1966L0401 — EN — 11.05.2004 — 009.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of14June1966
onthemarketingoffodderplantseed
(66/401/EEC)
(OJ P 125, 11.7.1966, p. 2298)
Amended by:
Official Journal
No page date
►M1Council Directive 69/63/EEC of 18 February 1969 L 48 8 26.2.1969
►M2Council Directive 71/162/EEC of 30 March1971 L 87 24 17.4.1971
►M3Council Directive 72/274/EEC of 20 July 1972 L 171 37 29.7.1972
►M4Council Directive 72/418/EEC of 6 December 1972 L 287 22 26.12.1972
►M5Council Directive 73/438/EEC of 11 December 1973 L 356 79 27.12.1973
►M6Council Directive 75/444/EEC of 26 June 1975 L 196 6 26.7.1975
►M7Council Directive 78/55/EEC of 19 December 1977 L 16 23 20.1.1978
►M8First Commission Directive 78/386/EEC of 18 April 1978 L 113 1 25.4.1978
►M9Council Directive 78/692/EEC of 25 July 1978 L 236 13 26.8.1978
►M10Council Directive 78/1020/EEC of 5 December 1978 L 350 27 14.12.1978
►M11Commission Directive 79/641/EEC of 27 June 1979 L 183 13 19.7.1979
►M12Council Directive 79/692/EEC of 24 July 1979 L 205 1 13.8.1979
►M13Commission Directive 80/754/EEC of 17 July 1980 L 207 36 9.8.1980
►M14Commission Directive 81/126/EEC of 16 February 1981 L 67 36 12.3.1981
►M15Commission Directive 82/287/EEC of 13 April 1982 L 131 24 13.5.1982
►M16Commission Directive 85/38/EEC of 14 December 1984 L 16 41 19.1.1985
►M17Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M18Council Directive 86/155/EEC of 22 April 1986 L 118 23 7.5.1986
►M19Commission Directive 87/120/EEC of 14 January 1987 L 49 39 18.2.1987
►M20Commission Directive 87/480/EEC of 9 September 1987 L 273 43 26.9.1987
►M21Council Directive 88/332/EEC of 13 June 1988 L 151 82 17.6.1988
►M22Council Directive 88/380/EEC of 13 June 1988 L 187 31 16.7.1988
►M23Commission Directive 89/100/EEC of 20 January 1989 L 38 36 10.2.1989
►M24Council Directive 90/654/EEC of 4 December 1990 L 353 48 17.12.1990
►M25Commission Directive 92/19/EEC of 23 March1992 L 104 61 22.4.1992
►M26Commission Directive 96/18/EC of 19 March1996 L 76 21 26.3.1996
►M27Council Directive 96/72/EC of 18 November 1996 L 304 10 27.11.1996
►M28Council Directive 98/96/EC of 14 December 1998 L 25 27 1.2.1999
►M29Council Directive 98/95/EC of 14 December 1998 L 25 1 1.2.1999
1966L0401 — EN — 11.05.2004 — 009.001 — 2
►M30Council Directive 2001/64/EC of 31 August 2001 L 234 60 1.9.2001
►M31Council Directive 2003/61/EC of 18 June 2003 L 165 23 3.7.2003
►M32Commission Directive 2004/55/EC of 20 April 2004 L 114 18 21.4.2004
Amended by:
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
►A2Act of Accession of Greece L 291 17 19.11.1979
►A3Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 16 (66/401/EEC)
►C2Corrigendum, OJ L 298, 1.11.1997, p. 70 (66/401/EEC)
►C3Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 30 (69/63/EEC)
►C4Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 87 (71/162/EEC)
►C5Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 106 (72/418/EEC)
►C6Corrigendum, OJ L 138, 21.5.1974, p. 27 (73/438/EEC)
►C7Corrigendum, OJ L 128, 21.5.1997, p. 16 (92/19/EEC)
►C8Corrigendum, OJ L 161, 16.6.2001, p. 48 (98/96/EC)
▼B
COUNCILDIRECTIVE
of14June1966
onthemarketingoffodderplantseed
(66/401/EEC)
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
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 fodder plant production occupies an important place in the
agriculture of the European Economic Community;
Whereas satisfactory results in fodder plant cultivation depend to a
large extent on the use of appropriate seed; whereas to this end certainMember States have for some time restricted the marketing of fodderplant seed to high-quality seed; whereas they have been able to takeadvantage of the systematic plant selection work carried out over
several decades which has resulted in the development of sufficiently
stable and uniform fodder plant varieties which, by reason of theircharacters, promise to be of great value for the purposes in view;
Whereas greater productivity will be achieved in Community fodder
plant cultivation if for the choice of the varieties permitted to bemarketed the Member States apply uniform rules which are as strictas possible;
Whereas it is, however, justifiable to restrict marketing to certain vari-
eties only if the user can be sure of actually obtaining seed of those
varieties;
Whereas certain Member States have for this purpose been applying
certification schemes which are intended by official control to ensure
identity and varietal purity;
Whereas such a scheme already exists at international level; whereas
the Organisation for Economic Co-operation and Development hasestablished a scheme for the varietal certification of herbage seedmoving in international trade;
Whereas it is desirable to establish a uniform certification scheme for
the Community based on the experience gained in the application ofthat scheme and of national schemes for this product;
Whereas the scheme should apply to marketing both in other Member
States and on domestic markets;
Whereas, as a general rule, fodder plant seed, for whatever use it is
intended as grown, should be allowed to be marketed only if it has
been officially examined and certified, in accordance withth e rulesfor certification, as basic seed or certified seed or if, in the case ofcertain genera and species, it has been officially examined andapproved as commercial seed; whereas the choice of the technicalterms ‘basic seed’ and ‘certified seed’ is based on already existing
international terminology;
Whereas there should be approval for commercial seed in order to take
into account the fact that not all genera and species of fodder plant ofimportance for cropping have as yet produced either the desired vari-eties or sufficient quantities of seed of the existing varieties to meetall the needs of the Community; whereas it is therefore necessary, inthe case of certain, genera and species, to approve fodder plant seed1966L0401 — EN — 11.05.2004 — 009.001 — 3
(1) OJ No 109, 9. 7. 1964, p. 1751/64.
▼B
which is not of a named variety, but which satisfies the regulations in
all other respects;
Whereas fodder plant seed which is not placed on the market should
not, in view of its minor economic importance, be subject to Commu-
nity rules; whereas Member States must retain the right to make suchseed subject to special provisions;
Whereas Community rules should not apply to seed shown to be
intended for export to third countries;
Whereas, in order to improve not only the genetic quality of Commu-
nity fodder plant seed but also its external characters, certainrequirements should be laid down as to analytical purity and germina-tion;
Whereas, in order to ensure the identity of the seed, Community rules
on packaging, sampling, sealing and marking must be established;
whereas to this end the labels should give the particulars needed both
for official control and for the information of the user and shouldclearly show the Community nature of the certification of the certifiedseed of the various categories;
Whereas certain Member States need blends of fodder plant seed of
several genera and species for special uses; whereas, in order to take
these needs into account, Member States should be authorised toapprove suchblends subject to certain conditions;
Whereas, in order to ensure that both the requirements as to the quality
of the seed and the provisions for ensuring its identity are compliedwithduring marketing, th e Member States must make provision for
appropriate control arrangements;
Whereas seed satisfying these requirements should, without prejudice
to Article 36 of the Treaty, be subject to no marketing restrictions otherthan those provided for in Community rules;
Whereas, during a first stage, until a common catalogue of varieties has
been established, the restrictions allowed should include in particular
the right of Member States to restrict the marketing of certified seed
to those varieties which are of value for cropping and use in theirown territory;
Whereas, subject to certain conditions, seed multiplied in another
country from basic seed certified in a Member State should be recog-
nised as equivalent to seed multiplied in that Member State;
Whereas, on the other hand, provision should be made for authorising
the marketing within the Community of fodder plant seed harvested inthird countries only if such seed affords the same assurances as seedofficially certified, or officially approved as commercial seed, withinthe Community and complying with Community rules;
Whereas, during periods in which there are difficulties in obtaining
supplies of certified seed of the various categories or of commercialseed, seed satisfying less stringent requirements should temporarily bepermitted to be marketed;
Whereas, in order to harmonise the technical methods of certification
used in the various Member States and to enable comparisons to be
made in the future between seed certified within the Community and
that coming from third countries, Community test fields should beestablished in Member States to permit annual post-control of seed ofthe various categories of ‘certified seed’;
Whereas the Commission should be entrusted with the task of adopting
certain measures for the application of this Directive; whereas, in order
to facilitate implementation of the proposed measures, a procedureshould be provided for establishing close co-operation betweenMember States and the Commission within a Standing Committee onSeeds and Propagating Material for Agriculture, Horticulture andForestry;1966L0401 — EN — 11.05.2004 — 009.001 — 4
▼B
HAS ADOPTED THIS DIRECTIVE:
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.
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 ortransfer aimed at commercial exploitation of seed to third parties,whether or not for consideration.
Trade in seed not aimed at commercial exploitation of the variety, such
as the following operations, shall not be regarded as marketing:
— the supply of seed to official testing and inspection bodies,
— the supply of seed to providers of services for processing or packa-
ging, provided the provider of services does not acquire title to seedthus supplied.
The supply of seed under certain conditions to providers of services for
the production of certain agricultural raw materials, intended for indus-
trial purposes, or seed propagation for that purpose, shall not be
regarded 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 Certification Authoritywith 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 withth e procedure laid down in Article 21.
Article 2
►
M11.◄For the purposes of this Directive, the following defi-
nitions shall apply:
A. Fodder plants: plants of the following genera and species:
(a)Gramineae Grasses
Agrostis canina L. Velvet bent
Agrostis gigantea RothRedtop
Agrostis stolonifera L. Creeping bent grass
►M19Agrostis capillaris L.◄ Brown top
Alopecurus pratensis L. Meadow foxtail
►M19Arrhenatherum elatius (L.) P.
Beauv. ex J.S et (SIC! and) K.B
Presl.◄Tall oatgrass
Bromus catharticus Vahl Rescue grass
Bromus sitchensis Trin. Alaska bromegrass
Cynodon dactylon (L.) Pers. Bermuda grass
Dactylis glomerata L. Cocksfoot
►M19Festuca arundinacea
Schreber ◄Tall fescue
Festuca ovina L. Sheep's fescue
►M19Festuca pratensis Hudson◄Meadow fescue1966L0401 — EN — 11.05.2004 — 009.001 — 5
▼M29
▼B
▼M11
▼M2
▼B
▼M11
▼M22
▼M18
▼B
▼B
Festuca rubra L. Red fescue
Lolium multiflorum Lam. Italian ryegrass (including Westerwold
ryegrass)
Lolium perenne L. Perennial ryegrass
►M19Lolium × boucheanum
Kunth◄Hybrid ryegrass
Phalaris aquatica L. Harding grass, Phalaris
Phleum bertolonii DC Timothy
Phleum pratense L. Timothy
Poa annua L. Annual meadowgrass
Poa nemoralis L. Wood meadowgrass
Poa palustris L. Swamp meadowgrass
Poa pratensis L. Smooth-stalk meadowgrass
Poa trivialis L. Rough-stalk meadowgrass
►M19Trisetum flavescens (L.) P.
Beauv.◄Golden oatgrass
This definition shall also cover the following hybrid resulting from the crossing
of species referred to above.
Festucaspp. xLoliumspp. Hybrids resulting from the crossing of
a species of the genus Festuca with aspecies of the genus Lolium(xFestu-
lolium)
(b)Leguminosae Legumes
Hedysarum coronarium L. Sulla
Lotus corniculatus L. Birdsfoot trefoil
Lupinus albus L. White lupin
Lupinus angustifolius L. Blue lupin
Lupinus luteus L. Yellow lupin
Medicago lupulina L. Black medick
Medicago sativa L. Lucerne
►
M19Medicago × varia T.
Martyn◄Lucerne
Onobrychis viciifolia Scop. Sainfoin
Pisum sativum L. (partim) Field pea
Trifolium alexandrinum L. Berseem, Egyptian clover
Trifolium hybridum L. Alsike clover
Trifolium incarnatum L. Crimson clover
Trifolium pratense L. Red clover
Trifolium repens L. White clover
Trifolium resupinatum L. Persian clover
Trigonella foenum-graecum L. Fenugreek
Vicia faba L. (partim) Field beans
Vicia pannonica Crantz Hungarian vetch
Vicia sativa L. Common vetch1966L0401 — EN — 11.05.2004 — 009.001 — 6
▼M2
▼M18
▼M11
▼B
▼M2
▼M11
▼M25
▼M32
▼M1
▼M2
▼M1
▼M11
▼M1
▼M11
▼M2
▼M2
Vicia villosa RothHairy vetch
(c)Other species
►M19Brassica napus L. var.napo-
brassica(L.) Rchb. ◄►C3Swede◄
►M19Brassica oleracea L. convar.
acephala (DC.) Alef. var. medullosa
Thell. + var. varidisL.◄►C3Fodder kale ◄
Phacelia tanacetifolia Benth. California bluebell
►M19Raphanus sativus L. var.
oleiformis Pers.◄Fodder radish.
B. Basic Seed:
1. Seed of bred varieties: seed
(a) which has been produced under the responsibility of the
breeder according to accepted practices for the maintenanceof the variety;
(b) which is intended for the production of seed of the category
‘certified seed’;
(c) which, subject to the provisions of Article 4, satisfies the
conditions laid down in Annexes I and II for basic seed;
and
(d) which has been found by official examination to satisfy the
abovementioned conditions.
2. Seed of local varieties: seed
(a) which has been produced under official control from mate-
rial officially accepted as being of the local variety on oneor more holdings situated within a clearly demarcatedregion of origin;
(b) which is intended for the production of seed of the category
‘certified seed’;
(c) which, subject to the provisions of Article 4, satisfies the
conditions laid down in Annexes I and II for basic seed;
and
(d) which has been found by official examination to satisfy the
abovementioned conditions.
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 found by official examination to satisfythe 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.
Ca. Certified seed, first generation ( Lupinusspp.,Pisum sativum, Vicia
spp. 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 basicseed which can satisfy and has been found by official exami-1966L0401 — EN — 11.05.2004 — 009.001 — 7
▼M1
▼M22
▼M1
▼B
▼M29
▼M29
nation to satisfy the conditions laid down in Annexes I and II
for basic seed;
(b) which is intended either for the production of seed of the cate-
gory ‘certified seed, second generation’ or 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.
Cb. Certified seed, second generation ( Lupinusspp.,Pisum sativum,
Viciaspp. and Medicago sativa ) seed:
(a) which has been produced directly from basic seed, from certi-
fied seed of the first generation or, if the breeder so requests,
from seed of a generation prior to basic seed which can satisfyand has been found by official examination to satisfy theconditions laid down in Annexes I 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.
D. Commercial seed: seed
(a) Which is identifiable as belonging to a species;
(b) which, subject to the provisions of Article 4 (b), satisfies the
conditions laid down in Annex II for commercial seed; and
(c) which has been found by official examination to satisfy the
abovementioned conditions.
E. Official measures: measures taken
(a) by State authorities, or
(b) by any legal person whether governed by public or by private
law, acting under the responsibility of the State, or
(c) in the case of ancillary activities which are also subject to
State control, by any natural person duly sworn for that
purpose,
provided that the persons mentioned under (b) and (c) derive no
private gain from suchmeasures.
F. Small ►
M27EC◄A packages: packages containing a mixture
of seeds not intended for the production of fodder plants, with anet weight not exceeding 2 kg excluding, where appropriate,
granulated pesticides, pelleting substances or other solid additives.
G. Small ►
M27EC◄B packages: packages containing certified
seed,►M29basic seed, ◄commercial seed or — if the
packages concerned are not small ►M27EC◄A packages —
a mixture of seeds witha net weigh t not exceeding 10 kgexcluding, where appropriate, granulated pesticides, pelleting
substances or other solid additives.
1a. Amendments to be made to the list of species referred to in para-
graph 1(A) shall be adopted in accordance with the procedure laid
down in Article 21.
1b. The different types of varieties, including the components,
eligible for certification under this Directive may be specified and
defined in accordance withth e procedure laid down in Article 21.1966L0401 — EN — 11.05.2004 — 009.001 — 8
▼B
▼M6
▼M28
▼M22
▼M29
►M221d.◄Member States may be authorized, in accordance
withth e procedure laid down in Article 21, not to apply in respect of
the production of a given Member State the condition contained in
Annex II, section I, point 2, paragraphB (1) for one or more of th especies concerned, if it can be assumed from ecological conditionsand previous experience that the standards laid down in Annex II,section I, point 2, column 13 of the table are being complied with.
2. Member States may, during a transitional period of not more than
four years after the entry into force of the laws, regulations or admin-
istrative provisions necessary to comply withth is Directive, and byway of derogation from paragraph1 (C), certify as certified seed seed►
C3produced directly ◄from seed officially controlled in a
Member State under the scheme in operation at that time and which
affords the same assurances as seed certified as basic seed or certified
seed in accordance with the principles of this Directive.
3. When the examination under official supervision referred to inparagraph1(C)(d)(ii) above is carried out, th e following requirements
shall be complied with:
(i) the inspectors shall:
(a) have the necessary technical qualifications;
(b) derive no private gain in connection withth e carrying out of
the inspections;
(c) have been officially licensed by the seed certification authority
of the Member State concerned and this licensing shall include
either the swearing-in of inspectors or the signature by inspec-
tors of a written statement of commitment to the rulesgoverning official examinations;
(d) carry out inspections under official supervision in accordance
withth e rules applicable to official inspections;
(ii) the seed crop to be inspected shall be grown from seed which has
undergone official post-control, the results of which have been
satisfactory;
(iii)►
C8a proportion of the seed crops shall be checked ◄by offi-
cial inspectors. That proportion shall be 10 % for self-pollinated
crops and 20 % for cross-pollinated crops or, for those speciesfor which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate,biochemical procedures to identify the variety and establish purity,5 % and 15 % respectively;
(iv) a proportion of samples from the seed lots harvested from the seed
crops shall be drawn for official post-control and, where appro-
priate, for official laboratory seed testing in respect of varietal
identity and purity;
(v) the Member States shall determine the penalties applicable to
infringements of the rules governing examination under officialsupervision. The penalties they provide for must be effective,proportionate and dissuasive. Penalties may include the withdrawalof the recognition referred to in paragraph (3)(i)(c) from officiallylicensed inspectors who are found guilty of deliberately or negli-
gently contravening the rules governing official examinations.
Any certification of the seed examined shall be annulled in theevent of such contravention unless it can be shown that such seedstill meets all relevant requirements.
4. Further measures applicable to the carrying out of examinations
under official supervision may be adopted in accordance withth eprocedure laid down in Article 21.1966L0401 — EN — 11.05.2004 — 009.001 — 9
▼M12
▼M1
▼M4
▼M28
▼M28
Until suchmeasures are adopted, th e conditions set out in Article 2 of
Commission Decision 89/540/EEC shall be adhered to.
Article 3
1. The Member States shall provide that seed of:
Brassica napus L. var.►C3napobrassica ◄(L.) Rchb.
Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa
Thell. + var. viridisL.
Dactylis glomerata L.
Festuca arundinacea Schreber
Festuca pratensis Hudson
Festuca rubra L. ×Festulolium
Lolium multiflorum Lam.
Lolium perenne L.
►M19Lolium × boucheanum Kunth◄
Phleum pratense L.
Medicago sativa L.
►M19Medicago × varia T. Martyn ◄
Pisum sativum L.
Raphanus sativus L. var.oleiformis Pers.
Trifolium repens L.
and, as from 1 July 1971, seed of Trifolium pratense L.
may not be placed on the market unless it has been officially certified
as ‘basic seed’ or ‘certified seed’ ►M29 ◄.
1a. Until 31 December 1989 the Kingdom of Spain may be author-
ized, in accordance withth e procedure laid down in Article 21, to
provide for exceptions to paragraph1 in th e case of seed of Medicago
sativa, Brassica oleracea convar.acephala andRaphanus sativus .
