1998L0095 — EN — 21.02.1999 — 000.003 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 98/95/EC
of 14 December 1998
amending, in respect of the consolidation of the internal market, genetically modified plant varieties
and plant genetic resources, Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed,seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of
varieties of agricultural plant species
(OJ L 25, 1.2.1999, p. 1)
Corrected by:
►C1Corrigendum, OJ L 126, 20.5.1999, p. 23 (98/95/EC)
►C2Corrigendum, OJ L 161, 16.6.2001, p. 47 (98/95/EC)
►C3Corrigendum, OJ L 82, 26.3.2002, p. 20 (98/95/EC)
▼B
COUNCIL DIRECTIVE 98/95/EC
of 14 December 1998
amending, in respect of the consolidation of the internal market,
genetically modified plant varieties and plant genetic resources,Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet
seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and
fibre plants and vegetable seed and on the common catalogue of
varieties of agricultural plant species
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
(1)Whereas, for the reasons given below, the following Directives on
the marketing of seed and propagating material should beamended:
— Council Directive 66/400/EEC of 14 June 1966 on the
marketing of beet seed(
4),
— Council Directive 66/401/EEC of 14 June 1966 on the
marketing of fodder plant seed(5),
— Council Directive 66/402/EEC of 14 June 1966 on the
marketing of cereal seed(6),
— Council Directive 66/403/EEC of 14 June 1966 on the
marketing of seed potatoes(7),
— Council Directive 69/208/EEC of 30 June 1969 on the
marketing of seed of oil and fibre plants(8),
— Council Directive 70/457/EEC of 29 September 1970 on the
common catalogue of varieties of agricultural plant species(9),
— Council Directive 70/458/EEC of 29 September 1970 on the
marketing of vegetable seed(10);
(2)Whereas, in the context of the consolidation of the internalmarket, it is necessary to amend or repeal certain provisions of thesaid Directives in order to remove any actual or potential barriersto trade which may hinder the free movement of seeds within the
Community; whereas, to this end, any possibilities for Member
States to derogate unilaterally from the provisions of the saidDirectives should be removed;
(3)Whereas, for the same reasons, the scope of the said Directivesshould be enlarged to cover also the production of seed, with aview to marketing;1998L0095 — EN — 21.02.1999 — 000.003 — 2
(1) OJ C 29, 31.1.1994, p. 1, and OJ C 53, 20.2.1995, p. 8.
(2) OJ C 286, 22.9.1997, p. 36.
(3) OJ C 195, 18.7.1994, p. 36.
(4) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Directive 96/72/
EC (OJ L 304, 27.11.1996, p. 10).
(5) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 96/72/
EC.
(6) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 96/72/
EC.
(7) OJ 125, 11.7.1966, p. 2320/66. Directive as last amended by Commission
Decision 98/111/EC (OJ L 28, 4.2.1998, p. 42).
(8) OJ L 169, 10.7.1969, p. 3. Directive as last amended by Directive 96/72/EC.
(9) OJ L 225, 12.10.1970, p. 1. Directive as last amended by the 1994 Act of
Accession.
(10) OJ L 225, 12.10.1970, p. 7. Directive as last amended by Directive 96/72/
EC.
▼B
(4)Whereas it should be possible under specified conditions to place
on the market bred seed of generations prior to basic seed and
seed as grown;
(5)Whereas Member States making use of derogations still permitted
under the said Directives should assist each other administratively
as regards inspection; whereas the use of such derogations iswithout prejudice to Article 7a of the Treaty;
(6)Whereas the conditions under which Member States may
authorise small quantities of seed for tests, scientific purposes
or selection work to be placed on the market should bedetermined by the Standing Committee on Seeds and PropagatingMaterial for Agriculture, Horticulture and Forestry;
(7)Whereas, in certain cases, the Standing Committee on Seeds andPropagating Material for Agriculture, Horticulture and Forestryshould determine whether packages of basic or certified seedshould bear a supplier's label;
(8)Whereas, in the case of certain species of seed covered byDirective 66/401/EEC, it should be permitted to certify seed ofthe first and second generations;
(9)Whereas, in the case of certain species of seed covered byDirective 66/402/EEC, Member States should be permitted torestrict the certification of seed to that of the first generation;
(10)Whereas the minimum size of seed potatoes which may be placedonthe market under Directive 66/403/EEC should be changed anda legal basis established to enable the minimum size of the squaremesh used to measure the size of seed potatoes to be altered in the
future; whereas a provision in respect of separation of seed
potatoes from other potatoes for plant health reasons should beintroduced;
(11)Whereas seed covered by Directive 70/457/EEC should be freelymarketable within the Community twomonths after publication inthe common catalogue;
(12)Whereas the conditions under which mixtures of certain speciescovered by Directive 70/458/EEC may be placed on the marketshould be determined in accordance with the procedure of theStanding Committee on Seeds and Propagating Material forAgriculture, Horticulture and Forestry; whereas in respect of the
same Directive the provisions on the renewal of the official
acceptance of certain varieties should be adapted in order to avoiddisturbing current practice in marking packages;
(13)Whereas, in the light of experience, it is useful to clarify andupdate certain provisions of the abovementioned Directives;
(14)Whereas, in the light of scientific and technical developments, itis now possible to breed varieties through genetic modification;
whereas, therefore, when determining whether to accept geneti-
cally modified varieties within the meaning of Council Directive90/220/EEC of 23 April 1990 on the deliberate release into theenvironment of genetically modified organisms(
1) under Direc-
tives 70/457/EEC and 70/458/EEC, Member States should have
regard to any risk related to their deliberate release into the
environment; whereas, furthermore, a legal basis to establish theconditions under which such genetically modified varieties maybe marketed should be introduced;
(15)Whereas the marketing of novel foods and novel food ingredientsis regulated at Community level by Regulation (EC) No 258/97 ofthe European Parliament and of the Council of 27 January1997(
2); whereas, therefore, it is appropriate for Member States
also to have regard to any food health risks when determining1998L0095 — EN — 21.02.1999 — 000.003 — 3
(1) OJ L 117, 8.5.1990, p. 15. Directive as last amended by Directive 97/35/EC
(OJ L 169, 27.6.1997, p. 72).
(2) OJ L 43, 14.2.1997, p. 1.
▼B
whether to accept varieties under Directives 70/457/EEC and 70/
458/EEC; whereas, furthermore, a legal basis should beestablished to take account of these developments;
(16)Whereas, in the light of scientific and technical developments, alegal basis to establish the conditions under which chemicallytreated seed may be marketed should be introduced;
(17)Whereas it is essential to ensure that plant genetic resources areconserved; whereas a legal basis to that end should be introducedto permit, within the framework of legislation on the seed trade,the conservation, by use in situ,of varieties threatened with
genetic erosion;
(18)Whereas a legal basis to establish conditions under which seed
suitable for organic growing may be marketed should beintroduced;
(19)Whereas, in order to facilitate the introduction of the measuresenvisaged in this Directive, certain transitional measures shouldbe introduced,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 66/400/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
‘Article 1
This Directive shall apply to the production with a view to
marketing, and to the marketing of, beet seed within theCommunity.’;
2. the following Article shall be added after Article 1:
‘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, supplyor 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
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 forindustrial purposes, or seed propagation for that purpose, shall not
be regarded as marketing, provided the provider of services does not
acquire title to either the seed thus supplied or the product of theharvest. The supplier of seed shall provide the CertificationAuthority with a copy of the relevant parts of the contract madewith the provider of services and this shall include the standards andconditions 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.’;
3. Article 3(1) shall be replaced by the following:
‘Member States shall provide that beet seed may not be placed on
the market unless it has been officially certified as “basic seed” or
“certified seed”.’;
4. Article 3(3) shall be repealed;
5. the following Article shall be inserted after Article 3:1998L0095 — EN — 21.02.1999 — 000.003 — 4
▼B
‘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.’;
6. the following subparagraph shall be added at the end of Article 4:
‘Member States making use of the derogation provided for in either
subparagraph (a) or (b) shall assist each other administratively as
regards control.’;
7. the following Article shall be inserted after Article 4:
‘Article 4a
1. Notwithstanding Article 3(1), Member States may authorise
producers 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
entry in the catalogue has been submitted in the Member State
in question.
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 theenvironmental risk assessment to be carried out in this respect, theprovisions of Article 7(4) of Directive 70/457/EEC shall applyaccordingly.
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 may grant such authorisation shall be determined inaccordance with the procedure laid down in Article 21.
3. Authorisations granted before the date of adoption of this
Directive by Member States to producers in their own territory forthe purposes set out in paragraph 1 shall remain in force pendingdetermination of the provisions referred to in paragraph 2.
