, between an inbred line or a simple hybrid and anopen-pollinated variety;
(g) Intervarietal hybrid: the first generation of a cross, defined by
the breeder, between plants grown from basic seed of twoopen-pollinated varieties.
C. Basic seed (oats, barley, rice, canary grass, rye triticale, wheat,
durum wheat and spelt wheat, other than hybrids in each case):
seed
(a) which has been produced under the responsibility of the
breeder according to accepted practicesfor the maintenanceof the variety;
(b) which isintended for the production of s eed either of the cate-
gory ‘certified seed’ or of the categories ‘certified seed, first
generation’ or ‘certified seed, second generation’;
(c) which, subject to the provisions of Article 4 (1) (a), satisfies
the conditions laid down in Annexes I and II for basic seed;
and
(d) which has been found by official examination to satisfy the
abovementioned conditions.
Ca.►
M31Basic seed (hybrids of oats, barley, rice, rye, wheat, durum
wheat, spelt wheat and self-pollinating triticale) ◄
(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.
D. Basic seed (maize (SIC! maize and) ►M16Sorghum spp◄.):
1. Basic seed of open-pollinated varieties: seed
(a) which has been produced under the responsibility of the
breeder according to accepted practicesfor the maintenanceof the variety;1966L0402 — EN — 10.07.2003 — 010.001 — 6
▼B
▼M20
▼B
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(b) which isintended for the production of s eed of thisvariety
of the category ‘certified seed’ or of Top Cross hybrids orof intervarietal hybrids;
(c) which, subject to the provisions of Article 4, satisfies the
conditions laid down in Annexes I and II for basic seed; and
(d) which has been found by official examination to satisfy the
abovementioned conditions.
2. Basic seed of inbred lines: seed
(a) which, subject to the provisions of Article 4, satisfies the
conditions laid down in Annexes I and II for basic seed; and
(b) which has been found by official examination to satisfy the
abovementioned conditions.
3. Basic seed of simple hybrids: seed
(a) which isintended for the production of double hybrids ,
►
C1triple-cross ◄hybrids or Top Cross 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.
E.►M31Certified seed (canary grass, other than hybrids, rye,
sorghum, sudan grass, maize and hybrids of oats, barley, rice,
wheat, durum wheat, spelt wheat and self pollinating triticale):
seed◄
(a) which ►C3hasbeen produced directly ◄from basic seed
or, if the breeder so requests, from seed of a generation prior
to basic seed which can satisfy and has been found by official
examination to satisfy the conditions laid down in Annexes Iand II for basic seed;
(b) which isintended for purpos esother than the production of
cereal seed;
(c) which, subject to the provisions of Article 4 (1) (b) and (2),
satisfies the conditions laid down in Annexes I and II for certi-fied seed; and
(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.
F. Certified seed of the first generation (oats, barley, rice, triticale,
wheat, durum wheat and spelt wheat, other than hybrids in eachcase): seed
(a) which ►
C3hasbeen produced directly ◄from basic seed
or, if the breeder so requests, from seed of a generation priorto basic seed which has been found by official examination tosatisfy the conditions laid down in Annexes I and II for basic
seed;
(b) which isintended either for the production of s eed of the cate-
gory ‘certified seed, second generation’ or for purposes otherthan the production of cereal seed;
(c) which satisfies the conditions laid down in Annexes I and II
for certified seed of the first generation; and1966L0402 — EN — 10.07.2003 — 010.001 — 7
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▼B
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(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.
G. Certified seed of the second generation (oats, barley, rice, triticale,
wheat, durum wheat and spelt wheat, other than hybrids in eachcase): seed
(a) which ►
C3hasbeen produced directly ◄from basic seed,
from certified seed of the first generation or, if the breeder sorequests, from seed of a generation prior to basic seed whichhas been found by official examination to satisfy the condi-tions laid down in Annexes I and II for basic seed;
(b) which isintended for purpos esother than the production of
cereal seed;
(c) which satisfies the conditions laid down in Annexes I and II
for certified seed of the second generation; and
(d) (i) which has been found by official examination to satisfy the
abovementioned conditions, or
(ii) in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by officialexamination or by examination carried out under officialsupervision.
H. Official measures: measures taken
(a) by State authorities, or
(b) by any legal person whether governed by public or by private
law, acting under the responsibility of the State, or
(c) in the case of ancillary activities which are also subject to
State control, by any natural person duly sworn for that
purpose,
provided that the persons mentioned under (b) and (c) derive no
private gain from such measures.
1a. Amendments to be made to the list of species referred to in para-
graph 1(A) shall be adopted in accordance with the procedure laiddown in Article 21.
1b. Amendmentsto be made to paragraph 1 (C) (Ca), (E), (F) and
(G) for the purpose of including hybrids of canary grass, rye and triti-cale in the scope of this Directive shall be adopted in accordance withthe 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 bespecified and defined in accordance with the procedure laid down inArticle 21. In accordance with the same procedure the definitions inparagraph 1 (B) shall be adapted accordingly.
►M201e.◄Until►M2030 June 1987 ◄, Member Statesmay
be authorized, in accordance with the procedure laid down in Article21, to permit the marketing of seed of specific varieties of rye, chieflyintended for use as fodder, which do not satisfy the conditions laiddown:1966L0402 — EN — 10.07.2003 — 010.001 — 8
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— in Annex II asregardsgermination,
2. Member Statesmay:
(a) include several generations in the basic seed category and subdi-
vide thiscategory by generation;
(b) provide that official examinationsin res pect of germination and
analytical purity not be carried out on all lotsduring certification
unless there is doubt whether the conditions laid down in AnnexII in these respects have been satisfied.