2. The Member States shall provide that fodder plant seed of genera
and species other than those listed in paragraph 1 may not be placed on
the market unless the seed has been officially certified as ‘basic seed’or ‘certified seed’, or is commercial seed ►
M29 ◄.
3. The Commission may, in accordance with the procedure laid
down in Article 21, provide that after specified dates seed of genera
and species of fodder plant other than those listed in paragraph 1 may
not be placed on the market unless it has been officially certified as‘basic seed’ or ‘certified seed’.
4. The Member States shall ensure that the official examinations are
carried out in accordance withcurrent international meth ods, insofar assuchmeth ods exist.1966L0401 — EN — 11.05.2004 — 009.001 — 10
▼B
▼M1
▼M19
▼M1
▼M19
▼M25
▼M2
▼M1
▼M11
▼M19
▼M1
▼M18
▼B
▼M29
Article 3a
Notwithstanding Article 3(1), Member States shall provide that
— bred seed of generations prior to basic seed, and
— seed as grown, marketed for processing, provided that the identity
of the seed is ensured,
may be placed on the market.
Article 4
Member States may, however, by way of derogation from the provi-
sions of Article 3:
(a) authorize the official certification and marketing of basic seed
which does not satisfy the conditions laid down in Annex II inrespect of germination; a similar derogation may also be granted
in respect of certified seed of Trifolium pratense where such seed
is intended for the further production ►
C1of other certified
seed◄.
In the cases given above, all necessary measures shall be taken to
ensure that the supplier guarantees a specific germination which heshall state for marketing purposes on a special label bearing hisname and address and the reference number of the seed lot;
(b) in order to make seed rapidly available, notwithstanding the fact
that official examination to check compliance with the conditionslaid down in Annex II in respect of germination has not beenconcluded, authorize the official certification or approval and
marketing as far as the first buyer by way of trade of seed of the
categories ‘basic seed’, ‘certified seed’ or ‘commercial seed’. Certi-fication or approval shall be granted only on presentation of aprovisional analytical report on the seed and provided that thename and address of the first recipient are given; all necessarymeasures shall be taken to ensure that the supplier guarantees the
germination ascertained at the provisional analysis; this germina-
tion shall be stated for marketing purposes on a special labelbearing the name and address of the supplier and the referencenumber of the lot.
These provisions shall not apply to seed imported from third countries,
save as otherwise provided in Article 15 in respect of multiplication
outside the Community.
Member States making use of the derogation provided for in either
subparagraph (a) or (b) shall assist each other administratively as
regards inspection.
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 ques-
tion.
In the case of genetically modified material, such authorisation may be
granted only if all appropriate measures have been taken to avoidadverse effects on human health and the environment. For the environ-
ment risk assessment to be carried out in this respect, the provisions of
Article 7(4) of Directive 70/457/EEC shall apply accordingly.
2. The purposes for which the authorisations referred to in paragraph
1(b) may be given, the provisions relating to the marking of packages,and the quantities and the conditions under which Member States may1966L0401 — EN — 11.05.2004 — 009.001 — 11
▼B
▼M29
▼M29
grant such authorisation shall be determined in accordance with the
procedure laid down in Article 21.
3. Authorisations granted before the date of adoption of this Direc-
tive by Member States to producers in their own territory for the
purposes set out in paragraph1 sh all remain in force pending determi-nation of the provisions referred to in paragraph 2. Thereafter, all suchauthorisations shall respect the provisions established in accordancewithparagraph2.
Article 5
Member States may, as regards the conditions laid down to Annexes I
and II, impose additional or more stringent requirements for the certifi-cation of seed and also for the examination of commercial seed, whichis produced in their own territory.
Article 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.
Article 6
The Member States shall provide that the description of the genealo-
gical components which may be required is, if the breeder so requests,treated as confidential.
Article 7
1. The Member States shall require that, for the checking of vari-
eties, the examination of seed for certification and the examination ofcommercial seed, samples are drawn officially in accordance withappropriate methods.
2. For the examination of seed for certification and the examination
of commercial seed, samples shall be drawn from homogeneous lots;
the maximum weight of a lot and the minimum weight of a sampleare given in Annex III.
Article 8
1. The Member States shall require that basic seed, certified seed
and commercial seed be marketed only in sufficiently homogeneouslots and in sealed ►
C1packages ◄bearing, as prescribed ►M6in
Article 9, 10 or 10a ◄, whichever is appropriate, a sealing device
and markings.
2. Member States may, for the marketing of small quantities to the
final consumer, provide for derogations from the provisions of para-graph1 in respect of packaging, sealing and marking.
Article 9
1. Member States shall require that packages of basic seed, certified
seed and commercial seed, except where seed of the two latter cate-gories takes the form of small ►
M27EC◄B packages, be sealed
officially or under official supervision in such a manner that they
cannot be opened without damaging the sealing system or leavingevidence of tampering on either the official label provided for inArticle 10 (1) or the package.
In order to ensure sealing, the sealing system shall comprise at least
either the abovementioned label or the affixing of an official seal.1966L0401 — EN — 11.05.2004 — 009.001 — 12
▼C2
▼M29
▼B
▼M2
▼B
▼M6
▼M9
▼M9
The measures provided for in the second subparagraph shall not be
necessary where a non-reusable sealing system is used.
In accordance withth e procedure laid down in Article 21, it may be
established whether a particular sealing system complies with theprovisions of this paragraph.
2. Member States shall require that, except in the case of small
►
M27EC◄B packages, packages shall not be resealed on one or
more occaisions (SIC! occasions) unless this is done officially
►M9or under official supervision ◄. If packages are resealed, the
fact of resealing, the date of resealing and the authority responsibletherefor shall be stated on the label required under Article 10 (1).
3. The Member States shall require that small ►
M27EC◄B
packages be sealed in such a manner that they cannot be openedwithout damaging the sealing system or leaving evidence of tampering
on the label or package. In accordance with the procedure laid down in
Article 21, it may be established whether a particular sealing systemcomplies with the provisions of this paragraph. Packages shall not beresealed on one or more occasions except under official supervision.
Article 10
1. Member States shall require that packages of basic seed, certified
seed and commercial seed, except where seed of the last two categories
takes the form of small ►M27EC◄B packages:
(a) be labelled on the outside with an official label which has not
previusly (SIC! previously) been used, which satisfies the condi-tions laid down in Annex IV (A) and on which the information isgiven in one of the official languages of the Community. Thecolour of the label shall be white for basic seed, blue for certifiedseed of the first generation after basic seed, red for certified seed of
subsequent generations and brown for commercial seed. When a
label with a string-hole is used, its attachment shall be ensured inall cases withan official seal. If, in cases under Article 4 (a), th ebasic seed or certified seed does not satisfy the conditions laiddown in Annex II in respect of germination, this fact shall be statedon the label. The use of official adhesive labels shall be authorized.
In accordance with the procedure laid down in Article 21, the
indelible printing under official supervision of the prescribed infor-mation on the package according to the label's model may beauthorized;
(b) contain an official document, in the same colour as the label,
giving at least the infomation required under Annex IV (A) (I) (a)
(3), (4) and (5) and, in the case of commercial seed, under (b) (2),(4) and (5). This document shall be drawn up in such a manner thatit cannot be confused withth e official label referred to under (a).This document is not necessary if the information is printed indel-
ibly on the container or if, in accordance with the provisions under
(a), an adhesive label or a label of non-tear material is used.
Article 10a
1. Member States shall require that small ►M27EC◄B
packages:
(a) bear on the outside in accordance with Annex IV (B) a supplier's
label, a printed notice or stamp in one of the official languages ofthe Community; in the case of transparent packages this label may1966L0401 — EN — 11.05.2004 — 009.001 — 13
▼M6
▼M9
▼M29
▼M7
▼M29
▼M6
▼M6
be placed inside, provided it can be read through the package; as
regards the colour of the label, Article 10 (1) (a) shall apply;
(b) bear on the outside or on the supplier's label provided for in
subparagraph(a) an officially assigned serial number; sh ould an
official adhesive label be used, Article 10 (1) (a) shall apply as
regards its colour; the methods of attaching the said serial numbermay be fixed in accordance withth e procedure laid down underArticle 21.
2. Member States may require than (SIC! that) an official adhesive
label containing part of the information prescribed in Annex IV (B) isused for the marking of small ►
M27EC◄B packages packed in
their territory; insofar as the information is given on such label, the
marking provided for in paragraph1 (a) sh all not be required.
Article 10b
Member States may provide that, on request, small EC B packages of
seed shall be sealed and marked officially or under official supervision
in accordance withArticle 9(1) and Article 10.
Article 10c
The Member States shall take all measures necessary to ensure that, in
the case of small packages of seed, the identity of the seed can bechecked, in particular at the time when seed lots are divided up. Tothis end they may require that small packages divided up in their terri-tory shall be sealed officially or under official supervision.
Article 10d
1. Member States may, by way of derogation from Articles 8, 9 and
10, provide a simplification of the provisions relating to the closingdevice and the marking of packages in the case of marketing of seed
of the category ‘certified seed’ in bulk to the final consumer.
2. Conditions for the application of the derogation under paragraph
1 above shall be determined in accordance with the procedure referred
to in Article 21(2).
Until suchmeasures are adopted, th e conditions set out in Article 2 of
Commission Decision 94/650/EC (
1) shall apply.
Article 11
1. In accordance withth e procedure laid down in Article 21 it may
be provided that Member States may require that, in cases other than
those provided for in this Directive, packages of basic seed, certified
seed or commercial seed shall bear a supplier's label (which may eitherbe a label separate from the official label or take the form of suppliers'information printed on the package itself) or that seed lots complyingwith the special conditions concerning the presence of Avena fatua ,
laid down in accordance withth e procedure provided for in Article
21, should be accompanied by an official certificate attesting compli-ance withth ose conditions.
2. The particulars to be provided on any such label shall also be
established in accordance with the procedure laid down in Article 21.
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 or1966L0401 — EN — 11.05.2004 — 009.001 — 14
(1) OJ L 252, 28.9.1994, p. 15. Decision as last amended by Commission Deci-
sion 2000/441/EC (OJ L 176, 15.7.2000, p. 50).▼M29
▼M6
▼M30
▼M29
▼M29
accompanies the seed lot, under the provisions of this Directive, shall
clearly indicate that the variety has been genetically modified.