Thereafter, all such authorisations shall respect the provisions
established in accordance with paragraph 2.’;
8. Article 10(4) shall be repealed;9. Article 11(2) shall be repealed;
10. in Article 11a(1)(a) and (b), the words ‘the label shall be blue in
colour’ shall be replaced by the words ‘the label shall be white in
colour for basic seed and blue in colour for certified seed’;
11. in Article 11b, the word ‘certified’ shall be deleted;12. in Article 11c, the word ‘certified’ shall be deleted;13. Article 12(1) shall be replaced by the following:
‘1. In accordance with the procedure laid down in Article 21, it
may be provided that, in cases other than those already provided forin this Directive, packages of basic or certified seed of any kindshall bear a supplier's label (which may either be a label separatefrom the official label or take the form of suppliers' informationprinted on the package itself). The particulars to be provided on any
such label shall also be established in accordance with the procedure
laid down in Article 21.’;
14. the following Article shall be added after Article 12:
‘Article 12a
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,1998L0095 — EN — 21.02.1999 — 000.003 — 5
▼B
shall clearly indicate that the variety has been genetically
modified.’;
15. Article 14(1) shall be replaced by the following:
‘1. Member States shall ensure that seed which is placed on the
market under the provisions of this Directive, whether mandatory ordiscretionary, is not subject to any marketing restrictions as regards
its characteristics, examination requirements, marking and sealing
other than those laid down in this or any other Directive.’;
16. Article 14(2)(b) shall be repealed;
17. Article 14(2)(c) shall be repealed;
18. Article 14(3) shall be repealed;19. the following Article shall be inserted after Article 14:
‘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
certification authority in accordance with the provisions
applicable to the certification of basic seed;
(b) it must be packed in accordance with this Directive, and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distin-
guishing 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 in Roman characters, under its
botanical name, which may be given in abridged form and
without the authors' names, or under its common name, orboth; indication whether sugar beet or fodder beet,
— variety, indicated at least in Roman characters,— the description “pre-basic seed”,
— number of generations preceding seed of the category
“certified seed”.
The label shall be white with a diagonal violet line.’;
20. Article 15(2) shall be replaced by the following:
‘2. Beet seed which has been harvested in the Community and
which is intended for certification in accordance with paragraph 1
shall:
— be packed and labelled with an official label satisfying the
conditions laid down in Annex IV(A) and (B), in accordancewith Article 10(1), and
— be accompanied by an official document satisfying the
conditions laid down in Annex IV(C).
The provisions in the first subparagraph on packing and labelling
may be waived if the authorities responsible for field inspection,those drawing up the documents for the certification of seeds whichhave not been definitively certified and those responsible for
certification are the same, or if they agree on exemption.’;
21. Article 17 shall be replaced by the following:
‘Article 17
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 accordancewith the procedure laid down in Article 21 that Member States shallpermit, for a specified period, the marketing throughout the1998L0095 — EN — 21.02.1999 — 000.003 — 6
▼B
Community in quantities necessary to resolve the supply difficulties
of seed of a category subject to less stringent requirements, or ofseed of a variety not included in the “Common Catalogue of
Varieties of Agricultural Plant Species” or in the national catalogues
of varieties of the Member States.
2. For a category of seed of any given variety, the official label
shall be that provided for the corresponding category; for seed ofvarieties not included in the abovementioned catalogues the colour
of the official label shall be brown. The label shall always state that
the seed in question is of a category satisfying less stringentrequirements.
3. Rules for the application of paragraph 1 may be adopted in
accordance with the procedure laid down in Article 21.’;
22. Article 19(1) shall be replaced by the following:
‘1. Member States shall ensure that official inspections are
carried out in relation to the marketing of beet seed, at least by
random checks, to verify compliance with the requirements and
conditions of this Directive.’;
23. Article 19(2) shall be replaced by the following:
‘2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures toensure that they are supplied with the following particulars duringthe marketing of quantities exceeding two kilograms of seed
imported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article21.’;
24. the following Article shall be inserted after Article 22:
‘Article 22a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 21 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 situ and the sustainable use of plant geneticresources, including seed mixtures of species which also includespecies listed in Article 1 of Council Directive 70/457/EEC, and
are associated with specific natural and semi-natural habitats
and are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production
may be marketed.
2. The specific conditions referred to in paragraph 1 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
Member State for marketing the seed in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.’;
25. in Annex III(B)(8), the words ‘certified seed’ shall be replaced by
the word ‘category’.1998L0095 — EN — 21.02.1999 — 000.003 — 7
▼B
Article 2
Directive 66/401/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
‘Article 1
This Directive shall apply to the production with a view to
marketing, and to the marketing, of fodder plant seed within the
Community.’;
2. the following Article shall be inserted after Article 1:
‘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, supplyor 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
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 forindustrial purposes, or seed propagation for that purpose, shall not
be regarded as marketing, provided the provider of services does not
acquire title to either the seed thus supplied or the product of theharvest. The supplier of seed shall provide the CertificationAuthority with a copy of the relevant parts of the contract madewith the provider of services and this shall include the standards andconditions 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.’;
3. Article 2(1)(C) shall be replaced by the following:
‘C. Certified seed: seed of all the species listed under A other than
Lupinusspp.,Pisum sativum, Vicia spp. and Medicago sativa:
(a) which has been produced directly from basic seed or, if the
breeder so requests, from seed of a generation prior to basicseed which has been foundby official examination to satisfy
the conditions laid down in Annexes I and II for basic seed;
(b) which is intended for purposes other than the production of
seed;
(c) which, subject to of Article 4(b), satisfies the conditions laid
down in Annexes I and II for certified seed; and
(d) which has been found by official examination to satisfy the
abovementioned conditions.’;
4. the following points shall be inserted after Article 2(1)(C):
‘Ca. Certified seed, first generation ( Lupinusspp.,Pisum sativum,
Viciaspp. and Medicago sativa ) seed:
(a) which has been 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 AnnexesI and II for basic seed;
(b) which is intended either for the production of seed of the
category “certified seed, second generation” or forpurposes other than the production of seed of fodderplants;
(c) which, subject to Article 4(b), satisfies the conditions laid
down in Annexes I and II for certified seed; and1998L0095 — EN — 21.02.1999 — 000.003 — 8
▼B
(d) which has been found by official examination to satisfy the
abovementioned conditions.
Cb. Certified seed, second generation ( Lupinus spp.,Pisum
sativum, Vicia spp. and Medicago sativa ) seed:
(a) which has been 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
which can satisfy and has been found by official
examination to satisfy the conditions laid down in AnnexesI and II for basic seed;
(b) which is intended for purposes other than the production of
seed of fodder plants;
(c) which, subject to Article 4(b), satisfies the conditions laid
down in Annexes I and II, for certified seed; and
(d) which has been found by official examination to satisfy the
abovementioned conditions.’;
5. in Article 2(1)(G), the words ‘basic seed,’ shall be inserted before
the words ‘certified seed’;
6. Article 2(1)(c) shall be repealed;7. in Article 3(1), the words ‘and unless it satisfies the conditions laid
down in Annex II’ shall be deleted;
8. in Article 3(2) the words ‘and unless it satisfies the conditions laid
down in Annex II shall be deleted;
9. Article 3(5) shall be repealed;
10. the following Article shall be inserted after Article 3:
‘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.’;
11. the following subparagraph shall be added at the end of Article 4:
‘Member States making use of the derogation provided for in either
subparagraph (a) or (b) shall assist each other administratively as
regards inspection.’;
12. the following Article shall be inserted after Article 4:
‘Article 4a
1. Notwithstanding Article 3(1), Member States may authorise
producers 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 forentry in the catalogue has been submitted in the Member State
in question.
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
environment risk assessment to be carried out in this respect, theprovisions of Article 7(4) of Directive 70/457/EEC shall applyaccordingly.
2. The purposes for which the authorisations referred to in
paragraph 1(b) may be given, the provisions relating to the markingof packages, and the quantities and the conditions under whichMember States may grant such authorisation shall be determined inaccordance with the procedure laid down in Article 21.1998L0095 — EN — 21.02.1999 — 000.003 — 9
▼B
3. Authorisations granted before the date of adoption of this
Directive by Member States to producers in their own territory forthe purposes set out in paragraph 1 shall remain in force pending
determination of the provisions referred to in paragraph 2.
Thereafter, all such authorisations shall respect the provisionsestablished in accordance with paragraph 2.’;
13. the following Article shall be inserted after Article 5:
‘Article 5a
Member States may restrict the certification of seed of Lupinusspp.,
Pisum sativum, Vicia spp. and Medicago sativa to certified seed of
the first generation.’;
14. Article 9(4) shall be repealed;15. Article 10(2) shall be repealed;16. Article 10b shall be replaced by the following:
‘Article 10b
Member States may provide that, on request, small EC B packages
of seed shall be sealed and marked officially or under officialsupervision in accordance with Article 9(1) and Article 10.’;
17. Article 11 shall be replaced by the following:
‘Article 11
1. In accordance with the procedure laid down in Article 21 it
may be provided that Member States may require that, in cases otherthan those provided for in this Directive, packages of basic seed,certified seed or commercial seed shall bear a supplier's label (whichmay either be a label separate from the official label or take theform of suppliers' information printed on the package itself) or that
seed lots complying with the special conditions concerning the
presence of Avena fatua , laid down in accordance with the
procedure provided for in Article 21, should be accompanied byan official certificate attesting compliance with those conditions.
