1973L0438 — EN — 09.08.2002 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

amending the Directives of 14 June 1966 on the marketing of beet seed, fodder plant seed, cereal seed and seed potatoes; the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants; and the Directives of 29 September 1970 on the marketing of vegetable seed and on the common catalogue of varieties of agricultural plant species

Amended by:

Corrected by:

▼B

COUNCIL DIRECTIVE

of 11 December 1973

amending the Directives of 14 June 1966 on the marketing of beet seed, fodder plant seed, cereal seed and seed potatoes; the Directive of 30 June 1969 on the marketing of seed of oil and fibre plants; and the Directives of 29 September 1970 on the marketing of vegetable seed and on the common catalogue of varieties of agricultural plant species

(73/438/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular, Articles 43 and 100 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament ( 1 );

Having regard to the Opinion of the Economic and Social Committee;

Whereas, for the reasons given hereafter, amendments should be made to certain provisions of the Directives listed below, which were last amended by the Directive of 6 December 1972 ( 2 ): the Council Directives of 14 June 1966 on, respectively, the marketing of beet seed ( 3 ), the marketing of fodder plant seed ( 4 ), the marketing of cereal seed ( 5 ), the marketing of seed potatoes ( 6 ); the Council Directive of 30 June 1969 ( 7 ) on the marketing of seed of oil and fibre plants; the Council Directives of 29 September 1970 on the marketing of vegetable seed ( 8 ) and on the common catalogue of varieties of agricultural plant species ( 9 );

Whereas in the case of fodder plant seed and cereal seed provision should be made for the possibility of special marking concerning the presence of Avena fatua;

Whereas the maximum content of hard seed should be increased in the case of the species Trifolium repens; whereas, moreover, the species Phleum Bertolinii should be brought within the field of application of the Directive concerned;

Whereas it is appropriate that to a certain extent the minimum conditions for cereal species should be reinforced; whereas on the other hand less strict requirements for the official inspection of autogamous species should, be authorized for a transitional period;

Whereas experience of supplying flax seed makes it necessary to admit for four further years the category ‘Certified seed, third generation’;

Whereas mixtures of standard seed of several varieties should be authorized for a transitional period in the case of certain vegetable species in small packages; whereas it is also necessary to modify the minimum weights of samples and to introduce a transitional clause concerning the germination of vegetable seed;

Whereas an addition should be made to the Directive on the common catalogue of varieties of agricultural plant species as regards those varieties which, it has been established, cannot be grown in any part of the territory of a Member State;

Whereas certain of the abovementioned Directives provide that from 1 July 1973 the equivalent of seed and plants harvested in other countries, particularly in third countries, can no longer be established nationally by Member States; whereas, however, since it has not been possible to carry out the Community examination in all cases, the abovementioned period should be extended in order to avoid disturbing current commercial relations;

Whereas provision should be made for the simplification of the procedure for the amendment of Annexes where implementing measures of a technical nature are concerned, by the application of the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry in the event of amendments being necessitated by the development of scientific or technical knowledge;

Whereas, finally, a number of drafting corrections should be made to several of the abovementioned Directives,

HAS ADOPTED THIS DIRECTIVE: