1972R1686 — EN — 19.05.2002 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION(EEC)No1686/72OFTHECOMMISSION
of2August1972
oncertain detailedrulesforaidforseed
(OJ L 177, 4.8.1972, p. 26)
Amended by:
Official Journal
No page date
►M1Regulation(EEC) No 1382/74 of the Commissionof 4 Jun e 1974 L 148 9 5.6.1974
►M2CommissionRegulation(EEC) No 2511/88 of 8 August 1988 L 220 10 11.8.1988
►M3CommissionRegulation(EC) No 709/98 of 30 March 1998 L 98 30 31.3.1998
►M4CommissionRegulation(EC) No 800/2002 of 14 May 2002 L 131 3 16.5.2002
Corrected by:
►C1Corrigendum, OJ L 113, 30.4.1999, p. 23 (709/98)
▼B
REGULATION(EEC)No1686/72OFTHECOMMISSION
of2August1972
oncertain detailedrulesforaidforseed
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community;
Having regard to Council Regulation (EEC) No 2358/71(1)o f2 6
October 1972 onthe commonorgan izationof the market inseeds,
and in particular Articles 3 (5) and 9 thereof;
Whereas Council Regulation (EEC) No 1674/72(2) of 2 August 1972
laid down general rules for granting and financing aid for seed;whereas it is for the Commissionto lay downthe relevan t detailedrules;
Whereas, to ensure the proper functioning of the aid system, growing
contracts and growing declarations should be registered sufficiently
early for the required supervisionto be carried out;
Whereas the seed establishment or breeder may require a period in
which to treat, pack and have certified the seeds supplied by thegrower; whereas aid can therefore only be granted to the latter severalmonths after the harvest but whereas a time limit should nonetheless be
fixed;
Whereas applications for aid lodged by seed growers must give at least
the information necessary for supervisory purposes;
Whereas the necessary measures should be laid down for cases where a
seed establishment or a breeder from one Member State grows seed inanother Member State;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the Opinion of the Management Committee for Seeds;
HAS ADOPTED THIS REGULATION:
Article 1
Article 3 of Regulation(EEC) No 2358/71 shall be implemen ted in
accordance with the following detailed rules.
Article 1a
For the purposes of this Regulation ‘marketing’ shall mean holding
available or in stock, displaying for sale, offering for sale, sale or
delivery to another person.
Article 2
Member States may fix annually the time limits for the registration of
growing contracts and declarations provided for in Article 5 of Regula-tion(EEC) No 1674/72.
Article 2a
1. Aid shall be granted only on condition that the seed has in fact
been marketed by the recipient for sowing by the date the request issubmitted. He must prove this to the satisfactionof the Member State.1972R1686 — EN — 19.05.2002 — 004.001 — 2
(1) OJ No L 246, 5.11.1971, p. 1.
(2) OJ No L 177, 4.8.1972, p. 1.▼M3
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2. Member States shall make unannounced checks to verify the first
destination of seed on which aid has been given and on compliancewith the aid conditions and shall notify to the Commission action taken
following such checks.
Article 3
1. From 1 July 2002, for seed other thanrice seed, a maximum
quantity of 305 754 tonnes per year is set on which aid may be grantedinthe Commun ity, allocated to producer Member States as follows:
Belgium: 10077 tonnes
Denmark: 93697 tonnesGermany: 31654 tonnesGreece: 3 846 tonnesSpain: 23976 tonnesFrance: 52981 tonnesIreland: 1 016 tonnesItaly: 18822 tonnesLuxembourg: 865 tonnesNetherlands: 35856 tonnesAustria: 769 tonnesPortugal: 769 tonnesSweden: 8 132 tonnesFinland: 5 853 tonnesUnited Kingdom: 17 910 tonnes.
These quantities shall be expressed in equivalent quantities in accor-
dance with paragraph 2.
2. The conversion into equivalent quantities of the quantities for
which anaid applicationhas beensubmitted shall be made by multi-
plying the quantity relating to each species by its coefficient ofequivalence, laid down in the Annex to this Regulation.
3. Aid shall be granted to the seed grower in response to an applica-
tionto be submitted after the harvest an d before a date fixed by theMember State inquestionfor each species or group of varieties.