2. The particulars to be provided on any such label shall also be
established in accordance with the procedure laid down in Article21.’;
18. the following Article shall be inserted after Article 11:
‘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 oraccompanies the seed lot, under the provisions of this Directive,shall clearly indicate that the variety has been genetically
modified.’;
19. Article 13(1) shall be deleted and paragraph 2 replaced by the
following:
‘1. Member States shall specify that seed in mixtures of various
genera, species or varieties may be placed on the market:
— if it is not intended for use as fodder plants, in which case the
mixtures may contain seeds of fodder plants and seeds of plantswhich are not fodder plants within the meaning of this Directive;
— if it is intended for use as fodder plants, in which case the
mixture may contain seeds of plant species listed in Directives66/401/EEC, 66/402/EEC, 69/208/EEC or 70/458/EEC, with theexception of the varieties mentioned in Article 4(2)(a) ofDirective 70/457/EEC;
— if it is intended for use in the preservation of the natural
environment in the context of the conservation of geneticresources referred to in Article 22a(b), in which case themixtures may contain seeds of fodder plants and seeds of plantswhich are not fodder plants within the meaning of the Directive.
In the cases provided for in the first and second indents, the various
components of the mixtures must, in so far as they belong to one ofthe plant species listed in Directives 66/401/EEC, 66/402/EEC, 69/1998L0095 — EN — 21.02.1999 — 000.003 — 10
▼B
208/EEC and 70/458/EEC, comply, before mixing, with the
marketing regulations applicable to them.
Other conditions, including labelling the technical approval of firms
producing seed mixtures, the inspection of the production of
mixtures, and the sampling of primary ingredient lots and offinished mixtures, shall be determined in accordance with theprocedure laid down in Article 21.
In the case of the third indent, the conditions under which such
mixtures may be marketed shall be determined in accordance with
the procedure laid down in Article 21.’;
20. the last subparagraph of Article 13(3) shall be deleted;21. Article 14(1) shall be replaced by the following:
‘1. Member States shall ensure that seed which is placed on the
market under the provisions of this Directive, whether mandatory ordiscretionary, is not subject to any marketing restrictions as regards
its characteristics, examination requirements, marking and sealing
other than those laid down in this or any other Directive.’;
22. Article 14(2) shall be repealed;
23. Article 14(3) shall be repealed;
24. the following Article shall be inserted after Article 14:
‘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 3ashall be as follows:
(a) it must have been officially inspected by the competent
certification authority in accordance with the provisionsapplicable to the certification of basic seed;
(b) it must be packed in accordance with this Directive; and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distin-
guishing 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, in Roman characters,
— variety, indicated at least in Roman characters,— the description “pre-basic seed”,— number of generations preceding seed of the category
“certified seed”, or “certified seed of the first generation”.
The label shall be white with a diagonal violet line.’;
25. Article 15(2) shall be replaced by the following:
‘2. Fodder plant seed which has been harvested in the Commu-
nity and which is intended for certification in accordance with
paragraph 1 shall:
— be packed and labelled with an official label satisfying the
conditions laid 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,those drawing up the documents for the certification of seeds whichhave not been definitively certified and those responsible forcertification are the same, or if they agree on exemption’.;1998L0095 — EN — 21.02.1999 — 000.003 — 11
▼B
clearly indicate that the variety has been genetically modified.’;
26. Article 17 shall be replaced by the following:
‘Article 17
1. In order to remove any temporary difficulties in the general
supply of basic, certified or commercial seed that occur in theCommunity and cannot be otherwise overcome, it may be decided inaccordance with the procedure laid down in Article 21 that Member
States shall permit, for a specified period, the marketing throughout
the Community in quantities necessary to resolve supply difficultiesof seed of a category subject to less stringent requirements, or ofseed of a variety not included in the Common Catalogue of Varieties
of Agricultural Plant Species or in the national catalogues of
varieties of the Member States.
2. For a category of seed of any given variety, the official label
shall be that provided for the corresponding category; for seed ofvarieties not included in the abovementioned catalogues, the officiallabel shall be that provided for commercial seed. The label shallalways state that the seed in question is of a category satisfying less
stringent requirements.
3. Rules for the application of paragraph 1 may be adopted in
accordance with the procedure laid down in Article 21.’;
27. Article 19(1) shall be replaced by the following:
‘1. Member States shall ensure that official inspections are
carried out in relation to the marketing of fodder plant seed, at leastby random checks, to verify compliance with the requirements andconditions of this Directive.’;
28. Article 19(2) shall be replaced by the following:
‘2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures toensure that they are supplied with the following particulars duringthe marketing of quantities exceeding two kilograms of seedimported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article21.’;
29. the following Article shall be inserted after Article 22:
‘Article 22a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 21 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 includespecies listed in Article 1 of Council Directive 70/457/EEC, andare associated with specific natural and semi-natural habitats
and are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production
may be marketed.1998L0095 — EN — 21.02.1999 — 000.003 — 12
▼B
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 eachMember State for marketing the seed in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.’;
30. in the first indent of Annex II(I)(1), the words ‘, Brassica napus var.
napobrassica andBrassica oleracea convar. acephala ’ shall be
added after the words ‘Annex I’;
31. in the second indent of Annex II(I)(1), the words ‘ Brassica napus
var. napobrassica Brassica oleracea convar. acephala ’ shall be
deleted;
32. in Annex IV(B)(a)(8), the words ‘certified seed’ shall be replaced by
the word ‘category’.
Article 3
Directive 66/402/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
‘Article 1
This Directive shall apply to the production with a view to
marketing, and to the marketing, of cereal seed within theCommunity.’;
2. the following Article shall be added after Article 1:
‘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, supplyor 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
packaging, provided the provider of services does not acquire
title to seed thus supplied.
The supply of seed under certain conditions to providers of services
for the production of certain agricultural raw materials, intended forindustrial purposes, or seed propagation for that purpose, shall not
be regarded as marketing, provided the provider of services does not
acquire title to either the seed thus supplied or the product of theharvest. The supplier of seed shall provide the CertificationAuthority with a copy of the relevant parts of the contract madewith 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 Article21.’;
3. Article 2(1d) shall be repealed;
4. Article 3(1) shall be replaced by the following:
‘1. Member States shall provide that cereal seed may not be
placed on the market unless it has been officially certified as “basicseed”, “certified seed”, “certified seed, first generation” or “certifiedseed, second generation”.’;
5. in Article 3(2), the words ‘and marketing’ shall be deleted;
6. Article 3(4) shall be repealed;7. the following Article shall be inserted after Article 3:
‘Article 3a
Notwithstanding Article 3(1), Member States shall provide that:
— bred seed of generations prior to basic seed, and1998L0095 — EN — 21.02.1999 — 000.003 — 13
▼B
— seed as grown, marketed for processing, provided that the
identity of the seed is ensured,
may be placed on the market.’;
8. Article 4(2) shall be repealed;9. Article 4(3) shall be repealed;
10. the following paragraph shall be added to Article 4:
‘4. Member States making use of the derogation provided for in
either subparagraph 1(a) or 1(b) shall assist each other adminis-
tratively as regards inspection.’;
11. the following Article shall be inserted after Article 4:
‘Article 4a
1. Notwithstanding Article 3(1), Member States may authorise
producers 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
entry in the catalogue has been submitted in the Member Statein question.
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 theenvironmental risk assessment to be carried out in this respect, theprovisions of 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 quantities and the conditions under which
Member States may grant such authorisation shall be determinedin accordance with the procedure laid down in Article 21.
3. Authorisations granted before the date of adoption of this
Directive by Member States to producers in their own territory forthe purposes set out in paragraph 1 shall remain in force pendingdetermination of the provisions referred to in paragraph 2.Thereafter, all such authorisations shall respect the provisions
established in accordance with paragraph 2.’;
12. the following Article shall be inserted after Article 5:
‘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.’;
13. in Article 9(3) the words ‘sealed in their own territory. Conditions
relating to these exceptions may be determined in accordance withthe procedure laid downin Article 21’ shall be added after the words‘small packages’;
14. Article 10(2) shall be replaced by the following:
‘2. Member States may provide for exceptions to paragraph 1 in
the case of small packages sealed in their own territory. Conditions
relating to these exceptions may be determined in accordance with
the procedure laid down in Article 21.’;
15. Article 11 shall be replaced by the following:
‘Article 11
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 beara supplier's label (which may either be a label separate from theofficial label or take the form of suppliers' information printed onthe package itself). The particulars to be provided on any such label1998L0095 — EN — 21.02.1999 — 000.003 — 14
▼B
shall also be established in accordance with the procedure laid down
in Article 21.’;
16. the following paragraph shall be added to Article 11:
‘3. This Directive shall not affect the right of Member States to
require that seed lots complying with the special conditionsconcerning the presence of Avena fatua laid down in accordance
with the procedure provided for in Article 21 shall be accompanied
by an official certificate attesting compliance with those condi-tions.’;
17. the following Article shall be inserted after Article 11:
‘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 oraccompanies the seed lot, under the provisions of this Directive,
shall clearly indicate that the variety has been genetically
modified.’;
18. in Article 13(1), the word ‘may’ shall be replaced by the word
‘shall’;
19. in Article 13(2), the word ‘may’ shall be replaced by the word
‘shall’;
20. the following paragraph shall be added after Article 13(2):
‘2a. The specific conditions under which such mixtures may be
marketed shall be determined in accordance with the procedure laid
down in Article 21.’;
21. Article 14(1) shall be replaced by the following:
‘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 regardsits characteristics, examination requirements, marking and sealingother than those laid down in this or any other Directive.’;
22. Article 14(2) shall be repealed;23. Article 14(3) shall be repealed;24. the following Article shall be inserted after Article 14:
‘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 Article3a, shall be as follows:
(a) it must have been officially inspected by the competent
certification authority in accordance with the provisionsapplicable to the certification of basic seed;
(b) it must be packed in accordance with the provisions of this
Directive; and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distin-
guishing 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, in Roman characters,
— variety, indicated at least in Roman characters,— the description “pre-basic seed”,— number of generations preceding seed of the categories
“certified seed” or “certified seed of the first generation”.
