EN Official Journal of the European Union L 166/40

COMMISSION DIRECTIVE 2009/74/EC

of 26 June 2009

amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Articles 2(1a) and 21a thereof,

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (2), and in particular Articles 2(1a) and 21a thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (3), and in particular Article 45 thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (4), and in particular Articles 2(2) and 24 thereof,

Whereas:

(1) In the light of the development of scientific knowledge, the International Code of Botanical Nomenclature (ICBN) has been revised with respect to certain botanical names of cultivated species and of weeds. Similarly, international practice as regards the scientific names of certain organisms has evolved. In order to reflect those scientific developments, Directives 66/401/EEC, 66/402/EEC and 2002/57/EC should be adapted as regards the botanical names of the cultivated species set out in Article 1(2) of this Directive, Article 2(2) thereof and Article 4(2) thereof and of the weeds, Agropyron repens (L.) Desv. ex Nevski and Avena ludoviciana (Durieu) Nyman and the scientific names: Alternaria spp., Ascochyta linicola, Phoma linicola. Moreover some taxonomic groups of plants formerly considered as subspecies of a given species have been identified as independent species. Directives 66/401/EEC and 66/402/EEC should be amended in order to take into account those new classifications.

(2) The conditions for seed production, field inspection, sampling and testing provided for in Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC are based on internationally accepted standards, as established by the International Seed Testing Association (ISTA) and the Organisation for Economic Cooperation and Development (OECD).

(3) The ISTA has revised its standards in respect of the maximum weights of seed lots of Arachis hypogaea L., Glycine max (L.) Merr., Lupinus albus L., Lupinus angustifolius L., Lupinus luteus L., Phaseolus coccineus L., Phaseolus vulgaris L., Pisum sativum L., Sorghum bicolor (L.) Moench, Sorghum bicolor (L.) Moench x S. sudanense (Piper) Stapf, Vicia faba L., Vicia pannonica Crantz, Vicia sativa L., Vicia villosa Roth. Consequently, it is appropriate to align the maximum weights of seed lots, as laid down for those species in Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC, with those international standards.

(4) The maximum content of seed of Raphanus raphanistrum L. and Sinapis arvensis L. in seed of Galega orientalis Lam., as laid down in Directive 66/401/EEC, should be adapted in accordance with the relevant standards established by the OECD.

(5) The OECD revised its standards in respect of the isolation distances for cotton seed crops. Consequently, it is appropriate to align the isolation distances for cotton seed crops, as laid down in Directive 2002/57/EC, with those international standards.

(6) The experience gained, in particular, in the context of the application of Commission Regulation (EC) No 217/2006 of 8 February 2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of minimum germination (5), has shown that the minimum germination percentages of pure seed required by Directives 66/402/EEC and 2002/55/EC as regards Avena nuda L., Zea mays L., as super-sweet corn and Hordeum vulgare L., as naked barley do not allow a sufficient availability of seed of those species. In the light of technical knowledge, it is therefore appropriate to reduce the minimum germination requirements of Directives 66/402/EEC and 2002/55/EC.

(7) Considering the numerous changes required in Annexes II and III to Directive 66/401/EEC, Annexes I, II and III to Directive 66/402/EEC, Annexes II and III to Directive 2002/55/EC and Annexes I, II and III to Directive 2002/57/EC as a result of these amendments, it is appropriate to replace those Annexes.

(8) Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC should therefore be amended accordingly.

(9) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 66/401/EEC

Directive 66/401/EEC is amended as follows:

1. Article 2(1)(A) is amended as follows: (a) Point (a) is amended as follows: (i) in the title, the word ‘Gramineae’, is replaced by the words ‘Poaceae (Gramineae)’; (ii) in the entry starting with ‘Agrostis gigantea’, the words ‘Agrostis gigantea’ are replaced by the words ‘Agrostis gigantea Roth’; (iii) in the entry starting with ‘Arrhenatherum elatius’, the words ‘Arrhenatherum elatius (L.) P. Beauv. ex J. S et K.B Presl.’ are replaced by the words ‘Arrhenatherum elatius (L.) P. Beauv. ex J. Presl & C. Presl’; (iv) after the entry starting with ‘Festuca arundinacea’, the following entry is inserted: ‘Festuca filiformis Pourr.- Fine leaved sheep’s fescue’; (v) in the entry starting with ‘Festuca pratensis’, the words ‘Festuca pratensis Hudson’ are replaced by the words ‘Festuca pratensis Huds.’; (vi) after the entry starting with ‘Festuca rubra’, the following entry is inserted: ‘Festuca trachyphylla (Hack.) Krajina — Hard fescue’; (vii) in the entry starting with ‘Phleum bertolonii’, the words ‘Phleum bertolonii DC — Timothy’ are replaced by the words ‘Phleum nodosum L. — Small timothy’; (viii) the entry starting with ‘Festuca spp. x Lolium spp.’ is replaced by the following: ‘xFestulolium Asch. & Graebn. — Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium’. (b) Point (b) is amended as follows: (i) in the title, the word ‘Leguminosae’, is replaced by the words ‘Fabaceae (Leguminosae)’; (ii) in the entry starting with ‘Lupinus angustifolius’ the words ‘Lupinus angustifolius L. — Blue lupin’ are replaced by the words ‘Lupinus angustifolius L. — Narrow leaved lupin’; (iii) in the entry starting with ‘Medicago x varia’ the words ‘Medicago x varia T. Martyn — Lucerne’ are replaced by the words ‘Medicago x varia T. Martyn — Sand lucerne’;

2. Annexes II and III to Directive 66/401/EEC are amended in accordance with part A of the Annex to this Directive.

Article 2

Amendments to Directive 66/402/EEC

Directive 66/402/EEC is amended as follows:

1. Article 2(1)(A) is amended as follows: (a) the entry starting with ‘Avena sativa’ is replaced by the following entries: ‘Avena nuda L. — Small naked oat, Hulless oat. Avena sativa L. (includes A. byzantina K. Koch) — Oats and Red oat; Avena strigosa Schreb. — Black oat, Bristle oat’; (b) the entry starting with ‘x Triticosecale’ is replaced by the following: ‘xTriticosecale Wittm. ex A. Camus — hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale’; (c) in the entry starting with ‘Triticum aestivum’, the words ‘Triticum aestivum L. emend. Fiori et Paol.’ are replaced by the words ‘Triticum aestivum L.’; (d) in the entry starting with ‘Sorghum sudanense’, the words ‘Sorghum sudanense (Piper) Stapf.’ are replaced by the words ‘Sorghum sudanense (Piper) Stapf’; (e) the entry for ‘Sorghum bicolor (L) Moench × Sorghum sudanense (Piper) Stapf. — Hybrids resulting from the crossing of Sorghum and Sudan grass’ is replaced by the following: ‘Sorghum bicolor (L.) Moench × Sorghum sudanense (Piper) Stapf. — Hybrids resulting from the crossing of Sorghum bicolor and Sorghum sudanense’.

2. Annexes I, II and III to Directive 66/402/EEC are amended in accordance with part B of the Annex to this Directive.

Article 3

Amendments to Directive 2002/55/EC

Annexes II and III to Directive 2002/55/EC are amended in accordance with part C of the Annex to this Directive.

Article 4

Amendments to Directive 2002/57/EC

Directive 2002/57/EC is amended as follows:

1. Article 2(1)(b) is amended as follows: (a) In the entry starting with ‘Brassica juncea’, the words ‘Brassica juncea (L.) and Czernj and Cosson’ are replaced by the words ‘Brassica juncea (L.) Czern.’. (b) In the entry starting with ‘Brassica nigra’, the words ‘Brassica nigra (L.) Koch’ are replaced by the words ‘Brassica nigra (L.) W.D.J. Koch’. (c) The entry starting with ‘Papaver somniferum’ is replaced by the following: ‘Papaver somniferum L. — Poppy’.

2. Annexes I, II and III to Directive 2002/57/EC are amended in accordance with part D of the Annex to this Directive.

Article 5

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 6

Entry into force

This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

Article 7

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 26 June 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ 125, 11.7.1966, p. 2298/66.

(2) OJ 125, 11.7.1966, p. 2309/66.

(3) OJ L 193, 20.7.2002, p. 33.

(4) OJ L 193, 20.7.2002, p. 74.

(5) OJ L 38, 9.2.2006, p. 17.