Article 12
The Member States shall require that any chemical treatment of basic
seed, certified seed or commercial seed be noted either on the officiallabel or on the supplier's label and on the ►
C1package ◄or inside
it.
Article 13
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 plants
which 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 Directives 66/401/EEC,66/402/EEC, 69/208/EEC or 70/458/EEC, with the exception of the
varieties mentioned in Article 4(2)(a) of Directive 70/457/EEC;
— if it is intended for use in the preservation of the natural environ-
ment in the context of the conservation of genetic resourcesreferred to in Article 22a(b), in which case the mixtures maycontain seeds of fodder plants and seeds of plants which 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/
208/EEC and 70/458/EEC, comply, before mixing, withth e 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 of finished mixtures,
shall be determined in accordance with the procedure laid down inArticle 21.
In the case of the third indent, the conditions under which such
mixtures may be marketed shall be determined in accordance with theprocedure laid down in Article 21.
2. Articles 8, 9, 10b, 11 and 12 shall apply, and, providing,
however, the label is green in colour, Articles 10 and 10a. For this
purpose, small ►
M27EC◄A packages shall be considered small
►M27EC◄B packages.
However, for small ►M27EC◄A packages, the officially assigned
serial number provided for in paragraph1 (b) of Article 10 (a) sh all notbe required.
Article 13a
For the purpose of seeking improved alternatives to certain provisions
set out in this directive, it may be decided to organise temporaryexperiments under specified conditions at Community level in accor-dance withth e provisions laid down in Article 21.
In the framework of such experiments, Member States may be released
from certain obligations laid down in this Directive. The extent of that1966L0401 — EN — 11.05.2004 — 009.001 — 15
▼B
▼M6
▼M29
▼M22
▼M28
▼M22
▼M22
release shall be defined with reference to the provisions to which it
applies. The duration of an experiment shall not exceed seven years.
Article 14
1. Member States shall ensure that seed which is placed on the
market under the provisions of this Directive, whether mandatory ordiscretionary, is not subject to any marketing restrictions as regards itscharacteristics, examination requirements, marking and sealing otherthan those laid down in this or any other Directive.
1a. The Commission, in accordance with the procedure provided for
in Article 21, shall for the marketing of forage crop seeds authorize, in
respect of the whole or parts of the territory of one or more MemberStates, provisions which are more strict than those laid down in AnnexII concerning the presence of Avena fatua in those seeds, if similarprovisions are applied to the home production of those seeds and if
there is a campaign to eradicate Avena fatua from forage crops grown
in the region in question.
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 certifica-
tion authority in accordance with the provisions applicable to thecertification of basic seed;
(b) it must be packed in accordance withth is Directive; and
(c) the packages must bear an official label giving at least the
following particulars:
— certification authority and Member State or their distinguishing
abbreviation,
— lot reference number,
— monthand year of sealing, or
— month and year of the last official sampling for the purposes of
certification,
— species, indicated at least under its botanical name, which may
be given in abridged form and without the authors' names, in
Roman characters,
— variety, indicated at least in Roman characters,
— the description ‘pre-basic seed’,— number of generations preceding seed of the category ‘certified
seed’, or ‘certified seed of the first generation’.
The label shall be white with a diagonal violet line.
Article 15
1. The Member States shall provide that fodder plant seed
— which has been produced directly from basic seed or certified seed
officially certified either in one or more Member States or in a thirdcountry which has been granted equivalence under Article 16 (1)(b), or which has been produced directly from the crossing of basicseed officially certified in a Member State withbasic seed officiallycertified in sucha th ird country, and
— which has been harvested in another Member State,
shall, on request and without prejudice to the provisions of Directive
70/457/EEC, be officially certified as certified seed in any Member1966L0401 — EN — 11.05.2004 — 009.001 — 16
▼B
▼M29
▼A1
▼M29
▼M22
▼M22
State if that seed has undergone field inspection satisfying the condi-
tions laid down in Annex I for the relevant category and if officialexamination has shown that the conditions laid down in Annex II for
the same category are satisfied.
Where in such cases the seed has been produced directly from offi-
cially certified seed of generations prior to basic seed, Member Statesmay also authorize official certification as basic seed, if the conditions
laid down for that category are satisfied.
2. Fodder plant seed which has been harvested in the Community
and which is intended for certification in accordance with paragraph 1shall:
— be packed and labelled withan official label satisfying th e condi-
tions 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, thosedrawing up the documents for the certification of seeds which havenot been definitively certified and those responsible for certification
are the same, or if they agree on exemption’.;
clearly indicate that the variety has been genetically modified.
3. The Member States shall also provide that fodder plant seed
— which has been produced directly from basic seed or certified seed
officially certified either in one or more Member States or in a third
country which has been granted equivalence under Article 16 (1)(b), or which has been produced directly from the crossing of basicseed officially certified in a Member State withbasic seed officiallycertified in sucha th ird country, and
— which has been harvested in a third country,
shall, on request, be officially certified as certified seed in any of those
Member States where the basic seed or certified seed referred to abovewas either produced or officially certified, if the seed has undergonefield inspection satisfying the conditions laid down in an equivalence
decision made under Article 16 (1) (a) for the relevant category, and
if official examination has shown that the conditions laid down inAnnex II for the same category are satisfied. Other Member Statesmay also authorize official certification of such seed.
Article 16
1. The Council, acting by a qualified majority on a proposal from
the Commission, shall determine whether:
(a) in the case provided for in Article 15, the field inspections in the
third country satisfy the conditions laid down in Annex I;
(b) fodder plant seed havested in a third country and affording the
same assurances as regards its ►
C1characteristics ◄and the
arrangements for its examination, for ensuring identity, for markingand for control is equivalent in these respects to basic seed, certi-
fied seed or commercial seed harvested within the Community and
complying with the provisions of this Directive.
2. Member States may themselves take decisions under paragraph 1
concerning a third country, insofar as the Council has not yet taken adecision with regard to that country within the framework of thisDirective. This right shall expire on ►
M101 July 1978. ◄
3. Paragraphs 1 and 2 shall also apply in respect of any new
Member State from the date of its accession to the date on which it is1966L0401 — EN — 11.05.2004 — 009.001 — 17
▼M29
▼M22
▼B
▼M5
▼M3
▼M3
to bring into force the laws, regulations or administrative provisions
necessary to comply withth is Directive
4. Paragraph 1 shall also apply to the territory of the former German
Democratic Republic until 31 December 1991. Detailed rules for appli-cation may be adopted in accordance withth e procedure laid down inArticle 21.
Article 17
1. In order to remove any temporary difficulties in the general
supply of basic, certified or commercial seed that occur in the Commu-
nity and cannot be otherwise overcome, it may be decided in
accordance with the procedure laid down in Article 21 that MemberStates shall permit, for a specified period, the marketing throughoutthe Community in quantities necessary to resolve supply difficulties ofseed of a category subject to less stringent requirements, or of seed of a
variety not included in the Common Catalogue of Varieties of Agricul-
tural 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 of varietiesnot 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 less stringent require-ments.
3. Rules for the application of paragraph 1 may be adopted in accor-
dance withth e procedure laid down in Article 21.
Article 18
This Directive shall not apply to fodder plant seed shown to be
intended for export to third countries.
Article 19
1. Member States shall ensure that official inspections are carried
out in relation to the marketing of fodder plant seed, at least by randomchecks, to verify compliance with the requirements and conditions ofthis Directive.
2. Without prejudice to the free movement of seed within the
Community, Member States shall take all necessary measures to ensure
that they are supplied with the following particulars during the
marketing of quantities exceeding two kilograms of seed importedfrom third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be
determined in accordance withth e procedure laid down in Article 21.
Article 20
1. Community comparative tests and trials shall be carried out
within the Community for the post-control of samples of fodder plantseed placed on the market under the provisions of this Directive,1966L0401 — EN — 11.05.2004 — 009.001 — 18
▼M24
▼M29
▼B
▼M29
▼M31
▼M31
whether mandatory or discretionary, and taken during sampling. The
comparative tests and trials may include the following:
— seed harvested in third countries,
— seed suitable for organic farming,
— seed marketed in relation to the conservation in situand the sustain-
able use of plant genetic resources.
2. These comparative tests and trials shall be used to harmonise the
technical methods of certification and to check satisfaction of theconditions with which the seed must comply.
3. The Commission, acting in accordance with the procedure
referred to in Article 21, shall make the necessary arrangements for
the comparative tests and trials to be carried out. The Commission shallinform the Committee referred to in Article 21 about the technicalarrangements for holding the tests and trials and the results thereof.
4. The Community may make a financial contribution to the perfor-
mance of the tests and trials foreseen in paragraphs 1 and 2. Thefinancial contribution shall not exceed the annual appropriations
decided by the budgetary authority.
5. The tests and trials which may benefit from a Community finan-
cial contribution, and detailed rules for the provision of the financial
contribution, shall be established in accordance with the procedurelaid down in Article 21.
6. The tests and trials foreseen in paragraphs 1 and 2 may be
performed only by State authorities or legal persons acting under theresponsibility of the State.
Article 21
1. The Commission shall be assisted by the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture andForestry established by Article 1 of Council Decision 66/399/EEC
(hereinafter ‘the Committee’).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Council Decision 1999/468/EC of 28 June 1999 laying down the proce-
dures for the exercise of implementing powers conferred on theCommission (
1) shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall
be set at one month.
3. The Committee shall adopt its rules of procedures.
Article 21a
Amendments to be made to the content of the Annexes in the light of
the development of scientific or technical knowledge shall be adoptedaccording to the procedure laid down in Article 21.
Article 22
This Directive shall be without prejudice to the provisions of national
laws justified on grounds of the protection of health and life ofhumans, animals or plants or the protection of industrial and commer-cial property.1966L0401 — EN — 11.05.2004 — 009.001 — 19
(1) OJ L 184, 17.7.1999, p. 23.▼M30
▼M2
▼M5
▼B
▼M29
Article 22a
1. Specific conditions may be established in accordance with the
procedure laid down in Article 21 to take account of developments inthe 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 withspecific natural and semi-natural h abitats andare 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.
