COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 11.12.1995 
COM(95) 628 final 
95/0320 (CNS) 
95/0321 (CNS) 
95/0322 (CNS) 
Proposal for a 
COUNCIL DIRECTIVE 
on the marketing of vegetable seed 
(consolidated version) 
Proposal for a 
COUNCIL DIRECTIVE 
on the marketing of cereal seed 
(consolidated version) 
Proposal for a 
COUNCIL DIRECTIVE 
on the common catalogue of varieties of agricultural plant species 
(consolidated version) 
(presented by the Commission) 

Proposal for a 
COUNCIL DIRECTIVE 
on the marketing of vegetable seed 
(consolidated version) 
A 
EXPLANATORY MEMORANDUM 
1. When considering how Community law could be made simpler and more transparent, 
Parliament, the Commission and the Council found themselves confronted with an 
over-abundance of legislative instruments which had been amended several times, 
often substantially, and unanimously agreed on the need for a working method which 
would use legislative consolidation as a means of achieving greater clarity and 
transparency. 
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis­
lative measures should be consolidated after no more than ten amendments, stressing 
that this was a minimum requirement and that departments should endeavour to con­
solidate at even shorter intervals the texts for which they were responsible, to ensure 
that the Community rules were clear and readily understandable. 
3. The conclusions of the Presidency of the Edinburgh European Council reaffirmed 
these points, stressing that "official codification is important because it provides legal 
security as to the law which is applicable at a certain moment concerning a specific 
issue." To ensure not only the quality and the legal security of the texts consolidated, 
it was also suggested that "a jointly acceptable accelerated working method should be 
sought allowing codified Community law (replacing existing legislation without 
changing its substance) to be adopted in a speedy and efficient way". 
4. The proposed consolidated version of Council Directive 70/458/EEC of 29 September 
1970 on the marketing of vegetable seed forms part of a much larger programme of 
consolidation of the provisions on seeds and propagating material for agriculture, 
horticulture and forestry. It has been drafted in accordance with the fundamental 
principles agreed by Council, Parliament and the Commission in 1974; it aims at 
legislative consolidation: the existing Directives would be replaced by one new one, 
which would leave their substance untouched but would assemble them into a single 
text, with only the formal amendments required by the operation itself ^). This codi­
fied text will serve as the basis for future legislative developments in this field. 
5. Certain provisions of Directive 70/458/EEC refer to "EEC packaging" and "EEC stan­
dards". 
The Treaty on European Union replaced the expression "European Economic Com­
munity" by "European Community" in the Treaty; the same should now be done in 
the above provisions. 
This may be regarded as a purely formal amendment, but the Member States must 
none the less transpose it into national legislation if firms are to use labels referring 
to the EC rather than the EEC. Moreover, there could be a financial impact for these 
firms if they were required to begin using the new labels forthwith. 
For these reasons, and since consolidating directives do not need to be transposed, the 
original provisions being presumed to have been transposed within the time allowed, 
it would not appear possible to incorporate this amendment in the consolidation pro­
posal as a purely formal adjustment. 
The Commission will accordingly present a separate proposal for the amendment of 
Directive 70/458/EEC replacing "EEC" by "EC". 
This amendment and those already proposed to the Council will, following adoption, be 
incorporated in the consolidation proposal which should then be before the Council. 
6. This consolidation proposal was drawn up on the basis of a preliminary consolidation, 
in all the official languages, of Directive 70/458/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means of a data-processing system referred to in the conclusions of the European 
Council meeting at Edinburgh. Although the articles have been given new numbers, 
the former number is printed alongside in each case for the reader's convenience; the 
correlation between the old and new numbers is shown in a table contained in Annex 
VII to the consolidated Directive. 
(J) Annex VL part A of this proposal. 
I 
Proposal for a 
COUNCIL DIRECTIVE .../-TEC 
of 
on the marketing of vegetable seed C\>\O'?>XJC> (CKO 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the Opinion of the European Parlia­
ment I1), 
Having regard to the Opinion of the Economic and So­
cial Committee (2), 
1) Whereas Council Directive 79/458/EEC of 29 September 
1970 on the marketing of vegetable seed (3) has been 
frequently and substantially amended; whereas for rea­
sons of clarity and rationality the said Directive should 
be consolidated; 
2) Whereas the production of vegetable seed occupies an 
important place in the agriculture of the Community; 
3) Whereas satisfactory results in vegetable cultivation de­
pend to a large extent on the use of appropriate seed; 
whereas, to this end, certain Member States have for 
some time restricted the marketing of seed of certain 
species of vegetable to controlled seed of specified var­
ieties; whereas other States have introduced optional 
controls in respect of the quality of this seed; 
4) Whereas, in so far as they undertake these seed controls, 
Member States have been able to take advantage of the 
systematic plant selection work carried out over several 
decades which has resulted in the development of dis­
tinct, stable and sufficiently uniform varieties which, by 
reason of their characteristics, promise to be of great 
value for the purposes in view, 
5) Whereas greater productivity will be achieved in Com­
munity vegetable cultivation if for the choice of varieties 
accepted for certification, checking and marketing the 
Member States apply uniform rules which are as strict as 
possible; 70/458/EEC 
3. 
4. 
(1) OJ NoC 
(2) OJ NoC 
(3) OJNoL225,12.10.1970, p. 7; as last amended by the Art of Ac­
cession AT, FI, SE. 
6) Whereas a common catalogue of varieties of vegetable 
species can be compiled only on the basis of national 
catalogues; 
7) Whereas all the Member States should therefore compile 
one or more national catalogues of the varieties ac­
cepted for certification, checking and marketing in their 
territory; 
8) Whereas these catalogues must be drawn up in accord­
ance with uniform rules so that the varieties accepted 
will be distinct, stable and sufficiently uniform; 
9) Whereas, in order to carry out the examinations for the 
acceptance of a variety, a large number of uniform cri­
teria and rninimum requirements must be laid down; 
10) Whereas, on the other hand, provisions relating to the 
length of time during which acceptance of a variety is to 
remain valid, the grounds on which acceptance may be 
revoked and the practices for maintenance of the variety 
must be standardised; whereas Member States should in­
form one another of the acceptance and withdrawal of 
varieties; 
11) Whereas special rules should be made as regards those 
varieties which, it has been established, cannot be grown 
in any part of the territory of a Member State; 
12) Whereas seed of varieties listed in the common cata­
logue of varieties should not be subject within the Com­
munity to any marketing restrictions relating to variety, 
13) Whereas the Commission should publish in the Official 
Journal of the European Communities the varieties ac­
cepted in the common catalogue; 
14) Whereas, furthermore, Member States should be given 
the right to raise objections to a variety where such ob­
jections are on plant health grounds; 
15) Whereas provision should be made for measures recog­
nising the equivalence of examinations and controls of 
varieties carried out in third countries; 
16) Whereas it is, however, justifiable to restrict marketing 
to certain varieties only if the farmer can be sure of 
actually obtaining seed of those varieties; 
17) Whereas a scheme should be established applicable to 
marketing both in other Member States and on domestic 
markets; 
18) Whereas, as a general rule, vegetable seed should be al­
lowed to be marketed only if it has been officially exam­
ined and certified, in accordance with the rules for certi­
fication, as basis seed or certified seed; 10. 
11. 
12. 
13. 
14. 
15. 
16. (adapted) 
73/438/EEC 
(adapted) 
70/458/EEC 
19) Whereas it is necessary to provide that bred seed of gen­
erations prior to basic seed, which may be admitted for 
marketing in the different Member States, shall corre­
spond to the requirements laid down by this Directive; 
20) Whereas, for certain species of vegetable, it would be 
desirable to restrict marketing to certified seed; whereas, 
however, it is at present impossible to attain this objec­
tive since Community requirements could not then be 
completely covered; whereas the marketing of checked 
standard seed which must also possess varietal identity 
and purity should therefore be allowed, these 
characteristics being subject, however, only to official 
post-control carried out in the field by sampling; 
21) Whereas vegetable seed which is not placed on the 
market should not, in view of its minor economic im­
portance, be subject to Community rules; whereas 
Member States must retain the right to make such seed 
subject to special provisions; 
22) Whereas seed of certain species subject to the provisions 
of this Directive have no significance for certain 
Member States, although they are produced or at least 
marketed in them in insignificant quantities; whereas 
therefore certain species should be excluded from the 
application of this Directive and Member States should 
be released from the obligation to apply this Directive to 
seed of other species; 
23) Whereas, in order to improve the quality of Community 
vegetable seed, certain requirements must be laid down 
as to minimum analytical purity and germination; 
24) Whereas this Directive should cover as full a catalogue 
of species as possible, including certain species which 
may be fodder plants or oil plants as well as vegetables; 
whereas, if, however, certain species of seed are not nor­
mally reproduced or marketed in the territory of a 
Member State, provision should be made for release of 
that Member State from the obligation to apply this Di­
rective in respect of the species in question; 
25) Whereas, in order to ensure the identity of the seed, 
Community rules on packaging, sampling, sealing and 
marking are laid down; whereas it is desirable that provi­
sion also be made for official pre-control of certified 
seed, and that the obligations should be laid down which 
must be fulfilled by the person marketing standard seed 
and certified seed made up in small packages; 17. 
18. 
19. 
20. 
21. 72/418/EEC 
(adapted) 
70/458/EEC 
72/418/EEC 
(adapted) 
70/458/EEC 
26) Whereas, in order to ensure that both the requirements 
as to the quality of the seed and the provisions for en­
suring its identity are complied with during marketing, 
the Member States must make provision for appropriate 
control arrangements; 
27) Whereas seed satisfying these requirements should, with­
out prejudice to Article 36 of the Treaty, be subject to 
no marketing restrictions other than those provided for 
in Community rules; 
28) Whereas, subject to certain conditions, seed multiplied in 
another country from basic seed certified in a Member 
State should be recognised as equivalent to seed multi­
plied in that Member State; 
29) Whereas provision should be made for authorising the 
marketing within the Community of vegetable seed harv­
ested in third countries only if such seed affords the 
same assurances as seed officially certified or marketed 
as standard seed within the Community and complying 
with Community rules; 
30) Whereas, during periods in which there are difficulties in 
obtaining supplies of certified seed of the various cat­
egories or of standard seed, seed of an inferior quality 
should temporarily be permitted to be marketed, but 
also seeds of varieties not included in the common cata­
logue of varieties or in the national catalogue of var­
ieties; 
31) Whereas, in order to harmonise the technical methods of 
certification and control used in the Member States and 
to enable comparisons to be made between seed certi­
fied within the Community and that coming from third 
countries, Community test fields should be established in 
Member States to permit annual post-control of seed of 
certain varieties of the category 'basic seed' and of seed 
of the categories 'certified seed' and 'standard seed'; 
32) Whereas Community rules should not apply to seed 
shown to be intended for export to third countries; 
33) Whereas for the exercise of implementation powers con­
ferred on the Commission, it seems appropriate that the 
Commission be assisted by the Standing Committee on 
Seeds and Propagating Material for Agriculture, Horti­
culture and Forestry, according to the Management 
Committee procedure provided for in Article 2 (II) of 
Council Decision 87/373/EEC W; 
34) Whereas this Directive must not affect the obligations of 
the Member States concerning the deadlines for trans­
position of the Directives set out in Annex VI, part B, 
HAS ADOPTED THIS DIRECTIVE: 22. 
23. 
24. 
25. 
26. 
+ 
3. 
27. 
28. 
29. 72/418/EEC 
(adapted) 
70/458/EEC 
(adapted) 
( 1 ) OJ No L 197, 18.7. 1987, p. 33. 
Article 1 
This Directive shall apply to vegetable seed marketed with­
in the Community. 
It shall not apply to vegetable seed shown to be 
intended for export to third countries. 
Article 2 
1. For the purposes of this Directive, 
A. 'Vegetables' means plants of following species in­
tended for agricultural or horticultural production but 
not for ornamental uses: 
Allium cepa L. Onion 
Allium porrum L, Leek 
Anthriscus cerefolium (L.) Chervil 
Hoffm. 
Apium graveolens L. Celery 
Asparagus officinalis L. Asparagus 70/458/EEC 
Article 34 
Beta vulgaris L. var. vulgaris 
Beta vulgaris L. var. cQnditi-
yaAlef, 
Brassica oleracea L. convar. 
acephala (DC.) Alef. var. 
sabellicq L 
Brassica oleracea L. convar. 
botrytis (L.) Alef. var. botry-
tis L. 
Brassica oleracea L. convar. 
bQtrytis (IL) AM, var, çymo-
sq Duch. 
Brassica oleracea L. convar. 
oleracea vai.gemmifera DC. 
Brassica Qlerqçeq L, conyar, 
capitata CL.) Alef. var. sa-
bauda L. 
Brassica oleracea L. convar. 
capitata (L.) Alef. var. alba 
Brassica oleracea L. convar. 
çqpitqtq (L.) Alef, var, rubra 
DC. 
Brassica oleracea L. convar. 
acephala (DC.) Alef. var. 
gongylodes Spinach beet, chard 
Red beet or beetroot 
Curry kale 
Cauliflower 
Sprouting broccoli or ca-
labrese 
Brussels sprouts 
Savoy cabbage 
Cabbage 
Red cabbage 
Kohlrabi 87/120/EEC - Art. 5(1) 
Brassica peldnensis (Lour.) 
Rupr. Chinese cabbage 88/380/EEC - Art. 7(1) 
Brassica rapa L. var. rapa Turnip 87/120/EEC - Art. 5(1) 
Capsicum annuum L. 
Cichorium endma L. 
Cichorium intvbus L. (par-
tim) Chili 
Pepper 
Capsicum 
Endive 
Witloof chicory 
large-leaved chicory 
(Italian chicorvl 
Industrial chicory 70/458/EEC 
87/120/EEC - Art. 5(1) 
88/380/EEC - Art. 7(1) 
Citrullus lanatus (Thunb.) 
Matsum. et Nakai Water melon 79/641/EEC - Art. 4(1) 
Cucumis melo L. 
Cucumis sativus L. Melon 
Cucumber, gherkin 70/458/EEC 
Cucurbita maxima Du­
chesne Gourd 86/155/EEC - Art. 6(1) 
Cucurbita pepo L. 
Cynara cardunculus L. 
Daucus carota L. Marrow 
Cardoon 
Carrot 
Foeniculum vulgare Miller Fennel 
Lactuca sativa L. Lettuce 70/458/EEC 
86/155/EEC - Art. 6(1) 
79/641/EEC-Art.4(1) 
87/120/EEC -Art. 5(1) 
70/458/EEC 
Lycopersicon hcopersicum Tomato 
(L.) Karsten ex Farw. 79/641/EEC - Art. 4(2) 
87/120/EEC-Art. 5(1) 
Petroselinum crispum Parsley 
(Miller) Nyman ex A W 
Hill 79/641/EEC -Art.4(1) 
87/120/EEC-Art. 5(1) 
Phaseolus coccineus L. 
Phaseolus vulgaris L. Runner bean 
French bean 70/458/EEC 
Pisum sativum L. (partim) Pea, excluding Field pea 79/641/EEC - Art. 4(1) 
Raphanus sativus L. 
Scorzonera hispanica L. 
Solanum melongena L. 
Spinacia oleracea L. Radish 
Scorzonera or Black sal­
sify 
Aubergine or egg plant 
Spinach 70/458/EEC 
Valerianella locusta (L.) Corn salad or Lamb's let-
Laterr. tuce 
Vicia faba L. (partim) Broad bean 79/641/EEC -Art.4(1) 
B. 'Basic seed' means 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 of 
the category 'certified seed'; 
(c) which, subject to the provisions of Article 22, 
satisfies the conditions laid down in Annexes I 
and n for basic seed; and 
(d) which has been found by official examination to 
satisfy the abovementioned conditions; 
C. 'Certified seed' means seed 
(a) which is produced, directly from basic seed or, if 
the breeder so requests, from seed of a gener­
ation 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 mainly for the production of 
vegetables; 
(c) which, subject to the provisions of point (b) of 
Article 22, satisfies the conditions laid down in 
Annexes I and II for certified seed; 
(d) which has been found by official examination to 
satisfy the aforementioned conditions; 
(e) which is subject to official post-control by check 
inspection to verify its varietal identity and vari­
etal purity; 
D. 'Standard seed' means seed 
(a) which has sufficient varietal identity and varietal 
purity; 
(b) which is intended mainly for the production of 
vegetables; 
(c) which satisfies the conditions laid down in Annex 
II; and 
(d) which is subject to official post-control by check 
inspection to verify its varietal identity and vari­
etal purity 
E. 'Official measures' means 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 
under 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; 70/458/EEC 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
F. 'Small packages' means packages containing seed up 
to a maximum net weight of 
(a) 5 kg for legumes; 
(b) 500 g for onions, chervil, asparagus, spinach beet 
or chard, red beet or beetroot, turnips, water 
melon, fiûini marrows, carrots, radishes, scor­
zonera or black salsify, spinach, corn-salad or 
lamb's lettuce; 
(c) 100 g for all other species of vegetable. 70/458/EEC — Corrigendum, English Special 
Edition, p.77 
86/155/EEC - Art. 6(2) 
2. Amendments to be made to the list of species re­
ferred to in point A of paragraph 1 in the light of the 
development of scientific or technical knowledge concern­
ing the names and hybrids resulting from the crossing of 
species covered by this Directive shall be adopted in ac­
cordance with the procedure laid down in Article 42 (2). 78/55/EEC - Art. 7(1) 
88/380/EEC - Art 7(2) 
3. The different types of varieties, including the compo­
nents, may be specified and defined in accordance with the 
procedure laid down in Article 42 (2). 88/380/EEC - Art. 7(4) 
4^ Member States may be authorized in accordance 
with the procedure laid down in Article 42 (2) to permit, 
by way of derogation from point C (a) of paragraph 1, to 
be certified as certificated seed seeds of self-pollinating 
species which have been entered for certification as basic 
seed and which have been produced from a generation 
prior to basic seed but which has not been officially exam­
ined. This provision shall not apply to hybrid seeds. Certi­
fication as certified seed may occur only if this is requested 
by the applicant for certification with the agreement of the 
breeder and if an official post-control test based on 
samples taken officially and carried out at the latest during 
the growing season of the entered seed shows that the 
seeds from the previous generation have met the require­
ments for basic seed in respect of varietal identity and pu­
rity. In this case the breeder shall, when the samples are 
taken, state the total area which has been under produc­
tion of seed of the previous generation. These conditions 
may be amended in the light of development of scientific 
or technical knowledge in accordance with the procedure 
laid down in Article 42 (2). 
Member States shall require that the official labels for 
seeds marketed in accordance with the authorization re­
ferred to in the first subparagraph be marked: 'passed for 
marketing in ... (Member State concerned) onh/; in addi­
tion Member States may require in this case that the offi­
cial labels also be marked: 'intended for further multiplica­
tion only'. 78/55/EEC - Art. 7(1) - 88/380/EEC - Art. 7(3) 
10 
Article 3 
1. Member States shall provide that vegetable seed may 
not be certified, verified as standard seed and marketed 
unless the variety is officially accepted in one or more 
Member States. 
2. Each Member State shall establish one or more cata­
logues of the varieties officially accepted for certification, 
verification as standard seed and marketing in its territory. 
The catalogues shall be subdivided according to varieties: 
(a) whose seed may be certified as either 'basic seed' or 
'certified seed', or may be verified as 'standard seed' 
and 
(b) whose seed may not be verified except as standard 
seed. 
Any person may consult the catalogues. 
3. A common catalogue of varieties of vegetable species 
shall, in accordance with the provisions of Articles 17 and 
18, be established on the basis of the national catalogues 
of the Member States 
4. Member States may provide that the acceptance' of a 
variety for inclusion in the common catalogue or in the 
catalogue of another Member State is equivalent to accept­
ance for inclusion in their own catalogues. Member States 
making such provision shall be released from the obliga­
tions provided for in Article 7, Article 10 (3) and Ar­
ticle 11 (2) to (5). 
Article 4 
Member States shall ensure that a variety is accepted only 
if it is distinct, stable and sufficiently uniform. 70/458/EEC 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
In the case of industrial chicory, the variety must be of 
satisfactory value for cultivation and use. 88/380/EEC - Art. 7(5) 
Article 5 
1. A variety shall be regarded as distinct if, whatever the 
origin, artificial or natural, of the initial variation from 
which it has resulted, it is clearly distinguishable in one or 
more important characteristics from any other variety 
known in the Community. 
The characteristics must be capable of precise recognition 
and of precise definition. 
A variety in the Community shall be any variety which, at 
the time when the application for the acceptance of the 
variety to be assessed is duly made, is: 
— either listed in the common catalogue of varieties of 
vegetable species or in the common catalogue of var­
ieties of agricultural plant species, 79/967/EEC - Art. 3(1) 
11 
— or, without being listed in one of those catalogues, 
has been accepted or has been submitted for accept­
ance in the Member State in question or in another 
Member State, either for certification and marketing, 
or for certification for other countries, or for verifica­
tion as standard seed, 
unless the aforementioned conditions are no longer ful­
filled in all the Member States concerned before the deci­
sion on the application for acceptance of the variety to be 
assessed is taken. 79/967/EEC - Art. 3(1) 
2. A variety shall be regarded as stable if, after success­
ive propagation or multiplications or at the end of each 
cycle (where the breeder has defined a particular cycle of 
propagation or multiplications) it remains true to the de­
scription of its essential characteristics. 
3. A variety shall be regarded as sufficiently uniform if, 
apart form a very few aberrations, the plants of which it is 
composed are, account being taken of the distinctive fea­
tures of the reproductive systems of the plants, similar or 
genetically identical as regards the characteristics, taken as 
a whole, which are considered for this purpose. 
Article 6 
Member States shall ensure that varieties coming from 
other Member States are subject to the same require­
ments, in particular as regards the acceptance procedure, 
as those which apply to domestic varieties 
Article 7 
1. Member States shall provide that acceptance of varieties 
be based on the results of official examinations, particular­
ly growing trials, covering a sufficient number of char­
acteristics for the variety to be described. The methods 
used for determining characteristics must be accurate and 
reliable. In order to establish distinctness, the growing 
trials shall include at least the available comparable var­
ieties which are varieties known in the Community within 
the meaning of Article 5 (1). For the purpose of applying 
Article 10. other available comparable varieties shall be in­
cluded. In the case of varieties whose seed may not be 
verified except as standard seed, the results of unofficial 
examinations and knowledge gained from practical experi­
ence during cultivation may be taken into consideration. It 
may be prescribed, in accordance with the procedure laid 
down in Article 42 (2) that, as from specified dates, var­
ieties of certain vegetable species will no longer be ac­
cepted except on the basis of official tests. 
2. The following shall be fixed in accordance with the 
procedure laid down in Article 42 (2), account being taken 
of current scientific and technical knowledge: 70/458/EEC 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
79/967/EEC - Art. 3(2) 
Corrigendum, English Special Edition, p.77 
72/418/EEC - Art. 6(3) 
Corrigendum, English Special Edition, p.77 
12 
(a) the characteristics to be covered as a minimum by the 
examinations of the various species; 
(b) the minimum requirements for carrying out the ex­
aminations. 
3. Where examination of the genealogical components is 
necessary in order to study hybrids and synthetic varieties, 
Member States shall ensure that the results of the examin­
ation and the description of the genealogical components 
are, if the breeder so requests, treated as confidential. 
Article 8 
Member States shall require that when lodging an applica­
tion for the acceptance of a variety the applicant indicate 
whether acceptance has already been applied for in 
another Member State, which Member State was con­
cerned, and whether the application was granted. 70/458/EEC — Corrigendum, English Special 
Edition, p.77 
Article 9 
1. Member States may accept varieties which have been 
officially accepted in their territory before 1 July 1972, 
without having to carry out further examinations based on 
the principles of this Directive, if it is apparent from previ­
ous examinations that the varieties are distinct, stable and 
sufficiently uniform. Examination of the characteristics 
fixed in accordance with Article 7 (2) must be completed 
by 30 June 1975 at the latest. 
The dates shall be: 
— with regard to Spain, 1 March 1986 and 31 December 
1988 respectively, in respect of the following species: 
Apium graveolens 
Beta vulgaris var. esculenta 
Brassica oleracea 
Cichorium endxvia 
Cucurbita pepo 
Petroselinum crispum 
Phaseolus coccineus 
Raphanus sativus 
Scorzonera hispanica; 72/418/EEC - Art. 6(4) 
Corrigendum, English Special Edition, p. 106 
86/155/EEC - Art. 6(3) 
(adapted) 
with regard to Denmark, Ireland and the United 
Kingdom, 1 January 1973 and 31 December 1977 re­
spectively. Act of Accession DA, IRL, UK — Art. 29 
(adapted) 
2. Member States shall take all measures necessary to 
ensure that official acceptances of varieties granted before 
1 July 1972 in accordance with principles other than those 
of this Directive expire not later than 30 June 1980 if by 
that date the varieties in question have not been accepted 
in accordance with the principles of this Directive. 72/418/EEC - Art. 6(4) 
13 
The dates shall be respectively: 72/418/EEC — Art. 6(4) 
with regard to Spain, 1 March 1986 and 31 December 
1993 respectively for the species referred to in the 
first indent of the second subparagraph of para­
graph 1; 86/155/EEC - Art 6(4) 
(adapted) 
with regard to Denmark, Ireland and the United 
Kingdom, 1 January 1973. Act of Accession DK, IRL, UK — Art. 29 
(adapted) 
With regard to the territory of the former German Demo­
cratic Republic, the dates referred to in the first subpara­
graph are those of 3 October 1990 and 31 December 1994 
respectively in respect of the varieties accepted by the 
authorities of the former German Democratic Republic. 
This provision shall apply mutatis mutandis to varieties 
which have not been officially accepted but whose seed 
had been marketed or sown in that territory prior to Ger­
man unification. 90/654/EEC - Art. 2 
(adapted) 
3. In accordance with the procedure laid down in Article 
42 (2), Member States may be authorized in respect of 
individual varieties to extend until 31 December 1982 at 
the latest the date of expiry provided for in paragraph 2, 
in so far as, on 1 Jury 1980, the examination procedure 
initiated for these varieties prior to this date, with a view 
to their acceptance under the provisions of this Directive, 
has not yet been completed. 80/1141/EEC - Art. 2 
4. The provisions of. Article 3 (1) notwithstanding, 
Member States may permit until 30 June 1975 the market­
ing in their territory of standard varieties of seed not offi­
cially accepted, if seed of these varieties had been mar­
keted there before 1 July 1972. 
The dates shall be respectively: 72/418/EEC - Art 6(4) 
31 December 1988 and 1 January 1986 with regard to 
Greece; 88/380/EEC - Art. 7(6) 
(adapted) 
31 December 1988 and 1 March 1986 with regard to 
Spain for the species referred to in the first indent of 
the second subparagraph of paragraph 1. 86/155/EEC - Art 6(5) 
(adapted) 
Article 10 
1. Member States shall arrange for official publication of 
the catalogue of varieties accepted in their territory and, 
where maintenance breeding of the variety is required, the 
name of the person or persons responsible for this in their 
countries. Where several persons are responsible for the 
maintenance of a variety, the names need not be pub­
lished. If the names are not published, the catalogue shall 
indicate the authority holding the list of names of persons 
responsible for maintenance of the variety. 
14 70/458/EEC 
2. Member States shall, as far as possible, ensure at the 
time of acceptance that the variety is known by the same 
name in all Member States. 
If it is known that seed or propagating material of a given 
variety are marketed in another country under a different 
name, that name shall also be indicated in the catalogue. 
In the case of varieties which are derived from varieties 
whose official acceptance has been determined pursuant to 
Article 13 (3), second and fourth sentences, and which 
have been accepted in one or more Member States as a 
result of the official measures referred to in that provision, 
it may be decided, in accordance with the procedure laid 
down in Article 42 (2), that all Member States of accept­
ance shall ensure that the varieties bear names determined 
under the same procedure and complying with the above 
principles. 70/458/EEC 
70/458/EEC — Corrigendum, English Special 
Edition, p.77 
88/380/EEC - Art. 7(7) 
3. In taking into account the information available, 
Member States shall also ensure that a variety which is not 
clearly distinguishable: 
— from a variety previously accepted in the Member 
State in question or in another Member State, or 
— from another variety which has been assessed with re­
gard to distinctness, stability and uniformity in accord­
ance with rules correponding to those of this Direc­
tive, without, however, being a variety known in the 
Community within the meaning of Article 5 (1), 
bears the name of that variety. This provision shall not 
apply if this name is likely to mislead or cause confusion 
concerning the variety in question, or if, pursuant to all the 
provisions of the Member State concerned governing the 
names of varieties, other facts prevent its utilization, or if 
the rights of third parties impede the free use of that 
name in connection with the variety in question. 
4L Member States shall compile a special file on each 
variety accepted, containing a description of the variety 
and a clear summary of all the facts on which the accept­
ance was based. The description of the varieties shall re­
late to plants produced directly from seed of the category 
'certified seed' or the category 'standard seed'. 79/967/EEC - Art. 3(3) 
70/458/EEC — 79/967/EEC - Art 3(4) 
Article 11 
1. Any application or withdrawal of an application for 
acceptance of a variety, any entry in a catalogue of var­
ieties as well as any amendment thereto shall be notified 
forthwith to the other Member States and the Commission. 79/967/EEC - Art 3(5) 
15 
2. Member States shall, for each new variety accepted, 
send the other Member States and the Commission a brief 
description of its characteristics which have been noticed 
as a result of the acceptance procedure. They shall, on re­
quest also communicate a description of the special char­
acteristics which enable the variety to be distinguished 
from other similar varieties. 
3. Each Member State shall make available to the other 
Member States and the Commission the files referred to in 
Article 10 (4) on the varieties accepted or which have 
ceased to be accepted. Information exchanged concerning 
these files shall be treated as confidential. 
4. Member States shall ensure that the acceptance files 
are made available for the personal and exclusive use of 
any person able to show a legitimate interest. These provi­
sions shall not apply where the information must under 
Article 7 (3) be treated as confidential. 
5. Where acceptance of a variety is refused or revoked, 
the results of the examinations shall be made available to 
persons affected by such decision. 
Article 12 
1. Member States shall provide that the varieties ac­
cepted must be maintained according to accepted practices 
for the maintenance of the variety. This rule shall not 
apply to varieties whose seed may not be verified except as 
standard seed but which are widely known on 1 July 1970. 
The date shall be: 70/458/EEC 
Corrigendum, English Special Edition, p.106 
72/418/EEC - Art. 6(5) 
Corrigendum, English Special Edition, p.77 
with regard to Denmark, Ireland and the United 
Kingdom, 1 January 1973; Act of Accession DA IRL, UK — Art. 29 
(adapted) 
— with regard to Spain, 1M arch 1986. 86/155/EEC - Art. 6(6) 
(adapted) 
2. It must at all times be possible to check maintenance 
from the records kept by the person or persons responsible 
for the variety. These records shall also cover the produc­
tion of all generations prior to basic seed. 
3. Samples may be requested from the person respon­
sible for the variety. Such samples may if necessary be 
taken officially. 
4. Where maintenance takes place in a Member State 
other than that in which the variety was accepted, the 
Member States concerned shall assist each other adminis­
tratively as regards checks. 
Article 13 
1. Acceptance shall be valid until the end of the 10th 
calendar year following acceptance. 70/458/EEC — Corrigendum, English Special 
Edition, p.77 
16 
Acceptance of the varieties by the authorities of the 
former German Democratic Republic prior to German uni­
fication shall be valid until the end of the 10th calendar 
year at the latest following their entry in the catalogue of 
varieties drawn up by the Federal Republic of Germany in 
accordance with Article 3 (1). 90/654/EEC - Art. 2 
2. Acceptance of a variety may be renewed at given in­
tervals if it is still cultivated on such a scale as to justify 
this and provided that the requirements as to distinctness, 
uniformity and stability are still satisfied. Applications for 
renewal shall be submitted not later than two years before 
expiry of acceptance. 70/458/EEC 
In the case of varieties referred to in the second sentence 
of Article 12 (1) the acceptance may be renewed only 
where, without prejudice to the provisions of Article 38, 
the name of the person or persons responsible for the 
maintenance has been officially registered and published in 
accordance with the provisions of Article 10 (1). 88/380/EEC - Art. 7(8) 
3. The period of validity of acceptance shall be extended 
provisionally until a decision is taken on the application 
for renewal. 70/458/EEC 
In the case of varieties for which acceptance has been 
granted before 1 July 1972 or, with regard to Denmark, 
Ireland and the United Kingdom, before 1 January 1973, 
the period mentioned in the first subparagraph of para­
graph 1 may be extended, in accordance with the pro­
cedure laid down in Article 42 (2), until 30 June 1990 at 
the latest for individual varieties, where official measures 
organized on a Community basis have been taken before 1 
Jury 1982 in order to ensure that the conditions for the 
renewal of their acceptance or for the acceptance of var­
ieties derived from them are met. 
With regard to Greece, Spain and Portugal, the expiry of 
the acceptance period for certain varieties for which ac­
ceptance has been granted in those Member States before 
1 January 1986 may, at the request of those Member 
States, also be fixed for 30 June 1990, in accordance with 
the procedure laid down in Article 42 (2), and the varieties 
concerned may be included in the official measures re­
ferred to in the second subparagraph. 88/380/EEC - Art. 7(9) 
(adapted) 
Article 14 
1. Member States shall ensure that any doubts which 
arise after the acceptance of a variety concerning the ap­
praisal of its distinctness or of its name at the time of ac­
ceptance are removed. Article 13a 
79/967/EEC - Art. 3(6) 
17 
2. Where, after acceptance of a variety, it is established 
that the condition concerning distinctness within the mean­
ing of Article 5 was not fulfilled at the time of acceptance, 
acceptance shall be replaced by another decision or, where 
appropriate, a revocation, which conforms with this Direc­
tive. 
By this other decision, the variety shall, with effect from 
the date of its initial acceptance, no longer be regarded as 
a variety known in the Community within the meaning of 
Article 5 (1). 
3. Where, after acceptance of a variety, it is established 
that its name within the meaning of Article 10 was not 
acceptable when the variety was accepted, the name shall 
be adapted in such a way that it conforms with this Direc­
tive. Member States may permit the previous name to be 
used temporarily as an additional name. The detailed ar­
rangements in accordance with which the previous name 
may be used as an additional name may be laid down in 
accordance with the procedure provided for in Article 
42 (2). 79/967/EEC - Art. 3(6) 
Article 15 
1. Member States shall ensure that acceptance of a var­
iety is revoked: 
(a) if it is proved, on examination, that the variety is no 
longer distinct, stable or sufficiently uniform; 
(b) if the person or persons responsible for the variety so 
request, unless maintenance of the variety js assured. 
2. Member States may revoke the acceptance of a var­
iety: 
(a) if the laws, regulations and administrative provisions 
adopted in pursuance of this Directive are not com­
plied with; 
(b) if, at the time of the application for acceptance or 
during examination, false or fraudulent particulars 
were supplied concerning the facts on the basis of 
which acceptance was granted. 
Article 16 
1. Member States shall ensure that a variety is deleted 
from their catalogues if acceptance of the variety has been 
revoked or if the period of validity of the acceptance has 
expired. Article 14 
70/458/EEC 
Corrigendum, English Special Edition, p.77 
Article 15 
2. Member States may, in respect of their own territory, 
allow a period for certification, verification as standard 
seed and marketing of seed up to 30 June of the third 
year at the most after expiry of the acceptance. 79/967/EEC - Art. 3(7) 
18 
In the case of varieties that were listed pursuant to Article 
17 (1) in the common catalogue of varieties referred to in 
Article 18, the period which expires last among those 
granted by the various Member States of acceptance under 
the first subparagraph shall apply to marketing in all the 
Member States, provided that tie seed of the variety con­
cerned has not been subject to any marketing restriction as 
regards the variety. 79/967/EEC - Art. 3(7) 
Article 17 
1. Member States shall ensure that, after expiry of a 
period of two months following the publication referred to 
in Article 18, &ecd of varieties accepted in accordance with 
the provisions of this Directive or in accordance with prin­
ciples corresponding to those of this Directive are subject 
to no marketing restrictions relating to variety. Article 16 
72/418/EEC - Art. 6(7) 
2. By way of derogation from paragraph 1, a Member 
State may, upon application which will be dealt with as 
provided in Article 42 (2), be authorized to prohibit the 
marketing in all or part of its territory of seed of the var­
iety in question if the variety is not distinct, stable OT suffi­
ciently uniform. The application shall be lodged before the 
end of the third calendar year following that of acceptance. 
3. The period provided for in paragraph 2 may be ex­
tended before expiry, in accordance with the procedure 
laid down in Article 42 (2), where there is good reason. 
4. In the case of varieties accepted before 1 July 1972 
the period provided for in the second sentence of para­
graph 2 shall run from 1 July 1972. 
This period shall run from: 70/458/EEC 
1 July 1973, with regard to Denmark, Ireland and the 
United Kingdom; Act of Accession DA, IRL, UK — Art 29 
(adapted) 
1 March 1986, with regard to Spain. 86/155/EEC - Art. 6(7) 
(adapted) 
With regard to Germany, the period shall run from 3 Oc­
tober 1990 in respect of the varieties accepted by the auth­
orities of the former German Democratic Republic. 90/654/EEC - Art. 2 
(adapted) 
5. With regard to Greece and in respect of varieties 
which have been accepted before 1 January 1986 in one or 
more of the other Member States and which have never 
been allowed for marketing in Greece before that date, the 
period provided for in paragraph 2 shall expire on 31 De­
cember 1988. 
19 88/380/EEC - Art 7(10) 
Article 18 
The Cornmission shall, on the basis of the information sup­
plied by Member States and as this is received, publish in 
the C Series of the Official Journal of the European 
Communities under the title 'Common Catalogue of Var­
ieties of Vegetable Species' a list of all varieties whose 
seed, after expiry of a period of two months, is subject 
under Article 17 to no marketing restrictions as regards 
variety, and also the information required under Article 10 
(1) concerning the person or persons responsible for main­
tenance of the variety. The published notice shall indicate 
the Member States which have received an authorization 
under Article 17 (2) or Article 19. The published notice 
shall list those varieties for which a period has been ap­
plied in accordance with the second subparagraph of Ar­
ticle 16 (2). This list shall indicate the length of the period 
and, where appropriate, the Member States to which the 
period does not apply. 
Article 19 
If it is established that the cultivation of a variety included 
in the common catalogue of varieties of vegetable species 
may be harmful from the point of view of plant health to 
the cultivation of other varieties or species growing in a 
Member State, that Member State may upon application, 
which will be dealt with as provided in Article 42 (2), be 
authorized to prohibit the marketing of seed of that variety 
in all or part of its territory. Where there is imminent 
danger of the spread of harmful organisms, and until such 
time as a final decision has been taken in accordance with 
the procedure laid down in Article 42 (2), this prohibition 
may be imposed by the Member State concerned as soon 
as its application has been lodged. 
Article 20 
Where a variety ceases to be accepted in the Member 
State which initially accepted it, one or more other 
Member States may continue to accept that variety pro­
vided that the requirements for acceptance continue to be 
met in their territory. If the variety in question is one 
whose maintenance is required, this must remain assured. Article 17 
70/458/EEC 
72/418/EEC - Art 6(8) 
79/967/EEC - Art 3(8) 
Article 18 
Article 19 
Article 21 Article 20 
1. Member States shall provide that seed of industrial 
chicory 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. Member States shall provide that seed of other veg­
etable species may not be placed on the market unless it 
has been officially certified as 'basic seed' or 'certified 
seed', or is standard seed, and unless it satisfies the condi­
tions laid down in Annex U. 88/380/EEC - Art 7(11) 
20 
3. It may, however, under the procedure laid down in 
Article 42 (2), be provided that after specified dates seed 
of certain vegetable species may not be placed on the 
market unless it has been officially certified as 'basic seed' 
or 'certified seed'. 
4. Member States shall ensure that official examinations 
of seeds are carried out in accordance with current in­
ternational methods, in so far as such methods exist. 
5. Member States may provide for derogations from the 
provisions of paragraph 1: 
(a) for seed of generations prior to basic seed; 
(b) for tests or for scientific purposes; 
(c) for selection work; 
(d) for seed 'as grown' and sold to be prepared for 
marketing, provided that the identity of the seed is 
ensured. 
Article 22 
Member States may, however, by way of derogation from 
the provisions of Article 21: 
(a) authorize the official certification and marketing of 
basic seed which does not satisfy the conditions laid 
down in Annex U in respect of germination. In this 
case, all necessary measures shall be taken to ensure 
that the supplier guarantees a specific germination 
which he shall state for marketing purposes on a par­
ticular label bearing his name and address and the 
reference number of the seed lot; 
(b) in order to make seed rapidly available, notwithstand­
ing the fact that the official examination to control 
compliance with the conditions laid down in Annex II 
in repect of germination has not been concluded, 
authorize the official certification and marketing as 
far as the first buyer by way of trade of seed of the 
categories 'basic seed' or 'certified seed'. Certification 
shall be granted only on presentation of a provisional 
analytical report on the seed and provided that the 
name and address of the first consignee 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 reference 
number of the lot. 
These provisions shall not apply to seed imported from 
third countries, save as otherwise provided in Article 33 in 
respect of multiplication outside the Community. 70/458/EEC 
Article 21 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
21 
Article 23 
Member States may, as regards the conditions laid down in 
Annexes I and II, impose additional or more stringent re­
quirements for the certification of seed produced in their 
own territory. 
Article 24 
1. Member States shall require that for the examination 
of seed for certification and for post-control tests, samples 
are drawn officially in accordance with appropriate 
methods. 
These provisions shall also apply where samples of stan­
dard seed are drawn officially for post-control tests. 
2. For the examination of seed for certification and for 
post-control tests, samples shall be drawn from homogene­
ous lots; the maximum weight of a lot and the minimum 
weight of a sample are given in Annex in. 
Article 25 
1. Member States shall require that basic seed, certified 
seed and standard seed be marketed only in sufficiently 
homogeneous lots and in sealed packages bearing, as pre­
scribed in Articles 26 and 27, a sealing system and mark­
ings. 
2. Member States may, for the marketing of small quan­
tities to the final consumer, provide for derogations from 
the provisions of paragraph 1 in respect of packaging, seal­
ing and marking. Article 22 
70/458/EEC 
Article 23 
Article 24 
3. Member States may allow the marketing of mixtures 
of standard seed of different varieties of Lactuca saliva L. 
and of mixtures of standard seed of different varieties of 
Raphanus sativus L. in small packages not exceeding 50 g 
provided that the words 'mixture of varieties' and the 
names of the varieties making up the mixture are shown 
on the package. 73/438/EEC - Art. 6(2) 
Article 26 
1. Member States shall require that packages of basic 
and certified seed, not made up in the form of EEC small 
packages, be sealed officially or under official supervision 
in such a manner that they cannot be opened without 
damaging the sealing system or leaving evidence of 
tampering on either the official label provided for in Ar­
ticle 27 (1) or the package. 
In order to ensure sealing, the sealing system shall compri­
se at least either the official label or the affixing of an 
official seal. Article 25 
78/692/EEC - Art. 7(1) 
22 
The measures provided for in the second subparagraph 
shall not be necessary where a non-reusable sealing system 
is used. 
In accordance with the procedure laid down in Article 
42 (2) it may be established whether a particular sealing 
system complies with the provisions of this paragraph. 787692/EEC-Art.7(l) 
2. Packages which have been officially sealed shall not 
be resealed, whether one or more times, except officially 
or under official supervision. If packages are resealed, the 
fact of reseating, the most recent date of resealing and the 
authority responsible therefore shall be stated on the label 
required under Article 27 (1). 70/458/EEC 
78/692/EEC - Art. 7(2) 
3. Member States shall require that packages of stan­
dard seed and small packages of seeds of the category 
certified seed be sealed in such a manner that they cannot 
be opened without damaging the sealing system or without 
leaving evidence of tampering on the label provided for in 
Article 27 (3) or the package. Except in the case of small 
packages, they shall also bear a lead or an equivalent seal­
ing device attached by the person responsible for attaching 
labels. In accordance with the procedure laid down in Ar­
ticle 42 (2), it may be established whether a particular 
sealing system complies with the provisions of this para­
graph. In the case of small packages of the category certi­
fied seed, packages shall not be sealed on one or more 
occasions except under official supervision. 78/692/EEC - Art. 7(3) 
4. Member States may provide for exceptions to para­
graphs 1 and 2 in the case of small packages of basic seed. 78/692/EEC - Art. 7(4) 
Article 27 
1. Member States shall require that packages of basic 
seed and certified seed, except where seed of the latter 
category takes the form of small packages: Article 26 
78/55/EEC - Art 7(2) 
23 
(a) be labelled on the outside with an official label which 
has not previously been used, which satisfies the 
conditions laid down in Annex IV (A) and on which 
the information is given in one of the official lan­
guages of the Community. The label may be placed 
inside transparent packages provided it can be read. 
The colour of the label shall be white for basic seed 
and blue for certified seed. When a label with a 
string-hole is used, its attachment shall be ensured in 
all cases with an official seal. If in cases under Article 
22, 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. The use of official adhes­
ive labels shall be authorized. In accordance with the 
procedure laid down in Article 42 (2) the indelible 
printing under official control of the prescribed in­
formation on the package according to the label's 
model may be authorized; 
(b) contain an official document, in the same colour as 
the label, giving at least the information required 
under Annex IV (A) (a) (4) to (7). This document 
shall be drawn up in such a manner that it cannot be 
confused with the official label referred to under (a). 
This document is not necessary if the information is 
printed indelibly on the package or if, in accordance 
with the provisions under (a), the label is inside a 
transparent package or an adhesive label or a label of 
non-tear material is used. 78/55/EEC - Art 7(2) 
2. Member States may provide for exceptions to para­
graph 1 in the case of small packages of basic seed where 
they are marked: 'passed for marketing in ... (Member 
State concerned) only\ 78/55/EEC - Art. 7(3) 
i Packages of standard seed and small packages of seed 
of the category 'certified seed' shall, as required under 
Annex IV (B), bear a supplier's label or a printed or 
stamped notice in one of the official languages of the 
Community. The colour of the label shall be blue for certi­
fied seed and dark yellow for standard seed. 70/458/EEC — 88/380/EEC - Art. 7(13) 
Corrigendum, English Special Edition, p.77 
Save in the case of small packages of standard seed, the 
information prescribed or authorized under this paragraph 
shall be kept clearly separate from any other information 
given on the label or the package, including that provided 
for in Article 29. 88/380/EEC - Art. 7(13) 
24 
After 30 June 1992 it may be decided, in accordance with 
the procedure laid down in Article 42 (2), *hat small pack­
ages of standard seed of certain or all species should be 
subject to this requirement or that the information pre­
scribed or authorized be distinct in some other way from 
any other information if the distinctive feature is expressly 
declared as such on the label or package. 88/380/EEC - Art. 7(13) 
4. In the case of varieties which are widely known on 1 
July 1970, reference may also be made on the label to any 
maintenance of the variety which has been or will be de­
clared in accordance with the provisions of Article 38 (2). 
It shall be prohibited to refer to any special properties 
which might be connected with such maintenance. 
The date shall be: 
— 1 Jury 1973 with regard to Denmark, Ireland and the 
United Kingdom; 
— 1 March 1981 with regard to Spain. 
This reference shall follow the varietal name, from which it 
shall be clearly separated, preferably by means of a dash. 
It shall not be given greater prominence than the varietal 
name. 
Only maintenances declared before the date so determined 
may be referred to on the label. 88/380/EEC - Art. 7(12) 
(adapted) 
Article 28 
Member States shall take all measures necessary to ensure 
that in the case of small packages of certified seed the 
identity of the seed can be verified, in particular at the 
time when seed lots are divided up. To this end, they may 
require that small packages made up in their territory be 
sealed officially or under official supervision. 
Article 29 
lj, Member States shall retain the right to require that in 
cases other than those provided for in Articles 22 and 27, 
packages of basic seed, certified seed or standard 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 additional information from the 
supplier, either printed on a label or stamped directly on 
the package.. Article 27 
70/458/EEC 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Article 28 
88/380/EEC - Art. 7(14) 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
2. In the case of basic and certified seed the label or the 
printing referred to under paragraph 1 shall be drawn up 
in such a manner that it cannot be confused with the offi­
cial label referred to in Article 27 (1). 
25 88/380/EEC - Art. 7(15) 
Article 30 
Member States shall require that any chemical treatment 
of basic seed, certified seed or standard seed be noted 
either on the official label or on the supplier's label and 
on the package or inside it. For small packages, this in­
formation may be printed directly on the package or inside 
it. Article 29 
70/458/EEC 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Article 31 
For the purpose of seeking improved alternatives to certain 
elements of the certification scheme adopted under this 
Directive, it may be decided to organize temporary experi­
ments under specified conditions at Community level in ac­
cordance with the procedures laid down in Article 42 (2). 
In the framework of such experiments, Member States may 
be released from certain obligations laid down in this Di­
rective. The extent of that release shall be defined with 
reference to the provisions to which it applies. The dur­
ation of an experiment shall not exceed seven years. Article 29a 
88/380/EEC - Art. 7(16) 
Article 32 
1. Member States shall ensure that basic seed and certi­
fied seed which have been officially certified and whose 
packages have been marked and sealed officially or under 
official supervision as prescribed in this Directive, and also 
certified seed made up in small packages and standard 
seed whose packages have been marked and sealed as pre­
scribed in this Directive, are subject to no marketing re­
strictions as regard their characteristics, examination ar­
rangements, marking and sealing other than those laid 
down in this Directive. 
2. Until such time as a decision has been taken under 
Article 21 (3) any Member State may upon application, 
which will be dealt with under Article 42 (2), be author­
ized to provide that after specified dates seed of certain 
species of vegetable may not be placed on the market un­
less it has been officially certified as 'basic seed' or 'certi­
fied seed'. Article 30 
70/458/EEC 
Corrigendum, English Special Edition, p.77 
78/55/EEC - Art 7(4) 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
3. Member States which have provided for exemptions 
in accordance with the provisions of point (a) of Article 21 
(5) shall ensure that bred seed of generations prior to 
basic seed are subject to no marketing restrictions on ac­
count of their characteristics, examination arrangements, 
marking and sealing, 
(a) if it has been officially checked by the competent 
certification authority in accordance with the provi­
sions applicable to basic seed, 72/418/EEC - Art. 6(10) 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.106 
26 
(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, 
— lût reference number, 72/418/EEC - Art. 6(10) 
Corrigendum, English Special Edition, p. 106 
Corrigendum, English Special Edition, p.106 
month and year of sealing, 
or 
month and year of the last official sampling for 
the purposes of certification, 78/692/EEC - Art. 7(5) 
— species, indicated at least in roman characters, 
under its botanical name, which may be given in 
abridged form and without the authorities' 
names, or under its common name, or both, 
— variety, indicated at least in roman characters, 88/380/EEC - Art. 7(17) 
— the description 'ore-basic seed', 
— number of generations preceding seed of the cat­
egory 'certified seed'. 
The label shall be white with a violet diagonal line. 72/418/EEC - Art 6(10) 
Corrigendum, English Special Edition, p.106 
Corrigendum, English Special Edition, p.106 
Article 33 
1. Member States shall provide that vegetable 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 point (d) of Article 34 (1), 
or which has been produced directly from the crossing 
of basic seed officially certified in a Member State 
with basic seed officially certified in such a third 
countty, and 
— which has been harvested in another Member State, 
shall, on request and without prejudice to the other provi­
sions of this Directive, be officially certified seed in any 
Member State if that seed has undergone field inspection 
satisfying the conditions laid down in Annex I for the rel­
evant category and if official examination 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 officially certified seed of generations prior to basic 
seed, Member States may also authorize official certifi­
cation as basic seed, if the conditions laid down for that 
category are satisfied. Article 31 
88/380/EEC - Art. 7(18) 
27 
2. Vegetable seed which has been harvested in another 
Member State, and which is intended for certification in 
accordance with the provisions laid down in paragraph 1, 
shall: 
— be packed and labelled with an official label satisfying 
the conditions laid down in Annex V (A) and (B), in 
accordance with the provisions laid down in Article 
26 (1), and 
— be accompanied by an official document satisfying the 
conditions laid down in Annex V (C). 
3. Member States shall also provide that vegetable 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 point (d) of Article 34 (1) 
or which has been produced directly from the crossing 
of basic seed officially certified in a Member State 
with basic seed officially certified in such a third 
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 was 
either produced or officially certified, if the seed has un­
dergone field inspection satisfying the conditions laid down 
in an equivalence decision made under point (a) of 
Article 34 (1) for the relevant category, and if official 
examination has shown that the conditions laid down in 
Annex II for the same category are satisfied. Other 
Member States may also authorize official certification of 
such seed. 88/380/EEC - Art. 7(18) 
Article 34 
1. The Council, acting by a qualified majority on a pro­
posal from the Commission, shall detennine whether: 
(a) the official examinations of varieties carried out in the 
third country afford the same assurances as those pro­
vided for in Article 7 and carried out in the Member 
States; 
(b) the checks on practices for the maintenance of the 
varieties carried out in the third country afford the 
same assurances as those carried out by the Member 
States; 
(c) in the cases referred to in Article 33, the field inspec­
tions in the third country satisfy the conditions laid 
down in Annex I; Article 32 
70/458/EEC 
28 
(d) vegetable seed harvested in a third country and af­
fording the same assurances as regards its characteris­
tics and the arrangements for its examination, for en­
suring identity, for marking and for control, is 
equivalent in these respects to basic seed, certified 
seed or standard seed harvested within the Commun­
ity and complying with the provisions of this Direc­
tive. 70/458/EEC 
Corrigendum, English Special Edition, p.77 
2. Paragraph 1 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 Di­
rective. 72/274/EEC - Art. 2 
Article 35 
1. In order to remove any temporary difficulties in the 
general supply of basic seed, certified seed or standard 
seed that occur in one or more Member States and cannot 
be overcome within the Community, one or more Member 
States may be authorized, in accordance with the pro­
cedure laid down in Article 42 (2), to permit, for a speci­
fied period, the marketing of seed of a category subject to 
less stringent requirements, or of seed of varieties not in­
cluded in the 'Common Catalogue of Varieties of Veg­
etable Species' or in their national catalogues of varieties. Article 33 
72/418/EEC - Art. 6(11) 
2. For a category of seeds of any given variety, the offi­
cial label or the supplier's label shall be that provided for 
the corresponding category; in all other cases, it shall be 
brown. The label shall always state that the seed in ques­
tion is of a category satisfying less stringent requirements. 70/458/EEC 
3. Rules for the application of paragraph 1 may be 
adopted in accordance with the procedure laid down in Ar­
ticle 42 (2). 88/332/EEC - Art. 8 
Article 36 
Jj Member States shall make suitable arrangements for 
vegetable seed to be officially verified, at least by 
sampling, as regards its compliance with the requirements 
of this Directive. Article 35 
70/458/EEC — 72/418/EEC - Art 6(12) 
29 
N 
2. 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, 
(e) 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 42 (2). 72/418/EEC - Art. 6(13) 
Article 37 
Member States shall ensure that seed of the categories 
'certified seed' and 'standard seed' is subject to official 
post-control in the field by inspection to compare their 
varietal identity and varietal purity against standard 
controls. 
Article 38 
1. Member States shall ensure that the persons respon­
sible for affixing the labels for standard seed intended for 
marketing: 
(a) inform them of the dates when their activities begin 
and end; 
(b) keep records of all lots of standard seed and make 
them available to the Member States for not less than 
three years; 
(c) make available to Member States for not less than 
two years a control sample of seed of varieties for 
which maintenance is not required; 
(d) draw samples from each lot intended for marketing 
and make them available to Member States for not 
less than two years. 
The operations referred to in points (b) and (d) shall be 
subject to official checks carried out on a random basis. 
The obligation laid down in point (c) shall apply only to 
producers. 
2. Member States shall ensure that any person intending 
in accordance with Article 27 (4) to make reference to a 
given maintenance of a variety state this intention in ad­
vance. Article 36 
70/458/EEC 
Corrigendum, English Special Edition, p.77 
Article 37 
72/418/EEC - Art. 6(14) 
88/380/EEC - Art. 7(19) 
30 
Article 39 
1. If it is repeatedly found, during post-control tests car­
ried out in the field, that seed of any one variety does not 
adequately satisfy the conditions laid down in respect of 
varietal identity purity, Member States shall ensure that 
the person marketing it is wholly or partially forbidden to 
market such seed (where appropriate, for a specified 
period). 
2. Any measures taken under paragraph 1 shall be with­
drawn as soon as it has been established with adequate 
certainty that the seed intended for marketing will in fu­
ture satisfy the conditions as to varietal identity and vari­
etal purity. 70/458/EEC Article 38 
Corrigendum, English Special Edition, p.77 
Article 40 
1. Community comparative tests shall be carried out 
within the Community for the post-control examination of 
samples of basic seed, with the exception of that of hybrid 
and synthetic varieties, and of certified or standard veg­
etable seed, taken during 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 42 (1). Article 39 
71/162/EEC - Art. 6(1) 
Corrigendum, English Special Edition, p. 87 
2. These comparative tests shall be used to harmonize 
the technical methods of certification and post-control so 
as to obtain results which are equivalent Progress reports 
shall be made on the tests and sent in confidence to the 
Member States and to the Commission. The Commission 
shall, in accordance with the procedure laid down in Ar­
ticle 42 (2), set the date for the first report. 
3. The Commission, acting in accordance with the pro­
cedure laid down in Article 42 (2), shall make the 
necessary arrangements for the comparative tests to be 
carried out. Vegetable seed harvested in third countries 
may be included in the comparative tests. 70/458/EEC 
(adapted) 
Article 41 
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 42 (2). Article 40a 
73/438/EEC - Art. 6(4) 
Article 42 
1. The Commission shall be assisted by the Standing Com­
mittee on Seeds on Propagating Material for Agriculture, 
and Forestry set up by Council Decision 66/399/EEC W. 
(!) OJ No 125,11.7.1966, p. 2289/66. 
31 87/373/EEC 
(adapted) 
2. The representative of the Commission shall submit a 
draft of the measures to be taken. The Committee shall 
deliver its opinion on the draft within a time limit which 
the chairman may lay down according to the urgency of 
the matter. The opinion shall be delivered by the majority 
laid down in Article 148 (2) of the Treaty in the case of 
decisions which the Council is required to adopt on a pro­
posal from the Commission. The votes of the representa­
tives of the Member States within the Committee shall be 
weighted in the manner set out in that Article. The chair­
man shall not vote. 
The Commission shall 
immediately. However, 
ance with the opinion 
communicated by the 
with. In that event, the 
of the measures which 
more than one month 
tion. adopt measures which shall apply 
if these measures are not in accord-
of the Committee, they shall be 
Commission to the Council forth-
Commission may defer application 
it has decided for a period of not 
from the date of such communica-
The Council, acting by a qualified majority, may take a 
different decision within the time limit referred to in the 
second subparagraph. 87/373/EEÇ 
(adapted) 
3. The Committee, on request by the chairman or of 
one of the Member States, may examine any questions rel­
evant to the subject matter of this Directive. 69/399/EEC - Art. 2 
(adapted) 
Article 43 
Save as otherwise provided in Article 18 and in Annexes I 
and II, 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 or commercial property. Article 41 
70/458/EEC 
Article 44 
Upon application by a Member State, which will be dealt 
with as provided in Article 42 (2), that State may be 
wholly or partially released from the obligation to apply 
the provisions of this Directive, save where this would run 
counter to the provisions laid down in Article 17 (1) and 
in Article 32 (1): 
(a) to the following species: 
Anthriscus cerefolium (L.) 
Hoffrn. 
Asparagus officinalis L. 
Beta vulgaris L. var. vulgaris 
Brassica oleracea L. convar. 
acephala (DC.) Alef. var. 
sabellica L. 
Brassica oleracea L. convar. 
botrytis (L.) Alef. var. botry-
tisL. Article 42 
Chervil 
Asparagus 
Spinach beet, chard 
Curly kale 
Cauliflower 72/418/EEC - Art. 6(15) 
(adapted) 
32 
Brassicapekjnensis (Lour.) Chinese cabbage 
Rupr. 88/380/EEC - Art 7(20) 
(adapted) 
Brassica oleracea L, convar. 
botrytis (L.) Alef. var.cymo-
sa Duch. Sprouting broccoli or ca-
labrese 72/418/EEC - Art. 6(15) 
(adapted) 
Cichorium intybus L. (par­
tim) Witloof chicory 
large-leaved chicory 
(Italian chicory) 
Industrial chicory 88/380/EEC - Art. 7(20) 
(adapted) 
Citndlus lanatus (Thunb.) 
Matsum. et Nakai 
Foeniculum vulgare Miller 
Scorzonera hispanica L. Water melon 
Fennel 
Scorzonera or Black sal­
sify 
(b) to other species which are not normally reproduced 
or marketed in its territory. 72/418/EEC - Art. 6(15) 
(adapted) 
Article 45 
1. The Directives listed in Annex VI Part A, are hereby 
repealed without prejudice to the obligations of the 
Member States concerning the deadlines for transposition 
of the said Directives set out in Annex VI Part B. 
2. References to the repealed Directives shall be con­
strued as references to this Directive and should be read 
in accordance with the correlation table set out in 
Annex VTJ. 
Article 46 
This Directive shall enter into force the twentieth day fol­
lowing that of its publication in the Official Journal of the 
European Communities. 
Article 26 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council, 
The President 
33 
ANNEX I 
CONDITIONS FOR CROP CERTIFICATION 
1. The crop shall have sufficient varietal identity and va­
rietal purity. 
2. In the case of basic seed, at least one official field 
inspection shall be carried out. In the case of certified 
seed, at least one field inspection shall be carried out, 
officially controlled by means of check inspection of 
at least 20% of the crop of each species. 
3. The cultural condition of the field and the stage of 
development of the CTop shall be such as to permit 
varietal identity and varietal purity and health status 
to be adequately checked. 
4. The minimum distances from neighbouring plants 
which might result in undesirable foreign pollination 
shall be: 70/458/EEC 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
Corrigendum, English Special Edition, p.77 
A. Beta vulgaris 
1. From any pollen sources of the 
genus Rciu not included below. 
2. From pollen sources of varieties 
of the same subspecies belonging 
to a different group of varieties: 
(a) for basic seed 
(b) for certified seed 
3. From pollen sources of varieties 
of the same subspecies belonging 
to the same group of varieties: 
(a) for basic seed 
(b) for certified seed 1000 
metres; 
1000 
metres, 
600 
metres; 
600 
mettes, 
300 
metres. 
The groups of varieties referred to in 2 and 3 
shall be determined in accordance with the 
procedure laid down in Article 42 (2). 87/481//EEC - Art. 1(1) 
Bj Brassica species 
From sources of foreign pollen li­
able to cause serious deteriora­
tion of varieties of Brassica spe­
cies: 70/458/EEC — 87/481/EEC Art. 1(2) 
34 
(a) for basic seed 
(b) for certified seed 
From other sources of foreign 
pollen liable to cross with vari­
eties of Brassica species: 
(a) for basic seed 
(b) for certified seed 1000 
metres, 
600 
metres; 
500 
metres, 
300 
metres. 70/458/EEC 
C. Industrial chicory 
1. From other species of the same 
genera or subspecies 
2. From another variety of indus­
trial chicory: 
- for basic seed 
- for certified seed 1000 
metres; 
600 
metres, 
300 
metres. 88/380/EEC Art. 7(21) 
D. Other species 
1. From sources of foreign pollen li­
able to cause serious deteriora­
tion of varieties of other species 
as a result of cross-fertilization: 
(a) for basic seed 
(b) for certified seed 
2. From other sources of foreign 
pollen liable to cross with vari­
eties of other species as a result 
of cross-fertilization: 
(a) for basic seed 
(b) for certified seed 500 
metres, 
300 
metres; 
300 
metres, 
100 
metres. 
These distances can be disregarded if there is 
sufficient protection from any undesirable foreign 
pollination. 
Diseases and harmful organism which reduce the use­
fulness of the seed shall be at the lowest possible level. 70/458/EEC 
35 
3. ANNEX II 
CONDITIONS TO BE SATISFIED BY THE SEED 
The seeds shall have sufficient varietal identity and 
varietal, purity 
Diseases and harmful organisms which reduce the 
usefulness of the seed shall be at the lowest possible 
level. 
The seeds shall also satisfy the following conditions: 
(a) Standards 
Species 
Allium cepa 
Allium porrum 
Anthriscus cerefolium 
Apium graveolens 
Asparagus officinalis 
Beta vulgaris (Chelten­
ham beet) 
Beta vulgaris (other 
than Cheltenham beet) 
Brassica oleracea (cauli­
flower) 
Brassica oleracea (other 
subspecies) 
Brassica pekinensis 
Brassica rapa 
Capsicum annuum 
Cichorium intybus (par­
tim) (Witloof chicory. 
large-leaved chicory 
(Italian chicory)) Mini­
mum 
analyti­
cal 
purity 
(%by 
weight) 
97 
97 
96 
97 
96 
97 
97 
97 
97 
97 
97 
97 
95 Maxi­
mum 
content 
of seeds 
of other 
plant 
species 
(%by 
weight) 
0,5 
0,5 
1 
1 
0,5 
0,5 
0,5 
1 
0,5 
1,5 Mini­
mum 
germi­
nation 
(% clus­
ters or 
pure 
seed) 
70 
65 
70 
70 
70 
70 
70 
(clus­
ters) 
70 
75 
80 
65 
65 70/458/EEC 
Corrigendum, English Special Edition, p.77 
88/380/EEC - Art. 7(22) 
88/380/EEC - Art. 7(22) 
87/120/EEC Art. 5(2) 
87/120/EEC Art. 5(2) 
75 88/380/EEC Art. 7(23) 
70/458/EEC 
88/380/EEC Art. 7(23) 
36 
Species 
Cichorium intybus (par­
tim) (industrial chicory) 
Cichorium endivia 
Citndlus lanatus 
Cucumis melo 
Cucumis sativus 
Cucurbita maxima 
Cucurbita pepo 
Cynara cardunculus 
Daucus carota 
Foeniculum vulgare 
Lactuca sativa 
Lycopersicon lycopersi-
cum 
Petroselinum crispum 
Phaseolus coccineus 
Phaseolus vulgaris 
Pisum sativum 
Raphanus sativus 
Scorzonera hispanica 
Solanum melongena 
Spinacia oleracea 
Valerianella locusta 
Vicia faba Mini­
mum 
analyti­
cal 
purity 
(%by 
weight) 
97 
95 
98 
98 
98 
98 
98 
96 
95 
96 
95 
97 
97 
98 
98 
98 
97 
95 
96 
97 
95 Maxi­
mum 
content 
of seeds 
of other 
plant 
species 
(%by 
weight) 
1 
0,1 
0,1 
0,1 
0,1 
0,1 
0,5 
1 
1 
0,5 
0,5 
1 
0,1 
0,1 
0,1 
1 
1 
0,5 
1 
1 
0,1 Mini­
mum 
germi­
nation 
(% clus­
ters or 
pure 
seed) 
80 
65 
75 
75 
80 
80 
75 
65 
65 
70 
75 
75 
65 
80 
75 
80 
70 
70 
65 
75 
65 
80 70/458/EEC 
88/380/EEC Art. 7(23) 
70/458/EEC 
79/641/EEC Art. 4(3) 
86/155/EEC Art. 6(9) 
70/458/EEC 
86/155/EEC Art 6(9) 
70/458/EEC 
79/641/EEC Art. 4(3) 
79/641/EEC Art. 4(3) 
37 
(b) Additional requirements 
(i) legume seed shall not be contaminated by the 
following live insects: 
Acanthoscelides obtectus Sag. 
Bruchus affinis Froel. 
Bruchus atomarius L. 
Bruchus pisorum L. 
Bruchus rufimanus Boh. 
(ii) seed shall not be contaminated by live Acarina. 70/458/EEC 
38 
ANNEX m 
1. Maximum weight of a seed lot 
(a) Seeds of a size not less than that of a 20 metric 
grain of wheat tons 
(b) Seeds of a size smaller than a grain of 10 metric 
wheat tons 70/458/EEC 
The maximum lot weight shall not be exceeded by 
more than 5 %. 87/120/EEC - Art. 5(3) 
2. Minimum weight of a sample 
Species 
Allium cepa 
Allium porrum 
Anthriscus cerefolium 
Apium graveolens 
Asparagus officinalis 
Beta vulgaris 
Brassica oleracea Weight (in g) 
25 
20 
20 
5 
100 
100 
25 73/438/EEC - Art. 6(5) 
Brassica pekinensis 20 88/380/EEC - Art. 7(24) 
Brassica rapa 20 
Capsicum annuum 40 
Cichorium intybus (partim) (Witloof chico­
ry, large-leaved chicory (Italian chicory)) 15 73/438/EEC - Art. 6(5) 
88/380/EEC - Art. 7(24) 
Cichorium intybus (partim) (industrial 
chicory) 50 88/380/EEC - Art. 7(24) 
Cichorium endivia 
Citrullus lanatus 
Cucumis melo 
Cucumis sativus 15 
250 
100 
25 73/438/EEC - Art. 6(5) 
79/641/EEC - Art. 4(3) 
Cucurbita maxima 
Cucurbita pepo 
Cynara cardunculus 250 86/155/EEC - Art. 6(10) 
150 73/438/EEC - Art.. 6(5) 
50 86/155/EEC - Art. 6(10) 
Daucus carota 
Foeniculum vulgare 
Lactuca sativa 
Lycopersicon tvcopersicum 10 
25 
10 
20 73/438/EEC - Art. 6(5) 
79/641/EEC - Art. 4(3) 
39 
Petroselinum crispum 
Phaseolus coccineus 
Phaseolus vulgaris 
Pisum sativum 
Raphanus sativus 
Scorzonera hispanica 
Solanum melongena 
Spinacia oleracea 
Valerianella locusta 
Vicia faba 10 
1000 
700 
500 
50 
30 
20 
75 
20 
1000 
In the case of F-l hybrid varieties of the above spe­
cies, the minimum weight of the sample may be de­
creased to a quarter of the specified weight. However 
the sample must have a weight of at least 5 g and 
consist of at least 400 seeds. 73/438/EEC - Art. 6(5) — 79/641/EEC - Art 4(3) 
40 
ANNEX IV 
Label 
A. Official label 0>asic seed and certified seed, exclud­
ing small packages) 
(a) Required information 70/458/EEC 
Corrigendum, English Special Edition, p.77 
1. TfEC rules and standards.' 
2. Certification authority and Member State or 
their initials. 
