Council Directive of 30 June 1969 on the marketing of seed of oil fibre plants

Council Directive No 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (OJ No L 169, 10. 7. 1969, p. 3) and the amendments arising out of the Acts set out below:

1. Directive No 71/162/EEC (OJ No L 87, 17. 4. 1971, p. 24);

2. Directive No 72/274/EEC (OJ No L 171, 29. 7. 1972, p. 37);

3. Directive No 72/418/EEC (OJ No L 287, 26. 12. 1972, p. 22);

4. Act of Accession (OJ, Special Edition, 27. 3. 1972, p. 14) and the Council Decision of 1 January 1973 adjusting the documents concerning the Accession of new Member States to the European Communities (OJ No L 2, 1. 1. 1973, p. 1);

5. Directive No 73/438/EEC (OJ No L 356, 27. 12. 1973, p. 79);

are hereby coordinated.

This coordination is without legal status. Hence, the preamble has been omitted.

The numbers in brackets at certain articles correspond to the above numbering and refer to the last amendment of the basic Act.

Council Directive

of 30 June 1969

on the marketing of seed of oil and fibre plants

(1974/C 66/02)

Article 1

This Directive shall apply to seed of oil and fibre plants marketed within the Community and intended for agricultural production but excluding use for ornamental purposes.

Article 2 (1)(5)

1. For the purposes of this Directive, the following definitions shall apply:

A. Oil and fibre plants: plants of the following genera and species:

Arachis hypogaea L. | Groundnut (peanut) |

Brassica campestris L. ssp. oleifera (Metzg.) Sinsk. | Turnip rape |

Brassica juncea L. | Brown mustard |

Brassica napus L. ssp. oleifera (Metzg.) Sinsk. | Swede rape |

Brassica nigra (L.) W. Koch | Black mustard |

Cannabis sativa L. | Hemp |

Carum carvi L. | Caraway |

Gossypium sp. | Cotton |

Helianthus annuus L. | Sunflower |

Linus usitatissimum L. | Flax, linseed |

Papaver somniferum L. | Opium poppy |

Sinapis alba L. | White mustard |

Glycine max (L.) Merrill | Soya bean |

B. Basic seed: seed

(a) which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) which is intended for the production of seed either of the category "certified seed" or of the categories "certified seed, first generation" or "certified seed, second generation" or, where appropriate, "certified seed, third generation";

(c) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and which 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.

C. Certified seed (turnip rape, brown mustard, swede rape, dioecious hemp, black mustard, caraway, cotton, sunflower, opium poppy, white mustard): seed

(a) which has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed and which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

(b) which is intended for purposes other than the production of seed of oil or fibre plants;

(c) which, subject to the provisions 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.

D. Certified seed, first generation (groundnut, monoecious hemp, flax, linseed, soya): seed

(a) which has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

(b) which is intended either for the production of seed of the category "certified seed, second generation" or for purposes other than the production of seed of oil or fibre plants or, where appropriate, of the category "certified seed, third generation";

(c) which 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.

E. Certified seed, second generation (groundnut, flax, linseed, soya): seed

(a) which has been produced directly from basic seed, from certified seed of the first generation or, if the breeder so requests, from seed of a generation prior to basic seed and which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

(b) which is intended for purposes other than the production of seed of oil or fibre plants or, where appropriate, which is intended for the production of seed of the category "certified seed, third generation";

(c) which 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.

Ea. Certified seed, second generation monoecious hemp): seed

(a) which has been produced directly from certified seed of the first generation which has been established and officially controlled with a special view to the production of certified seed of the second generation;

(b) which is intended for the production of hemp to be harvested in flower;

(c) which 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.

F. Certified seed, third generation (flax, linseed): seed

(a) which has been produced directly from basic seed, from certified seed of the first or second generation or, if the breeder so requests, from seed of a generation prior to basic seed and which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

(b) which is intended for purposes other than the production of seed of oil or fibre plants;

(c) which 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.