Article 23
The Member States shall, not later than 1 July 1968, bring into force
the laws, regulations or administrative provisions necessary to complywith the provisions of Article 14 (1) and, not later than 1 July 1969,those necessary to comply with the other provisions of this Directiveand its Annexes. They shall forthwith inform the Commission thereof.
The Federal Republic of Germany is hereby authorized to comply, in
respect of the territory of the former German Democratic Republic,withth e following:
— Article 3 (1), in the case of:
— seed harvested prior to German unification or after unification
insofar as the seed production fields had been sown before thatdate,
— other seed if it is certified in accordance with Article 2 (2),
— Article 8 (2), in the case of the restriction to ‘small quantities’ for
seed ofPisum sativum L. (partim) and Vicia faba L. (partim);
— Article 16, within the limits of the traditional trade flows and in
response to the production needs of undertakings in the former
German Democratic Republic,
at a date later than that referred to above, but not later than 31
December 1992 in respect of the third indent and not later than 31
December 1994 in respect of the other indents.
The Federal Republic of Germany shall ensure that seed in respect of
which it applies this authorization, other than seed specified in thesecond sub-indent of the first indent, is not introduced into parts of
the Community other than the territory of the former German Demo-
cratic Republic unless it is established that the provisions of thisDirective are complied with.
Article 23a
Upon application by a Member State, which will de (SIC! be) dealt
with as provided in Article 21, that State may be wholly or partiallyreleased from the obligation to apply this Directive in respect of certainspecies if seed of those species is not normally reproduced or marketedin its territory.1966L0401 — EN — 11.05.2004 — 009.001 — 20
▼B
▼M24
▼M1
▼B
Article 24
This Directive is addressed to the Member States.1966L0401 — EN — 11.05.2004 — 009.001 — 21
▼M8
ANNEX I
CONDITIONSTOBESATISFIEDBYTHECROP
1. The previous cropping of the field shall not have been incompatible with the
production of seeds of the species and variety of the crop, and the field shall
be sufficiently free from suchplants wh ichare volunteers from previous
cropping.
2. The crop shall conform to the following standards as regards distances from
neighbouring sources of pollen which may result in undesiderable (SIC!
undesirable) foreign pollination:
CropMinimum
distance
1 2
Brassica spp., ►M22Phacelia tanacetifolia ◄:
— for the production of basic seed 400 m
— for the production of certified seed 200 m
Species or varieties other than Brassica spp.,
►M22Phacelia tanacetifolia ◄,►M11Pisum
sativum◄,►M16varieties of Poa pratensis referred to
in the second part of the third sentence of paragraph 4: ◄
— for the production of seed intended for multiplication,
fields up to two hectares 200 m
— for the production of seed intended for multiplication,
fields over two hectares 100 m
— for the production of seed intended for the production of
fodder plants, fields up to two hectares 100 m
— for the production of seed intended for the production of
fodder plants, fields over two hectares 50 m
These distances can be disregarded if there is sufficient protection from any
undesiderable (SIC! undesirable) foreign pollination.
3. Plants of other species, the seeds of which are difficult to distinguish from
the crop seeds in a laboratory test, shall be at a low level.
In particular, crops of loliumspecies►M25or ×Festulolium ◄shall
conform to the following conditions: the number of plants of a loliumspecies
►M25or ×Festulolium ◄other than the crop species shall not exceed:
— one per 50 m2for the production of basic seed,
— one per 10 m2for the production of certified seed.
4. The crop shall have sufficient varietal identity and varietal purity. In parti-
cular, crops ►M14other than those of the species Pisum sativum ,
►M15Vicia faba ◄,Brassica napus var.napobrassica ,Brassica oleracea
convar. acephala ◄,►M15 ◄►M16or of Poa
pratensis ◄shall conform to the following standards: the number of plants
of the crop species which are recognizable as obviously not being true to the
variety shall not exceed:
— one per 30 m2for the production of basic seed,
— one per 10 m2for the production of certified seed.
In the case of Poa pratensis , the number of plants of the crop species which
are recognizable as obviously not being true to the variety shall not exceed:
— one per 20 m2for the production of basic seed,
— four per 10 m2for the production of certified seed;
however, in the case of varieties which are officially classified as ‘apomictic
uni-clonal varieties’ under agreed procedures, a number of plants recogniz-
able as not being true to the variety, which does not exceed six per 10 m2,
may be regarded as satisfying the beforementioned standards for the produc-
tion of certified seed. Upon application, a Member State may be authorized,
in accordance with the procedure laid down in Article 21, to assess the satis-
faction of the varietal purity standards in the case of crops of Poa pratensis
belonging to such varieties not only on the basis of the results of the field1966L0401 — EN — 11.05.2004 — 009.001 — 22
▼M16
▼M16
inspection carried out in accordance withparagraph6 of Annex I, wh ere
there is evidence that compliance with the varietal purity standards set up in
Annex II is ensured by appropriate seed testing or other appropriate means.
►M14In the case of the species Pisum sativum ,►M15Vicia faba ◄,
Brassica napus var.napobrassica ,Brassica oleracea convar. acepha-
la►M15 ◄►M16 ◄. only the first
sentence is applicable. ◄
5. Harmful organisms which reduce the usefulness of the seed shall be at the
lowest possible level.
6. The satisfaction of the abovementioned standards or other conditions shall, in
the case of basic seed, be examined in official field inspections and, in the
case of certified seed, be examined either in official field inspections or in
inspections carried out under official supervision.
These field inspections shall be carried out in accordance with the following
conditions:
A. The condition and the stage of development of the crop shall permit an
adequate examination.
B. There shall be at least one field inspection.C. The size, the number and the distribution of the portions of the field to be
inspected in order to examine the satisfaction of the provisions of this
Annex shall be determined in accordance with appropriate methods.1966L0401 — EN — 11.05.2004 — 009.001 — 23
▼B
▼M8
▼M28
▼M8
▼M8
ANNEX II
CONDITIONSTOBESATISFIEDBYTHESEED
I. CERTIFIED SEED
1. The seed shall have sufficient varietal identity and purity.
In particular, the seeds of the species listed below shall conform to the
following standards or other conditions. The minimum varietal purity shall
be:
—►M16Poa pratensis , varieties referred to in the second part of the third
sentence of paragraph4 of Annex I ◄►M29,Brassica napus var.
napobrassica andBrassica oleracea convar. acephala ◄: 98%
—Pisum sativum ,Vicia faba ►M29 ◄:
— certified seed, 1st generation: 99%,— certified seed, 2nd and subsequent generations: 98%.
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance withth e conditions laid down in Annex I.
2. The seed shall conform to the following standards or other conditions as
regards germination, analytical purity and content of seeds of other plant
species, including Lupin seeds of another colour and of bitter Lupin seeds:
A. Table:1966L0401 — EN — 11.05.2004 — 009.001 — 24
▼M15
▼M8
SpeciesGermination Analytical purityMaximum content of seeds of other plant
species in a sample of the weight specified in
column 4 of Annex III (total per column)Conditions
as regards
content of
Lupin seeds
of another
colour and
of bitter
Lupin seedsMinimum
germina-
tion
(% of pure
seed)Maximum
content of
hard seed
(% of pure
seed)Minimum
analytical
purity
(% by
weight)Maximum content of seeds of other plant species
(% by weight)
Total A single speciesAgropyron
repensAlopecurus
myosur-
oidesMelilotus
spp.Raphanus
raphanis-
trumSinapis
arvensisAvena
fatua,
Avena
ludo-
viciana,
Avena ster-
ilisCuscuta
spp.►M13Rumexspp.
other than Rumex
acetosella andRumex
maritimus ◄
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
GRAMINEAE
►M11Agrostis
canina◄75 (a) 90 2,0 1,0 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Agrostis gigantea 80 (a) 90 2,0 1,0 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Agrostis stolonifera 75 (a) 90 2,0 1,0 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
►M19Agrostis
capillaris ◄75 (a) 90 2,0 1,0 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Alopecurus pratensis 70 (a) 75 2,5 1,0 ►M23(f)◄0,3 0,3 0 0 (j) (k) ►C75 (n)◄
Arrhenatherum elatius 75 (a) 90 3,0 1,0 (f) 0,5 0,3 0 (g) 0 (j) (k) ►M205 (n)◄
Bromus catharticus 75 (a) 97 1,5 1,0 0,5 0,3 0 (g) 0 (j) (k) 10 (n)
Bromus sitchensis 75 (a) 97 1,5 1,0 0,5 0,3 0 (g) 0 (j) (k) 10 (n)
Cynodon dactylon 70 (a) 90 2,0 1,0 0,3 0,3 0 0 (j) (k) 2
Dactylis glomerata 80 (a) 90 1,5 1,0 0,3 0,3 0 0 (j) (k) ►M205 (n)◄
Festuca arundinacea 80 (a) 95 1,5 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
Festuca ovina 75 (a) 85 2,0 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
Festuca pratensis 80 (a) 95 1,5 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
Festuca rubra 75 (a) 90 1,5 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
× Festulolium 75 (a) 96 1,5 1,0 0,5 0,3 0 0 (j) (k) 5 (n)
Lolium multiflorum 75 (a) 96 1,5 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
Lolium perenne 80 (a) 96 1,5 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
►M19Lolium ×
boucheanum ◄75 (a) 96 1,5 1,0 0,5 0,3 0 0 (j) (k) ►M205 (n)◄
Phalaris aquatica L. 75 (a) 96 1,5 1,0 0,3 0,3 0 0 (j) (k) ►M205◄
Phleum bertolonii 80 (a) 96 1,5 1,0 0,3 0,3 0 0 (k) 5▼M81966L0401 — EN — 11.05.2004 — 009.001 — 25▼M22
▼M18
▼M8
▼M25
▼M8
▼M18
▼M8
SpeciesGermination Analytical purityMaximum content of seeds of other plant
species in a sample of the weight specified in
column 4 of Annex III (total per column)Conditions
as regards
content of
Lupin seeds
of another
colour and
of bitter
Lupin seedsMinimum
germina-
tion
(% of pure
seed)Maximum
content of
hard seed
(% of pure
seed)Minimum
analytical
purity
(% by
weight)Maximum content of seeds of other plant species
(% by weight)
Total A single speciesAgropyron
repensAlopecurus
myosur-
oidesMelilotus
spp.Raphanus
raphanis-
trumSinapis
arvensisAvena
fatua,
Avena
ludo-
viciana,
Avena ster-
ilisCuscuta
spp.►M13Rumexspp.