3. Month and year of sealing expressed thus: 
'sealed../ (month and year), 
or 
month and year of the last official sampling 
for the purposes of certification expressed 
thus: 'sampled...' (month and year). 
4. Reference number of lot 
5. Species indicated at least in roman char­
acters, under its botanical name, which may 
be given in abridged form and without the 
authorities' names, or its common name, or 
both. 
6. Variety, indicated at least in roman cha­
racters. 
7. Category. 
8. Country of production. 
9. Declared net pr gross weight or declared 
number of seeds. 
10. 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 be­
tween the weight of clusters or pure seeds 
and total weight. 78/692/EEC - Art 7(6) 
88/380/EEC - Art 7(25) 
88/380/EEC - Art 7(26) 
11. In the case of varieties which are hybrids or 
inbred lines: 
— for basic seed where the hybrid or 
inbred line to which the seed belongs 
has been officially accepted under this 
Directive: 
the name of this component, under 
which it has been officially accepted, 
with or without reference to the final 
variety, accompanied, in the case of hy­
brids or inbred lines which are in­
tended solely as components for final 
varieties, by the word 'component', 88/380/EEC - Art 7(27) 
41 
— for basic seed in other cases: 
the name of the component to which 
the basic seed belongs, which may be 
given in code form, accompanied by a 
reference to the final variety, with or 
without reference to its function (male 
or female), and accompanied by the 
word 'component', 
— for certified seed: 
the name of the variety to which the 
seed belongs, accompanied by the word 
"hybrid'. 88/380/EEC - Art. 7(27) 
12. Where at least germination has been ret-
ested, the words 'retested . . .'; (month and 
year) may be indicated. 78/692/EEC - Art. 7(6) 
(b) Minimum dimensions 
110 x 67 mm 
Supplier's label or inscription on the packages (stan­
dard seed and small packages of the category 'certi­
fied seed') 
(a) Required information 70/458/EEC 
Corrigendum, English Special Edition, p.77 
1. TfEC rules and standards.' 
2. Name and address of the person responsible 
for affixing the labels or his identification 
mark. 
3. Marketing year of the sealing or of the last 
examination of germination. The end of the 
marketing year may be indicated. 
4. Species, indicated at least in roman char­
acters. 
5. Variety, indicated at least in roman char­
acters. 
6. Category: in the case of small packages, 
certified seed may be marked with the letter 
'C or 'Z' and standard seed with the letters 
'ST. 
7. Reference number given by the person re­
sponsible for affixing the labels - in the 
case of standard seed. 
8. Reference number enabling the certified lot 
to be identified - in the case of certified 
seed. 78/692/EEC - Art. 7(7) 
88/380/EEC - Art. 7(28) 
88/380/EEC - Art. 7(29) 
42 
9. Declared net or gross weight or declared 
number of seeds, except for small packages 
of up to 500 grams. 
10. 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 be­
tween the weight of clusters or pure seeds 
and the total weight. 78/692/EEC - Art. 7(7) 
(b) Minimum dimensions of the label (excluding small 
packages) 
110 x 67 mm. 70/458/EEC 
Corrigendum, English Special Edition, p.77 
43 
ANNEX V 
Label and document provided in the case of seed not 
finally certified, harvested in another Member State 
A. Information required for the label 
— authority responsible for field inspection and 
Member State or their initials, 
— species, indicated at least in roman characters, 
under its botanical name, which may be given in 
abridged form and without the authorities' 
names, or under its common name, or both, 
— variety, indicated at least in roman characters, 
— category, 
— field or lot reference number, 
— declared net or gross weight, 
— the words 'seed not finally certified'. 
B. Colour of the label 
The label shall be grey. 
C. Information required for the document 
— authority issuing the document, 
— species, indicated at least in roman characters, 
under its botanical name, which may be given in 
abridged form and without the authorities' 
names, or under its common name, or both, 
— 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 lot or reference number, 
— area cultivated for the production of the lot cov­
ered by the document, 
— quantity of seed harvested and number of pack­
ages, 
— 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. 88/380/EEC - Art. 7(30) 
44 
Directive 70/458/EEC 
and its successive amendments ANNEX VI 
Part A 
Repealed Directives 
(referred to by Article 45) 
Directive 71/162/EEC 
Directive 72/274/EEC 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 72/418/EEC 
73/438/EEC 
76/307/EEC 
78/55/EEC 
78/692/EEC 
79/641/EEC 
79/692/EEC 
79/967/EEC 
80/1141/EEC 
86/155/EEC 
87/120/EEC 
87/481/EEC 
88/332/EEC 
88/380/EEC 
90/654/EEC only Article 6 
only concerning references made to Article 1 and 2 
on the provisions of Directive 70/458/EEC 
only Article 6 
only Article 6 
only Article 2 
only Article 7 
only Article 7 
only Article 4 
only Article 4 
only Article 3 
only Article 2 
only Article 6 
only Article 5 
only Article 8 
only Article 7 
only concerning references made to Article 2 and to 
Annex II (I) (7) on the provisions of Directive 
70/458/EEC 
45 
Part B 
Deadlines for transposition into national law 
(referred to by Article 45) 
Directive Deadline for transposition 
70/458/EEC (OJ No 225,12. 10.1970, p. 7) 
71/162/EEC (OJ No L 87,17. 4.1971, p. 24) 
72/274/EEC (OJ No L 171, 29. 7.1972, p. 37) 
72/418/EEC (OJ No L 287, 26.12.1972, p. 22) 
73/438/EEC (OJ No L 356, 27.12.1973, p. 79) 
76/307/EEC (OJ No L 72,18. 3.1976, p. 16) 
78/55/EEC (OJ No L16, 20.1.1978, p. 23) 
78/692/EEC (OJ No L 236, 26. 8.1978, p. 13) 
79/641/EEC (OJ No L 183,19. 7.1979, p. 13) 
79/692/EEC (OJ No L 205,13. 8.1979, p. 1) 
79/967/EEC (OJ No L 293, 20.11.1979, p. 16) 
80/1141/EEC (OJ No L 341,16.12.1980, p. 27) 
86/155/EEC (OJ No L118, 7. 5.1986, p. 23) 
87/120/EEC (OJ No L 49,18. 2,1987, p. 39) 
87/481/EEC (OJ No L 273, 26. 9.1987, p. 45) 
88/332/EEC (OJ No L 151,17. 6.1988, p. 82) 
88/380/EEC (OJ No L 187,16. 7.1988, p. 31) 
90/654/EEC (OJ No L 353,17.12.1990, p. 48) July 1972 ID (2) 
July 1972 
July 1972 (Article 1) 
January 1973 (Article 2) 
January 1973 (Article 6 (13) and (18)) 
July 1972 (other provisions) 
January 1974 (Article 6 (4)) 
July 1974 (other provisions) 
July 1975 
July 1977 (Article 7 (5)) 
July 1979 (other provisions) 
July 1977 
July 1980 
July 1977 
July 1982 
July 1980 
March 1986 (Article 6 (3) and (8)) 
July 1987 (other provisions) 
July 1988 
July 1989 
July 1982 (Article 7 (9)) 
January 1986 (Article 7 (6) and (10)) 
July 1992 (Article 7 (18)) 
July 1990 (other provisions) 
W For Denmark, Ireland and the United Kingdom, 1 Jury 1973; for Greece, 1 January 1986; for Spain, 1 March 1986; and for 
Portugal, 1 January 1991. 
(2) 1 January 1995 for Austria, Finland and Sweden. 
However: 
- Finland and Sweden may postpone until 31 December 1995 at the latest the application in their territories of this Directi­
ve with regard to the marketing in their territories of seeds of varieties listed in their respective national catalogues of 
varieties of agricultural plant species and varieties of vegetable plant species which have not been officially accepted in 
accordance with the provisions of this Directive. Seeds of such varieties shall not be allowed to be marketed in the 
territory of the other Member States during this period; 
- varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are listed in both the 
respective national catalogues of Finland and Sweden and in the common catalogues, shall not be subject to any marketing 
restrictions as regards variety; 
- throughout the period mentioned in the first indent, those varieties in the respective national catalogues of Finland and 
Sweden which have been officially accepted in accordance with the provisions of the abovementioned Directive shall be 
included in the common catalogues of varieties of agricultural or vegetable plant species, respectively. 
46 
ANNEX VII 
CORRELATION TABLE 
Directive 70458/402/EEC This Directive 
Article 1 
Article 34 
Article 2 (1) 
Article 2 (la) 
Article 2 (lb) 
Article 2 (lc) 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 (1) 
Article 9 (2) 
Article 9 (2a) 
Article 9 (3) 
Article 10 
Article 11 
Article 12 
Article 13 
Article 13a 
Article 14 
Article 15 
Article 16 
Article 17 
Article 18 
Article 19 
Article 20 (1) 
Article 20 (la) 
Article 20 (2) 
Article 20 (3) 
Article 20 (4) 
Article 21 
Article 22 ' 
Article 23 
Article 24 
Article 25 
Article 26 (1) 
Article 26 (la) 
Article 26 (lb) 
Article 26 (2) 
Article 27 
Article 28 
Article 29 
Article 29a Article 1, first subparagraph 
Article 1, second subparagraph 
Article 2 (1) 
Article 2 (2) 
Article 2 (3) 
Article 2 (4) 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 (1) 
Article 9 (2) 
Article 9 (3) 
Article 9 (4) 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 
Article 15 
Article 16 
Article 17 
Article 18 
Article 19 
Article 20 
Article 21 (1) 
Article 21 (2) 
Article 21 (3) 
Article 21 (4) 
Article 21 (5) 
Article 22 
Article 23 
Article 24 
Article 25 
Article 26 
Article 27 (1) 
Article 27 (2) 
Article 27 (3) 
Article 27 (4) 
Article 28 
Article 29 
Article 30 
Article 31 
47 
Article 30 
Article 31 
Article 32(1) 
Article 32 (3) 
Article 33 
Article 35 
Article 36 
Article 37 
Article 38 
Article 39 
Article 40a 
Article 40 
Article 41 
Article 42 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 1(1) 
1(2) 
1(3) 
I (4) (A) 
I(4)(Aa) 
I (4) (Ab) 
I(4)(B) 
1(5) 
II 
m 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (a 
IV (A) (b 
IV (B) 
V 1) 
2) 
3) 
4) 
5) 
6) 
7) 
8) 
9) 
10) 
10a) Article 32 
Article 33 
Article 34(1) 
Article 34 (2) 
Article 35 
Article 36 
Article 37 
Article 38 
Article 39 
Article 40 
Article 41 
Article 42 
Article 43 
Article 44 
Article 45 
Article 46 
Article 47 
ANNEX I (1) 
ANNEX I (2) 
ANNEX I (3) 
ANNEX I (4) (A) 
ANNEX I (4) (B) 
ANNEX I (4) (C) 
ANNEX I (4) (D) 
ANNEX I (5) 
ANNEXn 
ANNEX in 
ANNEX IV (A) (a 
ANNEX IV (A) (a 
ANNEX IY (A) (a 
ANNEX IV (A) (a 
ANNEX IV (A) (a 
ANNEX IV (A) (a 
ANNEX IV (A) (a 
ANNEX TV (A) (a 
ANNEX TV (A) (a 
ANNEX IV (A) (a 
ANNEX IV (A) (a 
ANNEX TV (A) (a 
ANNEX IV (A) (b 
ANNEX IV (B) 
ANNEX V 
ANNEX VI 
ANNEX VII 1) 
2) 
3) 
4) 
5) 
6) 
7) 
8) 
9) 
10) 
11) 
12) 
48 
Proposal for a 
COUNCIL DIRECTIVE 
on the marketing of cereal seed 
(consolidated version) 
Uc°\ 
EXPLANATORY MEMORANDUM 
1. When considering how Community law could be made simpler and more transparent, 
Parliament, the Commission and the Council found themselves confronted with an 
over-abundance of legislative instruments which had been amended several times, 
often substantially, and unanimously agreed on the need for working method which 
would use legislative consolidation as a means of achieving greater clarity and trans­
parency, j, 
2. On 1 April 1987 the Commission therefore decided to instruct its staff that all legis­
lative measure should be consolidated after no more than ten amendments, stressing 
that this was a minimum requirement and that departments should endeavour to con­
solidate at even shorter intervals the texts for which they were responsible, to ensure 
that the Community rules were clear and readily understandable. 
3. The conclusions of the Presidency of the Edinburgh European Council reaffirmed 
these points, stressing that "official codification is important because it provides legal 
security as to the law which is applicable at a certain moment concerning a specific 
issue." To ensure not only the quality and the legal security of the texts consolidated, 
it was also suggested that "a jointly acceptable accelerated working method should be 
sought allowing codified Community law (replacing existing legislation without chang­
ing its substance) to be adopted in a speedy and efficient way". 
4. The proposed consolidated version of Council Directive 66/402/EEC of 14 June 1966 
on the marketing of cereal seed forms part of a much larger programme of consolida­
tion of the provisions on seeds and propagating material for agriculture, horticulture 
and forestry. It has been drafted in accordance with the fundamental principles agreed 
by Council, Parliament and the Commission in 1974; it aims at legislative consolida­
tion: the existing Directives would be replaced by one new one, which would leave 
their substance untouched but would assemble them into a single text, with only the 
formal amendments required by the operation itself t1). This codified text will serve as 
the basis for future legislative developments in this field. 
5. Certain provisions of Directive 66/402/EEC refer to "EEC standards". 
The Treaty on European Union replaced the expression "European Economic Com­
munity" by "European Community" in the Treaty; the same should now be done in 
the above provisions. 
This may be regarded as a purely formal amendment, but the Member States must 
none the less transpose it into national legislation if firms are to use labels referring 
to the EC rather than EEC. Moreover, there could be a financial impact for these 
firms if they were required to begin using the new labels forthwith. 
For these reasons, and since consolidating directives do not need to be transposed, the 
original provisions being presumed to have transposed within the time allowed, it 
would appear possible to incorporate this amendment in the consolidation proposal 
as a purely formal adjustment 
The Commission will accordingly present a separate proposal for the amendment of 
Directive 66/402/EEC replacing "EEC" by "EC". 
This amendment and those already proposed to the Council will, following adoption, be 
incorporated in the consolidation proposal which should then be before the Council. 
6. This consolidation proposal was drawn up on the basis of a preliminary consolidation, 
in all the official languages, of Directive 66/402/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means of data-processing system referred to in the conclusions of the European Coun­
cil meeting at Edinburgh. Although the articles have been given new numbers, the 
former number is printed alongside in each case for the reader's convenience; the 
correlation between the old and new numbers is shown in a table contained in Annex 
VII to the consolidated Directive. 
(;> Annex VI, part A of this proposal. 
so 
Proposal for a 
COUNCIL DIRECTIVE J.JEC 
of 
on the marketing of cereal seed ns'fo^n £ct^ 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment (l\ 
Having regard to the opinion of the Economic and So­
cial Committee (2), 
1) Whereas Council Directive 66/402/EEC of 14 June 1966 
on the marketing of cereal seed (3) has been frequently 
and substantially amended; whereas for reasons of clarity 
and rationality the said Directive should be consolidated; 
2) Whereas cereal production occupies an important place 
in the agriculture of the Community; 
3) Whereas satisfactory results in cereal cultivation depend 
to a large extent on the use of appropriate seed; whereas 
to this end certain Member States have for some time 
restricted the marketing of cereal seed to high-quality 
seed; whereas they have been able to take advantage of 
the systematic plant selection work carried out over sev­
eral decades which has resulted in the development of 
sufficiently stable and uniform cereal varieties which, by 
reason of their characteristics, promise to be of great 
value for purposes in view; 
4) Whereas greater productivity will be obtained in Com­
munity cereal cultivation if for the choice of varieties 
permitted to be marketed the Member States apply uni­
form rules which are as stria as possible; whereas a 
common catalogue of varieties of agricultural plant 
species is therefore provided for in Council Directive 
95/.. TEC (4>; 66/402/EEC 
71/162/EEC 
[70/457/EEC] 
(1) OJNoC... 
(2) OJ No C ... 
(3) OJ No 125, 11.7. 1966, p. 2309/66; as last amended by Com­
mission Directive 95/6/EC (OJ No L 67, 25. 3.1995, p. 30). 
(4) See page ... of this Official Journal. 
5) Whereas it is, however, justifiable to restrict marketing 
to certain varieties only if the farmer can be sure of 
actually obtaining seed of those varieties; 
6) Whereas certain Member States have for this purpose 
been applying certification schemes which are intended 
by official verification to ensure the identity and purity 
of the varieties; 
7) Whereas such schemes already exist at international 
level; whereas the Food and Agriculture Organisation of 
the United Nations has recommended minimum stan­
dards for the certification of maize seed in European 
and Mediterranean countries; whereas, furthermore, the 
Organisation for Economic Co-operation and Develop­
ment has established a scheme for the varietal certifi­
cation of herbage seed moving in international trade; 
8) Whereas it is desirable to establish a uniform certifi­
cation scheme for the Community based on the experi­
ence gained in the application of those schemes; whereas 
the Community scheme should therefore apply to 
marketing both in other Member States and on domestic 
markets; 
9) . Whereas, as a general rule, cereal seed should be al­
lowed to be marketed only if it has been officially exam­
ined and certified, in accordance with the rules for certi­
fication, as basic seed or certified seed; whereas the 
choice of the technical terms "basic seed' and 'certified 
seed' is based on already existing international terminol­
ogy; 
10) Whereas cereal seed which is not placed on the market 
should not, in view of its minor economic importance, be 
subject to Community rules; whereas Member States 
must retain the right to make such seed subject to 
special provisions; 
11) Whereas, if certain species of seed are not normally re­
produced or marketed in the territory of a Member 
State, provision should be made for release of that State, 
under the procedure of the Standing Committee on 
Seeds and Propagating Material for Agriculture, Horti­
culture and Forestry, from the obligation to apply that 
Directive in respect of the species in question; 
12) Whereas Community rules should not apply to seed 
shown to be intended for export to third countries; 
13) Whereas, in order to improve not only the genetic qual­
ity of Community cereal seed but also its external char­
acteristics, certain conditions should be laid down as to 
analytical purity, germination and health status; 10. 
11. 
12. 66/402/EEC 
69/60/EEC 
66/402/EEC 
51 
14) Whereas it is appropriate to authorize the Member 
States, in certain circumstances, to admit for marketing 
seed of generation prior to basic seed derogating from 
the established principle that only seed officially certified 
as 'basic seed' or 'certified seed' are permitted to be 
marketed; 
15) Whereas, in order to ensure identity of the seed, Com­
munity rules on packaging, sampling, sealing and mark­
ing must be established; whereas to this end the labels 
should give the particulars needed both for official verifi­
cation and for the information of the farmer and should 
clearly show the Community nature of the certification; 
whereas in the case of cereal seed provision should be 
made for the possibility of special marking ccraœrning 
the presence of Avena fatua; 
16) Whereas certain Member States need mixtures of cereal 
seed of various species for special uses; whereas, in 
order to take these needs into account, Member States 
should be authorized to approve such mixtures provided 
that precautions are taken to guarantee that the quality 
of the seed or of the final product is not affected; 
17) Whereas, in order to ensure that both the requirements 
as to the quality of the seed and the provisions for en­
suring its identity are complied with during marketing, 
Member States must make provision for appropriate 
control arrangements; 
18) Whereas seed satisfying these requirements should, with­
out prejudice to Article 36 of the Treaty, be subject to 
no marketing restrictions other than those provided for 
in Community rules, except in those cases where Com­
munity rules provide for tolerances in respect of harmful 
organisms; 
19) Whereas, restrictions include in particular the obligation 
of the Member States to restrict the marketing of seed 
to those varieties allowed by the common catalogue pro­
vided for by Directive 95/.. ./EC; 
20) Whereas, subject to certain conditions, seed multiplied in 
another country from basic se^ed certified in a Member 
State should be recognized as equivalent to seed multi­
plied in that Member State; 13. 
2. 
14. 
+ 
4. 
15. 
16. 
17. 
18. 73/438/EEC 
(adapted) 
66/402/EEC 
79/692/EEC 
(adapted) 
66/402/EEC 
(adapted) 
[70/457/EEC] 
53 
21) Whereas, on the other hand, provision should be made 
for authorizing the marketing within the Community of 
cereal seed harvested in third countries only if such seed 
affords the same assurances as seed officially certified in 
the Community and complying with Community rules; 
22) Whereas, during periods in which there are difficulties in 
obtaining supplies of certified seed of the various cat­
egories, seed of an inferior quality should be temporarily 
permitted to be marketed, and also seeds of varieties not 
included either in the common catalogue or in the 
national catalogue of varieties; 
23) Whereas, in order to harmonize the technical methods 
of certification used in the Member States and to enable 
comparisons to be made between seed certified within 
the Community and that coming from third countries, 
Community test fields should be established in Member 
States to permit annual post-control of seed of the vari­
ous categories of 'certified seed'; 
24) Whereas for the exercise of implementation powers con­
ferred on the Commission, it seems appropriate that the 
Commission be assisted by the Standing Committee on 
Seeds and Propagating Material for Agriculture, Horti­
culture and Forestry, according to the Management 
Committee procedure provided for in Article 2 (H) of 
Council Decision 87/373/EEC (J); 
25) Whereas this Directive must not effect the obligations of 
the Member States concerning the deadlines for trans­
position of the Directives set out in Annex VI, part B, 
HAS ADOPTED THIS DIRECTIVE: 19. 
20. 
+ 
21. 
22. 72/418/EEC 
(adapted) 
66/402/EEC 
(adapted) 
(1) OJ No L 197, 18.7.1987, p. 33. 
t -SM: 
Article 1 
This Directive shall apply to cereal seed marketed within 
the Community. 
It shall not apply to cereal seed shown to be intended for 
export to third countries. 
Article 2 
1. For the purposes of this Directive, 66/402/EEC 
Article 18 
A. 'Cereals' means plants of the following species in­
tended for agricultural or horticultural production 
other than production for ornamental purposes: 72/418/EEC - Art 3 (1) 
Avena sativa L. Oats 66/402/EEC 
Hordeum vulgare L. 
Oryza sativa L. 
Phalaris canadensis L. 
Secale céréale L. Barley 
Rice 
Rye 79/641/EEC - Art. 2 (1) 
66/402/EEC 
Canary grass I 69/60/EEC - Art 2 (1) 
66/402/EEC 
Sorghum bicolor (L.) Moench Sorghum 
Sorghum sudanense (Piper) Stapf. Sudan grass 86/155/EEC - Art. 2 (1) 
X Triticosecale Wittm. Triticale 88/380/EEC - Art. 3 (1) 
Triticum aestivum L. emend. Fiori et 
Paol. Wheat 
Triticum durum Desf. 
Triticum spelta L. 
