2002L0057 — EN — 12.06.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE2002/57/EC
of13June2002
onthemarketingofseedofoilandfibre plants
(OJ L 193, 20.7.2002, p. 74)
Amended by:
Official Journal
No page date
►M1Council Directive 2002/68/EC of 19 July 2002 L 195 32 24.7.2002
►M2Commission Directive 2003/45/EC of 28 May 2003 L 138 40 5.6.2003
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COUNCILDIRECTIVE2002/57/EC
of13June2002
onthemarketingofseedofoil andfibre plants
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 37 thereof,
Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament (
1),
Having consulted the Economic and Social Committee,
Whereas:
(1)Council Directive 69/208/EEC of 30 June 1969 on the marketing
of seed of oil and fibre plants (2) has been frequently and
substantially amended (3). For reasons of clarity and rationality
the said Directive should be consolidated.
(2)The production of oil and fibre plants occupies an importantplace in the agriculture of the Community.
(3)Satisfactory results in the cultivation of oil and fibre plants
depend to a large extent on the use of appropriate seed.
(4)Greater productivity will be achieved in the cultivation of oil andfibre plants within the Community if for the choice of the vari-eties permitted to be marketed the Member States apply uniformrules which are as strict as possible. A common catalogue ofvarieties of agricultural plant species is therefore provided in
the Council Directive 2002/53/EC (
4).
(5)It is desirable to establish a uniform certification scheme for theCommunity based on the experience gained in the application of
schemes in the Member States and those of the Organisation forEconomic Cooperation and Development. In the context of theconsolidation of the internal market, the Community schemeshould cover the production of seed with a view to marketing
and to marketing within the Community, and should offer no
possibilities for the Member States to derogate unilaterally fromthe scheme in a way that would hinder the free movement ofseed within the Community.
(6)As a general rule, seed of oil and fibre plants should be allowedto be marketed only if it has been officially examined and certi-fied, in accordance withth e rules for certification, as basic seedor certified seed. The choice of the technical terms ‘basic seed’
and ‘certified seed’ is based on already existing international
terminology. It should be possible under specific conditions toplace on the market bred seed of generations prior to basic seedand seed as grown.
(7)Community rules should not apply to seed shown to be intendedfor export to third countries.
(8)In order to improve not only the genetic quality of Communityseed of oil and fibre plants but also its external characteristics,
certain requirements should be laid down as to analytical purity
and germination.
(9)In order to ensure the identity of the seed, Community rules onpackaging, sampling, sealing and marking must be established.To this end the labels should give the particulars needed both2002L0057 — EN — 12.06.2003 — 002.001 — 2
(1) Opinion delivered on 9 April 2002 (not yet published in the Official
Journal).
(2) OJ L 169, 10.7.1969, p. 3. Directive as last amended by Directive 98/96/EC
(OJ L 25, 1.2.1999, p. 27).
(3) See Annex VI, part A.
(4) See page 1 of this Official Journal.
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for official verification and for the information of the user and
should clearly show the Community nature of the certificationof the certified seed of the various categories.
(10)Rules for the marketing of chemically treated seed, seedssuitable for organic growing as well as for the conservation byusein situof varieties threatened with genetic erosion, should
be introduced.
(11)Derogations must be permitted under certain conditions, without
prejudice to the provisions of Article 14 of the Treaty. Member
States making use of the derogations must mutually assist each
other as regards inspection.
(12)In order to ensure that both the requirements as to the quality ofthe seed and the provisions for ensuring its identity are complied
withduring marketing, Member States must make provision for
appropriate control arrangements.
(13)Seed, satisfying these requirements, should, without prejudice to
Article 30 of the Treaty, be subject to no marketing restrictions
other than those provided for in Community rules.
(14)Subject to certain conditions, seed multiplied in another countryfrom basic seed certified in a Member State should be certified
as seed multiplied in that Member State.
(15)Provision should be made for authorising the marketing within
the Community of seed of oil and fibre plants, which has been
harvested in third countries, only if such seed affords the same
assurances as seed officially certified, or officially approved ascommercial seed, within the Community and complying withCommunity rules.
(16)During periods in which there are difficulties in obtainingsupplies of certified seed of the various categories, seed of aninferior quality should temporarily be permitted to be marketed,and also seeds of varieties not included either in the commoncatalogue or in the national catalogue of varieties.
(17)In order to harmonise the technical methods of certification usedin the Member States and to enable comparisons to be madebetween seed certified within the Community and that comingfrom third countries, Community comparative tests should be
established in Member States to permit annual post-control of
seed of the various categories of ‘certified seed’.
(18)It is desirable to organise temporary experiments for the purpose
of seeking improved alternatives to certain provisions set out in
this Directive.
(19)If certain species of seed are not normally reproduced ormarketed in the territory of a Member State, provision should
be made for release of that Member State, under the procedure
of the Standing Committee on Seeds and Propagating Materialfor Agriculture, Horticulture and Forestry, from the obligationto apply this Directive in respect of the species in question.
(20)The measures necessary for the implementation of this Directiveshould be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for theexercise of implementing powers conferred on the Commis-sion(
1).
(21)This Directive must not affect the obligations of the MemberStates concerning the deadlines for transposition of the Direc-tives set out in Annex VI, part B,2002L0057 — EN — 12.06.2003 — 002.001 — 3
(1) OJ L 184, 17.7.1999, p. 23.
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HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to the production with a view to marketing,
and to the marketing within the Community, of seed of oil and fibreplants intended for agricultural production but not for ornamentalpurposes.
It shall not apply to seed of oil and fibre plants which is shown to be
intended for export to third countries.
Article 2
1. For the purpose of this Directive:(a) ‘marketing’: means the sale, holding with a view to sale, offer for
sale and any disposal, supply or transfer aimed at commercialexploitation of seed to third parties, whether or not for considera-tion.
Trade in seed not aimed at commercial exploitation of the variety,
such as the following operations, shall not be regarded asmarketing:
— the supply of seed to official testing and inspection bodies;
— the supply of seed to providers of services for processing or
packaging, provided the provider of services does not acquiretitle to seed thus supplied.
The supply of seed under certain conditions to providers of
services for the production of certain agricultural raw materials,
intended for industrial purposes, or seed propagation for thatpurpose, shall not be regarded as marketing, provided the providerof services does not acquire title to either the seed thus suppliedor the product of the harvest. The supplier of seed shall providethe certification authority with a copy of the relevant parts of 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 deter-
mined in accordance withth e procedure referred to in Article25(2);
(b) ‘oil and fibre plants’: means plants of the following genera and
species:
Arachis hypogaea L. Groundnut (peanut)
Brassica juncea (L.) and
Czernj andCossonBrown mustard
Brassica napus L. (partim) Swede rape
Brassica nigra (L.) Koch Black mustard
Brassica rapa L. var. silvestris
(Lam.) BriggsTurnip rape
Cannabis sativa L. Hemp
Carthamus tinctorius L. Safflower
Carum carvi L. Caraway
Glycine max (L.) Merr. Soja bean
Gossypium spp. Cotton
Helianthus annuus L. Sunflower
Linum usitatissimum L. Flax, linseed
Papaver somniferum L. Opium poppy
Sinapis alba L. White mustard;2002L0057 — EN — 12.06.2003 — 002.001 — 4
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(c) ‘basic seed’: (varieties other than hybrids) means seed
(i) which has been produced under the responsibility of the
breeder according to accepted practices for the maintenanceof the variety;
(ii) which is intended for the production of seed either of the
category ‘certified seed’ or of the categories ‘certified seed,first generation’ or ‘certified seed, second generation’ or,
where appropriate, ‘certified seed, third generation’;
(iii) which, subject to the provisions of Article 5, satisfies the
conditions laid down in Annexes I and II for basic seed; and
(iv) which has been found by official examination to satisfy the
abovementioned conditions.