other than Rumex
acetosella andRumex
maritimus ◄
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Phleum pratense 80 (a) 96 1,5 1,0 0,3 0,3 0 0 (k) 5
Poa annua 75 (a) 85 2,0 (c) 1,0 (c) 0,3 0,3 0 0 (j) (k) 5 ►M14(n)◄
Poa nemoralis 75 (a) 85 2,0 (c) 1,0 (c) 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Poa palustris 75 (a) 85 2,0 (c) 1,0 (c) 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Poa pratensis 75 (a) 85 2,0 (c) 1,0 (c) 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Poa trivialis 75 (a) 85 2,0 (c) 1,0 (c) 0,3 0,3 0 0 (j) (k) 2 ►M14(n)◄
Trisetum flavescens 70 (a) 75 3,0 1,0 (f) 0,3 0,3 0 (h) 0 (j) (k) 2 ►M14(n)◄
LEGUMINOSAE
Hedysarum coronarium 75 (a) (b) 30 95 2,5 1,0 0,3 0 0 (k) 5
Lotus corniculatus 75 (a) (b) 40 95 1,8 (d) 1,0 (d) 0,3 0 0 (l) (m) 10
Lupinus albus 80 (a) (b) 20 98 0,5 (e) 0,3 (e) 0,3 0 (i) 0 (j) ►M205 (n)◄(o) (p)
Lupinus angustifolius 75 (a) (b) 20 98 0,5 (e) 0,3 (e) 0,3 0 (i) 0 (j) ►M205 (n)◄(o) (p)
Lupinus luteus 80 (a) (b) 20 98 0,5 (e) 0,3 (e) 0,3 0 (i) 0 (j) ►M205 (n)◄(o) (p)
Medicago lupulina 80 (a) (b) 20 97 1,5 1,0 0,3 0 0 (l) (m) ►M2010◄
Medicago sativa 80 (a) (b) 40 97 1,5 1,0 0,3 0 0 (l) (m) ►M2010◄
►M11Medicago ×
varia◄80 (a) (b) 40 97 1,5 1,0 0,3 0 0 (l) (m) ►M2010◄
►M11Onobrychis
viciifolia ◄75 (a) (b) 20 95 2,5 1,0 0,3 0 0 (j) ►M205◄
►M11Pisum sativum ◄ 80 (a) 98 0,5 0,3 0,3 0 0 (j) ►M205 (n)◄
Trifolium alexandrinum 80 (a) (b) 20 97 1,5 1,0 0,3 0 0 (l) (m) ►M2010◄
Trifolium hybridum 80 (a) (b) 20 97 1,5 1,0 0,3 0 0 (l) (m) 10
Trifolium incarnatum 75 (a) (b) 20 97 1,5 1,0 0,3 0 0 (l) (m) ►M2010◄
Trifolium pratense 80 (a) (b) 20 97 1,5 1,0 0,3 0 0 (l) (m) ►M2010◄
Trifolium repens 80 (a) (b) 40 97 1,5 1,0 0,3 0 0 (l) (m) 10
Trifolium resupinatum 80 (a) (b) 20 97 1,5 1,0 0,3 0 0 (l) (m) 10
Trigonella foenumgraecum 80 (a) 95 1,0 0,5 0,3 0 0 (j) ►M205◄▼M81966L0401 — EN — 11.05.2004 — 009.001 — 26 ▼M20
▼M8
SpeciesGermination Analytical purityMaximum content of seeds of other plant
species in a sample of the weight specified in
column 4 of Annex III (total per column)Conditions
as regards
content of
Lupin seeds
of another
colour and
of bitter
Lupin seedsMinimum
germina-
tion
(% of pure
seed)Maximum
content of
hard seed
(% of pure
seed)Minimum
analytical
purity
(% by
weight)Maximum content of seeds of other plant species
(% by weight)
Total A single speciesAgropyron
repensAlopecurus
myosur-
oidesMelilotus
spp.Raphanus
raphanis-
trumSinapis
arvensisAvena
fatua,
Avena
ludo-
viciana,
Avena ster-
ilisCuscuta
spp.►M13Rumexspp.
other than Rumex
acetosella andRumex
maritimus ◄
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
►M11Vicia faba ◄►
M32 80
◄
(a) (b)5 98 0,5 0,3 0,3 0 0 (j) ►M205 (n)◄
Vicia pannonica 85 (a) (b) 20 98 1,0 (e) 0,5 (e) 0,3 0 (i) 0 (j) ►M205 (n)◄
Vicia sativa 85 (a) (b) 20 98 1,0 (e) 0,5 (e) 0,3 0 (i) 0 (j) ►M205 (n)◄
Vicia villosa 85 (a) (b) 20 98 1,0 (e) 0,5 (e) 0,3 0 (i) 0 (j) ►M205 (n)◄
OTHER SPECIES
Brassica napus var.napo-
brassica80 (a) 98 1,0 0,5 0,3 0,3 0 0 (j) (k) ►M205◄
Brassica oleracea convar.
acephala (SIC!accephala
var.medullosa + var.
viridis)75 (a) 98 1,0 0,5 0,3 0,3 0 0 (j) (k) ►M2010◄
Phacelia tanacetifolia 80 (a) 96 1,0 0,5 0 0 (j) (k)
Raphanus sativus
►M19var.oleiformis ◄80 (a) 97 1,0 0,5 0,3 0,3 0 0 (j) ►M205◄▼M81966L0401 — EN — 11.05.2004 — 009.001 — 27
▼M22
▼M8
▼M8
B. Standards or other conditions applicable where reference is made to them
in the table under Section I (2) (A) of this Annex:
(a) All fresh and healthy seeds which do not germinate after pre-treat-
ment shall be regarded as seeds which have germinated.
(b) Up to the maximum quantity indicated, hard seed present shall be
regarded as seed capable of germination.
(c) A maximum total of 0,8% by weight of seeds of other Poaspecies
shall not be regarded as an impurity.
(d) A maximum of 1% by weight of seeds of Trifolium pratense shall
not be regarded as an impurity.
(e) A maximum total of 0,5% by weight of seeds of Lupinus albus,
Lupinus angustifolius, Lupinus luteus, ►M11Pisum sativum, Vicia
faba◄, Vicia pannonica, Vicia sativa, Vicia villosa in an other
(SIC! another) relevant species shall not be regarded as an impurity.
(f) The prescribed maximum percentage by weight of seeds of a single
species shall not apply to seeds of Poaspp.
(g) A maximum total of two seeds of Avena fatua, Avena ludoviciana,
Avena sterilis in a sample of the prescribed weight shall not be
regarded as an impurity where a second sample of the same weight
is free from any seeds of these species.
(h) The presence of one seed of Avena fatua, Avena ludoviciana, Avena
sterilisin a sample of the prescribed weight shall not be regarded as
an impurity where a second sample of twice the prescribed weight is
free from any seeds of these species.
(i) The determination of seeds of Avena fatua, Avena ludoviciana,
Avena sterilis by number need not be carried out unless there is
doubt whether the conditions laid down in column 12 have been
satisfied.
(j) The determination of seeds of Cuscutaspp. by number need not be
carried out unless there is doubt whether the conditions laid down in
column 13 have been satisfied.
(k) The presence of one seed of Cuscuta spp. in a sample of the
prescribed weight shall not be regarded as an impurity where a
second sample of the same weight is free from any seeds of Cuscuta
spp.
(l) The weight of the sample for the determination of seeds of Cuscuta
spp. by number shall be twice the weight specified in column 4 of
Annex III for the relevant species.
(m) The presence of one seed of Cuscuta spp. in a sample of the
prescribed weight shall not be regarded as an impurity where a
second sample of twice the prescribed weight is free from any seeds
ofCuscutaspp.
(n) The determination of seeds of Rumexspp. other than Rumex aceto-
sellaandRumex maritimus by number need not be carried out unless
there is doubt whether the conditions laid down in column 14 have
been satisfied.
(o) The percentage by number of Lupin seeds of another colour shall not
exceed:
— in bitter Lupin, 2%
— in Lupins other than bitter Lupin, 1%
(p) The percentage by number of bitter Lupin seeds in varieties other
than bitter Lupin shall not exceed ►M192,5 %.◄
3. Harmful organisms which reduce the usefulness of the seed shall be at the
lowest possible level.
II. BASIC SEED
Subject to the provisions below, the conditions laid down in Section I of this
Annex shall apply to basic seed:1966L0401 — EN — 11.05.2004 — 009.001 — 28
▼M13
▼M8
▼M19
▼M8
▼M8
1. The seed of Pisum sativum ,Brassica napus var.napobrassica ,Brassica oler-
aceaconv.acephala,Vicia faba ►M16and of varieties of Poa pratensis
referred to in the second part of the third sentence of paragraph 4 of Annex
I◄shall conform to the following standards or other conditions: the
minimum varietal purity shall be 99,7%.
The minimum varietal purity shall be examined mainly in field inspections
carried out in accordance withth e conditions laid down in Annex I.
2. The seed shall satisfy the following standards or other conditions:
A. Table:1966L0401 — EN — 11.05.2004 — 009.001 — 29
SpeciesMaximum content of seed of other plant species
Other standards or
conditions Total
(% by weight)Content by number in a sample of the weight specified in column 4 of Annex III
(total per column)
A single species►M13Rumexspp.
other than Rumex
acetosella andRumex
maritimus ◄Agropyron repensAlopecurus myosur-
oidesMelilotus spp.