Zea mays L. (partim) Durum wheat 79/641/EEC - Art. 2 (2) 
Spelt wheat I 66/402/EEC 
Maize except 
popcorn and 
sweet corn 71/162/EEC-Art 3 (1) - 87/120/EEC-Art. 3 (1) 
This definition shall also cover the following hybrids 
resulting from the crossing of species referred to 
above. 86/320/EEC - Art 1 (1) 
II <£S 
Sorghum tricolor (L) Moench x Hybrids resul-
Sorghum sudanense (Piper) Stapf tmê from the 
crossing of 
Sorghum and 
Sudan grass. 
Unless otherwise specified, seed of the aforemen­
tioned hybrids shall be subject to the standards or 
other conditions applicable to seed of each of the 
species from which they are derived; 86/320/EEC - Art. 1 (1) 
'Varieties, hybrids and inbred lines of maize and Sor­
ghum spp.': 
(a) 'Open-pollinated variety' means a sufficiently 
uniform and stable variety; 
(b) 'Inbred line' means a sufficiently uniform and 
stable line, obtained either by artificial self-fer­
tilization accompanied by selection over several 
successive generations or by equivalent oper­
ations; 
(c) 'Simple hybrid' means the first generation of a 
cross, defined by the breeder, between two 
inbred lines; 
(d) 'Double hybrid' means the first generation of a 
cross, defined by the breeder, between two 
simple hybrids; 
(e) 'Triple-cross hybrid' means the first generation of 
a cross, defined by the breeder, between an 
inbred line and a simple hybrid; 
(f) 'Top Cross hybrid' means the first generation of 
a cross, defined by the breeder, between an 
inbred line or a simple hybrid and an open-polli­
nated variety; 
(g) 'Intervarietal hybrid' means the first generation 
of a cross, defined by the breeder, between 
plants grown from basic seed of two open-polli­
nated varieties; 66/402/EEC - 86/155/EEC - Art. 2 (2) 
Corrigendum, English Special Edition p. 17. 
'Basic seed' (oats, barley, rice, canary grass, rye triti-
cale, wheat, durum wheat and spelt wheat, other than 
hybrids in each case) means seed, 88/380/EEC - Art. 3 (3) 
(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'; 
* S& 66/402/EEC 
(c) which, subject to the provisions of Article 4 (1) 
(a), 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; 66/402/EEC 
D. 'Basic seed' (hybrids of oats, barley, rice, £ye_, wheat, 
durum wheat and spelt wheat) means seed 
(a) which is intended for the production of hybrids; 
(b) which, subject to the provisions of Article 4, 
satisfies the conditions laid down in Annexes I 
and II for basic seed; and 
(c) which has been found by official examination to 
satisfy the abovementioned conditions; 88/380/EEC - Art. 3 (4) - 89/2/EEC - Art. 1 (1) 
E. 'Basic seed' (maize and Sorghum spp.): 
1. 'Basic seed of open-pollinated varieties' means 
seed 
(a) which has been produced under the re­
sponsibility of the breeder according to ac­
cepted practices for the maintenance of the 
variety; 
(b) which is intended for the production of seed 
of this variety of the category 'certified 
seed' or of Top Cross hybrids or of interva­
rietal hybrids; 
(c) which, subject to the provisions of Article 4, 
satisfies the conditions laid down in An­
nexes I and II for basic seed; and 
(d) which has been found by official examin­
ation to satisfy the abovementioned condi­
tions; 
2. 'Basic seed of inbred lines' means seed 
(a) which, subject to the provisions of Article 4, 
satisfies the conditions laid down in An­
nexes I and II for basic seed; and 
(b) which has been found by official examin­
ation to satisfy the abovementioned condi­
tions; 66/402/EEC - 86/155/EEC - Art 2 (3) 
* ^> 
'Basic seed of simple hybrids' means seed 
(a) which is intended for the production of 
double hybrids, Triple-cross hybrids or Top 
Cross hybrids; 
(b) which, subject to the provisions of Article 4, 
satisfies the conditions laid down in An­
nexes I and II for basic seed; and 
(c) which has been found by official examin­
ation to satisfy the abovementioned condi­
tions; 66/402/EEC 
Corrigendum, English Special Edition, p. 17. 
'Certified seed' (canary grass, other than hybrids, rye, 
sorghurrif Sudan grass, maize and hybrids of oats, 
barley, rice, wheat, durum wheat and spelt wheat) 
means seed 88/380/EEC - Art. 3 (5) - 89/2/EEC - Art. 1 (2) 
(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; 69/60/EEC - Art 2 (3) - Corrigendum, English 
Special Edition, p. 29. 
(b) which is intended for purposes other than the 
production of cereal seed; 
(c) which, subject to the provisions of point (G) of 
Article 4 (1) and Article 4 (2), 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; 66/402/EEC 
'Certified seed of the first generation' (oats, barley, 
rice, triticale, wheat durum wheat and spelt wheat, 
other than hybrids in each case) means seed 88/380/EEC - Art. 3 (6) 
(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 has been 
found by official examination to satisfy the 
conditions laid down in Annexes I and II for 
basic seed; 69/60/EEC - Art. 2 (4) - Corrigendum, English 
Special Edition, p. 29. 
(b) which is intended either for the production of 
seed of the category 'certified seed, second gen­
eration' or for purposes other than the produc­
tion of cereal seed; 
n S£ 66/402/EEC 
(c) which satisfies the conditions laid down in An­
nexes I and II for certified seed of the first gen­
eration; and 
(d) which has been found by official examination to 
satisfy the abovementioned conditions; 66/402/EEC 
H. 'Certified seed of the second generation' (oats, barley, 
rice, triticale, wheat, durum wheat and spelt wheat, 
other than hybrids in each case) means seed 88/380/EEC - Art. 3 (7) 
(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 which has been 
found by official examination to satisfy the 
conditions laid down in Annexes I and II for 
basic seed; 69/60/EEC - Art. 2 (5) - Corrigendum, English 
Special Edition, p. 29. 
(b) 
(c) which is intended for purposes other than the 
production of cereal seed; 
which satisfies the conditions laid down in An­
nexes I and II for certified seed of the second 
generation; and 
(d) which has been found by official examination to 
satisfy the abovementioned conditions; 
'Official measures' means 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. 66/402/EEC 
2 Amendments to be made to the list of species 
referred to in point A of paragraph 1 in the light of the 
development of scientific or technical knowledge concern­
ing the names and hybrids resulting from the crossing of 
species covered by this Directive shall be adopted in ac­
cordance with the procedure laid down in Article 22 (2). 78/55/EEC - Art. 3 (1) 
88/380/EEC - Art. 3 (8) 
3. Amendments to be made to point C, D, F, G and H 
of paragraph 1 for the purpose of including hybrids of ca­
nary grass, rye and triticale in the scope of this Directive 
shall be adopted in accordance with the procedure laid 
down in Article 22 (2). 
2 ^\ 88/380/EEC - Art 3 (10) 
4. The different types of varieties, including the compo­
nents, eligible for certification under the provisions of this 
Directive, may be specified and defined in accordance with 
the procedure laid down in Article 22 (2). In accordance 
with the same procedure the definitions in point B of para­
graph 1 shall be adapted accordingly. 88/380/EEC - Art. 3 (10) 
5_. Member States may be authorized in accordance with 
the procedure laid down in Article 22 (2) to permit, by 
way of derogation from paragraph 1 under points G (a) or 
H (a), to be certified as certified seed of the first gener­
ation or certified seed of the second generation seeds of 
self-pollinating species which have been entered for certifi­
cation as basic seed and which have been produced from a 
generation prior to basic seed but which has not been offi­
cially examined This provision shall not apply to hybrid 
seeds. Certification as certified seed may occur only if this 
is requested by the applicant for certification with the 
agreement of the breeder and if an official post-control 
test based on samples taken officially and carried out at 
the latest during the growing season of the entered seed 
shows that the seeds from the previous generation have 
met the requirements for basic seed in respect of varietal 
identity and purity. In this case the breeder shall, when the 
samples are taken, state the total area which has been 
under production of seeds of the previous generation. 
These conditions may be amended in the light of 
development of scientific or technical knowledge in 
accordance with the procedure laid down in Article 22 (2). 
Member States shall require that the official labels for 
seeds marketed in accordance with the authorization 
referred to in the first subparagraph be marked: 'passed 
for marketing in ... (Member State concerned) onh/; in 
addition Member States may require in this case that the 
official labels also be marked 'intended for further 
multiplication only*. 78/55/EEC-Art. 3 (1) - 88/380/EEC-Art. 3 (9) 
6. Member States may: 
(a) include several generations in the basic seed category 
and subdivide this category by generation; 
(b) provide that official examinations in respect of 
germination and analytical purity not be carried out 
on all lots during certification unless there is doubt 
whether the conditions laid down in Annex II in these 
respects have been satisfied. 
*2 Go 66/402/EEC 
(c) during a transitional period of not more than three 
years after the entry into force of the laws, regula­
tions or administrative provisions necessary to comply 
with this Directive, and by way of derogation from 
points F, G and H of paragraph 1, certify as certified 
seed seed which is of direct descent from seed offi­
cially controlled in a Member State under 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 
generation referred to in point H of paragraph 1. 69/60/EEC - Art 2 (6) 
Article 3 
1. Without prejudice to the provisions of Directive 
951.. ./EC, Member States shall provide that cereal seed 
may not be placed on the market unless it has been offi­
cially certified as 'basic seed', 'certified seed', 'certified 
seed, first generation' or 'certified seed, second generation' 
and unless it satisfies the conditions laid down in Annex II. 
2. Member States shall, for the purposes of certification 
and marketing, fix the maximum moisture content of basic 
seed and certified seed of all kinds. 
3. Member States shall ensure that the official examin­
ations of seed are carried out in accordance with current 
international methods, insofar as such methods exist. 
4. 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 
1. 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; 66/402/EEC 
[70/457/EEC] 
& G\ 
(b) in order to make seed rapidly available, notwithstand­
ing the fact that the official examination to check 
compliance with the conditions laid down in Annex n 
in respect of germination has not been concluded, 
authorize the official certification and marketing as 
far as the first buyer by way of trade of the categories 
'basic seed' or 'certified seed*. Certification shall be 
granted only on presentation of a provisional analyti­
cal report on the seed and provided that the name 
and address of the first recipient are given; all necess­
ary 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 16 in 
respect of multiplication outside the Community. 
2. In the case of maize seed, Member States may reduce 
to 85 % the minimum germination required under 
Annex II. 66/402/EEC 
3. In the case of triticale seed intended for marketing in 
their own territory, Member States may reduce to 80% 
the minimum germination required under Annex n. If, in 
such cases, triticale seed does not satisfy the conditions 
laid down in Annex II in respect of germination, this fact, 
and the fact that the seed is for marketing only in the 
territory of the Member State concerned, shall be stated 
on the label. 88/380/EEC - Art. 3 (13) 
Article 5 
Member States may, as regards the conditions laid down in 
Annexes I and II, impose additional or more stringent re­
quirements for the certification of seed produced in their 
own territory. 66/402/EEC 
Article 6 
Member States shall provide that the description of genea­
logical components which may be required is, if the 
breeder so requests, treated as confidential. 
1* C2_ 71/162/EEC - Art. 3 (2) 
Article 7 
1. Member States shall require that, for the checking of 
varieties and inbred lines of maize and for the examination 
of seed for certification, samples are drawn officially in ac­
cordance with appropriate methods. 
2. For the examination of seed for certification, 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. Member States shall require that basic seed and certi­
fied seed of all categories be marketed only in sufficiently 
homogeneous lojs, and in sealed packages bearing, as pre­
scribed in Articles 9 and 10, a sealing system and mark­
ings. 
2. Member States may, for the marketing of small quan­
tities to the final consumer, provide for derogations from 
the provisions of paragraph 1 in respect of packaging, seal­
ing and marking. 66/402/EEC 
69/60/EEC - Art. 4 - Corrigendum, English 
Special Edition, p. 17. 
Article 9 
1. Member States shall require that packages of basic 
seed and certified seed of all categories be sealed officially 
or under official supervision in such a manner that they 
cannot be opened without damaging the sealing system or 
without leaving evidence of tampering on either the official 
label provided for in Article 10 (1) or the package. 
In order to ensure sealing, the sealing system shall 
comprise at least either the official label or the affixing of 
an official seal. 
The measures provided for in the second subparagraph 
above shall not be necessary where a non-reusable sealing 
system is used. 
In accordance with the procedure laid down in Article 22 
(2), it may be established whether a particular sealing sys­
tem complies with the provisions of this paragraph. 78/692/EEC - Art 3 (1) 
2. Packages which have been officially sealed shall not 
be resealed, whether one or more times, except officially 
or under official supervision. If packages are resealed, the 
fact of resealing, the most recent date of resealing and the 
authority responsible therefore shall be stated on the label 
required under Article 10 (1). 69/60/EEC - Art. 5 
78/692/EEC - Art 3 (2) 
3. Member States may provide for exceptions to para­
graph 1 in the case of small packages. 75/444/EEC - Art. 3 (1) 
23 Col 
Article 10 
1. Member States shall require that packages of basic 
seed and certified seed of all categories: 
(a) be labelled on the outside with an official label which 
has not previously been used, which satisfies the 
conditions laid down in Annex IV and on which the 
information is given in one of the official languages of 
the Community. The colour of the label shall be 
white for basic seed, blue for certified seed and for 
certified seed of the first generation and red for certi­
fied seed of the second generation. When a label with 
a string-hole is used, its attachment shall be ensured 
in all cases with an official seal. If, in cases under 
point (a) of Article 4 (1) and Article 4 (2), the basic 
seed or maize seed does not satisfy the conditions laid 
down in Annex II in respect of germination, this fact 
shall be stated on the label. The use of official adhes­
ive labels shall be authorized. In accordance with the 
procedure laid down in Article 22 (2), the indelible 
printing under official supervision of the prescribed 
information on the package according to the label's 
model may be authorized; 
(b) contain an official document, in the same colour as 
the label, giving at least the information required 
under Annex IV (A) (a) (3), (5) and (6). This docu­
ment shall be drawn up in such a manner that it can­
not be confused with the official label referred to 
under (a). This document is not necessary if the in­
formation is printed indelibly on the package or if, in 
accordance with the provisions under (a), an adhesive 
label or a label of non-tear material is used. 
2. Member States may provide for exceptions to para­
graph 1 in the case of small packages where they are 
marked: 'passed for marketing in ... (Member State con­
cerned) only'. 78/55/EEC - Art. 3 (2) 
Article 11 
L. 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 or certified seed of 
all categories, 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 pj; 
that seed lots complying with the special conditions 
concerning the presence of Avena fatua laid down 
according to the procedure provided for in Article 22 (21. 
shall be accompanied by an official certificate attesting 
compliance with these conditions. 66/402/EEC - 88/380/EEC - Art 3 (14) 
Corrigendum, English Special Edition, p. 17. 
73/438/EEC - Art. 3 (2) 
a G <-! 
2. The label referred to in paragraph 1 shall be drawn 
up in such a manner that it cannot be confused with the 
official label referred to in Article 10 (1). 88/380/EEC - Art. 3 (15) 
Article 12 
Member States shall require that any chemical treatment 
of basic seed or certified seed of all categories be noted 
either on the official label or on the supplier's label and 
on the package or inside it. 66/402/EEC 
Corrigendum, English Special Edition, p. 17. 
Corrigendum, English Special Edition, p. 17. 
Article 13 
1. Member States may permit seed of a species of cereal 
to be marketed in the form of specific mixtures of seeds of 
various varieties provided that scientific or technical 
knowledge indicates that these mixtures are such as to be 
particularly effective against the propagation of certain 
harmful organisms and provided also that the components 
of the mixture comply, before mixing, with the marketing 
rules applicable to them. 79/692/EEC - Art. 2 (2) 
2j Member States may authorize the marketing of cereal 
seed in the form of mixtures of seed of various species, 
provided that the components of the mixture complied be­
fore mixing, with the marketing rules applicable to them. 
3. The provisions of Articles 8, 9 and 11 shall apply, as 
shall also those of Article 10, except that for mixtures the 
label used shall be green. 66/402/EEC - 79/692/EEC - Art. 2 (3) 
Corrigendum, English Special Edition, p. 17. 
Corrigendum, English Special Edition, p. 17. 
79/692/EEC - Art. 2 (3) 
Corrigendum, English Special Edition, p. 17. 
Article 14 
For the purpose of seeking improved alternatives to certain 
elements of the certification scheme adopted under this 
Directive, it may be decided to organize temporary 
experiments under specified conditions at Community level 
in accordance with the procedure laid down in Article 
22 (2). 
In the framework of such experiments, Member States may 
be released from certain obligations laid down in this Di­
rective. The extent of that release shall be defined with 
reference to the provisions to which it applies. The 
duration of an experiment shall not exceed seven years. Article 13 a 
88/380/EEC - Art. 3 (16) 
Article 15 
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 marked and sealed 
officially or under official supervision 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. Article 14 
66/402/EEC 
Corrigendum, English Special Edition, p. 17. 
78/55/EEC - Art. 3 (3) -
Corrigendum, English Special Edition, p. 17. 
Corrigendum, English Special Edition, p. 17. 
& GS 
2. The Commission, in accordance with the procedure 
provided for in Article 22 (2), shall for the marketing of 
cereals seeds authorize, in respect of the whole or parts of 
the territory of one or more Member States, provisions 
which are more strict than those laid down in Annex II 
concerning the presence of Avena fatua in those seeds, if 
similar provisions are applied to the home production of 
those seeds and if there is a campaign to eradicate Avena 
fatua from cereals grown in the region in question. Act of Accession DA IRL, UK - Art. 29. 
3. Member States may restrict the marketing of certified 
seed of oats, barley, rice, triticale. wheat or spelt to that of 
the first generation. 66/402/EEC 
88/380/EEC - Art. 3 (17) 
4. Member States which have provided for exemptions 
in accordance with the provisions of points (a) of Article 3 
(4) shall ensure that bred seed of generations prior to ba­
sic seed are subject to no marketing restrictions on account 
of their characteristics, examination arrangements, marking 
and sealing, 
(a) if it has been officially checked by the competent 
certification authority in accordance with the provi­
sions 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, 
— loi reference number, 72/418/EEC - Art. 3 (3) 
Corrigendum, English Special Edition p. 106. 
Corrigendum, English Special Edition p. 106. 
Corrigendum, English Special Edition p. 106. 
Corrigendum, English Special Edition p. 106. 
month and year of sealing, 
or 
month and year of the last official sampling for 
the purposes of certification, 78/692/EEC - Art. 3 (3) 
— species, indicated at least under its botanical 
name, which may be given in abridged form and 
without the authorities' names, in roman char­
acters, 
— variety, indicated at least in roman characters, 88/380/EEC - Art. 3 (18) 
the description 'pre-basic seed', 
number of generations preceding seed of the 
categories 'certified seed or 'certified seed of the 
first generation'. 
IS GU 72/418/EEC - Art. 3 (3) 
Corrigendum, English Special Edition p. 106. 
The label shall be white with a diagonal violet line. 72/418/EEC-Art. 3 (3) - Corrigendum, English 
Special Edition p. 106 
In accordance with the procedure laid down in Ar­
ticle 22 (2), Member States may be released from the re­
quirement to indicate the botanical name in respect of 
individual species and, where appropriate, for limited 
periods where it has been established that the disadvan­
tages of its implementation outweigh the advantages ex­
pected for the marketing of seed. 88/380/EEC-Art. 3 (19) 
Article 16 
1. The Member States shall provide that cereal seed 
— which has been produced directly from basic seed or 
certified seed of the first generation officially certified 
either in one or more Member States or in a third 
country which has been granted equivalence under 
point (b) of Article 17, or which has been produced 
directly from the crossing of basic seed officially certi­
fied in a Member State with basic seed officially certi­
fied in such a third country, and 
— which has been harvested in another Member State, 
shall, on request and without prejudice to the provisions of 
Directive 95/.. TEC, be officially certified as certified seed 
in any Member State if that seed has undergone field in­
spection satisfying the conditions laid down in Annex I for 
the relevant category and if official examination 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 officially certified seed of generations prior to basic 
seed, Member States may also authorize official 
certification as basic seed, if the conditions laid down for 
that category are satisfied. 
2. Cereal seed which has been harvested in another 
Member State, and which is intended for certification in 
accordance with the provisions laid down in paragraph 1, 
shall 
— be packed and labelled with an official label satisfying 
the conditions laid down in Annex V (A) and (B), in 
accordance with the provisions laid down in Article 9 
(1), and 
— be accompanied by an official document satisfying the 
conditions laid down in Annex V (C). Article 15 
88/380/EEC - Art. 3 (20) 
[70/457/EEC] 
a c\ 
3. Member States shall also provide that cereal seed 
— which has been produced directly from basic seed or 
certified seed of the first generation officially certified 
either in one or more Member States or in a third 
country which has been granted equivalence under 
point (b) of Article 17, or which has been produced 
directly from the crossing of basic seed officially certi­
fied in a Member State with basic seed officially certi­
fied in such a third 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 was 
either produced or officially certified, if the seed has 
undergone field inspection satisfying the conditions laid 
down in an equivalence decision made under point (a) of 
Article 17 for the relevant category, and if official examin­
ation has shown that the conditions laid down in Annex II 
for the same category are satisfied. Other Member States 
may also authorize official certification of such seed. 88/380/EEC - Art. 3 (20) 
Article 17 
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 16, the field in­
spections in the third country satisfy the conditions 
laid down in Annex I; 
(b) cereal grain harvested in a third country and affording 
the same assurances as regards its characteristics and 
the arrangements for its examination, for ensuring 
identity, for marking and for control is equivalent in 
these respects to basic seed, certified seed or certified 
seed of the first or second generation harvested with­
in the Community and complying with the provisions 
of this Directive. 
2. Paragraph 1 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 Di­
rective. Article 16 
33 (oK 66/402/EEC 
72/274/EEC - Art. 2 
Article 18 
1. In order to remove any temporary difficulties in the 
general supply of basic seed or certified seed of any cat­
egory that occur in one or more Member States and can­
not be overcome within the Community, one or more 
Member States may be authorized, in accordance with the 
procedure laid down in Article 22 (2), to permit, for a 
specified period, the marketing of seed of a category 
subject to less stringent requirements, or of seed varieties 
not included in the common catalogue or in their national 
catalogues of varieties. Article 17 
72/418/EEC - Art. 3 (4) 
2. For a category of seed of any given variety or inbred 
line, the official label shall be that provided for the 
corresponding category; in all other cases it shall be 
brown. The label shall always state that the seed in 
question is of a category satisfying less stringent 
requirements. 66/402/EEC 
69/60/EEC - Art. 9 
3. Rules for the application of paragraph 1 may be 
adopted in accordance with the procedure laid down in 
Article 22 (2). 83/332/EEC - Art. 3 
Article 19 
lj Member States shall make suitable arrangements for 
cereal seed to be officially verified during marketing, at 
least by sampling, as regards its compliance with the re­
quirements of this Directive. 66/402/EEC - 72/418/EEC - Art. 3 (5) 
2. 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, 
(e) 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 22 (2). 72/418/EEC - Art. 3 (6) 
2? (^ 
Article 20 
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 categories of cereal, 
taken during sampling. Satisfaction of the conditions with 
which the seed must comply may be checked during the 
post-conorol tests. The arrangements for holding the tests 
and their results shall be submitted to the Committee 
referred to in Article 22. 