(d) ‘basic seed’ (hybrids):
1. ‘Basic seed of inbred lines’ means seed
(i) which, subject to the provisions of Article 5, satisfies the
conditions laid down in Annexes I and II for basic seed;and
(ii) which has been found by official examination to satisfy the
abovementioned conditions;
2. ‘Basic seed of simple hybrids’ means seed
(i) which is intended for the production of three-way-cross
hybrids or double-cross hybrids;
(ii) which, subject to the provisions of Article 5, satisfies the
conditions laid down in Annexes I and II for basic seed;and
(iii) which has been found by official examination to satisfy
the abovementioned conditions;
(e) ‘certified seed’: (turnip rape, brown mustard, swede rape, dioe-
cious hemp, safflower, black mustard, caraway, sunflower, opiumpoppy, white mustard) means seed
(i) which has been produced directly from basic seed or, if the
breeder so requests, from seed of a generation prior to basicseed and which can satisfy and has been found by officialexamination to satisfy the conditions laid down in Annexes Iand II for basic seed;
(ii) which is intended for purposes other than the production of
seed of oil or fibre plants;
(iii) which, subject to the provisions of point (b) of Article 5,
satisfies the conditions laid down in Annexes I and II for
certified seed; and
(iv) — which has been found by official examination to satisfy
the abovementioned conditions, or
— in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official
examination or by examination carried out under officialsupervision;
(f) ‘certified seed, first generation’: (groundnut, monoecious hemp,
flax, linseed, soya, cotton) means seed
(i) which has been produced directly from basic seed or, if the
breeder so requests, from seed of a generation prior to basicseed which can satisfy and has been found by official exam-
ination to satisfy the conditions laid down in Annexes I and
II for basic seed;
(ii) which is intended either for the production of seed of the
category ‘certified seed, second generation’ or, where appro-priate, of the category ‘certified seed, third generation’, or forpurposes other than the production of seed of oil or fibreplants;
(iii) which satisfies the conditions laid down in Annexes I and II
for certified seed; and2002L0057 — EN — 12.06.2003 — 002.001 — 5
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(iv) — which has been found by official examination to satisfy
the abovementioned conditions, or
— 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, second generation’: (groundnut, flax, linseed,
soya, cotton) means seed
(i) which has been produced directly from basic seed, from certi-
fied seed of the first generation or, if the breeder so requests,from seed of a generation prior to basic seed and which cansatisfy and has been found by official examination to satisfythe conditions laid down in Annexes I and II for basic seed;
(ii) which is intended for purposes other than the production of
seed of oil or fibre plants or, where appropriate, which isintended for the production of seed of the category ‘certified
seed, third generation’;
(iii) which satisfies the conditions laid down in Annexes I and II
for certified seed; and
(iv) — which has been found by official examination to satisfy
the abovementioned conditions, or
— in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official
examination or by examination carried out under officialsupervision;
(h) ‘certified seed, second generation’ (monoecius hemp): means seed
(i) which has been produced directly from certified seed of the
first generation which has been established and officiallycontrolled witha special view to th e production of certified
seed of the second generation;
(ii) which is intended for the production of hemp to be harvested
in flower;
(iii) which satisfies the conditions laid down in Annexes I and II
for certified seed; and
(iv) — which has been found by official examination to satisfy
the abovementioned conditions, or
— in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official
examination or by examination carried out under official
supervision;
(i) ‘certified seed, third generation’: (flax, linseed) means seed
(i) which is of direct descent from basic seed, from certified
seed of the first or second generation or, if the breeder sorequests, from seed of a generation prior to basic seed andwhich can satisfy and has been found by official examination
to satisfy the conditions laid down in Annexes I and II for
basic seed;
(ii) which is intended for purposes other than the production of
seed of oil or fibre plants;
(iii) which satisfies the conditions laid down in Annexes I and II
for certified seed; and
(iv) — which has been found by official examination to satisfy
the abovementioned conditions, or
— in the case of the conditions laid down in Annex I, has
been found to satisfy those conditions either by official
examination or by examination carried out under officialsupervision;
(j) ‘commercial seed’: means seed
(i) which is identifiable as belonging to a species;
(ii) which, subject to the provisions of Article 5(b), satisfies the
conditions laid down in Annex II for commercial seed, and
(iii) which has been found by official examination to satisfy the
abovementioned conditions;2002L0057 — EN — 12.06.2003 — 002.001 — 6
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(k) ‘official measures’: means measures taken
(i) by State authorities; or
(ii) by any legal person whether governed by public or by private
law, acting under the responsibility of the State; or
(iii) in the case of ancillary activities which are also subject to
State control, by any natural person duly sworn for thatpurpose,
provided that the persons mentioned under (ii) and (iii) derive no
private gain from suchmeasures.
2. Amendments to be made to the list of species referred to in para-
graph 1(b) shall be adopted in accordance with the procedure laid downin Article 25(2).
3. The different types of varieties, including the components,
eligible for certification under the provisions of this Directive may bespecified and defined in accordance withth e procedure laid down inArticle 25(2).
3a. Amendments to be made to paragraph1(c) and (d) for th e
purpose of including hybrids of oil and fibre plants other thansunflower within the scope of this Directive shall be adopted in accor-dance withth e procedure laid down in Article 25(2).
4. Member States may:
(a) in the case of flax or linseed seed, include several generations in
the basic seed category and subdivide this category by generation;
(b) provide that official examination to check compliance with the
condition laid down in Annex II(I)(4) for Brassica napus shall not
be carried out on all lots during certification unless there is doubtwhether that condition has been satisfied.
5. When the examination under official supervision referred to in
paragraph1(e)(iv) second indent, 1(f)(iv) second indent, 1(h )(iv)
second indent and 1(i)(iv) second indent above is carried out, the
following requirements shall be complied with:
(a) the inspectors shall:
(i) have the necessary technical qualifications;
(ii) derive no private gain in connection withth e carrying out of
the inspections;
(iii) 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-tors of a written statement of commitment to the rulesgoverning official examinations;
(iv) carry out inspections under official supervision in accordance
withth e rules applicable to official inspections;
(b) the seed crop to be inspected shall be grown from seed which has
undergone official post-control, the results of which have beensatisfactory;
(c) a proportion of the seed crops shall be checked by official inspec-
tors. That proportion shall be 10 % for self-pollinated crops and
20 % for cross-pollinated crops or, for those species for whichMember States provide for official laboratory seed-testing usingmorphological, physiological or, where appropriate, biochemicalprocedures to identify the variety and establish purity, 5 % and15 % respectively;
(d) a proportion of samples from the seed lots harvested from the seed
crops shall be drawn for official post-control and, where appro-priate, for official laboratory seed testing in respect of varietalidentity and purity.
Member States shall determine the penalties applicable to infringe-
ments of the rules set out in the first subparagraph governing2002L0057 — EN — 12.06.2003 — 002.001 — 7
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examination under official supervision. The penalties they provide for
must be effective, proportionate and dissuasive. Penalties may includethe withdrawal of the recognition referred to in point (a)(iii) of the first
subparagraphfrom officially licensed inspectors wh o are found guilty
of deliberately or negligently contravening the rules governing officialexaminations. Any certification of the seed examined shall be annulledin the event of such contravention unless it can be shown that suchseed still meets all relevant requirements.
6. Further measures applicable to the carrying out of examinations
under official supervision may be adopted in accordance withth eprocedure referred to in Article 25(2).
Until suchmeasures are adopted, th e conditions set out in Article 2 of
Commission Decision 89/540/EEC (
1) shall be adhered to.
Article 3
1. Member States shall provide that seed of:Brassica napus L. (partim)
Brassica rapa L. var.silvestris (Lam.) Briggs
Cannabis sativa L.
Carthamus tinctorius L.
Carum carvi L.
Gossypium spp.
Helianthus annuus L.
Linum usitatissimum L. (partim) — flax, linseed
may not be placed on the market unless it has been officially certified
as ‘basic seed’ or ‘certified seed’.