The label shall be white with a diagonal violet line.’;1998L0095 — EN — 21.02.1999 — 000.003 — 15
▼B
25. Article 15(2) shall be replaced by the following:
‘2. Cereal seed which has been harvested in the Community, and
which is intended for certification in accordance with paragraph 1,
shall:
— be packed and labelled with an official label satisfying the
conditions laid down in Annex V(A) and (B), in accordance withArticle 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,
those drawing up the documents for the certification of seeds whichhave not been definitively certified and those responsible forcertification are the same, or if they agree on exemption.’;
26. Article 17 shall be replaced by the following:
‘Article 17
1. In order to remove any temporary difficulties in the general
supply of basic or certified seed that occur in the Community and
cannot be otherwise overcome, it may be decided in accordance
with the procedure laid down in Article 21 that Member States shallpermit, for a specified period, the marketing throughout theCommunity in quantities necessary to resolve the supply difficultiesof seed of a category subject to less stringent requirements, or ofseed of a variety not included in the Common Catalogue of Varieties
of Agricultural Plant Species or in the national catalogues of
varieties of the Member States.
2. For a category of seed of any given variety, the official label
shall be that provided for the corresponding category; for seed ofvarieties not included in the abovementioned catalogues the colourof the official label shall be brown. The label shall always state thatthe seed in question is of a category satisfying less stringentrequirements.
3. Rules for the application of paragraph 1 may be adopted in
accordance with the procedure laid down in Article 21.’;
27. Article 19(1) shall be replaced by the following:
‘1. Member States shall ensure that official inspections are
carried out in relation to the marketing, at least by random checks,to verify compliance with the requirements of this Directive.’;
28. Article 19(2) shall be replaced by the following:
‘2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures toensure that they are supplied with the following particulars during
the marketing of quantities exceeding two kilograms of seed
imported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article21.’;
29. the following Article shall be inserted after Article 22:1998L0095 — EN — 21.02.1999 — 000.003 — 16
▼B
‘Article 22a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 21 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 situ and the sustainable use of plant geneticresources, including seed mixtures of species which also includespecies listed in Article 1 of Council Directive 70/457/EEC, andare associated with specific natural and semi-natural habitatsand are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production
may be marketed.
2. The specific conditions referred to in paragraph 1 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 eachMember State for marketing the seed in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.’
Article 4
Directive 66/403/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
‘Article 1
This Directive shall apply to the production with a view to
marketing, and to the marketing, of seed potatoes within the
Community.’;
2. the following Article shall be inserted after Article 1:
‘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, supplyor transfer aimed at commercial exploitation of seed potatoes tothird parties, whether or not for consideration.
Trade in seed potatoes not aimed at commercial exploitation of the
variety, such as the following operations, shall not be regarded asmarketing:
— the supply of seed potatoes to official testing and inspection
bodies,
— the supply of seed potatoes to providers of services for
processing or packaging,
provided the provider of services does not acquire title to seed
potatoes thus supplied.
The supply of ►
C2seed potatoes ◄under certain conditions to
providers of services for the production of certain agricultural raw
materials, intended for industrial purposes, or ►C2seed potato
propagation ◄for that purpose, shall not be regarded as marketing,
provided the provider of services does not acquire title to either the►
C2seed potatoes ◄thus supplied or the product of the harvest.
The supplier of ►C2seed potatoes ◄shall provide the Certifica-
tion 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 ►C2seed potatoes ◄provided.
The conditions for the application of this provision shall be
determined in accordance with the procedure laid down in Article
19.’;
3. Article 3(2)(B) shall be repealed;4. the following Article shall be inserted after Article 3:1998L0095 — EN — 21.02.1999 — 000.003 — 17
▼B
‘Article 3a
Notwithstanding Article 3(1), Member States shall provide that bred
seed potatoes of generations prior to basic seed potatoes may be
placed on the market.’;
5. the following Article shall be inserted after Article 4:
‘Article 4a
1. Notwithstanding Article 3(1), Member States may authorise
producers on their own territory to place on the market:
(a) small quantities of seed potatoes for scientific purposes or
selection work;
(b) appropriate quantities of seed potatoes for other test or trial
purposes, provided they belong to varieties for which an
application for entry in the catalogue has been submitted in the
Member State in question.
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 theenvironmental risk assessment to be carried out in this respect, theprovisions of 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 ofpackages, and the quantities and the conditions under whichMember States may grant such authorisation shall be determinedin accordance with the procedure laid down in Article 19.
3. Authorisations granted before the date of adoption of this
Directive 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 provisions referred to in paragraph 2.Thereafter, all such authorisations shall respect the provisionsestablished in accordance with paragraph 2.’;
6. the following Article shall be inserted after Article 5:
‘Article 5a
1. Member States may require that seed potatoes produced in
their own territory may be separated during production from otherpotatoes for plant health reasons.
2. The requirements provided for in paragraph 1 may include
measures to:
— separate the production of seed and other potatoes;
— separate the grading, storage, transportation and handling of seed
and other potatoes.’;
7. Article 7(1) shall be replaced by the following:
‘1. Member States shall provide that seed potatoes may not be
placed on the market unless they have a minimum size such that
they do not pass through a square mesh of 25 × 25 mm. In the caseof tubers which are too large to pass through a square mesh of35 × 35 mm, the upper and lower size limits shall be expressed inmultiples of 5.
The maximum variation in size between tubers in a lot shall be such
that the difference between the dimensions of the two square meshes
used does not exceed 25 mm. These sizing standards may be
modified in accordance with the procedure laid downin Article 19.’;
8. Article 7(4) shall be repealed;
9. in Article 9(3), the words ‘sealed in their own territory. Conditions
relating to these exceptions may be determined in accordance withthe procedure laid downin Article 19’ shall be added after the words‘small packages’;
10. Article 10(2) shall be replaced by the following:1998L0095 — EN — 21.02.1999 — 000.003 — 18
▼B
‘2. Member States may provide for exceptions to paragraph 1 in
the case of small packages sealed in their own territory. Conditionsrelating to these exceptions may be determined in accordance with
the procedure laid down in Article 19.’;
11. Article 11 shall be replaced by the following:
‘Article 11
In accordance with the procedure laid down in Article 19, it may be
provided that, in cases other than those provided for in this
Directive, packages or containers of basic seed potatoes or certifiedseed potatoes shall bear a supplier's label (which may either be alabel separate from the official label or take the form of thesuppliers' information printed on the package or container itself).The particulars to be provided on any such label shall also be
established in accordance with the procedure laid down in Article
19.’;
12. the following Article shall be inserted after Article 11:
‘Article 11a
In the case of seed potatoes 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 thisDirective, shall clearly indicate that the variety has been geneticallymodified.’;
13. Article 13(1) shall be replaced by the following:
‘1. Member States shall ensure that seed potatoes which are
placed on the market under the provisions of this Directive, whether
mandatory or discretionary, are not subject to any marketingrestrictions as regards their characteristics, examination require-ments, marking and sealing other than those laid down in this or anyother Directive.’;
14. Article 13(4) shall be repealed;15. the following Article shall be inserted after Article 13:
‘Article 13a
The conditions under which bred seed potatoes of generations prior
to basic seed potatoes may be placed on the market under Article 3a,shall be as follows:
(a) they must have been produced in accordance with accepted
practices for the maintenance of the variety and of health;
(b) they must be intended mainly for the production of basic seed
potatoes;
(c) they must satisfy the minimum conditions to be established by
the procedure laid down in Article 19 for pre-basic seedpotatoes;
(d) they must have been found by official examination to satisfy the
minimum conditions referred to in (c);
(e) they must be placed in packages or containers in accordance
with this Directive; and
(f) the packages or containers must bear an official label giving at
least the following particulars:
— certification authority and Member State or their distin-
guishing abbreviation,
— producer's identification number or lot reference number,— month and year of sealing,— species, indicated at least in Roman characters, under its
botanical name, which may be given in abridged form andwithout the authors' names, or under its common name, or
both,
— variety, indicated at least in Roman characters,— the description “pre-basic seed potatoes”.