2. These comparative tests shall, be used to harmonize 
the technical methods of certification so as to obtain re­
sults which are equivalent. As soon as this aim is achieved, 
annual progress reports shall be made on the tests and 
sent in confidence to the Member States and to the Com­
mission. The Commission, acting in accordance with the 
procedure laid down in Article 22 (2), shall set the date 
for the first report. 
3. The Commission, acting in accordance with the 
procedure laid down in Article 22 (2), shall make the 
necessary arrangements for the comparative tests to be 
carried out. Cereal seed harvested in third countries may 
be included in the comparative tests. 71/162/EEC - Art. 3 (5) 
66/402/EEC 
Article 21 
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 22 (2). Article 21 a 
73/438/EEC - Art. 3 (4) 
Article 22 
1. The Commission shall be assisted by the Standing 
Committee on Seeds on Propagating Material for Agricul­
ture, Horticulture and Forestry set up by Council Decision 
66/399/EEC 0). 
2. The representative of the Commission shall submit a 
draft of the measures to be taken. The Committee shall 
deliver its opinion on the draft within a time limit which 
the chairman may lay down according to the urgency of 
the matter. The opinion shall be delivered by the majority 
laid down in Article 148 (2) of the Treaty in the case of 
decisions which the Council is required to adopt on a pro­
posal from the Commission. The votes of the representa­
tives of the Member States within the Committee shall be 
weighted in the manner set out in that Article. The chair­
man shall not vote. Article 21 
<!) OJ No 125,11. 7.1966, p. 2289/66. 
22- ^O 87/373/EEC 
(adapted) 
The Commission shall adopt measures which shall apply 
immediately. However, if these measures are not in accord­
ance with the opinion of the Committee, they shall be 
communicated by the Commission to the Council forth­
with. In that event, the Commission may defer application 
of the measures which it has decided for a period of not 
more than one month from the date of such communica­
tion. 
The Council, acting by a qualified majority, may take a 
different decision within the time limit referred to in the 
second subparagraph. 
3. The Committee, on request by the chairman or of 
one of the Member States, may examine any questions rel­
evant to the subject matter of this Directive. 87/373/EEC 
(adapted) 
66/399/EEC - Art 2 
(adapted) 
Article 23 
Amendments to be made to the content of the Annexes in 
order to establish the conditions to be satisfied by the crop 
and the seed of hybrids of oats, barley, rice, wheat, durum 
wheat, spelt wheat and other species for which hybrids are 
included in the scope of this Directive pursuant to 
Article 2 (3) and the conditions to be satisfied by the crop 
and the seed of cross-pollinating varieties of triticale shall 
be adopted according to the procedure laid down in 
Article 22 (2). 
Article 24 
Save as otherwise provided in Annex II (3) in respect of 
tolerances for harmful organisms, 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 25 
Upon application by a Member State, which will be dealt 
with as provided in Article 22 (2), that State may be whol­
ly or partially released from the obligation to apply the 
provisions of this Directive, with the exception of 
Article 15 (1): 
(a) in respect of the following species: 
— canary grass, 
— sorghum, 
— Sudan grass; 
(b) in respect of other species which are not normally re­
produced or marketed in its territory. Article 21 b 
88/380/EEC - Art. 3 (21) 
Anicie_22 
66/402/EEC - 88/380/EEC - Art. 3 (22) 
Article 23 a 
88/380/EEC - Art. 3 (23) 
W }V 
Article 26 
1. The Directives listed in Annex VI Part A, are hereby 
repealed without prejudice to the obligations of the Mem­
ber States concerning the deadlines for transposition of the 
said Directives set out in Annex VI Part B. 
2. References to the repealed Directives shall be 
construed as references to this Directive and should be 
read in accordance with the correlation table set out in 
Annex VII. 
Article 27 
This Directive shall enter into force the twentieth day fol­
lowing that of its publication in the Official Journal of the 
European Communities. 
Article 28 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council, 
The President 
2* r2 
ANNEX I 
CONDITIONS TO BE SATISFIED BY THE CROP 
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 such plants which are volunteers 
from previous cropping. 
The crop shall conform to the following standards as 
regards distances from neighbouring sources of pollen 
which may result in undesirable foreign pollination 
and in particular, in the case of sorghum, from 
sources of Sorghum halepense: 
Crop Minimum 
P distance 
Ï 2 
Phalariscanariensis, Secalecereale other 
than hybrids-
— for the production of basic seed 300 m 
— for the production of certified seed 250 m 
Sorghum spp. 300 m 
Triticosecale, se If-pollinating varieties 
— for the production of basic seed 50 m 
— forthe production of certifiedseed 20 m 
Zea mays 200 ra 
These distances can be disregarded if there is 
sufficient protection from any undesirable foreign 
pollination. 
The crop shall have sufficient varietal identity and 
varietal purity or, in the case of a crop of an inbred 
line of Sorghum spp. and Zea mays, sufficient identity 
and purity as regards its characteristics. 
For the production of seed of hybrid varieties of 
Sorghum spp. and Zea mays, the abovementioned 
provisions shall also apply to the characteristics of the 
components, including male sterility or fertility 
restoration. 
In particular, crops of Oryza sativa. Phalaris canarien-
sis, Secale cereale other than hybrids-. Sorvhum SPP. 
and Zea mays shall conform to the following stan­
dards or other conditions: 78/387/EEC - Art. 1 (1) 
86/155/EEC - Art. 2 (5) 
95/6/EC - Art 1 
86/155/EEC - Art. 2 (6) 
88/380/EEC - Art. 3 (24) 
78/387/EEC - Art. 1 (1) 
86/155/EEC - Art. 2 (7) 
86/155/EEC - Art 2 (7) 
87/120/EEC - Art. 3 (2) 
95/6/EC - Art 1 — 86/155/EEC - Art 2 (7) 
2* r-3 
A. Phalaris canadensis and Secale cereale other than 
hybrids--
the number of plant of the crop species, which 
are recognizable as obviously not being true to 
the variety shall not exceed: 
— one per 30 m2 for the production of basic 
seed, 
— one per 10 m2 for the production of certi­
fied seed. 
B. Zea mays: 
(a) the percentage by number of plants which 
are recognizable as obviously not being true 
to the variety, to the inbred line, or to the 
component shall not exceed: 
(aa) for the production of 
basic seed: 
(i) inbred Unes, 0,1 % 
(ii) simple hybrid, each 
component, 0,1 % 
(iii) open-pollinated 
varieties, 0,5 % 
(bb) for the production of 
certified seed: 
(i) hybrid varieties 
component: 
— inbred lines, 0,2 % 
— simple hybrid, 0,2 % 
— open-polli­
nated variety, 1,0% 
(ii) open-pollinated 
varieties, 1,0 % 
(b) the following other standards or conditions 
shall be satisfied for the production of seed 
of hybrid varieties: 
(aa) a sufficient pollen shall be shed by the 
plants of the male component while 
the plants of the female component are 
in flower; 
(bb) where appropriate, emasculation shall 
be carried out; 
(cc) where 5 % or more of the female 
component plants have receptive 
stigmas, the percentage of female 
component which have shed pollen or 
are shedding pollen shall not exceed: 
1 % at any 
inspection, and official field 
2 % at the total of the official 
field inspections. 78/387/EEC - Art 1 (1) — 95/6/EC - Art. 1 
"» TH 
Plants are considered as having shed 
pollen or shedding pollen where, on 50 
mm or more of the central axis or lat­
erals of a panicle, the anthers have 
emerged from their glumes and have 
shed or are shedding pollen. 78/387/EEC - Art. 1 (1) 
C. Sorghum spp. 
(a) the percentage by number of plants of a 
Sorghum species other than the crop species 
or plants which are recognizable as obvious­
ly not being true to the inbred line or to 
the component shall not exceed: 
(aa) for the production of 
basic seed 
(i) at flowering: 0,1 %, 
(ii) at maturity: 0,1 %, 
(bb) for the production of 
certified seed 
(i) plants of the male 
component which 
have shed pollen 
when the plants of 
the female compo-
nenthavereceptive 
stigmas: %, 0,1 %, 
(ii) plants of the female 
component 
— at flowering: 03 %, 
— at maturity: 0,1 %, 
(b) the following standards or other conditions 
shall be satisfied for the production of certi­
fied seed of hybrid varieties: 
(aa) sufficient pollen shall be shed by the 
plants of the male component while 
the plants of the female component 
have receptive stigmas; 
(bb) where plants of the female component 
have receptive stigmas, the percentage 
of plants of that component which 
have shed pollen or are shedding 
pollen shall not exceed 0,1 %; 86/155/EEC - Art. 2 (8) 
86/320/EEC - Art. 1 (2) 
(c) crops of open pollinated varieties or syn­
thetic varieties of Sorghum spp. shall con­
form to the following standards: the number 
of plants of the crop which are recognizable 
as obviously not being true to the variety 
shall not exceed: 
— one per 30 m2 for the production of 
basic seed, 
— one per 10 m2 for the production of 
certified seed. 
m 86/320/EEC - Art. 1 (3) 
D. Oryza sativa: 
the number of plants which are recognizable as 
obviously being wild plants or red-grain plants 
shall not exceed: 
— 0 for the production of basic seed, 
— 1 per 50 m2 for the production of certified 
seed. 
4. Hybrids of rye. 
(a) The crop shall conform to the following stan­
dards as regards distances from neighbouring 
sources of pollen which may result in undesirable 
foreign pollination. 
CTOD Minimum 
^ distance 
i 2 
— for the production of basic seed 
— where the male sterility is 
used 1 000 m 
— where male sterility is not 
used 600 m 
— for the production of certified 
seed 500 m 
(b) The crop shall have sufficient identity and purity 
as regards the characteristics of the components, 
including male sterility. 
In particular, the crop shall conform to the fol­
lowing standards or other conditions: 
(i) the number of plants or the crop species, 
which are recognizable as obviously not 
being true to the component shall not ex­
ceed, 
— one per 30 m2 for the production of 
basic seed, 
— one per 10 m2 for the production of 
certified seed, this standard to apply in 
official field inspections to the female 
component only, 
(ii) in the case of basic seed, where male steril­
ity is used, the level of sterility of the male-
sterile component shall be at least 98 %. 
(c) Where appropriate, certified seed shall be pro­
duced in mixed cultivation of a female male-ster­
ile component with a male component which re­
stores male fertility. 87/120/EEC - Art. 3 (3) 
95/6/EC - Art. 1 
# V> 
5. Harmful organisms which reduce the usefulness of the 
seed, in particular Ustilagineae, shall be at the lowest 
possible level. 
6. The satisfaction of the abovementioned standards or 
other conditions shall be examined in official field 
inspections. 
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. The number of field inspections shall be at least: 
(a) for Avena sativa, Hordeum 
vulgare. Oryza sativa, Phalaris 
canariensis, Triticosecale. Tri­
ticum aestivum, Triticum du­
rum, Triticum spelta and Se-
cale cereale: one; 
(b) for Sorghum spp. and Zea mays during the 
flowering season: 
(aa) open-pollinated 
varieties: one, 
(bb) inbred lines or hybrids: 
three. 
When the crop follows a Sorghum spp. and 
Zea mays crop in either the preceding year 
or current year, at least one special field 
inspection shall be made to check the 
satisfaction of the provisions laid down in 
point 1 of this Annex. 
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. 78/387/EEC- Art. 1(1) 
79/641/EEC - Art 2 (3) 
88/380/EEC - Art. 3 (25) 
86/155/EEC - Art. 2 (9) 
86/155/EEC Art. 2 (9) 
» Vt 
ANNEX II 
CONDITIONS TO BE SATISFIED BY THE SEED 
The seed shall have sufficient varietal identity and 
varietal purity, or in the case of seed of an inbred line 
of Sorghum spp. and Zea mays, sufficient identity and 
purity as regards its characteristics. For the seed of 
hybrid varieties of Steak Cereak, Sorghum spp. and 
Zea Mays, the abovementioned provisions shall also 
apply to the characteristics of the components. 
In particular, the seed of the species listed below shall 
conform to the following standards or other condi­
tions: 
A. Avena sativa, Hordeum vulgare. Oryza sativa, Triti­
cum aestivum, Triticum durum, Triticum spelta 
other than hybrids in each case: 
Minimum 
Category varietal purity 
(%) 
1 2 
Basic seed 99,9 
Certified seed, 1st generation 99,7 
Certified seed, 2nd generation 99,0 
The minimum varietal purity shall be examined 
mainly in field inspections carried out in accor­
dance with the conditions laid down in Annex I. 
B. Self-pollinating varieties of Triticosecale 
Minimum 
Category varietal purity 
(%) 
. 1 2 
Basic seed 99,7 
Certified seed, 1st generation 99,0 
Certified seed, 2nd generation 98,0 
The minimum varietal purity shall be examined 
mainly in field inspections carried out in accor­
dance with the conditions laid down in Annex I. 78/387/EEC - Art 1 (2) 
86/155/EEC - Art 2 (10) 
95/6/EC - Art. 1 
79/641/EEC - Art. 2 (3) 
88/380/EEC - Art 3 (27) 
88/380/EEC - Art. 3 (28) 
& HZ 
C. Sorghum spp. and Zea mays: 
Where for the production of certified seed of hy­
brid varieties a female male-sterile component 
and a male component which does not restore 
male fertility have been used, the seed shall be 
produced: 
— either by mixing seed lots in a proportion 
appropriate to the variety where, on the one 
hand, a female male-sterile component has 
been used and, on the other, a female male-
fertile component has been used, 
— or by growing the female male-sterile com­
ponent and the female male-fertile compo­
nent in a proportion appropriate to the var­
iety. The proportion of these components 
shall be examined in field inspections car­
ried out in accordance with the conditions 
laid down in Annex I. 
D. Hybrids of rye 
Seed shall not be certified as certified seed un­
less due account has been taken of the results of 
an official post-control test, on samples of basic 
seed taken officially and carried out during the 
growing season of the seed entered for certifi­
cation as certified seed to ascertain whether the 
basic seed met the requirements for basic seed 
laid down in this Decision in respect of identity 
and purity as regards the characters of the com­
ponents, including male sterility. 
The seed shall conform to the following standards or 
other conditions as regards germination, analytical 
purity and content of seeds of other plants species: 
A. Table: 78/387/EEC-Art. 1 (2)-86/155/EEC-Art. 2 (11] 
95/6/EC - Art 1 
78/387/EEC-Art 1 (2) 
9r\ "V>1 
ç? $ Species and category 
1 
Avena sativa, Hordeum 
vulgare, Triticum aesti-
vum, Triticum durum, 
Triticum spelta: 
— basic seed 
— certified seed, 1st 
and 2nd generation 
Plialaris canariensis: 
— basic seed 
— certified seed 
Oryza sativa: 
— basic seed 
— certified seed, 1st ge­
neration 
— certified seed, 2nd 
generation 
Secale cereale: 
— basic seed 
— certified seed 
Sorghum spp. 
Triticosecale: 
— basic seed 
— certified seed, 1st 
and 2nd generation 
Zea mays Minimum 
germination 
(% of pure 
seed) 
85 
85£dJ 
75 
75 
80 
80 
80 
85 
85 
80 
85 
85 
90 Minimum 
analytical 
purity 
(%by 
weight) Maximum content by number of seeds of other plant species including red seeds of Oryza sativa 
in a sample of the weight specified in column 4 of Annex III (total per column) 
Other plant 
species 
(a) 
99 
98 
98 
98 
98 
98 
98 
98 
98 
98 
98 
98 
98 4 
10 
4 
10 
4 
10 
15 
4 
10 
4 
10 Red seeds 
of 
Oryza sativa Other 
cereal 
species 
1(b) 
7 
1(b) 
5 
1(b) 
7 
1(b) 
7 Plant 
species 
other than 
cereals Avena fatua, 
Avena 
sterilis, 
Avena 
ludoviciana, 
Lolium 
temulentum 
0(c) 
0(c) 
0(c) 
0(c) 
0(c) 
0(c) 
0(c) 
0(c) Raphanus 
rapha-
nistrum, 
Agrostemma 
githago Panicum 
spp. 
10 78/387/EEC Art. 1 (2) 
79/641/EEC Art. 2(3) 
88/506/EEC - Art. 1 (1) 
87/120/EEC Art. 3(4) 
87/120/EEC Art. 3(4) 
87/120/EEC Art. 3(4) 
86/155/EEC Art. 2(12) 
88/380/EEC Art. 3(29) 
78/387/EEC - Art. 1 (2) 
B. Standards or other conditions applicable where 
reference is made to them in the table under 
Section 2 (A) of this Annex: 
(a) The maximum contents of seeds laid down 
in column 4 include also the seeds of the 
species in columns 5 to 10. 
(b) A second seed shall not be regarded as an 
impurity if a second sample of same weight 
is free from any seeds of other cereals 
species. 
(c) The presence of one seed of Avena fatua, 
Avena sterilis, Avena ludoviciana or Lolium 
temulentum 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. 78/387/EEC - Art. 1 (2) 
(d) in the case of varieties of Avena sativa 
which are officially classified as of the 
'naked oat' type the minimum germination 
capacity is reduced to 75 % of pure seed. In 
such a case the official label shall be en­
dorsed 'minimum germination capac­
ity 75 %'. 93/2/EEC - Art. 1 
3. Harmful organisms which reduce the usefulness of the 
seed shall be at the lowest possible level. 
In particular, the seed shall conform to the following 
standards in respect of Claviceps purpurea (maximum 
number of sclerotia or fragments of sclerotia in a sam­
ple of the weight specified in column 3 of Annex HI). 
Category Claviceps purpurea 
Î 2 
Cereals other then hybrid rye: 
— basic seed 1 
— certified seed 3 
Hybrids of rye: 
— basic seed 1 
— certified seed 4(a) 
(a) The presence of five sclerotia or fragments of sclerotia in a 
sample of the prescribed weight shall be deemed to be in 
conformity with thestandaxds, where asecond sample of the 
same weight contains not more than four sclerotia or frag­
ments of sclerotia. 95/6/EC - Art. 1 
&l 
ANNEX III 
LOT AND SAMPLE WEIGHTS 
Species 
1 
Avena sativa. Hordeum vulgare. 
Triticum aestivum, Triticum 
durum, Triticum spelta, Secale 
cereale. Triticosecale 
Phalaris canariensis 
Oryza sativa Maximum 
weight of 
a lot 
(tonnes) 
2 
25. 
10 
21 Minimum 
weight of 
a sample 
to be 
drawn 
from a lot 
(grams) 
3 
1000 
400 
500 Weight of the 
sample for 
determi­
nations by 
number pro­
vided for in 
columns 4 to 
10 of Annex 
n (2) (A) and 
Annex II (3) 
(grams) 
4 
500 
200 
500 
Sorghum spp. 10 1000 78/387/EEC - Art. 1 (3) 
79/641/EEC -Art. 2 (3) 
88/380/EEC-Art. 3 (30) - 87/120/EEC-Art 3 (5) 
87/120/EEC - Art. 3 (5) 
| 900 | 86/155/EEC - Art. 2 (13) 
Zea mays, basic seed of inbred 
lines 
Zea mays, basic seed other than 
of inbred lines; certified seed 4(1 
40. 250 
1000 250 
1000 78/387/EEC - Art. 1 (3) 
81/126/EEC-Art3 
81/126/EEC - Art. 3 
The maximum lot weight shall not be exceeded by more than 5 %. 
34 87/120/EEC - Art. 3 (6) 
ANNEX TV 
Label 
A. Required information 
(a) For basic seed and certified seed: 66/402/EEC 
1. TEEC rules and standards.' 
2. Certification authority and Member State or 
their initials. 69/60/EEC - Art. 13 (1) 
Reference number of lot. 66/402/EEC 
Month and year of sealing expressed thus: 
'sealed ...' (month and year), 
or 
month and year of the last official sampling 
for the purposes of certification expressed 
thus: 'sampled ...' (month and year). 78/692/EEC - Art. ? (4) 
Species, indicated at least under its botan­
ical name, which may be given in abridged 
form and without the authorities' names, in 
roman characters. 66/402/EEC - 8S/3S0/EEC - Art. 3 (31) 
Variety, indicated at least in roman char­
acters. 88/380/EEC - Art 3 (33) 
7. Category. 
8. Country of production. 66/402/EEC 
9. Declared net or gross weight or declared 
number of seeds. 72/418/EEC - Art. 3 (7) 
Corrigendum, English Special Edition, p. 106. 
10. Where weight is indicated and granulated 
pesticides, pelleting substances, OT other 
solid additives are used the nature of the 
additive and also the approximate ratio be­
tween the weight of pure seeds and the 
total weight. 
35 
S3> 75/444/EEC - Art. 3 (2) 
11. In the case of varieties which are hybrids or 
inbred Unes: 
— for basic seed where the hybrid or 
inbred line to which the seed belongs 
has been officially accepted under 
Directive 95/.. ./EC: 
the name of this component, under 
which it has been officially accepted, 
with or without reference to the final 
variety, accompanied, in the case of 
hybrids or inbred lines which are 
intended solely as components for final 
varieties, by the word 'component'; 
— for basic seed in other cases: 
the name of the component to which 
the basic seed belongs, which may be 
given in code form, accompanied by a 
reference to the final variety, with or 
without reference to its function (male 
or female), and accompanied by the 
word 'component'; 
— for certified seed: 
the name of the variety to which the 
seed belongs, accompanied by the word 
'hybrid'. 
12. Where at least germination has been ret-
ested, the words 'retested... (month and 
year)' and the service responsible for such 
retesting may be indicated. Such informa­
tion may be given on an official sticker at­
tached to the official label. 
In accordance with the procedure laid down in 
Article 22 (2), 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 im­
plementation outweigh the advantages expected 
for the marketing of seed. 
(b) For seed mixtures 
1. 'mixture ... ' (species or varieties). 
2. Authority responsible for sealing and 
Member State. 
3. Reference number of lot 
4. Month and year of sealing expressed thus: 
'sealed ...' (year and month). 88/380/EEC - Art. 3 (34) 
[70/457/EEC] 
78/55/EEC - Art. 3 (4) 
88/380/EEC - Art. 3 (32) 
66/402/EEC - Corrigendum, English Special 
Edition, p. 17. 
88/380/EEC - Art. 3 (35) - Corrigendum, 
English Special Edition, p. 17. 
78/692/EEC - Art. 3 (5) 
Species, category, variety, country of pro­
duction and proportion by weight of each of 
the components; the names of the species 
and of the varieties shall be indicated at 
least in roman characters. 66/402/EEC 
88/380/EEC - Art. 3 (36) 
Declared net or gross weight or declared 
number of seeds. 72/418/EEC - Art. 3 (8) 
Corrigendum, English Special Edition, p. 106. 
7. 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 be­
tween the weight of pure seeds and the 
total weight. 75/444/EEC - Art. 3 (2) 
Where at least germination of all the com­
ponents of the mixture has been retested, 
the words 'retested .... (month and year)' 
and the service responsible for such retest-
ing may be indicated. Such information may 
be given on an official sticker attached to 
the official label. 78/55/EEC - Art. 3 (5) 
9. 'Marketing permitted exclusively 
in ...' (Member State concerned). 79/692/EEC - Art. 2 (4) 
B. Minimum dimensions 
110 mm x 67 mm. 66/402/EEC 
91 
ANNEX V 
Label and document provided in the case of seed not 
finally certified, harvested in another Member State 
A. Information required for the label 
— authority responsible for field inspection and 
Member State 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 char­
acters, 
— variety, indicated at least in roman characters; in 
the case of varieties (inbred lines, hybrids), which 
are intended solely as components for hybrid 
varieties, the word 'component' shall be added, 
— category, 
— in the case of hybrid varieties the word 'hybrid', 
— declared net or gross weight, 
— the words 'seed not finally certified'. 