2. Member States shall provide that seed of oil and fibre plant
species other than those listed in paragraph 1 may not be placed on
the market unless the seed has been officially certified as ‘basic seed’
or ‘certified seed’, or is commercial seed.
3. It may be provided, under the procedure laid down in Article
25(2), that after specified dates seed of oil and fibre plant species other
than those listed in paragraph 1 may not be placed on the market unless
it has been officially certified as ‘basic seed’ or ‘certified seed’.
4. Member States shall ensure that official examinations are carried
out in accordance withcurrent international meth ods, in so far as suchmethods exist.
Article 4
Notwithstanding Article 3(1) and (2), Member States shall provide that:
— bred seed of generations prior to basic seed, and
— seed as grown, marketed for processing, provided that the identity
of the seed is ensured,
may be placed on the market.
Article 5
Member States may, by way of derogation from the provisions of
Article 3:
(a) authorise the official certification and marketing of basic seed
which does not satisfy the conditions laid down in Annex II in
respect of germination; to this end all necessary measures shall be
taken to ensure that the supplier guarantees a specific germinationwhich he shall state for marketing purposes on a special label2002L0057 — EN — 12.06.2003 — 002.001 — 8
(1) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Decision 96/336/
EC (OJ L 128, 29.5.1996, p. 23).
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bearing his name and address and the reference number of the seed
lot;
(b) in order to make seed rapidly available, notwithstanding the fact
that official examination to check compliance with the conditionslaid down in Annex II in respect of germination has not beenconcluded, authorise the official certification or approval andmarketing as far as the first buyer by way of trade of seed of thecategories ‘basic seed’, ‘certified seed’ of all categories or
‘commercial seed’. Certification or approval shall be granted only
on presentation of a provisional analytical report on the seed andprovided that the name and address of the first recipient are given;all necessary measures shall be taken to ensure that the supplierguarantees the germination ascertained at the provisional analysis;this germination shall be stated for marketing purposes on a special
label bearing the name and address of the supplier and the refer-
ence number of the lot.
These provisions shall not apply to seed imported from third countries,
save as otherwise provided in Article 18 in respect of multiplicationoutside the Community.
Member States making use of the derogation provided for in either
point (a) or (b) shall assist each other administratively as regardsinspection.
Article 6
1. Notwithstanding Article 3(1) and (2), Member States may
authorise procedures in 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 belongs to varieties for 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 avoid
adverse 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 2002/53/EC shall apply accordingly.
2. The purposes for which the authorisations referred to in paragraph
1(b) may be given, the provisions relating to the marking of packages,and the quantities and the conditions under which Member States maygrant such authorisation, shall be determined in accordance with theprocedure referred to in Article 25(2).
3. Authorisations granted before 14 December 1998 by Member
States to producers in their own territory for the purposes set out in
paragraph 1 shall remain in force pending determination of the provi-
sions referred to in paragraph 2. Thereafter, all such authorisationsshall respect the provisions established in accordance with paragraph 2.
Article 7
Member States may, as regards the conditions laid down in Annexes I
and II, impose additional or more stringent requirements for the certifi-
cation of seed and also for the examination of commercial seed whichis produced in their own territory.
Article 8
Member States shall provide that the description of genealogical
components which may be required is, if the breeder so requests,
treated as confidential.
Article 9
1. Member States shall require that, for the checking of varieties, the
examination of seed for certification and the examination of commer-2002L0057 — EN — 12.06.2003 — 002.001 — 9
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cial seed, samples are drawn under official supervision in accordance
withappropriate meth ods.
2. For the examination of seed for certification and the examination
of commercial seed, samples shall be drawn from homogeneous lots;the maximum weight of a lot and the minimum weight of a sampleare given in Annex III.
Article 10
1. Member States shall require that basic seed, certified seed of all
categories and commercial seed be marketed only in sufficiently homo-
geneous consignments and in sealed packages bearing, as prescribed in
Articles 11 and 12, a sealing system and markings.
2. Member States may, for the marketing of small quantities to the
final consumer, provide for derogations from the provisions of para-
graph1 in respect of packaging, sealing and marking.
Article 11
1. Member States shall require that packages of basic seed, certified
seed of all categories and commercial seed, be sealed officially orunder official supervision in such a manner that they cannot be openedwithout damaging the sealing system or leaving evidence of tamperingon either the official label provided for in Article 12(1) or the package.
In order to ensure sealing, the sealing system shall comprise at least
either the official label or the affixing of an official seal.
The measures provided for in the second subparagraph above shall not
be necessary where a non-reusable sealing system is used.
In accordance withth e procedure referred to in Article 25(2), it may be
established whether a particular sealing system complies with the
provisions of this paragraph.
2. Packages which have been officially sealed shall not be resealed,
whether one or more times, except officially or under official supervi-sion. If packages are resealed, the fact of resealing, the most recent
date of resealing and the authority responsible therefor shall be stated
on the label required under Article 12(1).
3. Member States may provide for exceptions to paragraph1 in th e
case of small packages sealed in their own territory. Conditions relating
to these exceptions may be determined in accordance with the proce-dure referred to in Article 25(2).
Article 12
1. Member States shall require that packages of basic seed, certified
seed of all categories and commercial seed:
(a) be labelled on the outside with an official label which has not
previously been used, which satisfies the conditions laid down in
Annex IV and on which the information is given in one of the offi-cial languages of the Community. The colour of the label shall bewhite for basic seed, blue for certified seed of the first generationafter basic seed, red for certified seed of subsequent generations
and brown for commercial seed. ►
M1In the case of certified
seed of a varietal association, the label shall be blue with a diag-onal green line. ◄When a label with a string-hole is used, its
attachment shall be ensured in all cases with an official seal. If, incases under Article 5(a), the basic seed does not satisfy the condi-tions laid down in Annex II in respect of germination, this fact
shall be stated on the label. The use of official adhesive labels shall
be authorised. In accordance with the procedure referred to inArticle 25(2) the indelible printing under official supervision ofthe information on the package according to the label's model maybe authorised;
(b) contain an official document, in the same colour as the label,
giving at least the information required under Annex IV(A)(a)(4),2002L0057 — EN — 12.06.2003 — 002.001 — 10
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(5) and (6) and in the case of commercial seed, under (b) (2), (5)
and (6). This document shall be drawn up in such a manner that itcannot be confused withth e official label referred to under (a).
This document is not necessary if the information is printed indel-
ibly on the package or if, in accordance with the provisions under(a), an adhesive label or a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph1 in th e
case of small packages sealed on their own territory. Conditions
relating to these exceptions may be determined in accordance with the
procedure referred to in Article 25(2).
3. This Directive shall not affect the right of Member States to
require that seed of oil and fibre plants which is shown to be intendedfor purposes other than agricultural production may not be placed on
the market unless this fact is stated on the label.
Article 13
In accordance withth e procedure laid down in Article 25(2), it may be
provided that Member States may require that, in cases other than thoseprovided for in this Directive, packages of basic seed, certified seed of
all categories or commercial seed shall bear a supplier's label (which
may either be a label separate from the official label or take the formof suppliers' information printed on the package itself). The particularsto be provided on any such label shall also be established in accor-dance withth e procedure referred to in Article 25(2).
Article 14
In the case of seed of a variety which has been genetically modified,
any label or document, official or otherwise, which is affixed to oraccompanies the seed lot, under the provisions of this Directive, shallclearly indicate that the variety has been genetically modified.
Article 15
Member States shall require that any chemical treatment of basic seed,
certified seed of all categories or commercial seed be noted either onthe official label or on the supplier's label on on the package or insideit.
Article 16
For the purpose of seeking improved alternatives to certain provisions
set out in this Directive, it may be decided to organise temporaryexperiments under specified conditions at Community level in accor-dance withth e provisions referred to in Article 25(2).
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 provisions to which itapplies. The duration of an experiment shall not exceed seven years.