4. Without prejudice to paragraph 5, the Member State shall pay the
aid to the seed grower within two months of the application being
lodged and at the latest by 31 July of the year following that of harvest.
By 15 August of the year following the harvest producer Member
States shall notify to the Commission the quantities for which aidapplications have been made.
5. Where, under the fourth subparagraph of Article 3(4a) of Regula-
tion (EEC) No 2358/71, an overrun of the maximum quantity is found
for a specific harvest, if the information provided for in the secondsubparagraph of paragraph 4 has beenreceived, the Commissionshallfix the reductioncoefficien ts for the aid applicable for each MemberState concerned by 30 September for the marketing year following the
overrun.
The reductioncoefficien ts for the aid shall be established inproportion
to the overrun on the national quantity laid down in paragraph 1.
Should the Commission find that the national quantity laid down in
paragraph 1 has not been fully used by a particular Member State, theunused quantity shall be reallocated, for the same marketing year,among the Member States that have overrun their own national quan-1972R1686 — EN — 19.05.2002 — 004.001 — 3
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tity. The Commissionshall reallocate this amoun t ona pro rata basis in
relation to the national quantities for these Member States.
6. The amount of reduced aid applicable for each species shall be
calculated by the Member State by multiplying the amount of aid by
the reduction coefficient obtained pursuant to paragraph 5.
7. The Member States may establish, before the start of the
marketing year, at national level, a production profile, by allocatingtheir national quantity among the various seed species and/or familiesof species.
Member States who intend to avail themselves of the option provided
for in the above subparagraph shall inform the Commission thereof andshall notify it in good time of the measures planned at national level.
These measures must be consistent with Article 3(4a) of Regulation
(EEC) No 2358/71 and with paragraphs 5 and 6, in particular asregards the budget impact of the payment of the aid.
Article 3a
1. For rice seed a maximum quantity of 86624,600 tonnes per year
is set on which aid may be granted in the Community. It is allocated toproducer Member States as follows:
- Spain: 29 625,613 tonnes,
- France: 3 031,861 tonnes,- Greece: 1 472,618 tonnes,- Italy: 50 242,268 tonnes,- Portugal: 2 252,240 tonnes.
The quantity per Member State may be adjusted within the maximum
quantity set for the Community, on the terms set in paragraph 3.
2. Subject to Article 2a, aid onrice seed shall be gran ted to produ-
cers, withinthe maximum limit set for the Commun ity, onapplicationto be lodged after the harvest but before 20 June of the following year.By 15 July of the year following the harvest producer Member Statesshall notify to the Commission the quantities for which aid applications
were made.
3. If the sum total of the quantities for which aid is applied for in
producer Member States exceeds the maximum quantity set for the
Commun ity the aid shall be reduced ineach Member State inpropor-tion to the overrun of its national quantity. The Commission shall setthe reductionpercen tages applicable.
4. The Member State shall pay the aid to the producer between31
July and 30 September of the year following that of harvest.
Article 3b
1. The checks referred to inArticle 2a(2) shall comprise:
(a) administrative checks, notably cross-checks to prevent aid being
paid twice for the same calendar year. These cross-checks shallcover plots subjected to official examination that have been found
to comply with the requirements set by the directives indicated in
the first indent of Article 1(1) of Regulation (EEC) No 1674/72;
(b) checks on documents to verify at least the first destination of seed
onwhich aid has beengran ted;
(c) any other checks that the Member State deems necessary in order
to guarantee that aid is not paid on uncertified seed or seed fromthird countries.
Checks shall cover a significant sample of applications and at least 5 %
of applications for each species. The applications to be checked shallbe determined by the competent authority on the basis of risk analysis1972R1686 — EN — 19.05.2002 — 004.001 — 4
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plus an element of representativeness of the applications made. Risk
analysis shall take account of:
— the aid amount,
— the quantity of certified seed in relation to the area checked,
— change from the previous year,
— other parameters to be defined by the Member State.
2. Where appropriate, Member States shall make checks at the
premises of breeders, other seed establishments and end users.