In accordance with the procedure laid down in Article 
22 (2), Member States may be released from the require­
ment to indicate the botanical name in respect of individ­
ual 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' names, in roman char­
acters, 
— 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, 88/380/EEC - Art. 3 (37) 
I8fc> 
area cultivated for the production of the lot cov­
ered by the document, 
quantity of seed harvested and number of pack­
ages, 
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. 88/380/EEC - Art 3 (37) 
39 
Directive 66/402/EEC 
and its successive amendments ANNEX VI 
Part A 
Repealed Directives 
(referred to by Article 26) 
Directive 69/60/EEC 
Directive 71/162/EEC 
Directive 72/274/EEC 
Directive 72/418/EEC 
Directive 73/438/EEC 
Directive 75/444/EEC 
Directive 78/55/EEC 
Directive 78/387/EEC 
Directive 78/692/EEC 
Directive 78/1020/EEC 
Directive 79/641/EEC 
Directive 79/692/EEC 
Directive 81/126/EEC 
Directive 81/561/EEC 
Directive 86/155/EEC 
Directive 86/320/EEC 
Directive 87/120/EEC 
Directive 88/332/EEC 
Directive 88/380/EEC 
Directive 88/506/EEC 
Directive 89/2/EEC 
Directive 90/623/EEC 
Directive 90/654/EEC 
Directive 93/2/EEC 
Directive 95/6/EC only Article 3 
only concerning references made to Articles 1 and 2 
on the provisions of Directive 66/402/EEC 
only Article 3 
only Article 3 
only Article 3 
only Article 3 
only Article 3 
only Article 2 
only Article 2 
only Article 2 
only Article 3 
only Article 2 
only Article 3 
only Article 3 
only Article 3 
only concerning references made to Article 2 and to 
Annex II (I) (3) on the provisions of Directive 
66/402/EEC 
&S 
Part B 
Deadlines for transposition into national law 
(referred to by Article 26) 
Directive Deadline for transposition 
66/402/EEC (OJ No 125,11. 7.1966, p. 2309/66) 
69/60/EEC (OJ No L 48,26. 2 1969, p. 1) 
71/162/EEC (OJ No L 87,17.4.1971, p. 24) 
72/274/EEC (OJ No L 171, 29. 7.1972, p. 37) 
72/418/EEC (OJ No L 287, 26.12.1972, p. 22) 
73/438/EEC (OJ No L 356, 27.12.1973, p. 79) 
75/444/EEC (OJ No L 196, 26. 7.1975, p. 6) 
78/55/EEC (OJ No L 16, 20. 1.1978, p. 23) 
78/387/EEC (OJ No L 113, 25. 4.1978, p. 13) 
78/692/EEC (OJ No L 236, 26. 8.1978, p. 13) 
78/1020/EEC (OJ No L 350,14.12.1978, p. 27) 
79/641/EEC (OJ No L 183,19. 7.1979, p. 13) 
79/692/EEC (OJ No L 205,13. 8.1979, p. 1) 
81/126/EEC (OJ No L 67,12 3.1981, p. 36) 
81/561/EEC (OJ No L 203, 23. 7.1981, p. 52) 
86/155/EEC (OJ No L 118, 7. 5.1986, p. 23) 
86/320/EEC (OJ No L 200, 23. 7.1986, p. 38) 
87/120/EEC (OJ No L 49,18. 2.1987, p. 39) 
88/332/EEC (OJ No L 151,17. 6.1988, p. 82) 
88/380/EEC (OJ No L 187,16. 7.1988, p. 31) 
88/506/EEC (OJ No L 274, 6.10.1988, p. 44) 
89/2/EEC (OJ No L 5,7.1.1989, p. 31) 
90/623/EEC (OJ No L 333, 30.11.1990, p. 65) 
90/654/EEC (OJ No L 353,17.12.1990, p. 48) 
93/2/EEC (OJ No L 54,5. 3.1993, p. 20) 
95/6/EC (OJ No L 67,25. 3. 1995, p. 30) 1 July 1968 (Article 14 (1)) 
1 July 1969 (other provisions) <*) <2> (3> 
1 July 1969 0> 
1 July 1970 (Article 3 (4)) 
1 July 1972 (Article 3 (2)) 
1 July 1971 (other provisions) ^) 
1 July 1972 (Article 1) 
1 January 1973 (Article 2) 
1 July 1973 
1 July 1973 (Article 3 (3)) 
1 January 1974 (Article 3 (2) and (4)) 
1 July 1974 (other provisions) 
1 July 1977 
1 July 1979 
1 July 1980 
1 July 1977 
1 January 1979 
1 July 1980 
1 January 1980 
1 July 1982 
1 July 1987 
1 July 1987 
1 June 1988 
1 July 1982 (Article 3 (11)) 
1 July 1983 (Article 3 (12)) 
1 July 1992 (Article 3 (18), (31) and (37)) <4> 
1 July 1992 (Article 3 (20)) 
1 July 1990 (other provisions) 
1 July 1990 
1 June 1993 
30 June 1995 
(1) For Denmark, Ireland and the United Kingdom, 1 Jury 1973 for Article 14 (1), 1 Jury 1974 for the other provisions concerning 
basic seed and 1 Jury 1976 for the other provisions. 
(2) 1 January 1986 for Greece, 1 March 1986 for Spain, and 1 January 1989 for Portugal concerning the marketing of cereal seed, 
for the secies Hordeum vulgare L., Oryza sativa L, Triticum aesthwn L. emend. Fieri et Paol, Triticum durum Desf. and Zea 
mays L and for the other species, 1 January 1991. 
(3) 1 January 1995 for Austria, Finland and Sweden. 
However: 
— Finland shall be allowed to maintain its national scheme of seed production relating to the marketing, until 31 December 
1996 at the latest hi its territory of 
— seed which does not meet the requirements of the Directive in respect of the maximum number of generations of 
seed of the category 'certified seed* ('Valiosiemen'/'elitutsâde') and 
— seed of the category 'commercial seed' CKauppasiemenVhandelsutsade') as defined in the existing Finnish legislation; 
— Such seed shall not be introduced into the territory of other Member States. Finland shall adapt its legislation in this 
respect to comply with the relevant provisions of the Directive by the date of expiry of the above period; 
— Finland shall apply from the date of accession those provisions of the Directive which ensure access for material comply­
ing with the Directive to marketing in its territory. 
(4) In so far as these provisions require the botanical name of a species to be indicated on the label of seed. 
no 
ANNEX VII 
CORRELATION TABLE 
Directive 66/402/EEC This Directive 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 
Article 0)(A) 
0)(B) 
0)(C) 
0)(Ca) 
0)(D) 
0)(E) 
0)(F) 
(1)(G) 
0)(H) 
(la) 
(lb) 
(lc) 
(Id) 
(2) 2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
13 a 
14(1) 
14 (la) 
14(2) 
14(3) 
15 
16 
Article 17 
Article 19 
Article 20 
Article 21 a 
Article 21 
Article 21 b 
Article 22 
Article 23 a Article 1,1st subparagraph 
Article 1, 2nd subparagraph 
Article 2 (1 
Article 2 (1 
Article 2 (1 
Article 2 (1 
Article 2 (1 
Article 2 (1 
Article 2(1 
Article 2 (1 
Article 2 (1 
Article 2 (2 
Article 2 (3 
Article 2 (4 
Article 2 (5 
Article 2 (6 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 
Article 15 (1) 
Article 15 (2) 
Article 15 (3) 
Article 15 (4) 
Article 16 
Article 17 (1) 
Article 17 (2) 
Article 18 
Article 19 
Article 20 
Article 21 
Article 22 
Article 23 
Article 24 
Article 25 
Article 26 
Article 27 
Article 28 (A) 
(B) 
(Q 
(D) 
(E) 
(F) 
(G) 
(H) 
(I) 
49 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX I 
1(1) 
1(2) 
1(3) 
I (3a) 
1(4) 
1(5) 
11(1) (A) 
II(l)(Aa) 
II(1)(B) 
II(1)(C) 
11(2) 
11(3) 
m 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
IV, Part A (a 
TV, Part A (a 
IV, Part A (a 
IV, Part A (b 
IV, Part A (b 
IV, Part A (b 
IV, Part A (b 
IV, Part A (b 
IV, Part A (b 
IV, Part A (b 
IV, Part A (b 
FV, Part A (b 
IV, Part B 
V 1) 
2) 
3) 
3a) 
4) 
5) 
6) 
7) 
8) 
8a) 
9) 
10) 
1) 
2) 
3) 
3a) 
4) 
5) 
6) 
7) 
8) ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX I 
1(1) 
1(2) 
1(3) 
1(4) 
1(5) 
1(6) 
U(1)(A) 
II(1)(B) 
11(1) (C) 
H(1)(D) 
11(2) 
11(3) 
in 
IV, Part A 
IV, Part A 
IV, Part A 
IV.PartA 
IV, Part A 
IV, Part A 
IV, Part A 
IV.PartA 
IV, Part A 
IV.PartA 
IV, Part A 
IV.PartA 
IV, Part A 
IV.PartA 
IV.PartA 
IV.PartA 
IV.PartA 
IV.PartA 
TV, Part A 
IV,FartA 
IV.PartA 
IV, Part B 
V 
VI 
VTJ (1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
(10) 
(H) 
(12) 
o: 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(81 
"12 
Proposal for a 
COUNCIL DIRECTIVE 
on the common catalogue of varieties of agricultural plant species 
(consolidated version) 
°l2> 
EXPLANATORY MEMORANDUM 
1. When considering how Community law could be made simpler and more transparent, 
Parliament, the Commission and the Council found themselves confronted with an 
over-abundance of legislative instruments which had been amended several times, 
often substantially, and unanimously agreed on the need for a working method which 
would use legislative consolidation as a means of achieving greater clarity and trans­
parency. 
2 On 1 April 1987 the Commission therefore decided to instruct its staff that all legis­
lative measures should be consolidated after no more than ten amendments, stressing 
that this was a minimum requirement and that departments should endeavour to con­
solidate at even shorter intervals the texts for which they were responsible, to ensure 
that the Community rules were clear and readily understandable. 
3. The conclusions of the Presidency of the Edinburgh European Council reaffirmed 
these points, stressing that "official codification is important because it provides legal 
security as to the law which is applicable at a certain moment concerning a specific 
issue." To ensure not only the quality and the legal security of the texts consolidated, 
it was also suggested that "a jointly acceptable accelerated working method should be 
sought allowing codified Community law (replacing existing legislation without chang­
ing its substance) to be adopted in a speedy and efficient way". 
4. The proposed consolidated version of Council Directive 70/4571EEC of 29 September 
1970 on the common catalogue of varieties of agricultural plant species forms part of a 
much larger programme of consolidation of the provisions on seeds and propagating 
material for agriculture, horticulture and forestry. It has been drafted in accordance 
with the fundamental principles agreed by Council, Parliament and the Commission in 
1974; it aims at legislative consolidation: the existing Directives would be replaced by 
one new one, which would leave their substance untouched but would assemble them 
into a single text, with only the formal amendments required by the operation it­
self t1). This codified text will serve as the basis for future legislative developments in 
this field. 
6. This consolidation proposal was drawn up on the basis of a preliminary consolidation, 
in all the official languages, of Directive 70/457/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means of a data-processing system referred to in the conclusions of the European 
Council meeting at Edinburgh. Although the articles have been given new numbers, 
the former number is printed alongside in each case for the reader's convenience; the 
correlation between the old and new numbers is shown in a table contained in Annex 
II to the consolidated Directive. 
^) Annex I, part A of this proposal. 
Proposal for a 
COUNCIL DIRECTIVE -J..JEC 
of 
on the common catalogue of varieties of agricultural plant species ^iS'fo322 (Ç\cc 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment I1), 
Having regard to the opinion of the Economic and So­
cial Committee (2)-
1) Whereas Council Directive 70/457/EEC of 29 September 
1970 on the common catalogue of varieties of agricultur­
al plant species (3) has been frequently and substantially 
amended; whereas for reasons of clarity and rationality 
the said Directive should be consolidated; 
2) Whereas the production of agricultural seed and young 
plants occupies an important place in the agriculture of 
the Community; 
3) Whereas, for this reason, the Council has adopted Direc­
tives concerning respectively the marketing of beet seed 
(95/.. ./EC) (4), fodder plant seed (95/.. ./EC) (5), cereal 
seed (95/.. ./EC) (6), seed potatoes (95/.. ./EC) (7) and 
seed of oil and fibre plants (95/.. ./EC) (8); 
4) Whereas a common catalogue of varieties can be com­
piled only on the basis of national catalogues; 
5) Whereas all Member States should therefore compile 
one or more national catalogues of the varieties ac­
cepted for certification and marketing in their territory; 70/457/EEC 
(adapted) 
[66/400/CEE] - [66/401/CEE] 
[66/402/CEE] - [66/403/CEE] 
[69/208/CEE] 
(1) OJNoC... 
(2) OJ No C ... 
(3) OJ No L 225,12.10.1970, p. 1; as last amended by the Act of 
Accession AT, FI, SE. 
(4) See page ... of this Official Journal. 
(5) See page ... of this Official Journal. 
(6) See page ... of this Official Journal. 
(7) See page ... of this Official Journal. 
(8) See page ... of this Official Journal. 
9^ 
6) Whereas it is appropriate to take into consideration in­
ternationally established rules for certain provisions re­
lating to the acceptance of varieties at national level, the 
names of varieties, and the exchange of information be­
tween Member States, and to strengthen the rules con­
cerning the free marketing, as regards varier)', of seeds 
belonging to the varieties accepted in the Member 
States, in the case of certain species at least; 
7) Whereas these catalogues must be drawn up in accor­
dance with uniform rules so that the varieties accepted 
will be distinct, stable and sufficiently uniform and that 
they will be of satisfactory value for cultivation and use; 
8) Whereas specific rules should be made as regards those 
varieties which, it has been established, cannot be grown 
in any part of the territory of a Member State; 
9) Whereas, in order to carry out the examinations for the 
acceptance of a variety, a large number of uniform crite­
ria and minimum requirements must be laid down; 
10) Whereas, furthermore, provisions relating to the length 
of time during which acceptance of a variety is to remain 
valid, to the grounds on which acceptance may be re­
voked and to practices for maintenance of the variety 
must be standardized and whereas the Member States 
should inform one another of the acceptance and with­
drawal of varieties; 
11) Whereas all seed or propagating material of varieties 
which have been accepted in accordance with the prin­
ciples of this Directive since the adoption of seed rules 
in one or more Member States should, after a certain 
time, be subject within the Community to no restrictions 
relating to variety; whereas all such seed or propagating 
material should be added to the common catalogue of 
varieties; 
12) Whereas, however, Member States should be given the 
right to express by means of a special procedure any ob­
jections which they may have to a variety and to its in­
clusion in the common catalogue of varieties as well as 
any objections on plant health grounds to a variety al­
ready entered in that catalogue; 
13) Whereas special provisions should be adopted to cover 
varieties which were accepted in an individual Member 
State in accordance with the principles of this Directive; 
whereas it seems justifiable to make their inclusion in 
this catalogue conditional upon their being of impor­
tance for seed production; 
14) Whereas the Commission should publish in the Official 
Journal of the European Communities the varieties which 
are being added to the common catalogue of varieties of 
agricultural plant species; 
15) Whereas provision should be made for measures recog­
nizing the equivalence of examinations and checks of va­
rieties carried out in third countries; 10. 
11. 
12. 
13. 79/692/CEE 
(adapted) 
70/45 7/CEE 
73/438/CEE 
(adapted) 
70/45 7/CEE 
(adapted) 
(adapted) 
$b 
16) Whereas, however, Community rules should not apply to 
varieties the seed or propagating material of which are 
shown to be intended for export to third countries; 
17) Whereas for the exercise of implementation powers con­
ferred on the Commission, it seems appropriate that the 
Commission be assisted by the Standing Committee on 
Seeds and Propagating Material for Agriculture, Horti­
culture and Forestry, according to the Management 
Committee procedure provided for in Article 2 (II) of 
Council Decision 87/373/EECt1); 
18) Whereas this Directive must not affect the obligations of 
the Member States concerning the deadlines for trans­
position of the Directives set out in Annex I, part B, 
HAS ADOPTED THIS DIRECTIVE: 14. 
15. (adapted) 
(1) OJNoL197,18.7. 1987, p. 33. 
°>\ 
Article 1 
1. This Directive concerns the acceptance for inclusion 
in a common catalogue of varieties of agricultural plant 
species of those varieties of beet, fodder plant, cereal, po­
tato and oil and fibre plant the seed of which may be mar­
keted under provisions of the Directives concerning re­
spectively the marketing of beet seed (95/.. ./EC), fodder 
plant seed (95/.. ./EC), cereal seed (95/.. ./EC), seed pota­
toes (95/.. ./EC), and seed of oil and fibre plants 
(95/.. ./EC). 
2. The common catalogue of varieties shall be compiled 
on the basis of the national catalogues of the Member 
States. 
3. This Directive shall not apply to varieties the seed or 
propagating material of which are shown to be intended 
for export to third countries. 
Article 2 
For the purposes of this Directive 'official measures' means 
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 under 
State control, by any natural person duly sworn for 
that purpose, 
provided that the persons mentioned under (b) and (c) de­
rive no private gain from such measures. 
Article 3 
1. Each Member State shall establish one or more cata­
logues of the varieties officially accepted for certification 
and marketing in its territory. Any person may consult the 
catalogues. 70/457/EEC 
[66/400/EEC] 
[66/401/EEC] - [66/402/EEC] 
[66/403/EEC] 
[69/208/EEC] 
Article 22 
2. In the case of varieties (inbred lines, hybrids) which 
are intended solely as components for final varieties, the 
provisions of paragraph 1 apply only to the extent that the 
seeds which belong to them are to be marketed under 
their names. 
The conditions under which the provisions of paragraph 1 
shall also apply to other component varieties may be de­
termined in accordance with the procedure laid down in 
Article 23 (2). In the case of cereals other than maize, 
Member States may themselves apply those provisions to 
other component varieties in respect of seed intended for 
certification in their territories. 
Component varieties shall be indicated as such. 88/380/EEC - Art. 6 (1) 
W 
3. Member States may provide that the acceptance of a 
variety for inclusion in the common catalogue or in the 
catalogue of another Member State is equivalent to 
acceptance for inclusion in their own catalogues. If such 
provision is made, the Member State shall be released 
from the obligations provided in Article 7, Article 9 (3) 
and Article 10 (2) to (5). 
4. The Member States shall take all measures necessary 
to ensure that official acceptances of varieties granted be­
fore 1 July 1972 in accordance with principles other than 
those of this Directive expire not later than 30 June 1980 
if by that date the varieties in questions have not been 
accepted in accordance with the principles of this Direc­
tive. 
The dates shall be respectively: 
— with regard to Spain, 1 March 1986 and 31 December 
1990, in respect of the following species: 
Agrostis stolonifera 
Agrostis tenuis 
Phleum pratense 
Poa pratensis 
Hedysarum coronarium 
Lotus comiculatus 
Lupinus angustifolium 
Lupinus luteus 
Onobrychis viciifolia 
Trifolium alexandrium 
Trifolxum pratense 
Vicia villosa 
Brassica napus var. napobrassica 
Brassica oleracea convar. acephala 
Paphanus sativus ssp. oleifera og 
Arachis hypogaea; 
— with regard to Denmark, Ireland and the United 
Kingdom, 1 January 1973. 
With regard to the territory of the former German Demo­
cratic Republic, the dates — referred to in the first — 
subparagraph are respectively those of 3 October 1990 and 
31 December 1994 in respect of the varieties accepted by 
the authorities of the former German Democratic Repub­
lic. 
This provision shall apply mutadis- mutandis to varieties 
which have not been officially accepted but whose seed 
had been marketed or sown in the territories prior to Ger­
man unification. 70/457/EEC 
72/418/EEC - Art. 7(1) 
86/155/EEC-Art. 5(1) 
(adapted) 
Act of Accession DA, IRL, UK - Art 29 
(adapted) 
90/654/EEC - Art 2. 
(adapted) 
96 
5. In accordance with the procedure laid down in Article 
23, the Member States may be authorized in respect of 
individual varieties to extend until 31 December 1982 at 
the latest the date of expiry provided for in paragraph 4, 
in so far as, on 1 July 1980, the examination procedure 
inititated foT these varieties prior to this date, with a view 
to their acceptance under the provisions of this Directive, 
has not yet been completed. 80/1141/EEC-Art. 1. 
Article 4 
1. Member States shall ensure that a variety is accepted 
only if it is distinct, stable and sufficiently uniform. The 
variety must be of satisfactory value for cultivation and 
use. 
2. Examination of the value for cultivation and use shall 
not be required: 
(a) for the acceptance of varieties of grasses if the 
breeder declares that the seed of his variety is not 
intended for the production of fodder plants; 
(b) for the acceptance of varieties whose seed is to be 
marketed in another Member State which has already 
accepted the varieties, having regard to their value for 
cultivation and use. 70/457/EEC 
(c) for the acceptance of varieties (inbred Unes, hybrids) 
which are intended solely as components for hybrid 
varieties satisfying the requirements of paragraph 1. 88/380/EEC - Art. 6 (2) 
3. In the case of varieties to which point (a) of para­
graph 2 applies, it may be decided, in accordance with the 
procedure laid down in Article 23 (2), and to the extent 
that this is justified in the interest of free circulation of 
seed within the Community, that the varieties have to be 
shown by appropriate examination to be suitable for the 
purpose for which they are declared to be intended. In 
such cases, the conditions for the examination shall be de­
termined. 
Article 5 88/380/EEC - Art. 6 (3) 
1. A variety shall be regarded as distinct if, whatever the 
origin, artificial or natural, of the initial variation from 
which it has resulted, it is clearly distinguishable on one or 
more important characteristics from any other variety 
known in the Community. 
The characteristics of a variety must be capable of precise 
recognition and precise definition. 
A variety known in the Community shall be any variety 
which, at the time when the application for the acceptance 
of the variety to be assessed is duly made, is: 
— either listed in the common catalogue of varieties of 
agricultural plant species or the catalogue of varieties 
of vegetable species, 79/692/EEC - Art. 3 (1) 
\oO 
— or, without being listed in one of those catalogues, 
has been accepted or submitted for acceptance in the 
Member State in question or in another Member 
State, either for certification and marketing, or for 
certification for other countries, 
unless the aforementioned conditions are no longer 
fulfilled in all the Member States concerned before the 
decision on the application for acceptance of the variety to 
be assessed is taken. 79/692/EEC - Art. 3 (1) 
2. A variety shall be regarded as stable if, after 
successive propagation or multiplications or at the end of 
each cycle (where the breeder has defined a particular 
cycle of propagation or multiplications) it remains true to 
the description of its essential characteristics. 
3. A variety shall be regarded as sufficiently uniform if, 
apart from a very few aberrations, the plants of which it is 
composed are, account being taken of the distinctive 
features of the reproductive systems of the plants, similar 
or genetically identical as regards the characteristics, taken 
as a whole, which are considered for this purpose. 
4. The value of a variety for cultivation or use shall be 
regarded as satisfactory if, compared to other varieties 
accepted in the catalogue of the Member State in question, 
its qualities, taken as a whole, offer, at least as far as 
production in any given region is concerned, a clear 
improvement either for cultivation or as regards the uses 
which can be made of the crops or the products derived 
therefrom. Where other, superior characteristics are 
present, individual inferior characteristics may be 
disregarded. 