(c) during a transitional period of not more than three years after the
entry into force of the laws, regulations or administrative provi-sions necessary to comply with this Directive, and by way ofderogation from paragraph 1 (E), (F) and (G), certify ascertifiedseed seed which is of direct descent from seed officially controlledin a Member State under the scheme in operation at that time and
which affords the same assurances as basic seed certified in accor-
dance with the principlesof thisDirective; thisprovis ion s hallapply correspondingly to the certified seed of the first generationreferred to in paragraph 1 (G).
(d) be authorized, on request and according to the procedure laid down
in Article 21, to officially certify seed of autogamous species of thecategories ‘certified seed, first generation’ or ‘certified seed, secondgeneration’ until ►
M2030 June 1989 ◄at the latest:
— when, instead of the official field inspection prescribed in
Annex I, a field inspection, officially controlled by spot-checkson at least 20 % of the crops of each species, is carried out;
— provided that, in addition to the basic seed, at least the two
generations of pre-basic seed immediately preceding that cate-
gory, have been found by an official examination carried out
in (SIC! in the) Member State concerned, to satisfy the condi-tionslaid down in AnnexesI and II asto the varietal identityand varietal purity of basic seed.
3. When the examination under official supervision referred to in
paragraphs1(E)(d)(ii), 1(F)(d)(ii) and 1(G)(d)(ii) above iscarried out,
the following requirementss hall be complied with:
(i) the inspectors shall:
(a) have the necessary technical qualifications;
(b) derive no private gain in connection with the carrying out of
the inspections;
(c) have been officially licensed by the seed certification authority
of the Member State concerned and this licensing shall includeeither the swearing-in of inspectors or the signature by inspec-torsof a written s tatement of commitment to the rules
governing official examinations;
(d) carry out inspections under official supervision in accordance
with the rules applicable to official inspections;
(ii) the seed crop to be inspected shall be grown from seed which has
undergone official post-control, the results of which have beensatisfactory;
(iii)►
C6a proportion of the seed crops shall be checked ◄by offi-
cial inspectors. That proportion shall be 10 % for self-pollinated
crops and 20 % for cross-pollinated crops or, for those species
for which Member Statesprovide for official laboratory s eed-testing using morphological, physiological or, where appropriate,biochemical procedures to identify the variety and establish purity,5 % and 15 % respectively;
(iv) a proportion of samples from the seed lots harvested from the seed
crops shall be drawn for official post-control and, where appro-1966L0402 — EN — 10.07.2003 — 010.001 — 9
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priate, for official laboratory seed testing in respect of varietal
identity and purity;
(v) the Member Statess hall determine the penaltiesapplicable to
infringementsof the rulesgoverning examination under officialsupervision. The penalties they provide for must be effective,proportionate and dissuasive. Penalties may include the withdrawalof the recognition referred to in paragraph (3)(i)(c) from officiallylicensed inspectors who are found guilty of deliberately or negli-
gently contravening the rulesgoverning official examinations .
Any certification of the seed examined shall be annulled in theevent of such contravention unless it can be shown that such seedstill meets all relevant requirements.
4. Further measures applicable to the carrying out of examinations
under official supervision may be adopted in accordance with theprocedure laid down in Article 21.
Until such measures are adopted, the conditions set out in Article 2 of
Commission Decision 89/540/EEC shall be adhered to.
Article 3
1. Member States shall provide that cereal seed may not be placed
on the market unless it has been officially certified as ‘basic seed’,‘certified seed’, ‘certified seed, first generation’ or ‘certified seed,second generation’.
2. The Member States shall, for the purposes of certification
►
M28 ◄, fix the maximum moisture content of basic
seed and certified seed of all kinds.
3. The Member States shall ensure that the official examinations of
seed are carried out in accordance with current international methods,insofar as such methods exist.
Article 3a
Notwithstanding Article 3(1), Member States shall provide that:
— bred seed of generations prior to basic seed, and
— seed as grown, marketed for processing, provided that the identity
of the seed is ensured,
may be placed on the market.
Article 4
1. Member Statesmay, however, by way of derogation from the
provisions of Article 3:
(a) authorize the official certification and marketing of basic seed
which does not satisfy the conditions laid down in Annex II inrespect of germination; to this end all necessary measures shall be
taken to ensure that the supplier guarantees a specific germination
which he shall state for marketing purposes on a special labelbearing hisname and addres sand the reference number of theseed lot;
(b) in order to make ►
M1 ◄seed rapidly available,
not-withstanding the fact that the official examination to checkcompliance with the conditionslaid down in Annex II in res pect
of germination hasnot been concluded, authorize the official certi-
fication and marketing asfar asthe firs t buyer by way of trade ofthe categories ‘basic seed’ or ‘certified seed’. Certification shall begranted only on presentation of a provisional analytical report onthe seed and provided that the name and address of the first reci-pient are given; all necessary measures shall be taken to ensure1966L0402 — EN — 10.07.2003 — 010.001 — 10
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that the supplier guarantees the germination ascertained at the
provisional analysis; this germination shall be stated for marketingpurposes on a special label bearing the name and address of the
supplier and the reference number of the lot.
These provisions shall not apply to seed imported from third countries,
save as otherwise provided in Article 15 in respect of multiplicationoutside the Community.
4. Member Statesmaking us e of the derogation provided for ineither subparagraph 1(a) or 1(b) shall assist each other administrativelyasregardsins pection.
Article 4a
1. Notwithstanding Article 3(1), Member States may authorise
producersin their own territory to place on the market:
(a) small quantities of seed for, scientific purposes or selection work;
(b) appropriate quantities of seed for other test or trial purposes,
provided it belongsto varietiesfor which an application for entryin the catalogue has been submitted in the Member State in ques-tion.
In the case of genetically modified material, such authorisation may be
granted only if all appropriate measures have been taken to avoidadverse effects on human health and the environment. For the environ-mental risk assessment to be carried out in this respect, the provisionsof Article 7(4) of Directive 70/457/EEC shall apply accordingly.