G. 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.

H. 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 such measures.

2. Member States may:

(a) during a transitional period of not more than three years after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, and by way of derogation from paragraph 1 (C), (D), (E), and (F), certify as certified seed, seed produced directly from seed officially controlled in a Member State in accordance with the scheme in operation at that time and which affords the same assurances as basic seed certified in accordance with the principles of this Directive; this provision shall apply correspondingly to the certified seed of the first or, where appropriate, second generation referred to in paragraph 1 (E) and (F); [1]

(b) in the case of flax seed, include several generations in the basic seed category and subdivide this category by generation;

(c) during a transitional period which shall not extend beyond 30 June 1978, authorize, in the case of flax seed, the marketing of certified seed of the third generation. In order to remove any difficulties in obtaining supplies of flax seed that occur in a Member State, the Council, acting on a proposal from the Commission, may extend that period;

(d) provide that official examinations to check compliance with the condition laid down in Annex II (I) (3) (d) for Brassica napus oleifera shall not be carried out on all lots during certification unless there is doubt whether that condition has been satisfied.

Article 3

1. The Member States shall provide that seed of:

Brassica campestris L. ssp. oleifera (Metzg.) Sinsk.

Brassica napus L. ssp. oleifera (Metzg.) Sinsk.

Cannabis sativa L;

Carum carvi L.

Gossypium spec.

Helianthus annuus L.

Linum usitatissimum L. partim-flax,

may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed" and unless it satisfies the conditions laid down in Annex II.

2. The Member States shall provide that seed of oil and fibre plant species other than those listed in paragraph 1 may not be placed on the market unless the seed has been officially certified as "basic seed" or "certified seed", or is commercial seed, and unless the seed also satisfies the conditions laid down in Annex II.

3. It may be provided, under the procedure laid down in Article 20, that after specified dates seed of oil and fibre plant species other than those listed in paragraph 1 may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".

4. The Member States shall ensure that official examinations are carried out in accordance with current international methods, in so far as such methods exist.

5. Member States may provide for derogations from the provisions of paragraphs 1 and 2:

(a) for bred seed of generations prior to basic seed;

(b) for tests or for scientific purposes;

(c) for selection work;

(d) for seed as grown, marketed for processing, provided that the identity of the seed is ensured.

Article 4

Member States may, however, by way of derogation from the provisions of Article 3:

(a) authorize the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex II in respect of germination; to this end all necessary measures shall be taken to ensure that the supplier guarantees a specific germination which he shall state for marketing purposes on a special label bearing his name and address and the reference number of the seed lot;

(b) in order to make seed rapidly available, notwithstanding the fact that official examination to check compliance with the conditions laid down in Annex II in respect of germination has not been concluded, 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" of all categories or "commercial seed". Certification or approval shall be granted only on presentation of a provisional analytical report on the seed and provided that the name and address of the first recipient are given; all necessary measures shall be taken to ensure that the supplier guarantees the germination ascertained at the provisional analysis; this germination shall be stated for marketing purposes on a special label bearing the name and address of the supplier and the reference number of the lot.

These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 14 in respect of multiplication outside the Community.

Article 5

Member States may, as regards the conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification and for the examination of commercial seed produced in their own territory.

Article 6 (1)

The Member States shall provide that the description of genealogical 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 control procedures of varieties, the examination of seed for certification and the examination of commercial seed, samples are drawn under official supervision in accordance with appropriate 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 sample are given in Annex III.

Article 8

1. The Member States shall require that basic seed, certified seed of all categories and commercial seed be marketed only in sufficiently homogeneous lots and in sealed packages bearing, as prescribed in Articles 9 and 10, 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 paragraph 1 in respect of packaging, sealing and marking.

Article 9

1. The Member States shall require that packages of basic seed, certified seed of all categories and commercial seed be officially sealed in such a manner that when the package is opened the sealing device is damaged and cannot be re-attached.

2. Packages which have been officially sealed shall not be resealed, whether one or more times, except officially. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1).

Article 10 (1) (3)

1. The Member States shall require that packages of basic seed, certified seed of all categories and commercial seed:

(a) be labelled on the outside with an official label in one of the official languages of the Community conforming to the specification in Annex IV; it shall be attached with the official sealing device; the colour of the label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations after basic seed and brown for commercial seed; the use of adhesive labels shall be authorized; these may be used as official sealing devices; if, as envisaged in Article 4 (a), the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label;

(b) contain an official document, in the same colour as the label, giving the same information as that required under Annex IV (A) (a) (4), (5) and (6) for the label and, in the case of commercial seed, the information required under (b) (2), (5) and (6); this document is not necessary if the information is printed indelibly on the package or if an adhesive label is used in accordance with the provisions laid down under (a).