The label shall be white with a diagonal violet line.’;1998L0095 — EN — 21.02.1999 — 000.003 — 19
▼B
16. Article 14(1) shall be replaced by the following:
‘1. In accordance with the procedure laid down in Article 19, the
Commission may prohibit, in whole or in part, the marketing of seedpotatoes harvested in a particular area of the Community if theprogeny of officially drawn samples of basic seed potatoes or
certified seed potatoes harvested in that particular area and grown in
one or more Community test fields has for three successive yearsfallen appreciably below the minimum conditions laid down inAnnex I(1c), (2c), (3) and (4). Satisfaction of the other minimumconditions laid down in Annex I may also be checked during the
comparative tests.’;
17. Article 14(2) shall be replaced by the following:
‘2. Any measures taken under paragraph 1 shall be withdrawn by
the Commission as soon as it has been established with adequatecertainty that the basic seed potatoes and certified seed potatoes
harvested in the particular area of the Community concerned will in
future satisfy the minimum conditions referred to in paragraph 1.’;
18. Article 14(3) shall be repealed;
19. Article 16 shall be replaced by the following:
‘Article 16
1. In order to remove any temporary difficulties in the general
supply of basic seed potatoes or certified seed potatoes that occur in
the Community and cannot be otherwise overcome, it may bedecided in accordance with the procedure laid down in Article 19that Member States shall permit, for a specified period, themarketing throughout the Community in quantities necessary to
resolve the supply difficulties of seed potatoes of a category subject
to less stringent requirements, or of seed potatoes of varieties notincluded in the Common Catalogue of Varieties of Agricultural
Plant Species or in the national catalogues of varieties of the
Member States.
2. For a category of seed potatoes of any given variety, the
official label shall be that provided for the corresponding category;for seed potatoes of varieties not included in the abovementionedcatalogues the colour of the official label shall be brown. The labelshall always state that the seed potatoes in question are of a category
satisfying less stringent requirements.
3. Rules for the application of paragraph 1 may be adopted in
accordance with the procedure laid down in Article 19.’;
20. Article 18(1) shall be replaced by the following:
‘1. Member States shall ensure that official inspections are
carried out in relation to the marketing of seed potatoes, at least byrandom checks, to verify compliance with the requirements andconditions of this Directive.’;
21. Article 18(2) shall be replaced by the following:
‘2. Without prejudice to the free movement of seed potatoes
within the Community, Member States shall take all necessarymeasures to ensure that they are supplied with the followingparticulars during the marketing of quantities exceeding twokilograms of seed potatoes imported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed potatoes.1998L0095 — EN — 21.02.1999 — 000.003 — 20
▼B
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article19.’;
22. the following Article shall be inserted after Article 20:
‘Article 20a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 19 to take account of developments
in the areas of:
(a) conditions under which chemically treated ►
C2seed
potatoes ◄may be marketed;
(b) conditions under which seed potatoes may be marketed in
relation to the conservation in situand the sustainable use of
plant genetic resources, which are associated with specific
natural and semi-natural habitats and are threatened by genetic
erosion;
(c) conditions under which ►C2seed potatoes ◄suitable for
organic production may be marketed.
2. The specific conditions referred to in paragraph 1 shall include
in particular the following points:
(i) in the case of (b), the ►C2seed potatoes ◄of these species
shall be of a known provenance approved by the appropriateauthority in each Member State for marketing the ►
C2seed
potatoes ◄in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.’
Article 5
Directive 69/208/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
‘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 fibre plants intended for agricultural production but not for
ornamental purposes.’;
2. the following Article shall be inserted after Article 1:
‘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
or 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
packaging, provided the provider of services does not acquiretitle to seed thus supplied.
The supply of seed under certain conditions to providers of services
for the production of certain agricultural raw materials, intended for
industrial purposes, or seed propagation for that purpose, shall not
be regarded as marketing, provided the provider of services does notacquire title to either the seed thus supplied or the product of theharvest. The supplier of seed shall provide the CertificationAuthority 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
determined in accordance with the procedure laid down in Article20.’;1998L0095 — EN — 21.02.1999 — 000.003 — 21
▼C2
▼B
▼B
3. Article 2(1c) shall be repealed;
4. in Article 3(1), the words ‘and unless it satisfies the conditions laid
down in Annex II’ shall be deleted;
5. in Article 3(2), the words ‘and unless the seed also satisfies the
conditions laid down in Annex II’ shall be deleted;
6. Article 3(5) shall be repealed;7. the following Article shall be inserted after Article 3:
‘Article 3a
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.’;
8. the following subparagraph shall be added at the end of Article 4:
‘Member States making use of the derogation provided for in either
subparagraph (a) or (b) shall assist each other administratively asregards inspection.’;
9. the following Article shall be inserted after Article 4:
‘Article 4a
1. Notwithstanding Article 3(1) and (2), Member States may
authorise producers 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
entry in the catalogue has been submitted in the Member State
in question.
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
environmental risk assessment to be carried out in this respect, theprovisions of Article 7(4) of Directive 70/457/EEC shall applyaccordingly.
2. The purposes for which the authorisations referred to in
paragraph 1(b) may be given, the provisions relating to the markingof packages, and the quantities and the conditions under whichMember States may grant such authorisation, shall be determined inaccordance with the procedure laid down in Article 20.
3. Authorisations granted before the date of adoption of this
Directive by Member States to producers in their own territory forthe purposes set out in paragraph 1 shall remain in force pendingdetermination of the provisions referred to in paragraph 2.
Thereafter, all such authorisations shall respect the provisions
established in accordance with paragraph 2.’;
10. the following wordsshall be added at the end ofArticle 9(3): ‘sealed
in their own territory. Conditions relating to these exceptions maybe determined in accordance with the procedure laid downin Article20.’;
11. Article 10(2) shall be replaced by the following:
‘2. Member States may provide for exceptions to paragraph 1 in
the case of small packages sealed on their own territory. Conditionsrelating to these exceptions may be determined in accordance with
the procedure laid down in Article 20.’;
12. Article 11 shall be replaced by the following:1998L0095 — EN — 21.02.1999 — 000.003 — 22
▼B
‘Article 11
In accordance with the procedure laid down in Article 20, it may be
provided that Member States may require that, in cases other than
those provided for in this Directive, packages of basic seed, certifiedseed of all categories or commercial seed shall bear a supplier'slabel (which may either be a label separate from the official label ortake the form of suppliers' information printed on the package
itself). The particulars to be provided on any such label shall also be
established in accordance with the procedure laid down in Article20.’;
13. the following Article shall be inserted after Article 11:
‘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 oraccompanies the seed lot, under the provisions of this Directive,shall clearly indicate that the variety has been geneticallymodified.’;
14. Article 13(1) shall be replaced by the following:
‘1. Member States shall ensure that seed which is placed on the
market under the provisions of this Directive, whether mandatory ordiscretionary, is not subject to any marketing restrictions as regards
its characteristics, examination requirements, marking and sealing
other than those laid down in this or any other Directive.’;
15. Article 13(2) shall be repealed;
16. Article 13(3) shall be repealed;
17. the following Article shall be inserted after Article 14:
‘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
certification authority in accordance with the provisionsapplicable to the certification of basic seed;
(b) it must be packed in accordance with this Directive; and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distin-
guishing 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, in Roman characters,
— variety, indicated at least in Roman characters,
— the description “pre-basic seed”,
— number of generations preceding seed of the categories
“certified seed”, or “certified seed of the first generation”.
The label shall be white with a diagonal violet line.’;
18. Article 14(2) shall be replaced by the following:
‘2. Seed of oil and fibre plants which has been harvested in the
Community and which is intended for certification in accordance
with paragraph 1 shall:
— be packed and labelled with an official label satisfying the
conditions laid down in Annex V(A) and (B), in accordance withArticle 9(1); and
— be accompanied by an official document satisfying the
conditions laid down in Annex V(C).1998L0095 — EN — 21.02.1999 — 000.003 — 23
▼B
The provisions in the first subparagraph on packing and labelling
may be waived if the authorities responsible for field inspection,those drawing up the documents for the certification of seeds which
have not been definitively certified and those responsible for
certification are the same, or if they agree on exemption.’;
19. Article 16 shall be replaced by the following:
‘Article 16
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 20 that Member States shall
permit, for a specified period, the marketing throughout theCommunity in quantities necessary to resolve the supply difficultiesof seed of a category subject to less stringent requirements, or ofseed of a variety not included in the Common Catalogue of Varieties
of Agricultural Plant Species or in the national catalogues of
varieties of the Member States.
2. For a category of seed of any given variety, the official label
shall be that provided for the corresponding category; for seed ofvarieties not included in the abovementioned catalogues the official
label shall be that provided for commercial seed. The label shall
always state that the seed in question is of a category satisfying lessstringent requirements.
3. Rules for the application of paragraph 1 may be adopted in
accordance with the procedure laid down in Article 20.’;
20. Article 18(1) shall be replaced by the following:
‘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 this Directive.’;
21. Article 18(2) shall be replaced by the following:
‘2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures toensure that they are supplied with the following particulars duringthe marketing of quantities exceeding two kilograms of seedimported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article
20.’;
22. the following Article shall be inserted after Article 21:
‘Article 21a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 20 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 situ and the sustainable use of plant geneticresources, including seed mixtures of species which also includespecies listed in Article 1 of Council Directive 70/457/EEC, andare associated with specific natural and semi-natural habitatsand are threatened by genetic erosion;1998L0095 — EN — 21.02.1999 — 000.003 — 24
▼B
(c) conditions under which seed suitable for organic production
may be marketed.