Article 17
Member States shall ensure that seed which is placed on the market
under the provisions of this Directive, whether mandatory or discre-
tionary, is not subject to any marketing restrictions as regards itscharacteristics, examination requirements, marking and sealing otherthan those laid down in this or any other Directive.
Article 18
The conditions under which bred seed of generations prior to basic
seed may be placed on the market under the first indent of Article 4,
shall be as follows:
(a) it must have been officially inspected by the competent certifica-
tion authority in accordance with the provisions applicable to thecertification of basic seed;2002L0057 — EN — 12.06.2003 — 002.001 — 11
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(b) it must be packed in accordance withth is Directive; and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distinguishing
abbreviation,
— lot reference number,
— monthand 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, in
roman characters,
— variety, indicated at least in roman characters,— the description ‘pre-basic seed’,— number of generations preceding seed of the categories ‘certi-
fied seed’, or ‘certified seed of the first generation’.
The label shall be white with a diagonal violet line.
Article 19
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 or more
Member States or in a third country which has been granted equiva-
lence under Article 20(b), or which has been produced directly fromthe crossing of basic seed officially certified in a Member Statewithbasic seed officially certified in sucha th ird country, and
— which has been harvested in another Member State,
shall, on request and without prejudice to the provisions of Directive
2002/53/EC, be officially certified as certified seed in any MemberState if that seed has undergone field inspection satisfying the condi-tions laid down in Annex I for the relevant category and if officialexamination has shown that the conditions laid 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 Statesmay also authorise official certification as basic seed, if the conditions
laid down for that category are satisfied.
2. Seed of oil and fibre plants which has been harvested in the
Community and which is intended for certification in accordance with
paragraph1 sh all:
— be packed and labelled withan official label satisfying th e condi-
tions laid down in Annex V(A) and (B), in accordance with
Article 11(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 documents for the certification of seeds which havenot been definitively certified and those responsible for certificationare the same, or if they agree on exemption.
3. Member States shall also provide that 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 moreMember States or in a third country which has been granted equiva-lence under Article 20(b), or which has been produced directly fromthe crossing of basic seed officially certified in a Member State
withbasic seed officially certified in sucha th ird country, and
— which has been harvested in a third country,
shall, on request, be officially certified as certified seed in any of those
Member States where the basic seed was either produced or officially2002L0057 — EN — 12.06.2003 — 002.001 — 12
▼B
certified, if the seed has undergone field inspection satisfying the
conditions laid down in an equivalence decision made under Article20(a) for the relevant category and if official examination has shown
that the conditions laid down in Annex II for the same category are
satisfied. Other Member States may also authorise official certificationof suchseed.
Article 19a
1. Member States shall permit seed of species of oil and fibre plants
to be marketed in the form of a varietal association.
2. For purposes of paragraph1:
(a) ‘varietal association’ means an association of certified seed of a
specified pollinator-dependant hybrid officially admitted under
Directive 2002/53/EC withcertified seed of one or more specifiedpollinator(s), similarly admitted, and mechanically combined inproportions jointly determined by the persons responsible for themaintenance of these components, such combination having beennotified to the certification authority;
(b) ‘pollinator-dependant hybrid’ means the male-sterile component
within the ‘varietal association’ (female component);
(c) ‘pollinator(s)’ means the component shedding pollen within the
‘varietal association’ (male component).
3. The seed of the female and male components shall be dressed
using seed dressings of different colours.
Article 20
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 18, the field inspections in the
third country satisfy the conditions laid down in Annex I;
(b) seed of oil and fibre plants which has been harvested in a third
country and affords the same assurances as regards its characteris-
tics and the arrangements for its examination, for ensuring its
identity, for marking and for control is equivalent in these respectsto basic seed, certified seed, certified seed of the first, second orthird generation or commercial seed harvested within the Commu-nity and complying with the provisions of this Directive.
2. Paragraph1 sh all also apply in respect of any new Member State
from the date of its accession to the date on which it is to bring intoforce the laws, regulations or administrative provisions necessary to
comply withth is Directive.
Article 21
1. In order to remove any temporary difficulties in 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 25(2) that Member States shall
permit, for a specified period, the marketing throughout the Commu-nity in quantities necessary to resolve the supply difficulties of seedof a category subject to less stringent requirements, or of seed of avariety not included in the Common Catalogue of Varieties of Agricul-
tural Plant Species or in the national catalogue of varieties of 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 catalogues the official label shallbe that provided for commercial seed. The label shall always statethat the seed in question is of a category satisfying less stringentrequirements.2002L0057 — EN — 12.06.2003 — 002.001 — 13
▼M1
▼B
▼B
3. Rules for the application of paragraph 1 may be adopted in accor-
dance withth e procedure referred to in Article 25(2).
Article 22
1. Member States shall ensure that official inspections are carried
out in relation to the marketing of seed of oil and fibre plants, at least
by random checks, to verify compliance with the requirements of thisDirective.
2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures to ensure
that they are supplied with the following particulars during the
marketing of quantities exceeding two kilograms of seed 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 withth e procedure referred to in Article25(2).
Article 23
1. Community comparative tests shall be carried out within the
Community for the post-control of samples of basic seed, with theexception of that of hybrid or synthetic varieties, and of certified seed
of all categories of oil and fibre plants, taken during sampling. Satis-
faction of the conditions with which the seed must comply may bechecked during the post-control tests. The arrangements for holdingthe tests and their results shall be submitted to the Committee referredto in Article 25(1).
2. These comparative tests shall be used to harmonise the technical
methods of certification so as to obtain results which are equivalent. As
soon as this aim is achieved, annual progress reports shall be made onthese tests and sent in confidence to the Member States and to theCommission. The Commission shall, in accordance with the procedurereferred to in Article 25(2), set the date for the first report.
3. The Commission, acting in accordance with the procedure laid
down in Article 25(2), shall make the necessary arrangements for thecomparative tests to be carried out. Seed of oil and fibre plantsharvested in third countries may be included in the comparative tests.
Article 24
Amendments to be made to the content of the Annexes in the light of
the development of scientific or technical knowledge shall be adopted
according to the procedure referred to in Article 25(2).
Article 25
1. The Commission shall be assisted by the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture andForestry, set up by Article 1 of Council Decision 66/399/EEC (
1).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.2002L0057 — EN — 12.06.2003 — 002.001 — 14
(1) OJ L 125, 11.7.1966, p. 2289/66.
▼B
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its rules of procedure.
Article 26
Save as otherwise provided in Annex II in respect of the presence of
diseases, harmful organisms and their vectors, this Directive shall be
without prejudice to the provisions of national laws justified on
grounds of the protection of health and life of humans, animals orplants or the protection of industrial and commercial property.
Article 27
1. Specific conditions may be established in accordance with the
procedure referred to in Article 25(2) to take account of developmentsin the areas of:
(a) conditions under which chemically treated seed may be marketed;
(b) conditions under which seed may be marketed in relation to the
conservation in situand the sustainable use of plant genetic
resources, including seed mixtures of species which also include
species listed in Article 1 of Directive 2002/53/EC, and are asso-
ciated withspecific natural and semi-natural h abitats and arethreatened by genetic erosion;
(c) conditions under which seed suitable for organic production may be
marketed.
2. The specific conditions referred to in paragraph 1(b) shall include
in particular the following points:
(a) the seed of these species shall be of a known provenance approved
by the appropriate Authority in each Member State for marketingthe seed in defined areas;
(b) appropriate quantitative restrictions.
Article 28
Upon application by a Member State, which will be dealt with as
referred to Article 25(2), that State may be wholly or partially released
from the obligation to apply the provisions of this Directive, with theexception of Article 17:
(a) in respect of the following species:
— Safflower;
(b) in respect of other species which are not normally reproduced or
marketed in its territory.
Article 29
The Member States shall communicate to the Commission the text of
the main provisions of domestic law they adopt in the field coveredby this Directive.
The Commission shall inform the other Member States thereof.