2. The purposes for which the authorities referred to in paragraph
1(b) may be given, the provisions relating to the marking of packages,
and the quantitiesand the conditionsunder which Member Statesmaygrant such authorisation shall be determined in accordance with theprocedure laid down in Article 21.
3. Authorisations granted before the date of adoption of this Direc-
tive by Member Statesto producersin their own territory for the
purposes set out in paragraph 1 shall remain in force pending determi-
nation of the provisions referred to in paragraph 2. Thereafter, all suchauthorisations shall respect the provisions established in accordancewith paragraph 2.
Article 5
Member Statesmay, asregardsthe conditionslaid down in AnnexesI
and II, impose additional or more stringent requirements for the certifi-cation of seed produced in their own territory.
Article 5a
Member States may restrict the certification of seed of oats, barley, rice
and wheat to that of certified seed of the first generation.
Article 6
The Member States shall provide that the description of genealogical
components which may be required is, if the breeder so requests,treated asconfidential.1966L0402 — EN — 10.07.2003 — 010.001 — 11
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Article 7
1. The Member Statess hall require that, for the checking of vari-
etiesand inbred linesof maize and for the examination of s eed forcertification, samples are drawn officially in accordance with appro-priate methods.
2. For the examination of seed for certification, samples shall be
drawn from homogeneouslots ; the maximum weight of a lot and theminimum weight of a sample are given in Annex III.
Article 8
1. The Member States shall require that basic seed and certified seed
of all kindsbe marketed only in s ufficiently homogeneous►
M1lots◄and in sealed ►C1packages ◄bearing, aspres cribed
in Articles 9 and 10, a sealing device and markings.
2. Member Statesmay, for the marketing of s mall quantitiesto the
final consumer, provide for derogations from the provisions of para-graph 1 in respect of packaging, sealing and marking.
Article 9
1. The Member States shall require that packages of basic seed and
certified seed of all categories be sealed officially or under official
supervision in such a manner that they cannot be opened without dama-ging the sealing system or without leaving evidence of tampering oneither the official label provided for in Article 10 (1) or the package.
In order to ensure sealing, the sealing system shall comprise at least
either the abovementioned label or the affixing of an official seal.
The measures provided for in the second subparagraph above shall not
be necessary where a non-reusable sealing system is used.
In accordance with the procedure laid down in Article 21, it may be
established whether a particular sealing system complies with theprovisions of this paragraph.
Packages which have been officially sealed shall not be re-sealed,
whether one or more times, except officially ►
M9or under
official◄supervision. If packages are resealed, the fact of resealing,
the most recent date of resealing and the authority responsible thereforshall be stated on the label required under Article 10 (1).
3. Member Statesmay provide for exceptionsto paragraph 1 in the
case of small packages ►
M28sealed in their own territory. Condi-
tionsrelating to thes e exceptionsmay be determined in accordancewith the procedure laid down in Article 21 ◄.
Article 10
1. Member States shall require that packages of basic seed and certi-
fied seed of all kinds:
(a) be labelled on the outside with an official label which has not
previously been used, which satisfies the conditions laid down inAnnex IV and on which the information isgiven in one of the offi-cial languagesof the Community. The colour of the label s hall be
white for basic seed, blue for certified seed and for certified seed of
the first generation and red for certified seed of the second genera-tion. When a label with a string-hole is used, its attachment shallbe ensured in all cases with an official seal. If, in cases underArticle 4 (1) (a) and (2), the basic seed or maize seed does not1966L0402 — EN — 10.07.2003 — 010.001 — 12
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satisfy the conditions laid down in Annex II in respect of germina-
tion, this fact shall be stated on the label. The use of officialadhesive labels shall be authorized. In accordance with the proce-
dure laid down in Article 21, the indelible printing under official
supervision of the prescribed information on the package accordingto the label'smodel may be authorized;
(b) contain an official document, in the same colour as the label,
giving at least the information required under Annex IV (A) (a)
(3), (4) and (5). This document shall be drawn up in such a mannerthat it cannot be confused with the official label referred to under(a). This document is not necessary if the information is printedindelibly on the package or if, in accordance with the provisionsunder (a), an adhesive label or a label of non-tear material is used.
2. Member Statesmay provide for exceptionsto 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 laid down in Article 21.
3. In accordance with the procedure laid down in Article 21,
Member Statesmay be authorized to retain until 30 June 1980 provi-sions allowing the marketing of cereal seeds the packaging of whichincludesthe pres cribed information but in a different layout from that
provided for in the sixth sentence of paragraph 1 (a).
Article 10a
1. Member Statesmay, by way of derogation from Articles8, 9 and
10, provide a simplification of the provisions relating to the closing
device and the marking of packages in the case of marketing of seedof the category ‘certified seed’ in bulk to the final consumer.
2. Conditionsfor the application of the derogation under paragraph
1 above shall be determined in accordance with the procedure referredto in Article 21(2).
Until such measures are adopted, the conditions set out in Article 2 of
Commission Decision 94/650/EC (
1) shall apply.
Article 11
1. In accordance with the procedure laid down in Article 21, it may
be provided that, in cases other than those already provided for in thisDirective, packages of basic or certified seed of any kind shall bear a
supplier's label (which may either be a label separate from the official
label or take the form of suppliers' information printed on the packageitself). The particulars to be provided on any such label shall also beestablished in accordance with the procedure laid down in Article 21.
2. ThisDirective s hall not affect the right of Member Statesto
require that seed lots complying with the special conditions concerningthe presence of Avena fatua laid down in accordance with the proce-
dure provided for in Article 21 shall be accompanied by an official
certificate attesting compliance with those conditions.
