31. 12. 85 Official Journal of the European Communities No C 349/37 
Proposal for a Council Directive amending various Directives on seeds and propagating material in 
view of the accession of Spain and Portugal 
COM(85> 707 final 
(Submitted by the Commission to the Council on 12 December 1985 
(85 C 349/07) 
THE COUNCll Or THE EUROPEAN I OMMUNH IES. 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof. 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Whereas the Council has established, by means of various 
Directives, a regime applicable to the marketing of seeds and 
propagating material; 
Whereas, in respect of Portugal, a transitional regime 
applicable in this field has been specified in the Act of 
Accession of Spain and Portugal; 
Whereas, in respect of Spain, adaptations should be made to 
the following Directives during the interim period in 
accordance with the conclusions of the Conference: 
— Council Directive 66 401 EEC of 14 June 1966 on the 
marketing of fodder plant seed ('}, as last amended by 
Commission Directive 85/38/EEC {'), 
— Counc.l Directive 66 402 EEC of 14 June 1966 on the 
market ng of cereal seed ';, as last amended bv Directive 
81 56; EEC*, 
— Council Directive 68 193 EEC of 9 April 1968 on the 
marketing of material for the vegetative propagation of 
the vine ' , as last amended bv Commission Directive 
82 331 EEC ". 
— Council Directive 69 208 EEC of 30 June 1969 on the 
marketing of seed of oil and fibre plants ", as last 
amended bv Commission Directive SI 859 KEC 8 . 
— Council Directive 70/457/EEC of 29 September 1970 
on the common catalogue of varieties of agricultural plant species (s 
80 1141 EEC ' as last amended bv Directive 
Council Directive 70/458/EEC of 29 September 1970 
on the marketing of vegetable seed ("), as last amended 
by Directive 80/1141 EEC; 
Whereas Bermuda grass, Harding grass (Phalans), sorghum, 
Sudan grass, safflower, gourd and cardoon are important 
species for the production of agricultural or vegetable plants 
in the enlarged Community and should therefore be included 
in the scope of the said Directives; 
Whereas, in order to make it possible to take the necessary 
steps to develop a system of compulsory varietal certification 
of seed of local varieties of lucerne, fodder kale and fodder 
radish, Spain should be authorized, in respect of such seed, to 
postpone application of the obligation imposed by Directive 
66 401 EEC to market exclusivelv seed which has been 
officially certified as "basic seed' or 'certified seed'; 
Whereas the demand for cotton seed in the enlarged 
Community is such that Directive 69/208/EEC should be 
amended to allow the marketing of certified cotton seed of 
the second generation; 
Whereas, in order to permit Spain to take the necessary steps 
to adapt its seed and propagating material production and 
marketing to the requirements of the catalogue of varieties set 
up in the Community system, it is expedient to allow Spam to 
postpone the implementation of certain provisions relating to 
the national catalogue of vine varieties, the Common 
catalogue of Varieties of Agricultural Plant Species and the 
Common Catalogue of Varieties of Vegetable Species, either 
entirelv or in respect of certain species. 
HAS ADOPTED THIS DIRECTIVE: 
OJ No 125. II. ". 1966. p. 2298 66 
OJ No 1. 16. 19. 1. 1985, p. 41. 
OJ No 125. 11. ". 1966, p. 2.509 66. 
OJ No 1 20 5. 2 V"7. 1981. p. 52. 
OJ No I. 9?. 17. 4. 1968. p. 15. 
OJ No 1 148. 2". 5. 1982. p. 47. 
Of No I 169. H) -. 1969. p. V 
OJ No I IS?. 18. 12. 1982. p. 31. OJ No I 225. 12. 10. 1970, p 1 
OJ No 1 141. 16 12. 1980, p. 2" 
OJ No I 225, 12 10. 1970. p. ". 
NoC 349/38 Official Journal of the European Communities 31. 12.85 
\rttde 1 
Directive 66 401 FE( is hereby amended as follows 
1 In Article 2 J (A) (a\ 
"( \nodon dai t\hn I Per> Bermuda grass* 
is inserted after 
\rrht-natht-mm t-latms I Beam ex ) ct k Presl Tall oatgrass' 
and 
VKiUrn itt noptsrj HJ>. kt I Harding grass, Phalans 
is inserted after 
'I ttlium \ hxbruium Hjuakn Hvbnd ryegrass*. 