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 eachMember State for marketing the seed in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.’
Article 6
Directive 70/457/EEC is hereby amended as follows:
1. the following paragraphs shall be added after Article 4(3):
‘4. In the case of a genetically modified variety within the
meaning of Article 2(1) and (2) of Council Directive 90/220/EEC of23 April 1990 on the deliberate release into the environment ofgenetically modified organisms (*), the variety shall be acceptedonly if all appropriate measures have been taken to avoid adverse
effects on human health and the environment.
5. However, where material derived from a plant variety is
intended to be used as a food or food ingredient falling within thescope of Regulation (EC) No 258/97 of the European Parliamentand of the Council of 27 January 1997 concerning novel foods andnovel food ingredients (**), these foods or food ingredients mustnot:
— present a danger for the consumer,
— mislead the consumer,
— differ from foods or food ingredients which they are intended to
replace to such an extent that their normal consumption wouldbe nutritionally disadvantageous for the consumer.
6. In the interest of conserving ►
C2plant genetic resources as
specified in Article 20a(2), ◄the Member States may depart from
the acceptance criteria set out in the first sentence of paragraph 1 in
so far as specific conditions are established in accordance with the
procedure laid down in Article 23 ►C2considering the require-
ments of Article 20a(3)(i) and (3)(ii). ◄
(*) OJ L 117, 8.5.1990, p. 15. Directive as last amended by
Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).
(**) OJ L 43, 14.2.1997, p. 1.’;
2. the following subparagraph shall be added to Article 7(2):
‘(c) the necessary arrangements for the growing trials to be carried
out with a view to assessing the value for cultivation or use;these arrangements may determine:
— the procedures and conditions under which all or several
Member States may agree to include in the growing trials,by way of administrative assistance, varieties for which arequest for acceptance has been introduced in anotherMember State;
— the terms of cooperation between the authorities of the
participating Member States;
— the impact of the results of the growing trials;
— the standards relating to information on growing trials for
assessment of the value for cultivation or use.’;
3. the following paragraph shall be added after Article 7(3):
‘4. (a) In the case of a genetically modified variety referred to in
Article 4(4), an environmental risk assessment equivalent to
that laid down in Directive 90/220/EEC shall be carried out.
(b) The procedures ensuring that the environmental risk
assessment and other relevant elements shall be equivalentto those laid down in Directive 90/220/EEC shall beintroduced on a proposal from the Commission, in a CouncilRegulation based on the appropriate legal basis in the1998L0095 — EN — 21.02.1999 — 000.003 — 25
▼B
Treaty. Until this Regulation enters into force genetically
modified varieties shall only be accepted for inclusion in anational catalogue after having been accepted for marketing
in accordance with Directive 90/220/EEC.
(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer
apply to genetically modified varieties once the Regulationreferred to in subparagraph (b) above has entered into force.
(d) The technical and scientific details of the implementation of
the environmental risk assessment shall be adopted inaccordance with the procedure laid down in Article 23.’;
4. the following paragraph shall be added after Article 7(4):
‘5. (a) The Member States shall ensure that a variety intended to be
used for the purpose laid down in this paragraph is accepted
only if:
— the food or the food ingredient has already been
authorised pursuant to Regulation (EC) No 258/97, or
— the authorisation decisions referred to in Regulation (EC)
No 258/97 are taken in accordance with the procedureprovided for in Article 23 of this Directive.
(b) In the case laid down in the second indent of paragraph (a),
the criteria set out in Article 4(5) and the assessment
principles laid down in Regulation (EC) No 258/97 shall be
taken into account.
(c) The technical and scientific details of the implementation of
the measures laid down in paragraph (b) shall be adopted inaccordance with the procedure laid down in Article 23 ofthis Directive.’;
5. the following paragraph shall be added after Article 9(4):
‘5. Member States shall ensure that genetically modified varieties
which have been accepted are clearly indicated as such in the
catalogue of varieties. They shall further ensure that any person
marketing such a variety clearly indicates in his sales catalogue thatthe variety is genetically modified.’;
6. the following paragraph shall be added after Article 12(a)(3):
‘4. In accordance with the procedure laid down in Article 23
rules may be established for the application of paragraphs 1 and 2.’;
7. Article 12(2) shall be replaced by the following:
‘2. Acceptance of a variety may be renewed at given intervals if
it is still cultivated on such a scale as to justify this, or should beretained in the interest of conserving plant genetic resources, andproviding that the requirements as to distinctness, uniformity and
stability, or the ►
C2criteria determined under Article 20a(2) and
(3),◄are still satisfied. Except in the case of plant genetic
resources within the meaning of Article 20(a) applications forrenewal shall be submitted not later than two years before expiry ofacceptance.’;
8. Article 15(1) shall be replaced by the following:
‘1. Member States shall ensure that, with effect from the
publication referred to in Article 18, seed of varieties accepted in
accordance with this Directive or in accordance with principles
corresponding to those of this Directive is not subject to anymarketing restrictions relating to variety.’;
9. Article 15(2) shall be replaced by the following:
‘2. A Member State may, upon application which shall be dealt
with as provided for in Article 23 or in Article 23a in the case ofgenetically modified varieties, be authorised to prohibit the use ofthe variety in all or in part of its territory or to lay down appropriateconditions for cultivating the variety in accordance, in cases1998L0095 — EN — 21.02.1999 — 000.003 — 26
▼B
provided for in subparagraph (c), with the conditions for using the
products resulting from such cultivation:
(a) where it is established that the cultivation of the variety could be
harmful from the point of view of plant health to the cultivationof other varieties or species, or
(b) where official growing trials carried out in the applicant
Member States, Article 5(4) being applied correspondingly,show that the variety does not, in any part of its territory,
produce results corresponding to those obtained from a
comparable variety accepted in the territory of that MemberState or, where it is well known that the variety is not suitablefor cultivation in any part of its territory because of its type ormaturity class. The application shall be lodged before the end ofthe third calendar year following that of acceptance;
(c) where it has valid reasons other than those already mentioned or
which may have been mentioned during the procedure referred
to in Article 10(2) for considering that the variety presents a riskfor human health or the environment.’;
10. Article 15(3) shall be repealed;11. Article 15(4) shall be repealed;
12. Article 15(5) shall be repealed;
13. Article 15(6) shall be repealed;14. Article 15(7) shall be repealed;15. the following subparagraph shall be added after the second
subparagraph of Article 18:
‘The published notice shall clearly indicate those varieties which
have been genetically modified.’;
16. Article 19 shall be replaced by the following:
‘Article 19
If it is established that the cultivation of a variety included in the
common catalogue of varieties could in any Member State beharmful from the point of view of plant health to the cultivation of
other varieties or species, or present a risk for the environment or for
human health, that Member State may upon application, beauthorised in accordance with the procedure laid down in Article23 or in Article 23a in the case of a genetically modified variety toprohibit the marketing of the seed or propagating material of that
variety in all or part of its territory. Where there is imminent danger
of the spread of harmful organisms or imminent danger for humanhealth or for the environment, that prohibition may be imposed bythe Member State concerned as soon as its application has beenlodged until such time as a final decision has been taken. Thatdecision shall be taken within a period of three months in
accordance with the procedure laid down in Article 23 or in Article
23a in the case of a genetically modified variety.’;
17. the following Article shall be added after Article 20:
‘Article 20a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 23 to take account of developmentsin relation to the conditions under which chemically treated seed
may be marketed.
2. Without prejudice to Council Regulation (EC) No 1467/94 of
20 June 1994 on the conservation, characterisation, collection andutilisation of genetic resources in agriculture (*), specific conditions
shall be established in accordance with the procedure laid down in
Article 23 to take account of developments in relation to theconservation in situ and the sustainable use of plant geneticresources through growing and marketing of seed of landraces andvarieties which are naturally adapted to the local and regionalconditions and threatened by genetic erosion.1998L0095 — EN — 21.02.1999 — 000.003 — 27
▼B
3. The specific conditions referred to in paragraph 2 above shall
include in particular the following points:
(i) landraces and varieties shall be accepted in accordance with the
provisions of this Directive. The procedure for official
acceptance shall take into account specific quality character-
istics and requirements. In particular the results of unofficialtests and knowledge gained from practical experience duringcultivation, reproduction and use and the detailed descriptionsof the varieties and their relevant denominations, as notified tothe Member State concerned, shall be taken into account and, if
sufficient, shall result in exemption from the requirement of
official examination. Upon acceptance of such a landrace orvariety, it shall be indicated as a “conservation variety” in thecommon catalogue;
(ii) appropriate quantitative restrictions.
(*) OJ L 159, 28.6.1994, p. 1.’;
18. the following Article shall be added after Article 23:
‘Article 23a
1. Where the procedure laid down in this Article is to be
followed, matters shall be referred by the Chairman, either on hisown initiative or at the request of the representative of a Member
State, to the Standing Committee on Seeds and Propagating Material
for Agriculture, Horticulture and Forestry (hereinafter called the“Committee”).
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which theChairman may lay down according to the urgency of the matter. Theopinion shall be delivered by the majority laid down in Article148(2) of the Treaty in the case of decisions which the Council is
required to adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the Committee shallbe weighted in the manner set out in that Article. The Chairmanshall not vote.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of
the Committee or if no opinion is delivered, the Commission shall
without delay submit to the Council a proposal relating to themeasures to be taken. The Council shall act by a qualified majority.
If on the expiry of a period of three months from referral to the
Council, the Council has not acted, the proposed measures shall be
adopted by the Commission.’;
19. the following Article shall be added after Article 24:
‘Article 24a
Specific conditions may be established in accordance with the
procedure laid down in Article 23 to take account of developmentsin the area of the conservation of genetic resources.’
Article 7
Directive 70/458/EEC is hereby amended as follows:
1. Article 1 shall be replaced by the following:
‘Article 1
This Directive shall apply to the production with a view to
marketing, and to the marketing, of vegetable seed within the
Community.’;
2. the following Article shall be added after Article 1:1998L0095 — EN — 21.02.1999 — 000.003 — 28
▼B
‘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, supplyor 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
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 forindustrial purposes, or seed propagation for that purpose, shall not
be regarded as marketing, provided the provider of services does not
acquire title to either the seed thus supplied or the product of theharvest. The supplier of seed shall provide the CertificationAuthority with a copy of the relevant parts of the contract madewith the provider of services and this shall include the standards andconditions 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
40.’;
3.►
C3Article 2(1c) shall be repealed; ◄
4. Article 4 shall be replaced by the following:
‘Article 4
1. The Member States shall ensure that a variety is accepted only
if it is distinct, stable and sufficiently uniform.
In the case of industrial chicory, the variety must be of satisfactory
value for cultivation and use.
2. In the case of a genetically modified variety within the
meaning of Article 2(1) and (2) of Council Directive 90/220/EEC of
23 April 1990 on the deliberate release into the environment of
genetically modified organisms (*), the variety shall be acceptedonly if all appropriate measures have been taken to avoid adverseeffects on human health and the environment.
3. However, where material derived from a plant variety is
intended to be used as a food or food ingredient falling within thescope of Regulation (EC) No 258/97 of the European Parliamentand of the Council of 27 January 1997 concerning novel foods andnovel food ingredients (**), these foods or food ingredients mustnot:
— present a danger for the consumer,
— mislead the consumer,
— differ from foods or food ingredients which they are intended to
replace to such an extent that their normal consumption wouldbe nutritionally disadvantageous for the consumer.
4. In the interest of conserving plant genetic resources as
specified in Article 39(a)(2)(a) and (2)(b), the Member States maydepart from the acceptance criteria set out in paragraph 1 in so far asspecific conditions are established in accordance with the procedurelaid down in Article 40 considering the requirements of Article
39(a)(3)(i) and 3(ii).
(*) OJ L 117, 8.5.1990, p. 15. Directive as last amended by
Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72).
(**) OJ L 43, 14.2.1997, p. 1.’;
5. in Article 7(1), first subparagraph, the following shall be added to
the last sentence: ‘in relation to the results of an official
examination.’;
6. the following paragraph shall be added after Article 7(3):1998L0095 — EN — 21.02.1999 — 000.003 — 29
▼B
‘4. (a) In the case of a genetically modified variety as referred to in
Article 4(4) an environmental risk assessment equivalent tothat laid down in Directive 90/220/EEC shall be carried out.
(b) The procedures ensuring that the environmental risk
assessment and other relevant elements shall be equivalent
to those laid down in Directive 90/220/EEC shall beintroduced on an proposal from the Commission, in aCouncil Regulation based on the appropriate legal basis inthe Treaty. Until this Regulation enters into force geneticallymodified varieties shall only be accepted for inclusion in a
national catalogue after having being accepted for marketing
in accordance with Directive 90/220/EEC.
(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer
apply to genetically modified varieties once the Regulationreferred to in subparagraph (b) above has entered into force.
(d) The technical and scientific details of the implementation of
the environmental risk assessment shall be adopted inaccordance with the procedure laid down in Article 40.’;
7. the following paragraphs shall be added after Article 7(4):
‘5. (a) The Member States shall ensure that a variety intended to be
used for the purpose laid down this paragraph is accepted
only if:
— the food or the food ingredient have already been
authorised pursuant to Regulation (EC) No 258/97, or
— the authorisation decisions referred to in Regulation (EC)
No 258/97 are taken in accordance with the procedureprovided for in Article 40 of this Directive.
(b) In the case laid down in the second indent of paragraph (a),
the criteria set out in Article 4(5) and the assessment
principles laid down in Regulation (EC) No 258/97 shall be
taken into account.
(c) The technical and scientific details of the implementation of
the measures laid down in paragraph (b) shall be adopted inaccordance with the procedure laid down in Article 40 ofthis Directive.’;
8. the following paragraph shall be added after Article 10(4):
‘5. Member States shall ensure that genetically modified varieties
which have been accepted are clearly indicated as such in thecatalogue of varieties. They shall further ensure that any person
marketing such a variety clearly indicates in his sales catalogue that
the variety is genetically modified.’;
9. Article 13(2) shall be replaced by the following:
‘2. Acceptance of a variety may be renewed a given intervals if it
is still cultivated on such a scale as to justify this, or should beretained in the interest of conserving plant genetic resources, andproviding that the requirements as to distinctness, uniformity andstability, or the criteria determined under Article 39(a)(3) and (4),are still satisfied. Except in the case of plant genetic resources
within the meaning of Article 39(a), applications for renewal shall
be submitted not later than two years before expiry of acceptance.’;
10. the following paragraph shall be added after Article 15(2):
‘3. In the case of varieties the acceptance of which has been
renewed pursuant to Article 13(3), Member States may allow thenames used before such renewal to be used until 30 June 1994.’;
11. the following paragraph shall be added after Article 13(a)(3):
‘4. In accordance with the procedure laid down in Article 40
rules may be established for the application of paragraphs 1, 2 and3.’;
12. in the second and third subparagraphs of Article 16(1), the words
‘after expiry of a period of two months following’ shall be replacedby the words ‘with effect from’;1998L0095 — EN — 21.02.1999 — 000.003 — 30
▼B
13. in Article 17, the words ‘after expiry of a period of two months’
shall be deleted;
14. Article 16(2) shall be replaced by the following:
‘2. A Member State may, upon application which shall be dealt
with as provided for in Article 40 or in Article 40(a) in the case ofgenetically modified varieties, be authorised to prohibit the use ofthe variety in all or in part of its territory or to lay down appropriate
conditions for cultivating the variety in accordance, in cases
provided for in paragraph (b), with the conditions for using theproducts resulting from such cultivation:
(a) where it is established that the cultivation of the variety could be
harmful from the point of view of plant health to the cultivation
of other varieties or species; or
(b) where it has valid reasons other than those already mentioned or
which may have been mentioned during the procedure referred
to in Article 11(2) for considering that the variety presents a riskfor human health or the environment.’;
15. Article 16(3) shall be repealed;16. Article 16(4) shall be repealed;
17. the following paragraph shall be added after the second paragraph of
Article 17:
‘The published notice shall clearly indicate those varieties which
have been genetically modified.’;
18. Article 18 shall be replaced by the following:
‘Article 18
If it is established that the cultivation of a variety included in the
common catalogue of varieties could in any Member State beharmful from the point of view of plant health to the cultivation of
other varieties or species, or present a risk for the environment or for
human health, that Member State may upon application, beauthorised in accordance with the procedure laid down in Article40 or in Article 40(a) in the case of a genetically modified variety toprohibit the marketing of the seed or propagating material of that
variety in all or part of its territory. Where there is imminent danger
of the spread of harmful organisms or imminent danger for humanhealth or for the environment, that prohibition may be imposed bythe Member State concerned as soon as its application has beenlodged until such time as a final decision has been taken. Thatdecision shall be taken within a period of three months in
accordance with the procedure laid down in Article 40 or in Article
40(a) in the case of genetically modified variety.’;
19. in Article 20(1), the words ‘and unless it satisfies the conditions laid
down in Annex II’ shall be deleted;
20. in Article 20(1)(a), the words ‘and unless it satisfies the conditions
laid down in Annex II’ shall be deleted;
21. Article 20(4) shall be repealed;
22. the following Article shall be inserted after Article 20:
‘Article 20a
Notwithstanding Article 20(1) and (1a), 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.’;
23. the following subparagraph shall be added at the end of Article 21:
‘Member States making use of the derogation provided for in either
subparagraph (a) or (b) shall assist each other administratively as
regards inspection.’;
24. the following Article shall be inserted after Article 21:1998L0095 — EN — 21.02.1999 — 000.003 — 31
▼B
‘Article 21a
1. Notwithstanding Article 20(1) and (1a), Member States may:
(a) authorise producers on their own territory to place on the market
small quantities of seed for scientific or selection purposes;
(b) authorise breeders and their representatives established in their
territory to market, for a limited period, seed belonging to avariety for which an application for inclusion in a nationalcatalogue has been submitted in at least one Member State andfor which specific technical information has been submitted.