Article 30
No later than 1 February 2004, the Commission shall submit a detailed
evaluation of the simplifications of the certification procedures intro-duced by Article 5 of Directive 98/96/EC. This evaluation shall focusin particular on the possible effects on the quality of the seed.
Article 31
1. Directive 69/208/EEC as amended by the Directives listed in
Annex VI part A, is hereby repealed without prejudice to the obliga-tions of the Member States concerning the deadlines for transpositionof the said Directives set out in Annex VI part B.2002L0057 — EN — 12.06.2003 — 002.001 — 15
▼B
2. References to the repealed Directive shall be construed as refer-
ences to this Directive and shall be read in accordance with thecorrelation table in Annex VII.
Article 32
This Directive shall enter into force on the twentieth day following that
of its publication in the Official Journal of the European Communities .
Article 33
This Directive is addressed to the Member States.2002L0057 — EN — 12.06.2003 — 002.001 — 16
▼B
ANNEX I
CONDITIONSTOBESATISFIEDBYTHECROP
1. The previous cropping of the field shall not have been incompatible with the
production of seed of the species and variety of the crop, and the field shall
be sufficiently free from suchplants wh ichare volunteers from previous
cropping.
In the case of hybrids of swede rape, the crop shall be raised in a production
ground where five years have elapsed since plants of Cruciferae were last
grown.
2. The crop shall conform to the following standards as regards distances from
neighbouring sources of pollen which may result in undesirable foreign polli-
nation:
CropMinimum
distance
Brassica spp. other than Brassica napus ;Cannabis sativa
other than monoecius hemp; Carthamus tinctorius ;Carum
carvi;Gossypium spp. other than hybrids of Gossypium
hirsutum and/orGossypium barbadense ;Sinapis alba :
— for the production of basic seed 400 m
— for the production of certified seed 200 m
Brassica napus :
— for the production of basic seed of varieties other than
hybrids200 m
— for the production of basic seed of hybrids 500 m
— for the production of certified seed of varieties other
than hybrids100 m
— for the production of certified seed of hybrids 300 m
Cannabis sativa , monoecius hemp:
— for the production of basic seed 5 000 m
— for the production of certified seed 1 000 m
Helianthus annuus :
— for the production of basic seed of hybrids 1 500 m
— for the production of basic seed of varieties other than
hybrids750 m
— for the production of certified seed 500 m
Gossypium hirsutum and/orGossypium barbadense :
— for the production of basic seed of parental lines of
Gossypium hirsutum600 m
— for the production of basic seed of parental lines of
Gossypium barbadense800 m
— for the production of certified seed of intraspecific
hybrids of Gossypium hirsutum200 m
— for the production of certified seed of intraspecific
hybrids of Gossypium barbadense600 m
— for the production of certified seed of interspecific
hybrids of Gossypium hirsutum andGossypium barba-
dense600 m
These distances can be disregarded if there is sufficient protection from any
undesirable foreign pollination.2002L0057 — EN — 12.06.2003 — 002.001 — 17
▼M2
▼B
▼M2
▼B
▼M2
3. The 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 restoration of fertility.
In particular, crops of Brassica juncea ,Brassica nigra ,Cannabis sativa ,
Carthamus tinctorius ,Carum carvi ,Gossypium spp. and hybrids of
Helianthus annuus andBrassica napus shall conform to the following stan-
dards or other conditions:
A.Brassica juncea ,Brassica nigra ,Cannabis sativa ,Carthamus tinctorius ,
Carum carvi andGossypium spp. other than hybrids:
the number of plants of the crop species which are recognisable 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. hybrids of Helianthus annuus :
(a) the percentage by number of plants which are recognisable as
obviously not being true to the inbred line or to the component shall
not exceed:
(aa) for the production of basic seed:
(i) inbred lines 0,2 %
(ii) simple hybrids:
— male parent, plants which have shed
pollen while 2 % or more of the female
plants have receptive flowers 0,2 %
— female parent 0,5 %
(bb) for the production of certified seed:
— male component, plants which have shed
pollen while 5 % or more of the female plants
have receptive flowers 0,5 %
— 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 compo-
nent while the plants of the female component are in flower;
(bb) where the female component plants have receptive stigmas, the
percentage by number of female component plants which have
shed pollen or are shedding pollen shall not exceed 0,5 %;
(cc) for the production of basic seed the total percentage by number
of plants of the female component which are recognisable as
obviously not being true to the component and which have
shed pollen or are shedding pollen shall not exceed 0,5 %;
(dd) where the condition laid down in Annex II(I)(2) cannot be satis-
fied, the following conditions shall be satisfied: a male-sterile
component shall be used to produce certified seed by using a
male component which contains a specific restorer line or lines
so that at least one third of the plants grown from the resulting
hybrid will produce pollen which appears normal in all respects;
C. hybrids of Brassica napus , produced using the male sterility:
(a) the percentage by number of plants which are recognisable as
obviously not being true 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 hybrids
— male component 0,1 %
— female component 0,2 %2002L0057 — EN — 12.06.2003 — 002.001 — 18
▼M2
(bb) for the production of certified seed
— male component 0,3 %
— female component 1,0 %
(b) male sterility shall be at least 99 % for the production of basic seed
and 98 % for the production of certified seed. The level of male steri-
lity shall be assessed by examining flowers for the absence of fertile
anthers;
D. hybrids of Gossypium hirsutum andGossypium barbadense :
(a) in crops to produce basic seed of parental lines of Gossypium
hirsutum andGossypium barbadense , the minimum varietal purity of
both the female and male parental lines shall be 99,8 % when 5 % or
more of seed-bearing plants have pollen receptive flowers. The level
of male sterility of the seed-bearing parent line shall be assessed by
examining the flowers for the presence of sterile anthers and shall not
be less than 99,9 %;
(b) in crops to produce certified seed of hybrid varieties of Gossypium
hirsutum and/orGossypium barbadense , the minimum varietal purity
of both the seed-bearing parent and the pollen parent line shall be
99,5 % when 5 % or more of seed-bearing plants have pollen recep-
tive flowers. The level of male sterility of the seed-bearing parent
line shall be assessed by examining the flowers for the presence of
sterile anthers and shall not be less than 99,7 %.
4. Harmful organisms which reduce the usefulness of the seed shall be at the
lowest possible level. In the case of Glycine max. this condition is applicable
in particular to the organisms Pseudomonas syringae pv.glycinea, Diaporthe
phaseolorum var.caulivora and var. sojae,Phialophora gregata and
Phytophthora megasperma f.sp.glycinea.
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. in cases other than crops of hybrids of Helianthus annuus ,Brassica
napus,Gossypium hirsutum andGossypium barbadense , there shall be at
least one inspection.
In the case of hybrids of Helianthus annuus there shall be at least two
inspections.
In the case of hybrids of Brassica napus there shall be at least three
inspections: the first shall be made before the flowering stage, the second
at the early flowering stage and the third at the end of the flowering
stage.
In the case of hybrids of Gossypium hirsutum and/orGossypium barba-
densethere shall be at least three inspections: the first shall be made at
the early flowering stage, the second before the end of the flowering
stage and the third at the end of the flowering stage after removal, where
appropriate, of the pollen parent plants,
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.2002L0057 — EN — 12.06.2003 — 002.001 — 19
▼B
▼M2
▼B
▼B
ANNEX II
CONDITIONSTOBESATISFIEDBYTHESEED
I. BASIC AND CERTIFIED SEED
1. The seed shall have sufficient varietal identity and varietal purity. In parti-
cular, seeds of the species listed below shall conform to the following
standards or other conditions:
Species and categoryMinimum
varietal purity
(%)
12
Arachis hypogaea:
— basic seed 99,7
— certified seed 99,5
Brassica napus ►M2other than hybrids ◄, other than
varieties to be used solely for fodder purposes, Brassica
rapa, other than varieties to be used solely for fodder
purposes
— basic seed 99,9
— certified seed 99,7
Brassica napus spp. ►M2other than hybrids ◄, varieties
to be used solely for fodder purposes, Brassica rapa , vari-
eties to be used solely for fodder purposes, Helianthus
annuus, other than hybrid varieties including their compo-
nents,Sinapis alba :
— basic seed 99,7
— certified seed 99
Linum usitatissimum :
— basic seed 99,7
— certified seed, 1st generation 98
— certified seed, 2nd and 3rd generations 97,5
Papaver somniferum :
— basic seed 99
— certified seed 98
Glycine max :
— basic seed 99,5
— certified seed 99
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance withth e conditions laid down in Annex I.