2 The following paragraph is inserted after Article 3 I 
"la 11mil U December IVR9 Spain may be authorized, in accordance with the procedure laid 
dow n in \rticle 21. to prov ide tor exceptions to paragraph 1 in the case of seed of Meduago satwa, 
Brj-suj U/CMCIU iiiHur att'pbala and Raphanm, minus 
i In Annex II I 2 A , the following is inserted after \rrhenatherutn elatius and I ahum x 
h\hrulum rtspeOivelv 
i : \ 4 s h - H v in ii u n 14 is 
I \n<,i.' IutMon "0 i 9H J 0 1,1) I).', (>.? 0 1) | k 2 
iiiii 
/'» I !'• I, >!, I 1, r l "•> | 4h I 1 I I) lit U{ ll II | k 20 
4 In Annex II II 2 A , the following is inserted after Arrhenatherum elatius and Lohum x 
h\bndum respectively 
i : i 4 < f, - s 
( m,J,„; JMtilon OS 20 .1 1 11 'g 
I'hjUns >/, m,f,ti rj 0.1 20 y y s g 
> In Annex ill. the following is inserted after \rrhenatberum elatius and Loltuni \ hvbrtdum 
respectively 
I 'io.ii >i i i, t\l<>n in >o s 
PhaLtn* stenttptera 10 100 50' 
A rth If 2 
Directive 66 402 FF( is hereby amended as follows 
1 In Article 2 (1) (Ai, 
'Sorghum bnolor I Moemh Sorghum 
Sorghum sudanense Piper Stapt Sudan grass* 
is inserted after 
Setale tereale L Rye*. 
31. 12. 85 Official Journal of the European Communities No C 349/39 
2. In Article 2(1) (B), 'and Sorghum spp.' is inserted after 'maize'. 
3. In Article 2(1) (D), 'Sorghum spp.' is inserted after 'maize'. 
4. The following paragraph is added to Article 2: 
'lb. The different types of varieties, including the component, eligible for certification under the 
provisions of this Directive may be specified and defined in accordance with the procedure laid 
down in Article 21.' 
5. Former Article 2 (lb) and (lc) become 2 (lc) and (Id) respectively. 
6. In Article 2 (2) (E), 'Sorghum spp.' is inserted after 'canary grass'. 
7. In Annex 1 (2), the following is inserted before the table: 
'and in particular, in the case of sorghum, from sources of Sorghum halepense'. 
8. In the table in Annex 1 (2), the following is inserted before the line of Zea mais: 
'Sorghum spp. 400 m'. 
4. In the first and second paragraphs of Annex I (3), and in the introductory wording of the third 
paragraph, 'Sorghum spp.' is inserted in each case before 'Zea mais'. 
10. In the third paragraph of Annex I (3), the following is added: 
'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 obviously 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 component have receptive stigmas 0,1 % 
(ii) plants of the female component 
— at flowering 0,3 % 
— at maturity 0,1 % 
(b) the following standards or other conditions shall be satisfied for the production of 
certified seed: 
(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 %'. 
11. In Annex I (5) (B) (b), 'Sorghum spp.' is inserted in each case before 'Zea mais'. 
12. In Annex II (1), first and second sentences, 'Sorghum spp. and' is inserted at each case before 
'Zea mats'. 
13. In Annex II (1) (B), 'Sorghum spp. and' is inserted before 'Zea mais'. 
No C 349/40 Official Journal of the European Communities 11. 12. 85 
14. In Annex II (2) (A), the following is inserted after the line of Secale cereale: 
1 
'Sorghum spp. 2 
80 ? 
98 4 I 5 6 
0 | i 
1 ! 7 8 9 10 
15. In Annex III, the following is inserted after the line of Oryza sativa: 
( | 2 ! 1 4 
Sorghum ipj>. 10 1 000 900' 
16. Annex IV (A) (a) (5) is replaced by the following: 
'5. Variety; in the case ot varieties (inbred lines, hybrids), which are intended solely as 
components for hybrid varieties, the word 'component' shall be added.' 
17. In Annex IV (A) (a) (9), 'of maize' is deleted. 
Article 3 
Directive 68/193/EEC is hereby amended as follows: 
The following sentence is added to Article 5: 
'With regard to Spain, "31 December 1971" referred to above is replaced by "28 February 
1986".' 
Article 4 
Directive 69/208/EEC is hereby amended as follows: 
1. In Article 2 (1) (A), 
'Carthamus tine tortus L. Safflower' 
is inserted after 
'Cannabis sativa L. Hemp". 
2. In Article 2(1) (C), 'cotton' is deleted and 'safflower' inserted after 'dioecious hemp'. 
3. In Article 2(1) (D), 'cotton' is inserted after 'soya'. 
4. In Article 2(1) (E), 'cotton' is inserted after 'soya'. 
5. In Article 3 (1), 'Carthamus tinctorius L.' is inserted after 'Cannabis sativa L.\ 
6. In column 1 of the .ble in Annex I (2), 'Carthamus tinctorius' is inserted after Cannabis sativa 
other than monoecious hemp'. 