Article 11a
In the case of seed of a variety which has been genetically modified,
any label or document, official or otherwise, which is affixed to or
accompanies the seed lot, under the provisions of this Directive, shallclearly indicate that the variety hasbeen genetically modified.1966L0402 — EN — 10.07.2003 — 010.001 — 13
(1) OJ L 252, 28.9.1994, p. 15. Decision as last amended by Commission Deci-
sion 2000/441/EC (OJ L 176, 15.7.2000, p. 50).▼M28
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Article 12
The Member States shall require that any chemical treatment of basic
seed or certified seed of all ►C1categories ◄be noted either on the
official label or on the supplier's label and on the ►C1package ◄or
inside it.
Article 13
1. Member States ►M28shall◄permit seed of a species of
cereal to be marketed in the form of specific mixtures of seeds ofvariousvarietiesprovided that s cientific or technical knowledge indi-cates that these mixtures are such as to be particularly effectiveagainst the propagation of certain harmful organisms and provided
also that the components of the mixture comply, before mixing, with
the marketing rulesapplicable to them.
►
M122.◄Member States ►M28shall◄authorize the
marketing of cereal seed in the form of ►C1mixtures ◄of various
species, provided that the components of the blend complied, beforeblending, with the marketing rulesapplicable to them.
2a. The specific conditions under which such mixtures may be
marketed shall be determined in accordance with the procedure laiddown in Article 21.
►
M123.◄The provisions of Articles 8, 9 and 11 shall apply, as
shall also those of Article 10, except that for blended seed the labelused shall be green.
Article 13a
For the purpose of seeking improved alternatives to certain provisions
set out in this directive, it may be decided to organise temporary
experimentsunder s pecified conditionsat Community level in accor-dance with the provisions laid down in Article 21.
In the framework of such experiments, Member States may be released
from certain obligationslaid down in thisDirective. The extent of that
release shall be defined with reference to the provisions to which it
applies. The duration of an experiment shall not exceed seven years.
Article 14
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 itscharacteristics, examination requirements, marking and sealing other
than those laid down in this or any other Directive.
1a. The Commission, in accordance with the procedure provided for
in Article 21, shall for the marketing of cereal seeds authorize, inrespect of the whole or parts of the territory of one or more MemberStates, provisions which are more strict than those laid down in AnnexII concerning the presence of Avena fatua in those seeds, if similar
provisions are applied to the home production of those seeds and if
there isa campaign to eradicate Avena fatua from cerealsgrown inthe region in question.1966L0402 — EN — 10.07.2003 — 010.001 — 14
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Article 14a
The conditions under which bred seed of generations prior to basic
seed may be placed on the market under the first indent of Article 3a,
shall be as follows:
(a) it must have been officially inspected by the competent certifica-
tion authority in accordance with the provisions applicable to the
certification of basic seed;
(b) it must be packed in accordance with the provisions of this Direc-
tive; 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 generationspreceding s eed of the categories‘certi-
fied seed’ or ‘certified seed of the first generation’.
The label shall be white with a diagonal violet line.
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 moreMember Statesor in a third country which hasbeen granted equiva-lence under Article 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 Directive
70/457/EEC, be officially certified ascertified s eed in any MemberState if that seed has undergone field inspection satisfying the condi-tionslaid down in Annex I for the relevant category and if officialexamination 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 the conditions
laid down for that category are satisfied.
2. Cereal seed which has been harvested in the Community, and
which isintended for certification in accordance with paragraph 1,shall:
— be packed and labelled with an official label satisfying the condi-
tionslaid down in Annex V(A) and (B), in accordance with
Article 9(1), and
— be accompanied by an official document satisfying the conditions
laid down in Annex V(C).
The provisions in the first subparagraph on packing and labelling may
be waived if the authorities responsible for field inspection, thosedrawing up the documentsfor the certification of s eedswhich have1966L0402 — EN — 10.07.2003 — 010.001 — 15
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not been definitively certified and those responsible for certification are
the same, or if they agree on exemption.
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 or more
Member Statesor in a third country which hasbeen granted equiva-
lence under Article 16 (1) (b), or which hasbeen produced directlyfrom the crossing of basic seed officially certified in a MemberState 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 was either produced or officiallycertified, if the seed has undergone field inspection satisfying the
conditionslaid down in an equivalence decis ion made under Article
16 (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 authorize official certifica-tion of such seed.
Article 16
1. The Council, acting by a qualified majority on a proposal from
the Commission, shall determine whether:
(a) in the case provided for in Article 15, the field inspections in the
third country satisfy the conditions laid down in Annex I;
►
C2(b) cereal seed harvested ◄in a third country and affording the
same assurances as regards its ►C1characteristics ◄and the
arrangementsfor itsexamination, for ens uring identity, for markingand for control is equivalent in these respects to basic seed, certi-
fied seed or certified seed of the first or second generation
harvested within the Community and complying with the provi-sions of this Directive.
2. Member States may themselves take decisions under paragraph 1
concerning a third country, in so far as the Council has not yet taken a
decision with regard to that country within the framework of this
Directive. Thisright s hall expire on 1 July 1975.
3. Paragraphs 1 and 2 shall also apply in respect of any new
Member State from the date of its accession to the date on which it isto bring into force the laws, regulations or administrative provisions
necessary to comply with this Directive.
4. Paragraph 1 shall also apply to the territory of the former German
Democratic Republic until 31 December 1991. Detailed rulesmay beadopted in accordance with the procedure laid down in Article 21.
Article 17
1. In order to remove any temporary difficultiesin the general
supply of basic or certified seed that occur in the Community andcannot be otherwise overcome, it may be decided in accordance with
the procedure laid down in Article 21 that Member Statess hall permit,
for a specified period, the marketing throughout the Community inquantities necessary to resolve the supply difficulties of seed of a cate-gory subject to less stringent requirements, or of seed of a variety notincluded in the Common Catalogue of Varieties of Agricultural Plant
Species or in the national cataloguesof varietiesof the Member States .