1a. In the case of hybrids of Brassica napus produced using male sterility the
seed shall conform with the conditions and standards set out in points (a)
to (d).
(a) The seed shall have sufficient identity and purity as regards the varietal
characteristics of its components, including male sterility or restoration
of fertility.
(b) The minimum varietal purity of the seed shall be:
— basic seed, female component 99,0 %,2002L0057 — EN — 12.06.2003 — 002.001 — 20
▼M2
▼M2
— basic seed, male component 99,9 %,
— certified seed 90,0 %.
(c) Seed shall not be certified as certified seed unless due account has been
taken of the results of official post-control plot tests on samples of basic
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 has met the requirements for basic seed laid down in respect
of identity as regards the characteristics of the components, including
male sterility, and the standards for basic seed laid down in respect of
the minimum varietal purity laid down in point (b).
In the case of basic seed of hybrids, the varietal purity may be assessed
by appropriate biochemical methods.
(d) The standards in respect of the minimum varietal purity laid down in
point (b) in respect of certified seed of hybrids shall be monitored by
official post-control tests on an appropriate proportion of samples taken
officially. Appropriate biochemical methods may be utilised.
2. 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 of sunflower a female male-sterile component and a male
component which does not restore 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 parent shall not exceed two to one.
3. The seed shall conform to the followign standards or other conditions as
regards germination, analytical purity and content of seeds of other plant
species including Orobanche spp.:2002L0057 — EN — 12.06.2003 — 002.001 — 21
▼B
A. Table:
Species and categoryMinimum-
germination
(% of pure
seed)Analytical purityMaximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of Annex III
(total per column)
Conditions
as regards
content of
Orobanche
seedsMinimum
analytical
purity (% by
weight)Maximum
content seed
of other
plant species
(% by
weight)Other plant species
(a)Avena fatua,
Avena ludo-
viciana,
Avena ster-
ilisCuscutaspp.Raphanus
raphanis-
trumRumexspp.
other than-
Rumex acet-
osellaAlopecurus
myosuroidesLolium
remotum
1 2 3 45678 9 1 0 1 1 1 2
Arachis hypogaea 70 99 — 5 0 0 (c)
Brassica spp.
— basic seed 85 98 0,3 — 0 0 (c) (d) 10 2
— certified seed 85 98 0,3 — 0 0 (c) (d) 10 5
Cannabis sativa 75 98 — 30 (b) 0 0 (c) (e)
Carthamus tinctorius 75 98 — 5 0 0 (c) (e)
Carum carvi 70 97 — 25 (b) 0 0 (c) (d) 10 3
Gossypium spp. 80 98 — 15 0 0 (c)
Helianthus annuus 85 98 — 5 0 0 (c)
Linum usitatissimum:
— flax 92 99 — 15 0 0 (c) (d) 4 2
— linseed 85 99 — 15 0 0 (c) (d) 4 2
Papaver somniferum 80 98 — 25 (b) 0 0 (c) (d)
Sinapis alba:
— basic seed 85 98 0,3 — 0 0 (c) (d) 10 2
— certified seed 85 98 0,3 — 0 0 (c) (d) 10 5
Glycine max. 80 98 — 5 0 0 (c)▼B2002L0057 — EN — 12.06.2003 — 002.001 — 22
▼B
B. Standards or other conditions applicable where reference is made to
them in the table under Section I(3)(A) of this Annex:
(a) the maximum contents of seeds laid down in column 5 include also
the seeds of the species in columns 6 to 11;
(b) the determination of total content of seeds of other plants species by
number need not be carried out unless there is doubt whether the
conditions laid down in column 5 have been satisfied;
(c) the determination of seeds of Cuscutaspp. by number need not be
carried out unless there is doubt whether the conditions laid down
in column 7 have been satisfied;
(d) the presence of one seed of Cuscuta spp. 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 Cuscuta
spp.;
(e) the seed shall be free from Orobanche spp.; however the presence of
one seed of Orobanche spp. in a sample of 100 grams shall not be
regarded as an impurity where a second sample of 200 grams is free
from any seeds of Orobanche spp.
4. 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 or other conditions:
A. Table:
SpeciesHarmful organisms
Maximum percentage by number of seeds
contaminated by harmful organisms
(total per column)
Sclerotinia sclerotiorum
(maximum number of
sclerotia or fragments of
sclerotia in a sample of the
weight specified in column
4 of Annex III)Botrytisspp.Alternaria
spp.,Asco-
chyta lini-
cola(syn.
Phoma lini-
cola),
Colleto-
tirchum lini,
Fusarium
spp.Platyedria
gossypiella
1 234 5
Brassica napus 10 (b)
Brassica rapa 5 (b)
Cannabis sativa 5
Gossypium spp. 1
Helianthus annuus 5 10 (b)
Linum usitatissimum 5 5 (a)
Sinnapis alba 5 (b)
B. Standards or other conditions applicable where reference is made to
them in the table under Section I(4)(A) of this Annex:
(a) in flax, the maximum percentage by number of seeds contaminated
byAscochyta linicola (syn.Phoma linicola ) shall not exceed one;
(b) the determination of sclerotia or fragments of sclerotia of Sclerotinia
sclerotiorum by number need not be carried out unless there is doubt
whether the conditions laid down in column 5 of this table have
been satisfied.
C. Particular standards or other conditions applicable to Glycine max. :
(a) in respect of Pseudomonas syringae pv.glycinea the maximum
number of sub-samples within a sample of 5 000 seeds minimum
per lot subdivided into 5 subsamples which have been found to be
contaminated by the said organism shall not exceed 4;
where suspect colonies are identified in all five subsamples, appro-
priate biochemical tests on the suspect colonies isolated on a
preferential medium for eachsubsample may be used to confirm
the above standards or conditions;2002L0057 — EN — 12.06.2003 — 002.001 — 23
▼B
(b) in respect of Diaporthe phaseolorum the maximum number of seeds
contaminated shall not exceed 15 %;
(c) the percentage by weight of inert matter, as defined in accordance
with current international testing methods, shall not exceed 0,3.
In accordance withth e procedure referred to in Article 25(2), Member
States may be authorised not to carry out the examination in respect of
the above particular standards or other conditions unless, on the basis of
previous experience, there is doubt whether those standards or conditions
have been satisfied.
II. COMMERCIAL SEED
With the exception of Section I, the conditions referred to in Annex II(I) shall
apply to commercial seed.2002L0057 — EN — 12.06.2003 — 002.001 — 24
▼B
ANNEX III
LOTANDSAMPLEWEIGHTS
SpeciesMaximum weight of a
lot
(tonnes)Minimum weight of a
sample to be drawn
from a lot
(grams)Weight of the sample
for the determinations
by number provided
for in columns 5 to 11
of Annex II(I)(3)(A)
and in column 5 of
Annex II(I)(4)(A)
(grams)
12 3 4
Arachis hypogaea 25 1 000 1 000
Brassica rapa 10 200 70
Brassica juncea 10 100 40
Brassica napus 10 200 100
Brassica nigra 10 100 40
Cannabis sativa 10 600 600
Carthamus tinctorius 25 900 900
Carum carvi 10 200 80
Gossypium spp. 25 1 000 1 000
Helianthus annuus 25 1 000
Linum usitatissimum 10 300 150
Papaver somniferum 10 50 10
Sinapis alba 10 400 200
Glycine max. 25 1 000 1 000
The maximum lot weight shall not be exceeded by more than 5 %.2002L0057 — EN — 12.06.2003 — 002.001 — 25
▼B
ANNEX IV
LABEL
A.Requiredinformation
(a)For basic seedandcertifiedseed
1. ‘EC rules and standards’.