2. Member States may in the case of small packages provide for derogations from the provisions of paragraph 1.

3. This Directive shall not affect the right of Member States to require that seed of oil and fibre plants which is shown to be intended for purposes other than agricultural production may not be placed on the market unless this fact is stated on the label.

Article 11

This Directive shall not affect the right of Member States to require that, in cases other than those provided for in Article 4, packages of basic seed, certified seed of all categories or commercial seed, whether the seed has been produced in their own territory or imported, must, if the seed is to be marketed within their territory, bear a supplier's label.

Article 12

The Member States shall require that any chemical treatment of basic seed, certified seed of all categories or commercial seed be noted either on the official label or on the supplier's label and on the package or inside it.

Article 13 (3)

1. The Member States shall ensure that basic seed and certified seed of all categories which have been officially certified and whose packages have been officially marked and sealed as prescribed in this Directive, and commercial seed whose packages have been officially marked and sealed as prescribed in this Directive, are subject to no marketing restrictions as regards their characteristics, examination arrangements, marking and sealing other than those laid down in this Directive.

2. Member States may:

(a) where no measures have been taken by the Commission under Article 3 (3) and entered into force, provide that after specified dates seed of oil and fibre plant species other than those listed in Article 3 (1) may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed";

(b) adopt provisions concerning the maximum moisture content accepted for marketing;

(c) restrict the marketing of certified seed of oil and fibre plants to that of the first generation and, in the case of flax, to that of the first or second generation after basic seed;

(d) until such time as a common catalogue of varieties can be introduced, restrict the marketing of seed of oil and fibre plants to those varieties which are entered in a national list based on value for cropping and use in their territory; the conditions for inclusion in this list shall be the same for varieties coming from other Member States as for domestic varieties.

3. Member States which have provided for exemptions in accordance with the provisions of Article 3 (5) (a) shall ensure that bred seed of generations prior to basic seed are subject to no marketing restrictions on account of their characteristics, examination arrangements, marking and sealing,

(a) if it has been officially controlled by the competent certification authority, in accordance with the provisions applicable for the certification of basic seed;

(b) if it is packed in accordance with the provisions of this Directive; and

(c) if its packages bear an official label giving at least the following particulars:

- certification authority and Member State or their distinguishing abbreviation,

- lot reference number,

- species,

- variety,

- the description "pre-basic seed",

- the number of generations preceding seed of the categories "certified seed" or "certified seed of the first generation".

The label shall be white with a diagonal violet line.

Article 14

1. The Member States shall provide that seed of oil and fibre plants produced directly from basic seed certified in one Member State and harvested in another Member State or in a third country may be certified in the State which produced the basic seed if that seed has undergone field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in Annex II for certified seed are satisfied.

2. Member States may provide that paragraph 1 apply also to seed of oil and fibre plants which is produced directly from certified seed certified in one Member State and harvested in another Member State or in a third country.

3. Paragraph 1 shall apply in like manner to the certification of certified seed which is produced directly from seed of a generation prior to basic seed and which can satisfy and is shown by official examination to satisfy the conditions laid down in Annexes I and II for basic seed.

Article 15 (1)(2)(5)

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 14, the field inspections in the third country satisfy the con ditions laid down in Annex I;

(b) seed of oil and fibre plants which has been harvested in a third country and affords the same assurances as regards its characters and the arrangements for its examination, for ensuring identity, for marking and for control is equivalent in these respects to basic seed, certified seed, certified seed of the first, second or third generation 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, in so far as the Council has not yet taken a decision with regard to that country within the framework of this Directive. This right shall expire on 1 July 1975.

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 is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.

Article 16 (3)

1. In order to remove any temporary difficulties in the general supply of basic seed or certified seed of any kind or commercial seed that occur in one or more Member States and cannot be overcome within the Community, one or more Member States may be authorized, according to the procedure laid down in Article 20, to permit, for a specified period, the marketing of seed of a category subject to less stringent requirements, or of seed of varieties not included in the "Common Catalogue of Varieties of Agricultural Plant Species" or in their national cata logues of varieties.

2. For a category of seed of any given variety, the official label shall be that provided for the corre sponding variety; in all other cases the colour shall be that provided for commercial seed. The label shall always state that the seed in question is of a category satisfying less stringent requirements.

Article 17

The Directive shall not apply to seed of oil and fibre plants which is shown to be intended for export to third countries.