2. For a category of seed of any given variety, the official label shall
be that provided for the corresponding category; for seed of varietiesnot included in the abovementioned cataloguesthe colour of the offi-1966L0402 — EN — 10.07.2003 — 010.001 — 16
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cial label shall be brown. The label shall always state that the seed in
question is of a category satisfying less stringent requirements.
3. Rulesfor the application of paragraph 1 may be adopted in accor-
dance with the procedure laid down in Article 21.
Article 18
This Directive shall not apply to cereal seed shown to be intended for
export to third countries.
Article 19
1. Member States shall ensure that official inspections are carried
out in relation to the marketing, at least by random checks, to verifycompliance with the requirementsof thisDirective.
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 quantitiesexceeding two kilogramsof s eed importedfrom third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article 21.
Article 20
1. Community comparative tests and trials shall be carried out
within the Community for the post-control of samples of cereal seedplaced on the market under the provisions of this Directive, whether
mandatory or discretionary, and taken during sampling. The compara-
tive tests and trials may include the following:
— seed harvested in third countries,
— seed suitable for organic farming,— seed marketed in relation to the conservation 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 theconditions with which the seed must comply.
3. The Commission, acting in accordance with the procedure
referred to in Article 21, shall make the necessary arrangements for
the comparative tests and trials to be carried out. The Commission shall
inform the Committee referred to in Article 21 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 rulesfor the provis ion of the financialcontribution, shall be established in accordance with the procedurelaid down in Article 21.1966L0402 — EN — 10.07.2003 — 010.001 — 17
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6. The tests and trials foreseen in paragraphs 1 and 2 may be
performed only by State authoritiesor legal pers onsacting under theresponsibility of the State.
Article 21
1. The Commission shall be assisted by the Standing Committee on
Seedsand Propagating Material for Agriculture, Horticulture andForestry established by Article 1 of Decision 66/399/EEC (hereinafter‘the Committee’).
2. Where reference ismade to thisparagraph, Articles4 and 7 of
Council Decision 1999/468/EC of 28 June 1999 laying down the proce-duresfor the exercis e of implementing powersconferred on theCommission (
1) shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall
be set at one month.
3. The Committee shall adopt its rules of procedures.
Article 21a
Amendmentsto be made to the content of the Annexesin the light of
the development of scienific (SIC! scientific) or technical knowledgeshall be adopted according to the procedure laid down in Article 21.
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 of
hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and other
species for which hybrids are included in the scope of this Directivepursuant to Article 2 (1b) and the conditions to be satisfied by thecrop and the seed of cross-pollinating varieties of triticale shall beadopted according to the procedure laid down in Article 21.
Article 22
Save asotherwis e provided in Annex II ►
M20(3)◄in respect of
tolerances for harmful organisms, this Directive shall be without preju-
dice to the provisions of national laws justified on grounds of theprotection of health and life of humans, animals or plants or the protec-tion of industrial and commercial property
Article 22a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 21 to take account of developmentsinthe areasof:
(a) conditionsunder which chemically treated s eed may be marketed;
(b) conditionsunder which s eed may be marketed in relation to the
conservation in situ and the sustainable use of plant genetic
resources, including seed mixtures of species which also include
species listed in Article 1 of Council Directive 70/457/EEC, andare associated with specific natural and semi-natural habitats andare threatened by genetic erosion;
(c) conditions under which seed suitable for organic production may be
marketed.1966L0402 — EN — 10.07.2003 — 010.001 — 18
(1) OJ L 184, 17.7.1999, p. 23.▼M32
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2. The specific conditions referred to in paragraph 1 shall include in
particular the following points:
(i) in the case of (b), the seed of these species shall be of a known
provenance approved by the appropriate authority in each MemberState for marketing the seed in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.
Article 23
The Member Statess hall, not later than 1 July 1968, bring into force
the laws, regulations or administrative provisions necessary to complywith the provisions of Article 14 (1) and, not later than 1 July 1969,those necessary to comply with the other provisions of this Directive
and its Annexes. They shall forthwith inform the Commission thereof.
The Federal Republic of Germany ishereby authorized to comply, in
respect of the territory of the former German Democratic Republic,with the following:
— Article 3 (1), in the case of:
— seed harvested prior to German unification or after unification
insofar as the seed production fields had been sown before thatdate,
— other seed if it is certified in accordance with Article 2 (2) (c);
— Article 8 (2), in the case of the restriction to ‘small quantities’;— Article 13 (1), in the case of seed of ‘ Hordeum vulgare L.’;
— Article 16, within the limitsof the traditional trade flowsand in
response to the production needs of undertakings in the formerGerman Democratic Republic,
at a date later than referred to above, but not later than 31 December
1992 in respect of the first and fourth indents and not later than 31December 1994 in respect of the second and third indents.
The Federal Republic of Germany shall ensure that seed in respect of
which it applies this authorization, other than seed specified in the
second sub-indent of the first indent, is not introduced into parts of
the Community other than the territory of the former German Demo-cratic Republic unless it is established that the provisions of thisDirective are complied with.
Article 23a
Upon application by a Member State, which will be dealt with as
provided in Article 21, that State may be wholly or partially released
from the obligation to apply the provisions of this Directive, with theexception 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.
Article 24
This Directive is addressed to the Member States.1966L0402 — EN — 10.07.2003 — 010.001 — 19
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ANNEXI
CONDITIONSTOBESATISFIEDBYTHECROP
1. The previouscropping of the field s hall not have been incompatible with
the production of seeds of the species and variety of the crop, and the field
shall be sufficiently free from such plants which are volunteers from
previouscropping.