3. The following Articles of Commission Regulation (EEC) No
3887/92(1) shall apply:
— Article 6(1) (verificationof complian ce with terms onwhich aid is
granted),
— Article 11 (additional national penalties; force majeure ),
— Article 12 (inspection visit report),
— Article 13 (check onthe spot),
— Article 14 (undue payment).
Article 3c
1. Except incases of force majeure late lodging of an application
shall give rise to a 1 % reductionper day of the aid ►C1to which
the seed grower would otherwise ◄have been entitled. Applications
shall be invalid if lodged, in the case of rice seed, after 30th June ofthe year following that of harvest and, in the case of other species orvariety groups, after the 10th day following the time limit set by theMember State.
2. If it is found that seed covered by an application was not in fact
marketed by the applicant for sowing, the ►
C1aid to the seed grower
for the species ◄concerned shall be reduced by 50 % if the quantity
not marketed for sowing amounts to more than 2 % but not more than
5 % of the quantity covered by the application. If the quantity notmarketed exceeds 5 % no seed production aid shall be granted to theproducer for the marketing year in question.
3. If anaid applicationis made for seed n ot officially certified or
not harvested within the Member State in question during the calendaryear in which the marketing year for which the aid has been set begins,no seed production aid shall be granted to the producer for that or the
following marketing year.
Article 4
The applicationfor aid shall in clude at least:
— the name and address of the applicant;
— the quantities of certified seed produced, expressed in quintals to
one decimal point;
— the registration number of the growing contract or growing declara-
tion.
The application shall be accompanied by a supporting document to
show that the quantities of seed referred to have been officially certi-
fied.
Article 5
A seed establishment or a breeder growing seed or having seed grown
ina Member State other thanthat inwhich approval or registrationtook place must supply that other Member State, onrequest, with allthe information required for checking entitlement to aid.1972R1686 — EN — 19.05.2002 — 004.001 — 5
(1) OJ L 391, 31. 12. 1992, p. 36.▼B
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Article 6
Each Member State shall notify the Commission of the provisions and
measures adopted for the applicationof the aid system in troduced by
Article 3 of Regulation(EEC) No 2358/71.
Article 7
This Regulation shall enter into force on the day following its publica-
tioninthe Official Journal of the European Communities .
It shall apply from 1 July 1972.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1972R1686 — EN — 19.05.2002 — 004.001 — 6
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ANNEX I
Product Coefficient of equivalence
1. CEREALS (other thanrice)
Triticum spelta L. 0,45
2. OILSEEDS
Linum usitatiss . (fibre flax) 0,89
Linum usitatiss . (linseed) 0,70
Cannabis sativa L. 0,64
3. GRAMINAEAgrostis canina L. 2,38
Agrostis capillaris L. 2,38
Agrostis gigantea Roth. 2,38
Agrostis stolonifera L. 2,38
Arrhenatherum elatius L. 2,10
Dactylis glomerata L. 1,65
Festuca arundinacae Schreb. 1,84
Festuca ovina L. 1,36
Festuca pratensis Huds. 1,36
Festuca rubra L. 1,15
Festulolium 1,01
Lolium multiflorum Lam. 0,66
Lolium perenne L. 0,97
Lolium x boucheanum 0,66
Phleum bertolonii (DC) 1,60
Phleum pratense L. 2,62
Poa nemoralis L. 1,22
Poa pratensis L. 1,21
Poa trivialis L. 1,22
4. LEGUMINOUS PLANTSHedysarium coronarium L. 1,14
Medicago lupulina L. 1,00
Medicago sativa L. (ecotypes) 0,69
Medicago sativa L. (varieties) 1,15
Onobrichis viciifolia SC 0,63
Pisum sativum L. partim. —
Trifolium alexandrinum L. 1,43
Trifolium hybridum L. 1,44
Trifolium incarnatum L. 1,43
Trifolium pratense L. 1,67
Trifolium repens L. 2,35
Trifolium repens L. gigante 2,22
Trifolium resupinatum L. 1,43
Vicia faba L. partim. —
Vicia sativa L. 0,961972R1686 — EN — 19.05.2002 — 004.001 — 7
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Product Coefficient of equivalence
Vicia villosa Roth. 0,751972R1686 — EN — 19.05.2002 — 004.001 — 8