Article 18 {3)

1. The Member States shall make suitable arrangements for seed of oil and fibre plants to be officially controlled during marketing, at least by check sampling, as regards its compliance with the requirements of this Directive.

2. The Member States shall take all necessary measures to ensure that the following particulars are presented during the marketing of quantities exceeding 2 kg of seed coming from another Member State or from a third country:

(a) species,

(b) variety,

(c) category,

(d) country of production and official control authority,

(c) country of dispatch,

(f) importer,

(g) quantity of seed.

The manner in which these particulars must be presented may be determined in accordance with the procedure laid down in Article 20.

Article 19 (1)

1. Community comparative tests shall be carried out within the Community for the post-control of samples of basic seed, with the exception of that of hybrid or synthetic varieties, and of certified seed of all kinds of oil and fibre plants, taken during check sampling. Satisfaction of the conditions with which the seed must comply may be checked during the post-control tests. The arrangements for holding the tests and their results shall be submitted to the Committee referred to in Article 20.

2. These comparative tests shall, during a first stage, be used to harmonize the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the comparative tests and sent in confidence to the Member States and to the Commission. The date for the first report shall be set in accordance with the procedure laid down in Article 20.

3. The arrangements for carrying out the comparative checks shall be adopted in accordance with the procedure laid down in Article 20. Seed of oil and fibre plants which has been harvested in third countries may be included in the comparative tests.

Article 20 (4)

1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966.

2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.

3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its Opinion on such measures within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be adopted by a majority of forty-one votes.

4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the Opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.

The Council, acting by a qualified majority, may take a different decision within one month.

Article 20a (5)

Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 20.

Article 21

Save as otherwise provided in Annex II in respect of the presence of diseases, harmful organisms and their vectors, this Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.

Article 22

Upon application by a Member State, which will be dealt with as provided in Article 20, that State may be wholly or partially released from the obligation to apply this Directive in respect of certain species if seed of those species is not normally reproduced or marketed in its territory.

Article 23 [2]

The Member States shall, not later than 1 July 1970, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

Article 24

This Directive is addressed to the Member States.

[1] Provisions identical in substance to those of Article 2 (2) (a) shall apply to the new Member States up to 30 June 1976

[2] 1 July 1970 was the date fixed in Directive No 69/208/EEC. The amendments to that Directive have been or shall be the subject or national measures of application within the following time limits:Member States of the Community as originally constituted:New Member States:4.The legislative, regulatory and administrative provisions, amended in accordance with the Directive in question shall be applicable:from 1 July 1973, in Ireland and the United Kingdom, as regards the provisions necessary to comply with the provisions of Article 13 (1);from 1 July 1974 at the latest as to the provisions relating to basic seed;from 1 July 1976 as regards the remaining provisions.Member States of the enlarged Community:

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ANNEX I (1)

CONDITIONS FOR CROP CERTIFICATION

1. The crop shall have sufficient identity and varietal purity.

2. There shall be at least one official field inspection.

3. The cultural condition of the field and the stage of development of the crop shall be such as to permit identity and varietal purity to be adequately checked.

4. The field shall not have had previous cropping of a kind incompatible with the production of seed of the species and variety of the crop.

5. The minimum distances from neighbouring crops of:

| Basic seed | Certified seed |

Turnip rape, brown mustard, swede rape, black mustard, hemp, cotton, sunflower, white mustard and caraway from crops of other varieties or species liable to cross-pollinate with the seed crop shall be | 400 m | 200 m |

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

6. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.

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ANNEX II (1) (5)

CONDITIONS TO THE SATISFIED BY THE SEED

I. Certified seed:

1. The seed shall have sufficient identity and varietal purity.

2. The seed shall also conform to the following:

A. Standards:

| Minimum varietal purity (%) | Minimum germination (% of pure seed) | Minimal analytical purity (% by weight) | Maximum content of seeds of other plant species (% by weight) |