2. The conditions under which Member States may grant the
authorisations referred to in paragraph (b) above shall be determinedin accordance with the procedure laid down in Article 40,particularly as regards the acquisition of data, the type of data, the
storage and name of the variety and the labelling of packages.
3. Authorisations granted before the date of adoption of the
present directive 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 provisions referred to in paragraph 2.Thereafter, all such authorisations shall respect the provisionsestablished in accordance with paragraph 2.’;
25. Article 24(3) shall be replaced by the following:
‘3. Notwithstanding paragraph 1, Member States may authorise
their own producers to place on the market small packages ofmixtures of standard seed of different varieties of the same species.
The species, where this provision applies, the rules for the maximum
size of the small packages and the requirements for labelling shallbe established in accordance with the procedure laid down in Article40.’;
26. the following words shall be added at the end of Article 25(4):
‘… closed on their own territory. Conditions relating to these
exceptions may be determined in accordance with the procedure laiddown in Article 40.’;
27. Article 26(1a) shall be replaced by the following:
‘1a. Member States may provide for exceptions to paragraph 1 in
the case of small packages sealed in their own territory. Conditionsrelating to these exceptions may be determined in accordance withthe procedure laid down in Article 40.’;
28. Article 28(1) shall be replaced by the following:
‘1. In accordance with the procedure laid down in Article 40, it
may be provided that in cases other than those already provided forin this Directive, packages of basic seed, certified seed of any kind
or standard seed shall bear a supplier's label (which may either be a
label separate from the official label or take the form of supplier'sinformation printed on the package itself).
The particulars to be provided on any such label shall also be
established in accordance with the procedure laid down in Article40.’;
29. the following Article shall be inserted after Article 28:
‘Article 28a
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,
shall clearly indicate that the variety has been geneticallymodified.’;
30. Article 30(1) shall be replaced by the following:
‘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 regardsits characteristics, examination requirements, marking and sealing1998L0095 — EN — 21.02.1999 — 000.003 — 32
▼B
other than those laid down in this or any other Community
Directive.’;
31. Article 30(3) shall be repealed;
32. the following Article shall be inserted after Article 30:
‘Article 30a
The conditions under which bred seed of generations prior to basic
seed may be placed on the market under the first indent of Article
20a, shall be as follows:
(a) it must have been officially inspected by the competent
certification authority in accordance with the provisionsapplicable to the certification of basic seed;
(b) it must be packed in accordance with this Directive; and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distin-
guishing 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, in Roman characters,
— variety, indicated at least in Roman characters,
— the description “pre-basic seed”,
— number of generations preceding seed of the category
“certified seed”.
The label shall be white with a diagonal violet line.’;
33. Article 31(2) shall be replaced by the following:
‘2. Vegetable seed which has been harvested in the Community
and which is intended for certification in accordance with paragraph
1 shall:
— be packed and labelled with an official label satisfying the
conditions laid down in Annex V(A) and (B), in accordance withArticle 25(1), and
— be accompanied by an official document satisfying the
conditions laid down in Annex V(C).
The provisions in the first indent on packaging and labelling may be
waived if the authorities responsible for field inspections, thosedrawing 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.’;
34. Article 33 shall be replaced by the following:
‘Article 33
1. In order to remove any temporary difficulties in the general
supply of basic certified or standard seed that occur in the
Community and cannot be otherwise overcome, it may be decidedin accordance with the procedure laid down in Article 40 thatMember States shall permit, for a specified period, the marketingthroughout the Community in quantities necessary to resolve the
supply difficulties of seed of a category subject to less stringent
requirements, or of seed of a variety not included in the Common
Catalogue of Varieties of Vegetable Species or in the national
catalogues of varieties of the Member States.
2. Fora category ofseed ofany given variety, the official label or
suppliers' label shall be that provided for the correspondingcategory; for seed of varieties not included in the abovementionedcatalogues the colour of the label shall be brown. The label shall1998L0095 — EN — 21.02.1999 — 000.003 — 33
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always state that the seed in question is of a category satisfying less
stringent requirements.
3. Rules for the application of paragraph 1 may be adopted in
accordance with the procedure laid down in Article 40.’;
35. Article 35(1) shall be replaced by the following:
‘1. Member States shall ensure that official inspections are
carried out in relation to the marketing of vegetable seed, at least byrandom checks, to verify compliance with the requirements andconditions of this Directive.’;
36. Article 35(2) shall be replaced by the following:
‘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 seedimported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article
40.’;
37. the following Article shall be added after Article 39:
‘Article 39a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 40 to take account of developmentsin relation to the conditions under which chemically treated seedmay be marketed.
2. Specific conditions shall be established in accordance with the
procedure laid down in Article 40 to take account of developmentsin relation to the conservation in situ and the sustainable use of plantgenetic resources through growing and marketing of seed of:
(a) landraces and varieties which have been traditionally grown in
particular localities and regions and threatened by genetic
erosion without prejudice to the provisions of Regulation (EC)
No 1467/94;
(b) varieties with no intrinsic value for commercial crop production
but developed for growing under particular conditions.
3. The specific conditions referred to in paragraph 2 shall include
in particular the following points:
(i) in the case of(a), the landraces and varieties shall be accepted in
accordance with the provisions of this Directive. In particular
the results of unofficial tests and knowledge gained frompractical experience during cultivation, reproduction and useand the detailed descriptions of the varieties and their relevantdenominations, as notified to the Member State concerned, shallbe taken into account and, if sufficient, shall result in exemption
from the requirement of official examination. Upon acceptance
of such a landrace or variety, it shall be indicated as a“conservation variety” in the common catalogue;
(ii) in the case of (a) and (b) appropriate quantitative restrictions.’;
38. the following Article shall be added after Article 40:1998L0095 — EN — 21.02.1999 — 000.003 — 34
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‘Article 40a
1. Where the procedure laid down in this Article is to be
followed, matters shall be referred by the Chairman, either on his
own initiative or at the request of the representative of a Member
State, to the Standing Committee on Seeds and Propagating Materialfor Agriculture, Horticulture and Forestry (hereinafter called the“Committee”).
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which theChairman may lay down according to the urgency of the matter. Theopinion shall be delivered by the majority laid down in Article
148(2) of the Treaty in the case of decisions which the Council is
required to adopt on a proposal from the Commission. The votes ofthe representatives of the Member States within the Committee shallbe weighted in the manner set out in that Article. The Chairmanshall not vote.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of
the Committee or if no opinion is delivered, the Commission shallwithout delay submit to the Council a proposal relating to themeasures to be taken. The Council shall act by a qualified majority.
If on the expiry of a period of three months from referral to the
Council, the Council has not acted, the proposed measures shall beadopted by the Commission.’;
39. the following Article shall be inserted after Article 41:
‘Article 41a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 40 to take account of developments
in 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 situ and the sustainable use of plant genetic
resources, including seed mixtures of species which also includespecies listed in Article 1 of Council Directive 70/457/EEC, andare associated with specific natural and semi-natural habitatsand are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production
may be marketed.
2. The specific conditions referred to in paragraph 1 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
Member State for marketing the seed in defined areas;
(ii) in the case of (b), appropriate quantitative restrictions.’;
40. Article 42 shall be replaced by the following:
‘Article 42
Upon application by a Member State, which will be dealt with as
provided for in Article 40, that State may be wholly or partiallyreleased from the obligation to apply this Directive, to certain
species which are not normally reproduced or marketed in its
territory, save where this would run counter to Articles 16(1) and30(1).’
Article 8
1. Member States may, during a transitional period of not more than
four years after the entry into force of the laws, regulations oradministrative provisions necessary for them to comply with this1998L0095 — EN — 21.02.1999 — 000.003 — 35
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Directive and by way of derogation from Article 2(1)(C)(a) and (b) of
Directive 66/401/EEC, permit the marketing of seed of a generationpreviously permitted.
2. Member States may also, during a transitional period of not more
than four years after the entry into force of the laws, regulations oradministrative provisions necessary for them to comply with thisDirective and by way of derogation from Article 3(22) of this Directive,which repeals Article 14(2)(a) of Directive 66/402/EEC, continue torestrict the marketing of certified seed of oats, barley, rice, triticale,
wheat or spelt to that of the first generation.
3. Member States which currently operate restrictions on the
marketing of fodder plant seeds in mixtures in accordance with Article13 of Directive 66/401/EEC may also, during a transitional period of notmore than four years after the entry into force of the laws, regulationsand administrative provisions necessary for them to comply with this
Directive and by way of derogation from Article 2(19) of this Directive,
continue to prohibit the marketing of mixtures of fodder plant seeds.
Article 9
1. Member States shall bring into force the laws, regulations or
administrative provisions necessary to comply with this Directive notlater than twelve months after the date of publication of this Directive.
When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference on
the occasion of their official publication.
The methods of making such reference shall be laid down by Member
States.
2. Member States shall immediately communicate to the Commission
the provisions of national law which they adopt in the field covered bythis Directive. The Commission shall inform the other Member Statesthereof.
Article 10
This Directive is addressed to the Member States.1998L0095 — EN — 21.02.1999 — 000.003 — 36
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