2. The crop shall conform to the following standards as regards distances from
neighbouring sources of pollen which may result in undesiderable (SIC!
undesirable) foreign pollination ►M16and in particular, in the case of
sorghum, from sources of Sorghum halepense ◄:
Crop Minimum distance
12
Phalaris canariensis, Secale cereale ►M26other
than hybrids ◄:
— for the production of basic seed 300 m
— for the production of certified seed 250 m
Sorghum spp. 300 m
Triticosecale, self-pollinating varieties
— for the production of basic seed 50 m
— for the production of certified seed 20 m
Zea mays 200 m
These distances can be disregarded if there is sufficient protection from any
undesiderable (SIC! undesirable) foreign pollination.
3.►M31The crop shall have sufficient varietal identity and varietal purity
or, in the case of a crop of an inbred line, sufficient identity and purity as
regards its characteristics. For the production of seed of hybrid varieties, the
abovementioned provisions shall also apply to the characteristics of the
components, including male sterility or fertility restoration ◄
In particular, cropsof ►M18Oryza sativa ◄, Phalaris canariensis,
Secale cereale ►M26other than hybrids ◄►M16, Sorghum spp.
and◄Zea mays shall conform to the following standards or other condi-
tions:
A.Phalaris canariensis, Secale cereale ►M26other than hybrids ◄:
the number of plant of the crop species, which are recognizable as
obviously not being true to the variety shall not exceed:
— one per 30 m2for the production of basic seed,
— one per 10 m2for the production of certified seed.
B.Zea mays:
(a) the percentage by number of plantswhich are recognizable as
obviously not being true to the variety, to the inbred line, or to the
component shall not exceed:
(aa) for the production of basic seed:
(i) inbred lines, 0,1 %,
(ii) simple hybrid, each component, 0,1 %,
(iii) open-pollinated varieties, 0,5 %;
(bb) for the production of certified seed:
(i) hybrid varietiescomponent:
— inbred lines, 0,2 %,— simple hybrid, 0,2 %,
— open-pollinated variety, 1,0 %,1966L0402 — EN — 10.07.2003 — 010.001 — 20
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(ii) open-pollinated varieties, 1,0 %;
(b) the following other standards or conditions shall be satisfied for the
production of seed of hybrid varieties:
(aa) a sufficient pollen shall be shed by the plants of the male
component while the plantsof the female component are in
flower;
(bb) where appropriate, emasculation shall be carried out;
(cc) where 5 % or more of the female component plantshave
receptive stigmas, the percentage of female component which
have shed pollen or are shedding pollen shall not exceed:
— 1 % at any official field inspection, and
— 2 % at the total of the official field inspections.
Plants are considered as having shed pollen or shedding pollen
where, on 50 mm or more of the central axisor lateralsof a
panicle, the anthershave emerged from their glumesand have
shed or are shedding pollen.
C.Sorghum spp.
(a) the percentage by number of plantsof a Sorghum s peciesother than
the crop species or plants which are recognizable as obviously not
being true to the inbred line or to the component shall not exceed:
(aa) for the production of basic seed
(i) at flowering: 0,1 %,
(ii) at maturity: 0,1 %;
(bb) for the production of certified seed
(i) plantsof the male component which have s hed pollen
when the plantsof the female component have receptive
stigmas: 0,1 %,
(ii) plantsof the female component
— at flowering: 0,3 %,
— at maturity: 0,1 %;
(b) the following standards or other conditions shall be satisfied for the
production of certified seed ►M17of hybrid varieties ◄:
(aa) sufficient pollen shall be shed by the plants of the male
component while the plantsof the female component have
receptive stigrnas;
(bb) where plants of the female component have receptive stigrnas,
the percentage of plantsof that component which have s hed
pollen or are shedding pollen shall not exceed 0,1 %;
(c) cropsof open pollinated varietiesor s ynthetic varietiesof Sorghum
spp. shall conform to the following standards: the number of plants
of the crop which are recognizable asobvious ly not being true to the
variety shall not exceed:
— one per 30 m2for the production of basic seed,
— one per 10 m2for the production of certified seed.
D.Oryza sativa:
the number of plantswhich are recognizable asobvious ly being wild
plantsor red-grain plantss hall not exceed:
— 0 for the production of basic seed,
— 1 per 50 m2for the production of certified seed.
3a. Hybridsof rye.
(a) The crop shall conform to the following standards as regards distances
from neighbouring sources of pollen which may result in undesirable
foreign pollination.
Crop Minimum distance
12
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Crop Minimum distance
12
— where male sterility is used 1 000 m
— where male sterility is not used 600 m
— for the production of certified seed 500 m
(b) The crop shall have sufficient identity and purity as regards the charac-
teristics of the components, including male sterility.
In particular, the crop shall conform to the following standards or other
conditions:
(i) the number of plants or the crop species, which are recognizable as
obviously not being true to the component shall not exceed,
— one per 30 m2for the production of basic seed,
— one per 10 m2for the production of certified seed, this standard
to apply in official field inspections to the female component
only,
(ii) in the case of basic seed, where male sterility is used, the level of
sterility of the male-sterile component shall be at least 98 %.
(c) Where appropriate, certified seed shall be produced in mixed cultivation
of a female male-sterile component with a male component which
restores male fertility.
3b. Crops to produce certified seed of hybrids of oats, barley, rice, wheat,
durum wheat, spelt wheat and sel-pollinating triticale
(a) The crop shall conform to the following standards as regards distances
from neighbouring sources of pollen which may result in undesirable
foreign pollination:
— the minimum distance of the female component shall be 25 m from
any other variety of the same species except from a crop of the male
component,
— this distance can be disregarded if there is sufficient protection from
any undesirable foreign pollination.
(b) The crop shall have sufficient identity and purity as regards the charac-
teristics of the components.
Where seed is produced by use of a chemical hybridisation agent, the
crop shall conform to the following standards or other conditions:
(i) the minimum varietal purity of each component shall be:
— oats, barley, rice, wheat, durum wheat and spelt wheat: 99,7 %,
— self-pollinating triticale: 99,0 %;
(ii) the minimum hybridity must be 95 %. The percentage hybridity
shall be assessed in accordance with current international methods,
in so far as such methods exist. In cases where the hybridity is
determined during seed testing prior to certification, the determina-
tion of the hybridity during field inspection need not be done.