2. Certification authority and Member State or their initials.3. Monthand year of sealing expressed th us: ‘sealed … (monthand
year)’, or
month and year of the last official sampling for the purposes of
certification expressed thus: ‘sampled … (month and year)’.
4. Reference number of lot.
5. Species, indicated at least under its botanical name, which may be
given in abridged form and without the authors' names, in roman
characters.
6. Variety, indicated at least in roman characters.7. Category.
8. Country of production.
9. Declared net or gross weight.
10. Where weight is indicated and granulated pesticides, pelleting
substances, or other solid additives are used, the nature of the addi-
tive and also the approximate ratio between the weight of pure
seeds and the total weight.
11. In the case of varieties which are hybrids or inbred lines:
— for basic seed where the hybrid or inbred line to which the seed
belongs has been officially accepted under Directive 2002/53/
EC:
the name of this component, under which it has been 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 its function
(male or female), and accompanied by the word ‘component’,
— for certified seed:
the name of the variety to which the seed belongs, accompanied
by the word ‘hybrid’.
12. Where at least germination has been retested, the words ‘retested
… (monthand year)’ and th e service responsible for suchretesting
may be indicated. Suchinformation may be given on an official
sticker attached to the official label.
In accordance withth e procedure laid down in Article 25(2), 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 advantages expected for the marketing
of seed.
(aa)For certifiedseedof a varietal association
the information required under section (a), except that instead of the
name of the variety, the name of the varietal association shall be (infor-
mation ‘varietal association’ and its name) and the percentages by
weight of the various components shown by variety shall be given; it
shall be sufficient to give the name of the varietal association if the
percentage by weight has been notified in writing to the purchaser, on
request, and officially recorded.2002L0057 — EN — 12.06.2003 — 002.001 — 26
▼M2
▼B
(b)For commercial seed
1. ‘EC rules and standards’.
2. ‘Commercial seed (not certified as to variety)’.
3. Certification authority and Member State or their initials.4. Monthand year of sealing expressed th us: ‘sealed … (monthand
year)’.
5. Reference number of lot.6. Species, indicated at least under its botanical name, which may be
given in abridged form and without the authors' names, in roman
characters.
7. Region of production.
8. Declared net or gross weight.9. 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.
10. Where at least germination has been retested, the words ‘retested
… (monthand year)’ and th e service responsible for suchretesting
may be indicated. Suchinformation may be given on an official
sticker attached to the official label.
In accordance withth e procedure referred to in Article 25(2), 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 advantages expected for the marketing
of seed.
B.Minimumdimensions
110 mm × 67 mm.2002L0057 — EN — 12.06.2003 — 002.001 — 27
▼B
ANNEX V
LABEL AND DOCUMENT PROVIDED IN THE CASE OF SEED NOT
FINALLYCERTIFIED,HARVESTEDINANOTHERMEMBERSTATE
A.Information requiredfor 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 authors' 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’,
— field or lot reference number,— declared net or gross weight,— the words ‘seed not finally certified’.
In accordance withth e procedure referred to in Article 25(2), 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 advantages expected for the marketing of seed.
B.Colour of the label
The label shall be grey.
C.Information requiredfor the d ocument
— authority issuing the document,
— species, indicated at least under its botanical name, which may be given
in abridged form and without the authors' 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 countries which certified that seed,
— field lot or reference number,— area cultivated for the production of the lot covered by the document,— quantity of seed harvested and number of packages,— number of generations after basic seed, in the case of certified 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.2002L0057 — EN — 12.06.2003 — 002.001 — 28
▼B
ANNEX VI
PART A
REPEALEDDIRECTIVEANDITSSUCCESSIVEAMENDMENTS
(referred to by Article 31)
Directive 69/208/EEC (OJ L 169, 10.7.1969, p. 3)
Council Directive 71/162/EEC (OJ L 87, 17.4.1971, p. 24) only Article 5
Council Directive 72/274/EEC (OJ L 171, 29.7.1972, p. 37) only concerning references
made to the provisions of
Directive 69/208/EEC in Arti-
cles 1 and 2
Council Directive 72/418/EEC (OJ L 287, 26.12.1972, p. 22) only Article 5
Council Directive 73/438/EEC (OJ L 356, 27.12.1973, p. 79) only Article 5
Council Directive 75/444/EEC (OJ L 196, 26.7.1975, p. 6) only Article 5
Council Directive 78/55/EEC (OJ L 16, 20.1.1978, p. 23) only Article 5Commission Directive 78/388/EEC (OJ L 113, 25.4.1978, p. 20)
Council Directive 78/692/EEC (OJ L 236, 26.8.1978, p. 13) only Article 6
Council Directive 78/1020/EEC (OJ L 350, 14.12.1978, p. 27) only Article 3
Commission Directive 79/641/EEC (OJ L 183, 19.7.1979, p. 13) only Article 3
Commission Directive 80/304/EEC (OJ L 68, 14.3.1980, p. 33)
Commission Directive 81/126/EEC (OJ L 67, 12.3.1981, p. 36) only Article 4
Commission Directive 82/287/EEC (OJ L 131, 13.5.1982, p. 24) only Articles 3 and 4
Council Directive 82/727/EEC (OJ L 310, 6.11.1982, p. 21)
Commission Directive 82/859/EEC (OJ L 357, 18.12.1982, p. 31)
Council Directive 86/155/EEC (OJ L 118, 7.5.1986, p. 23) only Article 4
Commission Directive 87/120/EEC (OJ L 49, 18.2.1987, p. 39) only Article 4
Commission Directive 87/480/EEC (OJ L 273, 26.9.1987, p. 43) only Article 2
Council Directive 88/332/EEC (OJ L 151, 17.6.1988, p. 82) only Article 7
Council Directive 88/380/EEC (OJ L 187, 16.7.1988, p. 31) only Article 5
Council Directive 90/654/EEC (OJ L 353, 17.12.1990, p. 48) only concerning references
made to the provisions of
Directive 69/208/EEC in Article
2 and to Annex II(I)(5)
Commission Directive 92/9/EEC (OJ L 70, 17.3.1992, p. 25)
Commission Directive 92/107/EEC (OJ L 16, 25.1.1993, p. 1)
Commission Directive 96/18/EC (OJ L 76, 26.3.1996, p. 21) only Article 2
Council Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10) only Article 1(5)
Council Directive 98/95/EC (OJ L 25, 1.2.1999, p. 1) only Article 5Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27) only Article 52002L0057 — EN — 12.06.2003 — 002.001 — 29
▼B
PART B
DEADLINESFORTRANSPOSITIONINTONATIONALLAW
(referred to by Article 31)
Directive Deadline for transposition
69/208/EEC 1 July 1970(1)(2)
71/162/EEC 1 July 1970 (Article 5(1), (2) and (7))
1 July 1972 (Article 5(3))
1 July 1971 (other provisions)(1)
72/274/EEC 1 July 1972 (Article 1)
1 January 1973 (Article 2)
72/418/EEC 1 July 1973
73/438/EEC 1 July 1973 (Article 5(3)
1 January 1974 (Article 5(4)1 July 1974 (other provisions)
75/444/EEC 1 July 1975 (Article 5(2)
1 July 1977 (other provisions)
78/55/EEC 1 July 1978 (Article 5(2)
1 July 1979 (other provisions)
78/388/EEC 1 January 1981 (Article 1(1) (
3) and (2)(4)
1 July 1980 (other provisions)
78/692/EEC 1 July 1977 (Article 6)
1 July 1979 (other provisions)
78/1020/EEC 1 July 197779/641/EEC 1 July 198080/304/EEC 1 July 198081/126/EEC 1 July 1982
82/287/EEC 1 January 1983
82/727/EEC 1 July 198282/859/EEC 1 July 198386/155/EEC 1 March1986 (Articles 4(3), (4) and 5)
1 July 1987 (other provisions)
87/120/EEC 1 June 1988
87/480/EEC 1 July 199088/332/EEC88/380/EEC 1 July 1992 (Article 5(10), (19), (23) and (25)(
5) and
Article 5(12))
1 July 1990 (other provisions)
90/654/EEC92/9/EEC 30 June 199292/107/EEC 1 July 1994
96/18/EC 1 July 1996
96/72/EC 1 July 1997(
4)
98/95/EC 1 February 2000 (Corrigendum OJ L 126, 20.5.1999, p. 23)2002L0057 — EN — 12.06.2003 — 002.001 — 30
▼B
Directive Deadline for transposition
98/96/EC 1 February 2000
(1) For Denmark, Ireland and the United Kingdom, 1 July 1973 for Article 14(1); 1 July 1974 for the other provi-
sions concerning basic seed and 1 July 1976 for the other provisions.