12 3 4 5 6 7 8
GRAMINEAE
►M11Agrostis canina ◄ 0,3 20 1 1 1 (j)
Agrostis gigantea 0,3 20 1 1 1 (j)
Agrostis stolonifera 0,3 20 1 1 1 (j)
►M19Agrostis capillaris ◄ 0,3 20 1 1 1 (j)
Alopecurus pratensis 0,3 20 (a) ►M202◄ 5 5 (j)
Arrhenatherum elatius 0,3 20 (a) ►M202◄ 5 5 (i) (j)
Bromus catharticus 0,4 20 5 5 5 (j)
Bromus sitchensis 0,4 20 5 5 5 (j)
Cynodon dactylon 0,3 20 (a) 1 1 1 (j)
Dactylis glomerata 0,3 20 (a) ►M202◄ 5 5 (j)
Festuca arundinacea 0,3 20 (a) ►M202◄ 5 5 (j)
Festuca ovina 0,3 20 (a) ►M202◄ 5 5 (j)
Festuca pratensis 0,3 20 (a) ►M202◄ 5 5 (j)
Festuca rubra 0,3 20 (a) ►M202◄ 5 5 (j)
× Festulolium 0,3 20 (a) 2 5 5 (j)
Lolium multiflorum 0,3 20 (a) ►M202◄ 5 5 (j)
Lolium perenne 0,3 20 (a) ►M202◄ 5 5 (j)
►M19Lolium × boucheanum ◄ 0,3 20 (a) ►M202◄ 5 5 (j)
Phalaris aquatica L. 0,3 20 ►M202◄ 5 5 (j)▼M81966L0401 — EN — 11.05.2004 — 009.001 — 30▼M22
▼M18
▼M8
▼M25
▼M8
▼M18
SpeciesMaximum content of seed of other plant species
Other standards or
conditions Total
(% by weight)Content by number in a sample of the weight specified in column 4 of Annex III
(total per column)
A single species►M13Rumexspp.
other than Rumex
acetosella andRumex
maritimus ◄Agropyron repensAlopecurus myosur-
oidesMelilotus spp.
12 3 4 5 6 7 8
Phleum bertolonii 0,3 20 2 1 1 (j)
Phleum pratense 0,3 20 2 1 1 (j)
Poa annua 0,3 20 (b) 1 1 1 (f) (j)
Poa nemoralis 0,3 20 (b) 1 1 1 (f) (j)
Poa palustris 0,3 20 (b) 1 1 1 (f) (j)
Poa pratensis 0,3 20 (b) 1 1 1 (f) (j)
Poa trivialis 0,3 20 (b) 1 1 1 (f) (j)
Trisetum flavescens 0,3 20 (c) 1 1 1 (i) (j)
LEGUMINOSAE
Hedysarum coronarium 0,3 20 ►M202◄ 0 (e) (j)
Lotus corniculatus 0,3 20 ►M203◄ 0 (e) (g) (j)
Lupinus albus 0,3 20 ►M202◄ 0 (d) (h) (k)
Lupinus angustifolius 0,3 20 ►M202◄ 0 (d) (h) (k)
Lupinus luteus 0,3 20 ►M202◄ 0 (d) (h) (k)
Medicago lupulina 0,3 20 5 0 (e) (j)
Medicago sativa 0,3 20 ►M203◄ 0 (e) (j)
►M11Medicago × varia ◄ 0,3 20 ►M203◄ 0 (e) (j)
►M11Onobrychis viciifolia ◄ 0,3 20 ►M202◄ 0 (d)
►M11Pisum sativum ◄ 0,3 20 ►M202◄ 0 (d)
Trifolium alexandrinum 0,3 20 ►M203◄ 0 (e) (j)
Trifolium hybridum 0,3 20 ►M203◄ 0 (e) (j)
Trifolium incarnatum 0,3 20 ►M203◄ 0 (e) (j)
Trifolium pratense 0,3 20 5 0 (e) (j)
Trifolium repens 0,3 20 5 0 (e) (j)
Trifolium resupinatum 0,3 20 ►M203◄ 0 (e) (j)▼M181966L0401 — EN — 11.05.2004 — 009.001 — 31▼M8
SpeciesMaximum content of seed of other plant species
Other standards or
conditions Total
(% by weight)Content by number in a sample of the weight specified in column 4 of Annex III
(total per column)
A single species►M13Rumexspp.
other than Rumex
acetosella andRumex
maritimus ◄Agropyron repensAlopecurus myosur-
oidesMelilotus spp.
12 3 4 5 6 7 8
Trigonella foenumgraecum 0,3 20 ►M202◄ 0 (d)
►M11Vicia faba ◄ 0,3 20 ►M202◄ 0 (d)
Vicia pannonica 0,3 20 ►M202◄ 0 (d) (h)
Vicia sativa 0,3 20 ►M202◄ 0 (d) (h)
Vicia villosa 0,3 20 ►M202◄ 0 (d) (h)
OTHER SPECIES
Brassica napus var.napobrassica 0,3 20 ►M202◄ (j)
Brassica oleracea convar.acephala (SIC!
acephala var.medullosa + var.viridis)0,3 20 ►M203◄ (j)
Phacelia tanacetifolia 0,3 20
Raphanus sativus ►M19var.
oleiformis ◄0,3 20 ►M202◄▼M81966L0401 — EN — 11.05.2004 — 009.001 — 32▼M22
▼M8
▼M8
B. Standard or other conditions applicable where reference is made to them
in the table under Section II (2) (A) of this Annex:
(a) A maximum total of 80 seeds of Poaspp. shall not be regarded as an
impurity.
(b) The condition laid down in column 3 is not applicable to the seeds of
Poaspp. The maximum total content of seeds of Poaspp other than
the species to be examined shall not exceed one in a sample of 500
seeds.
(c) A maximum total of 20 seeds of Poaspp. shall not be regarded as an
impurity.
(d) The determination of seeds of Melilotus spp. by number need not be
carried out unless there is doubt whether the conditions laid down in
column 7 have been satisfied.
(e) The presence of one seed of Melilotus spp. in a sample of the
prescribed weight shall not be regarded as an impurity where a
second sample of twice the prescribed weight is free from any seeds
ofMelilotus spp.
(f) The condition (c) laid down in Section I (2) of this Annex is not
applicable.
(g) The condition (d) laid down in Section I (2) of this Annex is not
applicable.
(h) The condition (e) laid down in Section I (2) of this Annex is not
applicable.
(i) The condition (f) laid down in Section I (2) of this Annex is not
applicable.
(j) The conditions (k) and (m) laid down in Section I (2) of this Annex
are not applicable.
(k) The percentage by number of bitter Lupin seeds in varieties other
than bitter Lupin shall not exceed 1%.
III. COMMERCIAL SEED
Subject to the provisions below, the conditions laid down in Section I (2) and
(3) of this Annex shall apply to commercial seed:
1. The percentages by weight laid down in columns 5 and 6 of the table under
Section I (2) (A) of this Annex are increased by 1%.
2. InPoa annua a maximum total of 10 % by weight of seeds of other Poa
species shall not be regarded as an impurity.
3. InPoaspp. other than Poa annua a maximum total of 3% by weight of seeds
of other Poaspecies shall not be regarded as an impurity.
4. InHedisarum coronarium a maximum total of 1% by weight of seeds of
Melilotus spp. shall not be regarded as an impurity.
5. The condition (d) laid down in Section I (2) of this Annex for Lotus cornicu-
latusis not applicable.
6. In Lupin species:
(a) the minimum analytical purity shall be 97 % by weight;
(b) the percentage by number of Lupin seeds of another colour shall not
exceed:
— in bitter Lupin, 4%
— in Lupins other than bitter Lupin, 2%
7. InViciaspp. a maximum total of 6% by weight of seeds of Vicia pannonica,
Vicia villosa or related cultivated species in another relevant species shall be
not regarded as an impurity.
8. InVicia pannonica, Vicia sativa, Vicia villosa the minimum analytical purity
shall be 97 % by the weight.1966L0401 — EN — 11.05.2004 — 009.001 — 33
▼M19
▼M8
▼M8
ANNEX III
LOTANDSAMPLEWEIGHTS
SpeciesMaximum
weight of a lot
(tonnes)Minimum
weight of a
sample to be
drawn from a
lot
(grams)Weight of the sample for
the determinations by
number provided for in
columns 12 to 14 ofAnnex II (I) (2) (A) andcolumns 3 to 7 of Annex
II (II) (2) (A)
(grams)
12 3 4
GRAMINEAE
►M11Agrostis canina ◄ 10 50 5
Agrostis gigantea 10 50 5
Agrostis stolonifera 10 50 5
►M19Agrostis capillaris ◄ 10 50 5
Alopecurus pratensis 10 100 30
Arrhenatherum elatius 10 200 80
Bromus catharticus10
200 200
Bromus sitchensis 10 200 200
Cynodon dactylon10
50 5
Dactylis glomerata10
100 30
Festuca arundinacea 10 100 50
Festuca ovina 10 100 30
Festuca pratensis 10 100 50
Festuca rubra 10 100 30
× Festulolium10
200 60
Lolium multiflorum10
200 60
Lolium perenne 10 200 60
►M19Lolium × boucheanum ◄ 10 200 60
Phalaris aquatica L.10
100 50
Phleum bertolonii10
50 10
Phleum pratense 10 50 10
Poa annua 10 50 10
Poa nemoralis 10 50 5
Poa palustris 10 50 5
Poa pratensis 10 50 5
Poa trivialis 10 50 5
Trisetum flavescens 10 50 5
LEGUMINOSAE
Hedysarum coronarium
— fruit 10 1 000 300
— seed 10 400 120
Lotus corniculatus 10 200 30
Lupinus albus ►M2625◄ 1 000 1 000
Lupinus angustifolius ►M2625◄ 1 000 1 000
Lupinus luteus ►M2625◄ 1 000 1 000
Medicago lupulina 10 300 50
Medicago sativa 10 300 50
►M11Medicago × varia ◄ 10 300 501966L0401 — EN — 11.05.2004 — 009.001 — 34
▼M22
▼M18
▼M8
▼M25
▼M8
▼M18
▼M8
▼M8
SpeciesMaximum
weight of a lot
(tonnes)Minimum
weight of a
sample to be
drawn from a
lot
(grams)Weight of the sample for
the determinations bynumber provided for incolumns 12 to 14 ofAnnex II (I) (2) (A) and
columns 3 to 7 of Annex
II (II) (2) (A)
(grams)
12 3 4
►M11Onobrychis viciifolia ◄:
— fruit 10 600 600
— seed 10 400 400►
M11Pisum sativum ◄► M2625◄ 1 000 1 000
Trifolium alexandrinum 10 400 60
Trifolium hybridum 10 200 20
Trifolium incarnatum 10 500 80
Trifolium pratense 10 300 50
Trifolium repens 10 200 20
Trifolium resupinatum 10 200 20
Trigonella foenumgraecum 10 500 450
►M11Vicia faba ◄► M2625◄ 1 000 1 000
Vicia pannonica 20 1 000 1 000
Vicia sativa ►M2625◄ 1 000 1 000
Vicia villosa 20 1 000 1 000
OTHER SPECIES
Brassica napus var. napobrassica 10 200 100
Brassica oleracea convar. acephala 10 200 100
Phacelia tanacetifolia10
300 40
Raphanus sativus var. oleiformis10
300 300
The maximum lot weight shall not be exceeded by more than 5%.1966L0401 — EN — 11.05.2004 — 009.001 — 35
▼M22
▼M19
▼M6
ANNEX IV
MARKING
A.Officiallabel
I.Information required
(a) For basic seed and certified seed:
1. ‘►M27EC◄rules and standards’,
2. Certification authority and Member State or their
initials,
3. Reference number of lot,
3. (a) (SIC! 3a.) Monthand year of sealing expressed th us: ‘sealed
…’ (monthand year),
ormonth and year of the last official sampling for the
purposes of certification expressed thus: ‘sampled
…’ (monthand year),
4. Species, ►
M22indicated at least under its bota-
nical name, which may be given in abridged form
and without the authorities' names, in roman
characters. ◄
In the case of x Festulolium the names of the
species within the genus FestucaandLoliumshall
be indicated
5. Variety ►M22indicated at least in roman
characters. ◄
6. Category,7. Country of production,8. Declared net or gross weight or declared number of
pure seeds,
9. Where weight is indicated and granulated pesticides,
pelleting substances or other solid additives are
used, the nature of the additive and also the approx-
imate ratio between the weight of pure seeds and the
total weight,
10. For certified seed of the second generation and
subsequent generations after basic seed: number of
generations after basic seed,
11. For seed of grass varieties which have not been
subjected to tests for their cropping value and use
in accordance withArticle 4 (2) (a) of Council
Directive No 70/457/EEC (
1) of 29 September 1970
concerning the common catalogue of species of
agricultural plants: ‘Not intended for the production
of fodder plants’,
12. Where at least germination has been retested, the
words ‘retested … (monthand year)’ and th e service
responsible for suchretesting may be indicated.