4. Harmful organisms which reduce the usefulness of the seed, in particular
Ustilagineae, shall be at the lowest possible level.
5. The satisfaction of the abovementioned standards or other conditions shall,
in the case of basic seed, be examined in official field inspections and, in
the case of certified seed, be examined either in official field inspections
or in inspections carried out under official supervision.
These field inspections shall be carried out in accordance with the following
conditions:
A. The condition and the stage of development of the crop shall permit an
adequate examination.
B. The number of field inspections shall be at least:
(a) forAvena sativa ,►M11Hordeum vulgare ◄,Oryza sativa,
Phalaris canariensis, ►M20Triticosecale, ◄Triticum aestivum,
Triticum durum, Triticum spelta, Secale cereale : one;1966L0402 — EN — 10.07.2003 — 010.001 — 22
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(b) for►M16Sorghum spp.◄andZea mays during the flowering
season:
(aa) open-pollinated varieties: one,
(bb) inbred linesor hybrids : three.
When the crop followsa ►M16Sorghum spp. and ◄Zea mays
crop in either the preceding year or current year, at least one special
field inspection shall be made to check the satisfaction of the provi-sions laid down in point 1 of this Annex.
C. The size, the number and the distribution of the portions of the field to
be inspected in order to examine the satisfaction of the provisions of this
Annex shall be determined in accordance with appropriate methods.1966L0402 — EN — 10.07.2003 — 010.001 — 23
▼M8
ANNEXII
CONDITIONSTOBESATISFIEDBYTHESEED
1.►M31The seed shall have sufficient varietal identity and varietal purity or,
in the case of seed of an inbred line, sufficient identity and purity as regards
its characteristics. For the seed of hybrid varieties, the abovementioned provi-
sions shall also apply to the characteristics of the components. ◄
In particular, the seed of the species listed below shall conform to the
following standards or other conditions:
A.Avena sativa, ►M11Hordeum vulgare ◄, Oryza sativa, Triticum
aestivum, Triticum durum, Triticum spelta ►M20other than hybridsin
each case ◄:
CategoryMinimum varietal
purity
(%)
Basic seed 99,9
Certified seed, 1st generation 99,7
Certified seed, 2nd generation 99,0
The minimum varietal purity shall be examined mainly in field inspec-
tionscarried out in accordance with the conditionslaid down in Annex
I.
Aa.Self-pollinating varieties of Triticosecale ►M31other than hybrids ◄
CategoryMinimum varietal
purity
(%)
Basic seed 99,7
Certified seed, 1st generation 99,0
Certified seed, 2nd generation 98,0
The minimum varietal purity shall be examined mainly in field inspec-
tionscarried out in accordance with the conditionslaid down in Annex
I.
Ab. Hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and self-
pollinating triticale.
The minimum varietal purity of the seed of the category certified seed
shall be 90 %. It shall be examined in official post control tests on an
approriate proportion of samples.
B.►M16Sorghum spp. and ◄Zea mays:
Where for the production of certified seed of hybrid varieties a female
male-sterile component and a male component which does not restore
male fertility have been used, the seed shall be produced:
— either by blending seed lots in a proportion appropriate to the variety
where, on the one hand, a female male-sterile component has been
used and, on the other, a female male-fertile component has been
used,
— or by growing the female male-sterile component and the female
male-fertile component in a proportion appropriate to the variety.
The proportion of these components shall be examined in field
inspections carried out in accordance with the conditions laid down
in Annex I.
C.Hybrids of rye
Seed shall not be certified as certified seed unless due account has been
taken of the results of an official post-control test, on samples of basic1966L0402 — EN — 10.07.2003 — 010.001 — 24
▼M20
▼M31
▼M8
▼M26
▼M26
seed taken officially and carried out during the growing season of the
seed entered for certification as certified seed to ascertain whether the
basic seed met the requirements for basic seed laid down in this Deci-
sion in respect of identity and purity as regards the characters of the
components, including male sterility.
2. The seed shall conform to the following standards or other conditions as
regardsgermination, analytical purity and content of s eedsof other plants
species:
A. Table:1966L0402 — EN — 10.07.2003 — 010.001 — 25
▼M8
Speciesand categoryMinimum germina-
tion
(% of pure seed)Minimum
analytical
purity
(% by weight)Maximum content by number of seeds of other plant species including red seeds of Oryza sativa in a sample of the
weight specified in column 4 of Annex III (total per column)
Other plant
species (a)Red seeds of
Oryza sativaOther cereal
speciesPlant species
other than
cerealsAvena fatua,
Avena sterilis,
Avena ludo-
viciana,
Lolium temu-
lentumRaphanus
raphanistrum,
Agrostemma
githagoPanicum spp.
1 2 3456789 1 0
Avena sativa, ►M11Hordeum vulgare ◄,
Triticum aestivum, Triticum durum, Triticum
spelta:
— basic seed 85 99 4 1 (b) 3 0 (c) 1
— certified seed, 1st and 2nd generation 85 ►M21(d)◄ 98 10 7 7 0 (c) 3
Phalaris canariensis:
— basic seed 75 98 4 1 (b) 0 (c)
— certified seed 75 98 10 5 0 (c)
Oryza sativa:
— basic seed 80 98 4 ►M181◄ 1
— certified seed, 1st generation 80 98 10 ►M183◄ 3
— certified seed, 2nd generation 80 98 15 ►M185◄ 3
Secale cereale:
— basic seed 85 98 4 1 (b) 3 0 (c) 1
— certified seed 85 98 10 7 7 0 (c) 3
Sorghum spp. 80 98 0
Triticosecale
— basic seed ►M3080◄ 98 4 1 (b) 3 0 (c) 1
— certified seed, 1st and 2nd generation ►M3080◄ 98 10 7 7 0 (c) 3
Zea mays90 98 0▼M81966L0402 — EN — 10.07.2003 — 010.001 — 26
▼M16
▼M20
▼M8
▼M8
B. Standardsor other conditionsapplicable where reference ismade to them
in the table under Section 2 (A) of thisAnnex:
(a) The maximum contents of seeds laid down in column 4 include also
the seeds of the species in columns 5 to 10.