(2) 1 January 1986 for Greece, 1 March1986 for Spain, and 1 January 1991 for Portugal.
(3) Concerning Annex I(3).
(4) Concerning Annex II(I)(1).
(5) In so far as these provisions require the botanical name of a species to be indicated on the label of seed.
(6) The remaining stocks of labels bearing the abbreviation ‘EEC’ may continue to be used until 31 December
2001.2002L0057 — EN — 12.06.2003 — 002.001 — 31
▼B
ANNEX VII
TABLEOFCORRESPONDENCE
Directive 69/208/EEC This Directive
Article 1 Article 1, first subparagraph
Article 17 Article 1, second subparagraph
Article 1(a) Article 2(1)(a)
Article 2(1)(A) Article 2(1)(b)Article 2(1)(B)(a) Article 2(1)(c)(i)
Article 2(1)(B)(b) Article 2(1)(c)(ii)
Article 2(1)(B)(c) Article 2(1)(c)(iii)
Article 2(1)(B)(d) Article 2(1)(c)(iv)
Article 2(1)(Ba)(1)(a) Article 2(1)(d)(1)(i)
Article 2(1)(Ba)(1)(b) Article 2(1)(d)(1)(ii)
Article 2(1)(Ba)(2)(a) Article 2(1)(d)(2)(i)
Article 2(1)(Ba)(2)(b) Article 2(1)(d)(2)(ii)
Article 2(1)(Ba)(2)(c) Article 2(1)(d)(2)(iii)
Article 2(1)(C)(a) Article 2(1)(e)(i)
Article 2(1)(C)(b) Article 2(1)(e)(ii)
Article 2(1)(C)(c) Article 2(1)(e)(iii)
Article 2(1)(C)(d) Article 2(1)(e)(iv)
Article 2(1)(D)(a) Article 2(1)(f)(i)
Article 2(1)(D)(b) Article 2(1)(f)(ii)
Article 2(1)(D)(c) Article 2(1)(f)(iii)
Article 2(1)(D)(d) Article 2(1)(f)(iv)
Article 2(1)(E)(a) Article 2(1)(g)(i)
Article 2(1)(E)(b) Article 2(1)(g)(ii)Article 2(1)(E)(c) Article 2(1)(g)(iii)
Article 2(1)(E)(d) Article 2(1)(g)(iv)
Article 2(1)(Ea)(a) Article 2(1)(h)(i)
Article 2(1)(Ea)(b) Article 2(1)(h)(ii)
Article 2(1)(Ea)(c) Article 2(1)(h)(iii)
Article 2(1)(Ea)(d) Article 2(1)(h)(iv)
Article 2(1)(F)(a) Article 2(1)(i)(i)
Article 2(1)(F)(b) Article 2(1)(i)(ii)
Article 2(1)(F)(c) Article 2(1)(i)(iii)
Article 2(1)(F)(d) Article 2(1)(i)(iv)
Article 2(1)(G)(a) Article 2(1)(j)(i)
Article 2(1)(G)(b) Article 2(1)(j)(ii)
Article 2(1)(G)(c) Article 2(1)(j)(iii)
Article 2(1)(H)(a) Article 2(1)(k)(i)
Article 2(1)(H)(b) Article 2(1)(k)(ii)
Article 2(1)(H)(c) Article 2(1)(k)(iii)
Article 2(1a) Article 2(2)
Article 2(1b) Article 2(3)
Article 2(2)(a) —
Article 2(2)(b) Article 2(4)(a)
Article 2(2)(c) —Article 2(2)(d) Article 2(4)(b)2002L0057 — EN — 12.06.2003 — 002.001 — 32
▼B
Directive 69/208/EEC This Directive
Article 2(3)(i)(a) Article 2(5)(a)(i)
Article 2(3)(i)(b) Article 2(5)(a)(ii)Article 2(3)(i)(c) Article 2(5)(a)(iii)Article 2(3)(i)(d) Article 2(5)(a)(iv)Article 2(3)(ii) Article 2(5)(b)Article 2(3)(iii) Article 2(5)(c)Article 2(3)(iv) Article 2(5)(d)Article 2(3)(v) Article 2(5), second subparagraphArticle 2(4) Article 2(6)Article 3 Article 3Article 3(a) Article 4Article 4 Article 5Article 4(a) Article 6Article 5 Article 7Article 6 Article 8Article 7 Article 9Article 8 Article 10Article 9 Article 11Article 10 Article 12
Article 11 Article 13
Article 11(a) Article 14Article 12 Article 15Article 12(a) Article 16Article 13 Article 17Article 14 Article 19Article 14(a) Article 18Article 15(1)(a) Article 20(a)Article 15(1)(b) Article 20(b)Article 16 Article 21Article 18 Article 22Article 19 Article 23Article 20(a) Article 24Article 20 Article 25Article 21 Article 26Article 21(a)(1) Article 27(1)Article 21(a)(2)(i) Article 27(2)(a)Article 21(a)(2)(ii) Article 27(2)(b)Article 22 Article 28— Article 29(
1)
— Article 30(2)
— Article 31— Article 32— Article 33ANNEX I ANNEX IANNEX II part I point 1 ANNEX II part I point 1ANNEX II part I point 1(a) ANNEX II part I point 2ANNEX II part I point 2 ANNEX II part I point 3ANNEX II part I point 3 ANNEX II part I point 42002L0057 — EN — 12.06.2003 — 002.001 — 33
▼B
Directive 69/208/EEC This Directive
ANNEX II part II ANNEX II part II
ANNEX III ANNEX III
ANNEX IV part A point (a)(1) ANNEX IV part A point (a)(1)
ANNEX IV part A point (a)(2) ANNEX IV part A point (a)(2)
ANNEX IV part A point (a)(3) ANNEX IV part A point (a)(3)
ANNEX IV part A point (a)(4) ANNEX IV part A point (a)(4)
ANNEX IV part A point (a)(5) ANNEX IV part A point (a)(5)
ANNEX IV part A point (a)(6) ANNEX IV part A point (a)(6)
ANNEX IV part A point (a)(7) ANNEX IV part A point (a)(7)
ANNEX IV part A point (a)(8) ANNEX IV part A point (a)(8)
ANNEX IV part A point (a)(9) ANNEX IV part A point (a)(9)
ANNEX IV part A point (a)(10) ANNEX IV part A point (a)(10)
ANNEX IV part A point (a)(10)(a) ANNEX IV part A point (a)(11)
ANNEX IV part A point (a)(11) ANNEX IV part A point (a)(12)
ANNEX IV part A point (b) ANNEX IV part A point (b)
ANNEX IV part B ANNEX IV part B
ANNEX V ANNEX V
— ANNEX VI— ANNEX VII
(1) 98/95/EC Article 9(2) and 98/96/EC Article 8(2).
(2) 98/96/EC Article 9.2002L0057 — EN — 12.06.2003 — 002.001 — 34