Article 6 
Member States shall ensure that varieties coming from 
other Member States are subject to the same require­
ments, in particular as regards the acceptance procedure, 
as those which apply to domestic varieties. 
Article 7 
1. Member States shall provide that the acceptance of 
varieties be based on the results of official examinations, 
particularly growing trials, covering a sufficient number of 
characteristics for the variety to be described. The methods 
used for determining characteristics must be exact and 
reliable. In order to establish distinctness, the growing 
trials shall include at least the available comparable 
varieties which are varieties known in the Community with­
in the meaning of Article 5 (1). For the purpose of 
applying Article 9, other available comparable varieties 
shall be included. 
2. The following shall be fixed in accordance with the 
procedure laid down in Article 23 (2), account being taken 
of current scientific and technical knowledge: 
(a) the characteristics to be covered as a minimum by the 
examinations of the various species; 
(b) the minimum requirements for carrying out the 
examinations. 70/457/EEC 
79/692/EEC - Art. 3 (2) 
3. Where examination of the genealogical components is 
necessary in order to study hybrids and synthetic varieties, 
Member States shall ensure that the results of the examin­
ation and the description of the genealogical components 
are, if the breeder so requests, treated as confidential. 
Article 8 
Member States shall require that when lodging an applica­
tion for the acceptance of a variety, the applicant indicate 
whether acceptance has already been applied for in 
another Member State, which Member State was 
concerned and whether the application was granted. 
Article 9 
1. Each Member State shall arrange for official publica­
tion of the catalogue of varieties accepted in its territory 
and of the name of the person or persons responsible for 
maintenance of the variety in its country. When several 
persons are responsible for the maintenance of a variety, 
the names need not be published. If the names are not 
published, the catalogue shall indicate the authority 
holding the list of names of persons responsible for 
maintenance of the variety. 
2. Member States shall, as far as possible, ensure at the 
time of acceptance that the variety is known by the same 
name in all Member States. 
If it is known that seed or propagating material of a given 
variety are marketed in another country under a different 
name, that name shall also be indicated in the catalogue. 70/457/EEC 
3. In taking into account the information available, 
Member States shall also ensure that a variety which is not 
clearly distinguishable: 
— from a variety previously accepted in the Member 
State in question or in another Member State, or 
— from another variety which has been assessed with 
regard to distinctness, stability and uniformity in 
accordance with rules corresponding to those of this 
Directive, without, however, being a variety known in 
the Community within the meaning of Article 5 (1), 
bears the name of that variety. This provision shall not 
apply if this name is likely to mislead or cause confusion 
œncerning the variety in question, or if, pursuant to all the 
provisions of the Member State concerned governing the 
names of varieties, other facts prevent its utilization, or if 
the rights of third parties impede the free use of that 
name in connection with the variety in question. 79/692/EEC - Art. 3 (3) 
101 
4^ Member States shall compile a file on each variety 
accepted, containing a description of the variety and a 
clear summary of all the facts on which the acceptance was 
based. The description of the varieties shall relate to plants 
produced directly from seed and young plants of the cat­
egory 'certified seed and propagating material'. 
Article 10 70/457/EEC - 79/692/EEC - Art. 3 (4) 
1. Any application or withdrawal of an application for 
acceptance of a variety, any entry in a catalogue of 
varieties as well as any amendment thereto shall be 
notified forthwith to the other Member States and the 
Commission. 79/692/EEC - Art. 3 (5) 
2. Member States shall, for each new variety accepted, 
send the other Member States and the Commission a brief 
description of its most important characteristics for use. 
This provision shall not apply in the case of varieties 
(inbred lines, hybrids^ which are intended solely as compo­
nents for final varieties. Thev shall, on request, also com­
municate the special qualities which enable the variety to 
be distinguished from other similar varieties. 
3. Each Member State shall make available to the other 
Member States and the Commission the files referred to in 
Article 9 (4) on the varieties which are accepted or which 
have ceased to be accepted. Information exchanged con­
cerning these files shall be treated as confidential 
4. Member States shall ensure that the acceptance files 
are made available for the personal and exclusive use of 
any person able to show a legitimate interest These provi­
sions shall not apply where the information must, under 
Article 7 (3), be treated as confidential. 
5. Where acceptance of a variety is refused or revoked, 
the results of the examinations shall be made available to 
persons affected by such decision. 
Article 11 
1. Member States shall provide that the varieties ac­
cepted must be maintained according to accepted practices 
for the maintenance of the variety. 
2. It must at all times be possible to check maintenance 
from the records kept by the person or persons responsible 
for the variety. These records shall also cover the produc­
tion of all generations prior to basic seed or propagating 
material. 
3. Samples may be requested from the person respon­
sible for the variety. Such samples may if necessary be 
taken officially. 70/457/EEC 
88/380/EEC - Art. 6 (4) 
72/418/EEC - Art. 7 (2) 
1D3 
4. Where maintenance takes place in a Member State 
other than the one in which the variety was accepted, the 
Member States concerned shall assist each other adminis­
tratively as regards verification. 
Article 12 
1. Acceptance shall be valid until the end of the tenth 
calendar year tollowing acceptance. 70/457/EEC 
Acceptance of the varieties by the authorities of the 
former German Democratic Republic prior to German uni­
fication shall be valid until the end of the tenth calendar 
year at the latest following their entry in the catalogue of 
varieties drawn up by the Federal Republic of Germany in 
accordance with Article 3 (1). 90/654/EEC - Art 2 
2. Acceptance of a variety may be renewed at given 
intervals if it is still cultivated on such a scale as to justify 
this and provided that the requirements as to distinctness, 
uniformity and stability are still satisfied. Applications for 
renewal shall be submitted not later than two years before 
expiry of acceptance. 
3. The period of validity of acceptance shall be extended 
provisionally until a decision is taken on the application 
for renewal. 70/457/EEC 
Article 13 
1. Member States shall ensure that any doubts which 
arise after the acceptance of a variety concerning the 
appraisal of its distinctness or of its name at the time of 
acceptance are clarified. 
2. Where, after acceptance of a variety, it is established 
that the condition concerning distinctness within the 
meaning of Article 5 was not fulfilled at the time of 
acceptance, acceptance • shall be replaced by another 
decision or, where appropriate, a revocation, which 
conforms with this Directive. 
By this other decision, the variety shall, with effect from 
the date of its initial acceptance, no longer be regarded as 
a variety known in the Community within the meaning of 
Article 5 (1). 
3. Where, after acceptance of a variety, it is established 
that its name within the meaning of Article 9 was not 
acceptable when the variety was accepted, the name shall 
be adapted in such a way that it conforms with this 
Directive. Member States may permit the previous name 
to be used temporarily as an additional name. The detailed 
arrangements in accordance with which the previous name 
may be used as an additional name may be laid down in 
accordance with the procedure laid down in Article 23 (2). Article 12a 
79/692/EEC - Art. 3 (6) 
10 ^ 
Article 14 
1. Member States shall ensure that acceptance of a var­
iety is revoked: 
(a) if it is proved, on examination, that the variety is no 
longer distinct, stable or sufficiently uniform, 
(b) if the person or persons responsible for the variety so 
request, unless there is maintenance of the variety. 
2. Member States may revoke the acceptance of a 
variety: 
(a) if the laws, regulations and administrative provisions 
adopted in pursuance of this Directive are not 
complied with, 
(b) if, at the time of the application for acceptance or 
during examination, false or fraudulent particulars 
were supplied concerning the factors on the basis of 
which acceptance was granted. 
Article 15 
1. Member States shall ensure that a variety is deleted 
from their catalogues if acceptance of the variety has been 
revoked or if the period of validity of the acceptance has 
expired. Article 13 
70/457/EEC 
Article 14 
2. Member States may, in respect of their own territory, 
allow a period for the certification and marketing of seed 
or propagating material up to 30 June of the third year at 
the most after expiry of the acceptance. 
In the case of varieties that were listed pursuant to Article 
16 (1) in the common catalogue of varieties referred to in 
Article 19, the period which expires last among those 
granted by the various Member States of acceptance under 
the first subparagraph shall apply to marketing in all the 
Member States, provided that the seed or propagating 
material of the variety concerned has not been subject to 
any marketing restriction as regards the variety. 
Article 16 
1. Member States shall ensure that after expiry of a 
period ending on 31 December of the second year 
following that in which a variety was accepted seed and 
propagating material of varieties accepted after 1 July 1972 
in one or more Member States in accordance with the 
provisions of this Directive are subject to no marketing 
restrictions relating to variety. The period specified above 
shall be: 
— 1 July 1973 with regard to Denmark, Ireland and the 
United Kingdom, 79/967/EEC - Art 2 (1) 
Article 15 
70/457/EEC 
Act of Accession DA, IRL, UK - Art 29 
(adapted) 
1Ô5 
— 1 March 1986 with regard to Spain in respect of vari­
eties other than those which are officially included in 
the catalogue of that Member State on 1 March 1986 
and which are also included on that date in the cata­
logue of one or more of the Member States of the 
Community of Ten, without prejudice to the particular 
provisions applicable to certain species referred to in 
paragraph 5. 
2. By way of derogation from paragraph 1, a Member 
State may be authorized, upon application lodged before 
the expiry of the periods specified in paragraph 1, which 
will be dealt with as provided in Article 23 (2), to prohibit 
the marketing in all or part of its territory of seed and 
propagating material of the variety in question. Only 
applications submitted four months before the end of the 
said periods shall be taken into consideration. With regard 
to Greece and in respect of varieties which have been ac­
cepted before 1 January 1986 in one or more of the other 
Member States and which have never been allowed for 
marketing in Greece before that date, applications sub­
mitted bv that Member State not later than 31 December 
1986 shall be taken into consideration, without prejudice 
to the provisions laid down in paragraph 1. provided that 
the applications are made on the grounds referred to in 
the first indent of point (c) of paragraph 3. 
3. The authorization provided for in paragraph 2 shall 
be granted only in the following cases: 
(a) where the variety is not distinct stable or sufficiently 
uniform, or 
(b) where it is established that the cultivation of the 
variety could be harmful from the point of view of 
plant health to the cultivation of other varieties or 
species, or 86/155/EEC - Art. 5 (2) 
(adapted) 
70/457/EEC 
79/692/EEC - Art. 3 (7) 
88/380/EEC - Art 6 (5) 
(c) — where official growing trials carried out in the 
applicant Member States, Article 5 (4) being ap­
plied correspondingly, show that the variety does 
not, in any part of its territory, produce results 
corresponding to those obtained from a compar­
able variety accepted in the territory of that 
Member State, or 
— where it is well known that the variety is not 
suitable for cultivation in any part of its territory 
because of its type or maturity's class. 73/438/EEC - Art. 7 (2) 
4. If, in respect of any given variety, a Member State 
does not intend to lodge an application under the 
procedure laid down in paragraph 2, it shall so notify the 
Commission or make a statement to the committee re­
ferred to in Article 23 (1). 70/457/EEC 
10 b 
5. Where all the Member States make the notification 
or the statement provided for in paragraph 4, the period 
provided for in paragraph 1 shall no longer apply and 
Article 19 shall be put into effect. In the case of Beta 
vulgaris L. and Solanam tuberosum L. this condition shall 
be considered fulfilled on 31 December each year in 
respect of varieties for which the communications provided 
for in Article 10 (1) and (2) were made four months 
before that date, unless a Member State informs the 
Commission or makes a declaration to the committee re­
ferred to in Article 23 (1) to the effect that it does not 
intend to dispense with making an application pursuant to 
paragraph 2. Acting on a proposal from the Commission, 
the Council shall decide whether these provisions will also 
be applied to other species. 
6. If at the time of its acceptance in one Member State 
a variety is also already being examined in another 
Member State with a view to acceptance, the period 
provided for in paragraph 1 shall for the latter Member 
State be shortened by the period of the examinations. 
7. The period provided for in paragraph 1 may be 
extended before expiry in accordance with the procedure 
laid down in Article 23 (2), where there is good reason. 
Article 17 
1. Article 16 shall also apply to varieties accepted before 
1 July 1972 according to the laws and regulations of indi­
vidual Member States and with the principles correspon­
ding to those of this Directive, where: 
(a) the variety was accepted after 30 June 1967, or 
(b) the variety was accepted before the date referred to 
in (a) in two or more Member States, or 
(c) the variety was accepted before the date referred to 
in (a) in one Member State, provided that in that 
Member State the proportion of the area used for 
multiplication of the variety which was presented for 
field inspection with a view to certification repre­
sented, after the date referred to under (a) and in 
each of three growing seasons, at least 3 % of the 
total area used for multiplication of the species. 
2. The date specified in paragraph 1 shall be: 70/457/EEC 
79/692/EEC - Art. 3 (8) 
(adapted) Article 16 
1 July 1973 with regard to Denmark, Ireland and the 
United Kingdom, Act of Accession DA IRL, UK - Art. 29 
(adapted) 
— 1 March 1986 with regard to Spain. 86/155/EEC 
(adapted) Art 5 (3) 
WT 
3. With regard to Germany, the date shall be 3 October 
1990 in respect of varieties accepted by the authorities of 
the former German Democratic Republic All areas used 
for multiplication of the variety, as referred to in point (c) 
of paragraph 1, shall be situated in the territory of the 
former German Democratic Republic 
Article 18 
1. The period provided for in Article 16 (1) shall, 
(a) for the cases referred to in points (a) and (b) of 
Article 17 (1), run from 1 Jury 1972, and 
(b) for the cases referred to in point (c) of Article 
17 (1), run from the date on which the Member 
State informs the Commission that the require­
ment is satisfied. 
2. 
be: The date referred to in point (a) of paragraph 1 shall 90/654/EEC - Art. 2 
(adapted) 
Article 17 
70/457/EEC 
(adapted) 
1 July 1973 with regard to Denmark, Ireland and the 
United Kingdom, 
1 March 1986 with regard to Spain. Act of Accession DA, IRL, UK - Art. 29 
(adapted) 
86/155/EEC - Art. 5 (4) 
(adapted) 
3. The period provided for in Article 16 (1) shall run 
from 3 October 1990 in the cases referred to in Article 17 
(3). 
Article 19 
The Commission shall, on the basis of the information 
supplied by the Member States and as this is received, 
publish in the C series of the Official Journal of the Euro­
pean Communities under the title 'Common Catalogue of 
Varieties of Agricultural Plant Species' a list of all varieties 
of which the seed and propagating material, under Articles 
15 and 16, are not subject to any marketing restrictions as 
regards variety, and also the information required under 
Article 9 (1) concerning the person or persons responsible 
for maintenance of the variety. The published notice shall 
indicate the Member States which have received an 
authorization under Article 16 (2) or Article 20. The 
published notice shall list those varieties for which a period 
has been applied in accordance with the second subpara­
graph of Article 15 (2). This shall indicate the length of 
the period and, where appropriate, the Member States to 
which the period does not apply. 90/654/EEC - Art. 2 
(adapted) 
70/457/EEC Anick 18 
79/967/EEC - Art. 2 (2) 
1Ô& 
Article 20 
If it is established that the cultivation of a variety included 
in the common catalogue of varieties could in any Member 
State be harmful from the point of view of plant health to 
the cultivation of other varieties or species, that Member 
State may upon application, which will be dealt with as 
provided in Article 23 (2), be authorized to prohibit the 
marketing of the seed or propagating material of that 
variety in all or part of its territory. Where there is 
imminent danger of the spread of harmful organisms, and 
until such time as a final decision has been taken in 
accordance with the procedure laid down in Article 23 (2), 
this prohibition may be imposed by the Member State 
concerned as soon as its application has been lodged. 
Article 21 
Where a variety ceases to be accepted in the Member 
State which initially accepted it, one or more other 
Member States may continue to accept that variety 
provided that the requirements for acceptance continue to 
be met in their territory and that maintenance remains 
assured. 
Article 22 
1. The Council, acting by a qualified majority on a 
proposal from the Commission, shall determine whether: 
a) the official examinations of varieties carried out in the 
third country afford the same assurances as those 
provided for in Article 7 and carried out in the 
Member States; 
b) the checks on practices for the maintenance of 
varieties carried out in the third country afford the 
same assurances as those carried out by the Member 
States. 70/457/EEC Article 19 
Article 20 
Article 21 
2. Paragraph 1 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 Di­
rective. 72/274/EEC - Art. 2 
Article 23 
1. The Commission shall be assisted by the Standing Com­
mittee on Seeds on Propagating Material for Agriculture, 
and Forestry set up by Council Decision 66/399/EEC (!). 
U) OJ No 125,11.7.1966, p. 2289/66. 
109 87/373/EEC 
(adapted) 
2. The representative of the Commission shall submit a 
draft of the measures to be taken. The committee shall 
deliver its opinion on the draft within a time limit which 
the chairman may lay down according to the urgency of 
the matter. The opinion shall be delivered by the majority 
laid down in Article 148 (2) of the Treaty in the case of 
decisions which the Council is required to adopt on a pro­
posal from the Commission. The votes of the representa­
tives of the Member States within the committee shall be 
weighted in the manner set out in that Article. The chair­
man shall not vote. 
The Commission shall adopt measures which shall apply 
immediately. However, if these measures are not in accord­
ance with the opinion of the committee, they shall be com­
municated by the Commission to the Council forthwith. In 
that event, the Commission may defer application of the 
measures which it has decided for a period of not more 
than one month from the date of such communication. 
The Council, acting by a qualified majority, may take a 
different decision within the time limit referred to in the 
second subparagraph. 
3. The Committee, on request by the chairman or of 
one of the Member States, may examine any questions rel­
evant to the subject matter of this Directive. 
Article 24 
Save as otherwise provided in Articles 16, 17 and 20, 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 protec­
tion of industrial or commercial property. 87/373/EEC 
(adapted) 
66/399/EEC - Art. 2 
(adapted) 
70/457/EEC 
i» HO 
Article 25 
1. The Directives listed in Annex I Part A, are hereby 
repealed without prejudice to the obligations of the 
Member States conœrning the deadlines for transposition 
of the said Directives set out in Annex I Part B. 
2. References to the repealed Directives shall be con­
strued as references to this Directive and should be read 
in accordance with the correlation table set out in Annex 
n. 
Article 26 
This Directive shall enter into force the twentieth day fol­
lowing that of its publication in the Official Journal of the 
European Communities. 
Article 27 
This Directive is addressed to the Member States. 
Done at Brussels, 
For the Council, 
The President 
IU 
Directive 70/457/EEC 
and its successive amendments ANNEX I 
Part A 
Repealed Directives 
(referred to by Article 25) 
Directive 72/274/EEC 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 72/418/EEC 
73/438/EEC 
78/55/EEC 
79/692/EEC 
79/967/EEC 
80/1141/EEC 
86/155/EEC 
88/380/EEC 
90/654/EEC only concerning references made to Articles 1 and 2 
on the provisions of Directive 70/457/EEC 
only Article 7 
only Article 7 
only Article 6 
only Article 3 
only Article 2 
only Article 1 
only Article 5 
only Article 6 
only concerning references made to Article 2 and to 
Annex II (I) (6) on the provisions of Directive 
70/457/EEC 
7» Hi 
Part B 
Deadlines for transposition into national law 
. (referred to by Article 25) 
Directive Deadline for transposition 
70/457/EEC (OJ No 225,12 10.1970, p. 1) 
72/274/EEC (OJ No L 171, 29. 7.1972, p. 37) 
72/418/EEC (OJ No L 287, 26. 12.1972, p. 22) 
73/438/EEC (OJ No L 356, 27.12.1973, p. 79) 
78/55/EEC (OJ No L16, 20. 1. 1978, p. 23) 
79/692/EEC (OJ No L 205, 13. 8.1979, p. 1) 
79/967/EEC (OJ No L 293, 20.11.1979, p. 16) 
80/1141/EEC (OJ No L 341,16.12.1980, p. 27) 
86/155/EEC (OJ No L118, 7. 5.1986, p. 23) 
88/380/EEC (OJ No L187,16. 7.1988, p. 31) 
90/654/EEC (OJ No L 353,17. 12.1990, p. 48) July 1972 (!) (2) 
July 1972 (Article 1) 
January 1973 (Article 2) 
July 1972 (Article 7) 
July 1974 (Article 7) 
July 1977 (Article 6) 
July 1977 (Article 3 (9)) 
July 1982 (other provisions) 
July 1982 (Article 2) 
July 1980 (Article 1) 
March 1986 (Articles 5) 
January 1986 (Article 6 (5) and (6)) 
July 1990 (othet provisions) 
W For Denmark, Ireland and the United Kingdom, 1 Jury 1973; for Greece 1 January 1986; for Spain 1 March 1986; and for 
Portugal 1 January 1989 for specific species referred to in the Directive on the marketing of fodder plant seeds - Lolium 
multiflorum Lam, Lolium perenne L., and Vicia satn-a L, and the Directive on the marketing of cereal seed - Hordeum vulgare 
L, Oryza sativa, Triticum aestivum L. emend. Fiori and Paol, and Triticum durum Desf. Zea mays L - and for the other 
species referred to by this Directive 1 January 1991. 
(2) 1 January 1995 for Austria, Finland and Sweden. 
However: 
- Finland and Sweden may postpone until 31 December 1995 at the latest, the application in their territories of this Directi­
ve with regard to the marketing in their territories of seeds of varieties listed in their respective national catalogues of 
varieties of agricultural plant species and varieties of vegetable plant species which have not been officially accepted in 
accordance with the provisions of this Directive. Seeds of such varieties shall not be allowed to be marketed in the 
territory of the other Member States during this period; 
- varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are listed in both the 
respective national catalogues of Finland and Sweden and in the common catalogues, shall not be subject to any marketing 
restrictions as regards variety; 
- throughout the period mentioned in the first indent, those varieties in the respective national catalogues of Finland and 
Sweden which have been officially accepted in accordance with the provisions of the abovementioned Directive shall be 
included in the common catalogue of varieties of agricultural or vegetable plant species, respectively. 
ANNEX II 
CORRELATION TABLE 
32 \\y\ Directive 70/457/EEC 
Article 1 (1) 
Article 1 (2) 
Article 22 
Article 2 
Article 3 (1) 
Article 3 (la) 
Article 3 (2) 
Article 3 (3) 
Article 3 (4) 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 12a 
Article 13 
Article 14 
Article 15 
Article 16,1st subparagraph 
Article 16, 2nd subparagraph 
Article116, 3nd subparagraph 
Article 17,1st subparagraph, first sentence 
Article 17,1st subparagraph, second sentence 
Article 17, 2nd subparagraph 
Article 18 
Article 19 
Article 20 
Article 21 (1) 
Article 21 (3) 
Article 23 
Article 24 This Directive 
Article 1 (1) 
Article 1 (2) 
Article 1 (3) 
Article 2 
Article 3 (1) 
Article 3 (2) 
Article 3 (3) 
Article 3 (4) 
Article 3 (5) 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 
Article 14 
Article 15 
Article 16 
Article 17 (1) 
Article 17 (2) 
Article 17 (3) 
Article 18 (1) 
Article 18 (2) 
Article 18 (3) 
Article 19 
Article 20 
Article 21 
Article 22 (1) 
Article 22 (2) 
Article 23 
Article 24 
Article 25 
Article 26 
Article 27 
ANNEXI 
ANNEX H 



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COM(95) 628 final 
DOCUMENTS 
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