7. In Annex I (3), 'Carthamus tinctorius' is inserted after 'Cannabis sativa'. 
8. In Annex II (1) (2) (A), the following is inserted ;>fter the line of Cannabis sativa: 
..._ • T7TT" 
harthamus tinctorius 1 75 98 
1 1 ' < 1 . 
5 1 0 7 
0(c) H 1 9 
1 
i 10 11 
1 12 
(e)' 
31. 12. 85 Official Journal of the European Communities No C 349/41 
9. In Annex III, the following is inserted after the line Cannabis satwa: 
1 
'Carthamus tine tortus 1 1 
10 ! 900 
Article 5 
Directive 70/457/EEC is hereby amended as follows: 
1. The following sentence is added to Article 3 (3): 
'With regard to Spam, "1 July 1972" and "30 June 1980" referred to in the first sentence are 
replaced by "1 March 1986" and "31 December 1990" respectively in respect of the following 
species: 
Agrostis stolonijera 
Agrostis tenuis 
Phleum pratense 
Poa pratensis 
Hedysarum coronarium 
Lotus corniculatus 
Lupinus angustifolium 
Lupinus luteus 
Onobrychis vie it folia 
Tri folium alexandrinum 
Tri folium pratense 
Vicia villosa 
Brassica napus var. napobrissica 
Brassica oleracea eonvar. acephala 
Raphanus satirus ssp. oleifera 
Arachis hypogaea.' 
2. The following sentence is added to Article 15 (1): 
'With regard to Spain, "1 July 1972" referred to in the first sentence is replaced by "1 March 1986" 
in respect of varieties 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 catalogue 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, second and third sentences, of 
this Article.' 
3. The following sentence is added to Article 16: 
'With regard to Spain, "1 July 1972" referred to in the first sentence is replaced bv "1 March 
1986".' 
4. The following sentence is added to Article 17: 
'With regard to Spain, "1 July 1972" referred to in the first sentence is replaced by "1 March 
1986"' 
Article 6 
Directive 70/458/EEC is hereby amended as follows 
1. In Article 2 (1) (A), 
'Cucurbita maxima Duchesne 
is inserted after 
'Cucumis sativus L. 
and 
'Cynara cardunculus L. 
is inserted after 
'Cucurbita pepo L. Gourd' 
Cucumber, gherkin' 
Cardoon' 
Marrow'. 
2. In Article 2 (1) (F) (b), 'gourd' is inserted after 'water melon'. 
No C 349/42 Official Journal of the European Communities 31. 12. 85 
3. The following sentence is added to Article 9(1): 
'With regard to Spain "1 July 1972" and "30 June 1975" referred to in the first sentence is replaced 
by "1 March 1986" and "31 December 1988" respectively in respect of the following species: 
Apium graveolens 
Beta vulgaris var. esculenta 
Brassica oleracea 
Cichorium endivia 
Cucurbita pepo 
Petroselinum crispum 
Phaseolus coccineus 
Rap banns sativus 
Scorzonera bispanica.' 
4. The following sentence is added to Article 9 (2): 
'With regard to Spain, "1 July 1972" and "30 June 1980" referred to in the first sentence are 
replaced by "1 March 1986" and "31 December 1993" respectively in respect of the species 
referred to in the last sentence of paragraph 1.' 
5. The following sentence is added to Article 9 (3): 
'With regard to Spain, "30 June 1975" and "1 July 1972" referred to above are replaced by "31 
December 1988" and "1 March 1986" respectively in respect of the species referred to in the last 
sentence of paragraph 1.' 
6. The following sentence is added to Article 12 (1): 
'With regard to Spain, "1 July 1970" referred to in the second sentence is replaced by "1 March 
1986".' 
7. The following sentence is added to Article 16 (4): 
"With regard to Spain, "1 July 1972" referred to in the first sentence is replaced by "1 March 
1986".' 
8. The following sentence is added to Article 26 (2): 
'With regard to Spain, "1 July 1970" referred to in the first sentence is replaced by "1 March 
1986".' 
9. In Annex II (3) (a), r^e following are inserted after the lines of Cucumis sativus and Cucurbita 
pepo respectively: 
'Cucurbita maxima 
and 
'Cynara cardunculus 98 
96 0,1 
0,5 80' 
65' 
10. In Annex III (2), the following are inserted after the lines of Cucumis sativus and Cucurbita pepo 
respectively: 
'Cucurbita maxima 
and 
'Cynara cardunculus 250' 
50' 
Article 7 
Member States shall take the necessary steps to comply with the provisions of this Directive with effect 
from 1 March 1986, subject to the entry into force of the Treaty of Accession of Spain and 
Portugal. 
Article 8 
This Directive is addressed to the Member States.