Suchinformation may be given on an official sticker
attached to the official label.
In accordance withth e procedure laid down in Article 21, Member
States may be released from the requirement to indicate the botanical
name in respect of individual species and, where appropriate, for
limited periods where it has been established that the disadvantages1966L0401 — EN — 11.05.2004 — 009.001 — 36
(1) OJ No L 225, 12. 10. 1970, p. 1.▼M9
▼M6
▼M32
▼M6
▼M7
▼M22
▼M22
of its implementation outweigh the advantages expected for the
marketing of seed.
(b) For commercial seed:
1. ‘►M27EC◄rules and standards’,
2. ‘Commercial seed (not certified as to variety)’,
3. Supervising authority and Member State or their initials,4. Reference number of lot,
4a. Monthand year of sealing expressed th us: ‘sealed …’ (month
and year),
or
month and year of the last official sampling for the purposes of
certification expressed thus: ‘sampled …’ (month and year),
5. Species (
1)►M22indicated at least under its botanical name,
which may be given in abridged form and without the authorities'
names, in roman characters. ◄
6. Area of production,
7. Declared net or gross weight or declared number of pure seeds,
8. Where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the
additive and also the approximate ratio between the weight of
pure seed and the total weight,
9. Where at least germination has been retested, the words ‘retested
… (monthand year)’; and th e service responsible for such
retesting may be indicated. Suchinformation may be given on
an official sticker attached to the official label.
In accordance withth e procedure laid down in Article 21, Member
States may be released from the requirement to indicate the botanical
name in respect of individual species and, where appropriate, for
limited periods where it has been established that the disadvantages
of its implementation outweigh the advantages expected for the
marketing of seed.
(c) For mixtures of seed:
1. ‘Mixture of seed for …’ (intended use),
2. Authority responsible for sealing and Member State
or their initials,
3. Reference number of lot,
3. (a) (SIC! 3a.) Monthand year of sealing expressed th us: ‘sealed
…’ (monthand year),
4. Percentage by weight of the various components
shown by species and, where appropriate, by variety
►M22bothindicated at least in roman
characters ◄; it is sufficient to give the name of
the mixture if the percentage by weight has been
notified in writing to the purchaser and officially
recorded,
In the case of x Festulolium the names of the
species within the genus FestucaandLoliumshall
be indicated,
5. Declared net or gross weight or declared number of
pure seeds,
6. Where weight is indicated and granulated pesticides,
pelleting substances or other solid additives are1966L0401 — EN — 11.05.2004 — 009.001 — 37
(1) For lupins, it should he specified whether they are bitter or sweet lupins.▼M6
▼M9
▼M6
▼M7
▼M22
▼M6
▼M9
▼M6
▼M32
▼M6
▼M6
used, the nature of the additive and also the approx-
imate ratio between the weight of pure seed and the
total weight,
7. Where at least germination of all the components of
the mixture has been retested, the words ‘retested …
(monthand year)’ and th e service responsible for
suchretesting may be indicated. Suchinformation
may be given on an official sticker attached to the
official label label (SIC! official label).
II.Minimum dimensions
110 × 67 mm.
B.Supplier's label or information on the packaging (small ►M27 EC ◄
package)
Information required
(a) Certified seed:
1. ‘Small ►M27EC◄B package’,
2. Name and address of the supplier responsible for marking or his
identification mark,
3. Officially assigned serial number,
4. Service which assigned the serial number and name of Member
State or their initials,
5. Reference number if the official serial number does not enable the
certified seed lot to be identified,
6. Species ►M22indicated at least in roman characters, ◄
7. Variety ►M22indicated at least in roman characters, ◄
8.►M29‘category’ ◄,
9. Net or gross weight or number of pure seeds,
10. Where weight is indicated and granulated pesticides, pelleting
substances, or other solid additives are used, the nature of the addi-
tive and also the approximate ratio between the weight of pure seed
and the total weight,
11. For seed of grass varieties which have not been subjected to tests for
their cropping value and use in accordance with Article 4 (2) (a) of
Council Directive No 70/457/EEC of 29 September 1970 concerning
the common catalogue of species of agricultural plants: ‘not
intended for the production of fodder plants’.
(b) Commercial seed:
1. ‘Small ►M27EC◄B package’,
2. Name and address of the supplier responsible for marking or his iden-
tification mark,
3. Officially assigned serial number,4. Service which assigned the serial number and name of Member State
or their initials,
5. Reference number if the official serial number does not enable the
admitted seed lot to be identified,
6. Species (
1)►M22indicated at least in roman characters, ◄
7. ‘Commercial seed’8. Net weight or gross weight or number of pure seeds,
9. Where weight is indicated and granulated pesticides, pelleting
substances, or other solid additives are used, the nature of the addi-
tive and also the approximate ratio between the weight of pure seeds
and the total weight.
(c) Seed mixtures:
1. ‘Small ►
M27EC◄A package’ or ‘small ►M27EC◄B
package’,1966L0401 — EN — 11.05.2004 — 009.001 — 38
(1) For lupins, it should be specified whether they are bitter or sweet lupins.▼M7
▼M6
▼M6
2. Name and address of the supplier responsible for marking or his
identification mark,
3. Small ►M27EC◄B package: officially assigned serial number,
4. Small ►M27EC◄B package: service which assigned the serial
number and name of Member State or their initials,
5. Small ►M27EC◄B package: reference number if the official
serial number does not enable the used seed lots to be identified,
6. Small ►M27EC◄A package: reference number enabling the
used seed lots to be identified,
7. Small ►M27EC◄A package: Member State or its initials,
8. ‘Seed-mixture for … (intended use)’,
9. Net weight or gross weight or number of pure seeds,
10. Where weight is indicated and granulated pesticides, pelleting
substances, or other solid additives are used, the nature of the addi-
tives and also the approximate ratio between the weight of pure seed
and the total weight,
11. Percentage by weight of the various components shown by species
and, where appropriate, by variety ►M22bothindicated at least
in roman characters ◄; it is sufficient to give part of this informa-
tion, as Member States may prescribe for small packages produced
in their territory, and a reference to the kind of mixture if the
proportion by weight can be communicated to the purchaser on
request and has been officially recorded.1966L0401 — EN — 11.05.2004 — 009.001 — 39
▼M22
ANNEX V
Label and document provided in the case of seed not finally certified,
harvestedinanotherMember State
A.Information required for the label
— authority responsible for field inspection and Member States or their
initials,
— species, indicated at least under its botanical name, which may be given
in abridged form and without the authorities' names, in roman characters,
— variety, indicated at least in roman characters,— category,
— field or lot reference number,
— declared net or gross weight,— the words ‘seed not finally certified’.
In accordance withth e procedure laid down in Article 21, Member States
may be released from the requirement to indicate the botanical name in
respect of individual species and, where appropriate, for limited periods
where it has been established that the disadvantages of its implementation
outweigh the advantages expected for the marketing of seed.
B.Colour of the label
The label shall be grey.
C.Information required for the document
— authority issuing the document,
— species, indicated at least under its botanical name, which may be given
in abridged form and without the authorities (SIC! authorities') names, in
roman characters,
— variety, indicated at least in roman characters,— category,
— reference number of the seed used to sow the field and name of the
country or countries which certified that seed,
— field or lot reference number,— area cultivated for the production of the lot covered by the document,— quantity of seed harvested and number of packages,— number of generations after basic seed, in the case of certified seed,
— attestation that the conditions to be satisfied by the crop from which the
seed comes have been fulfilled,
— where appropriate, results of a preliminary seed analysis.1966L0401 — EN — 11.05.2004 — 009.001 — 40