1 | 2 | 3 | 4 | 5 |

Arachis hypogaea: | | | | |

(a)basic seed | 98 | 70 | 99 | 0,1 |

(b)certified feed | 95 | 70 | 99 | 0,1 |

Brassica species except summer types | | 85 | 98 | 0,2 |

Brassica species, summer types | | 85 | 98 | 0,3 |

Cannabis sativa | | 75 | 98 | 0,2 |

Carum carvi: | | | | |

(a)basic seed | 99 | 70 | 97 | 0,1 |

(b)certified seed | 98 | 70 | 97 | 0,1 |

Gossypium sp. | | 80 | 98 | 0,2 |

Helianthus annuus | | 85 | 98 | 0,2 |

Linum usitatissimum | | | | |

Flax: | | | | |

(a)basic seed | 99,7 | 92 | 99 | 0,1 |

(b)certified seed, first generation | 98 | 92 | 99 | 0,1 |

(c)certified seed, second generation | 97,5 | 92 | 99 | 0,1 |

Linseed: | | | | |

(a)basic seed | 99,7 | 85 | 99 | 0,1 |

(b)certified seed, first generation | 98 | 85 | 99 | 0,1 |

(c)certified seed, second generation | 97,5 | 85 | 99 | 0,1 |

Papaver somniferum: | | | | |

(a)basic seed | 99 | 80 | 98 | 0,1 |

(b)certified seed | 98 | 80 | 98 | 0,1 |

Sinapis alba | | 85 | 98 | 0,3 |

Glycine max (L.) Merrill: | | | | |

(a)basic seed | 97 | 80 | 98 | 0,1 |

(b)certified seed | 95 | 80 | 98 | 0,1 |

Satisfaction of the conditions in respect of minimum varietal purity shall be checked mainly in the field.

B. Notes:

(a) The seed of all species shall be free from Avena fatua and Cuscuta; however, one seed of Avena fatua or Cuscuta in a 100-gramme sample shall not be regarded as an impurity if a second sample of 200 grammes is free from Avena fatua and Cuscuta.

(b) In the case of Brassica campestris ssp. oleifera, Brassica napus ssp. oleifera, Brassica nigra, Brassica juncea and Sinapis alba, not more than one seed of Raphamus raphanistrum shall be present in a 10-gramme sample.

(c) In the case of Brassica compestris ssp. oleifera, Brassica napus ssp. oleifera, Brassica nigra, Brassica juncea and Sinapis alba, the percentage by weight of seeds of Sinapis arvensis shall not exceed 0,2.

(d) The number of weed seeds in a 500-gramme sample of Linum usitatissium seed shall not exceed 35, of which the total number of seeds of Alopecurus myosuroides and Lolium remotum shall not exceed 20.

(e) Cannabis sativa seed must be free from orobanche; however, one seed of orobanche in a 100-gramme sample shall not be regarded as an impurity if a second sample of 200 grammes is free from orobanche.

3. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

(a) In the case of Cannabis sativa, Linum usitatissium and Helianthus annuus, the number of seeds contaminated by Botrytis shall not exceed 5 %.

(b) In the case of Linum usitatissium, the number of seeds contaminated by diseases other than Botrytis, and in particular by Ascochyta linicola, Colletotrichum lini and Fusarium spec shall not exceed 5 %.

(c) In the case of Gossypium, the number of seeds contaminated by Platyedra gossypiella shall not exceed 1 %.

(d) In the case of Helianthus annuus and Brassica napus oleifera the percentage by weight of sclerotia of Sclerotinia sclerotiorum shall not exceed 0,1 %.

II. Commercial seed:

With the exception of item 2 (A), column 2, the conditions laid down in Annex II (I) shall apply to commercial seed.

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ANNEX III

| Maximum weight of a lot | Minimum weight of a sample |

1.Seeds of a size not less than that of a grain of wheat | 20 metric tons | 500 grammes |

2.Seeds of a size smaller than a grain of wheat: | | |

(a)flax seed | 10 metric tons | 1000 grammes |

(b)other seed | 10 metric tons | 300 grammes |

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ANNEX IV

LABEL

A. Required information:

(a) For basic seed and certified seed:

1. "EEC rules and standards".

2. Certification authority and Member State or their initials.

3. Month and year of official sealing.

4. Reference number of lot.

5. Species.

6. Variety.

7. Category.

8. Country of production.

9. Declared net or gross weight.

(b) For commercial seed:

1. "EEC rules and standards".

2. "Commercial seed (not certified as to variety)".

3. Certification authority and Member State or their initials.

4. Month and year of official sealing.

5. Reference number of lot.

6. Species.

7. Region of production.

8. Declared net or gross weight.

B. Minimum dimensions:

110 × 67 mm.

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