(b) A second seed shall not be regarded as an impurity if a second
sample of same weight is free from any seeds of other cerealsspecies.
(c) The presence of one seed of Avena fatua, Avena sterilis, Avena ludo-
viciana orLolium temulentum in a sample of the prescribed weight
shall not be regarded as an impurity where a second sample of the
same weight is free from any seeds of these species.
(d) in the case of varieties of Avena sativa which are officially classified
asof the ‘naked oat’ type the minimum germination capacity is
reduced to 75% of pure seed. In such a case the official label shall
be endorsed ‘minimum germination capacity 75%’.
3. Harmful organisms which reduce the usefulness of the seed shall be at the
lowest possible level.
In particular, the seed shall conform to the following standards in respect of
Claviceps purpurea (maximum number of sclerotia or fragmentsof sclerotia
in a sample of the weight specified in column 3 of Annex III).
Category Claviceps purpurea
12
Cerealsother than hybrid rye:
— basic seed 1
— certified seed 3
Hybridsof rye:
— basic seed 1
— certified seed 4 (a)
(a) The presence of five sclerotia or fragmentsof sclerotia in a sample of the
prescribed weight shall be deemed to be in conformity with the standards, where a
second sample of the same weight contains not more than four sclerotia or frag-
mentsofsclerotia.1966L0402 — EN — 10.07.2003 — 010.001 — 27
▼M25
▼M26
▼M8
ANNEXIII
LOTANDSAMPLEWEIGHTS
SpeciesMaximum
weight of a lot
(tonnes)Minimum weight
of a sample to be
drawn from a lot
(grams)Weight of the
sample for deter-
minationsby
number provided
for in columns4
to 10 of Annex II
(2) (A) and
Annex II (3)
(grams)
1 234
Avena sativa,
►M11Hordeum
vulgare◄, Triticum
aestivum, Triticum
durum, Triticum spelta,
Secale cereale,
►M20Triticosecal ◄►M1825◄ 1 000 500
Phalaris canariensis 10 400 200
Oryza sativa ►M1825◄ 500 500
Sorghum spp. 10 1 000 900
Zea mays , basic seed of
inbred lines ►M1340◄ 250 250
Zea mays , basic seed
other than of inbred
lines; certified seed ►M1340◄ 1 000 1 000
The maximum lot weight shall not be exceeded by more than 5 %.1966L0402 — EN — 10.07.2003 — 010.001 — 28
▼M16
▼M8
▼M18
▼B
ANNEXIV
Label
A.Required information
(a) For basic seed and certified seed:
1.►M27EC◄rules and standards.
2. Certification authority and Member State or their initials.
3. Reference number of lot.
3a. Month and year of sealing expressed thus: ‘sealed …’ (month and
year),
ormonth and year of the last official sampling for the purposes of
certification expressed thus: ‘sampled …’ (month and year).
4. Species, ►
M20indicated at least under its botanical name, which
may be given in abridged form and without the authorities' names,
in roman characters. ◄
5. Variety, indicated at least in roman characters.6. Category.
7. Country of production.
8. Declared net or gross weight or declared number of ►
C5seeds◄.
8a. 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 pure seeds
and the total weight.
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
belongshasbeen officially accepted under Directive 70/457/
EEC:
the name of thiscomponent, under which it hasbeen officially
accepted, with or without reference to the final variety, accom-
panied, 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 itsfunction
(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’.
10. Where at least germination has been retested, the words ‘retested …
(month and year)’ and the service responsible for such retesting may
be indicated. Such information may be given on an official sticker
attached to the official label. ►M20In accordance with the proce-
dure laid down in Article 21, Member Statesmay be releas ed from
the requirement to indicate the botanical name in respect of indivi-
dual 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 s eed. ◄
(b) For seed mixtures:
►C11. ‘Mixture ◄…’ (species ►M20or varieties ◄).1966L0402 — EN — 10.07.2003 — 010.001 — 29
▼M1
▼B
▼M9
▼B
▼M20
▼B
▼M4
▼M6
▼M20
▼M7
▼C1
▼B
▼B
2. Authority responsible for sealing and Member State.
3. Reference number of lot.
3a. Month and year of sealing expressed thus: ‘sealed …’ (year and
month).
4. Species, category, variety, country of production and proportion by
weight of each of the components; ►M20the namesof the s pecies
and of the varieties shall be indicted (SIC! indicated) at least in
roman characters. ◄
5. Declared net or gross weight or declared number of ►C5seeds◄.
6. 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 pure seeds
and the total weight.
7. Where at least germination of all the components of the mixture has
been retested, the words ‘retested … (month and year)’ and the
service responsible for such retesting may be indicated. Such infor-
mation may be given on an official sticker attached to the official
label.
8. ‘Marketing permitted exclusively in …’ (Member State concerned).
B.Minimum dimensions
110 mm × 67 mm.1966L0402 — EN — 10.07.2003 — 010.001 — 30
▼M9
▼B
▼M4
▼M6
▼M7
▼M12
▼B
▼M20
ANNEXV
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 as components for
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’.
In accordance with the procedure laid down in Article 21, Member States
may be released from the requirement to indicate the 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 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,
(SIC! — 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 harveted and number of packages,— number of generations after basic seed, in the cass (SIC! 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.1966L0402 — EN — 10.07.2003 — 010.001 — 31