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A"*» COMMISSION OF THE EUROPEAN COMMUNITIES 
^^S^!^ C0M(93) 598final 
Brussels, 26 November 1993 
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Proposal for a 
COUNCIL DIRECTIVE 
amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 
69/208/EEC, 70/457/EEC and 70/458/BEC on the marketing of 
beet seed, fodder plant seed, cereal seed, seed potatoes, seed of 
oil and fibre plants and vegetable seed and on the common 
catalogue of varieties of agricultural plant species 
i (presented by the Commission) 
A 
EXPLANATORY MOTE 
Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 
70/457/EEC and 70/458/EEC lay down the conditions under which seed of beet, 
fodder plant, cereal, potatoes, oil and fibre plants and vegetable may be 
marketed within the Community and the conditions for inclusion in the Common 
Catalogue of varieties of agricultural plant species. 
Various provisions in the directives enable Member States to derogate 
unilaterally from certain provisions In the directives. With a view to the 
proper functioning of the internal market, it is now considered appropriate to 
amend or repeal these provisions in order to remove any actual or potential 
barriers to trade which may hinder the free movement of seeds within the 
Community. The main purpose of this proposal is to bring about this end and 
also to enlarge the scope of the existing directives to cover also the 
production, and, where appropriate, the use of seed. 
In addition, in the light of experience and of scientific and technical 
developments, the proposal clarifies and updates various provisions in the 
existing directives. It also establishes a legal basis to take account of 
developments in the areas of genetically modified varieties, novel food and 
novel food ingredients and chemically treated seed. 
Subsidiarity 
a) What are the objectives of the measure in relation to obligations with 
which the Community is charged? 
To ensure compatibility with the single market concept and the removal of 
actual or potential barriers to trade in an already harmonised area of 
legislation. 
- 2 -
b) Does the measure arise from an area where there is exclusive Community 
competence or where competence is shared with Member States? 
Exclusive Community competence. 
c) What forms of action are at the disposal of the Community? 
Further regulation in an already harmonised area. 
d) Is uniform regulation necessary or would a directive imposing general 
objectives suffice, leaving execution to be carried out at Member State 
level? 
Uniform regulation is necessary. 
The proposal would have little or no impact on small or medium-sized 
enterprises. 
- 2 é*-~ 
COUNCIL DIRECTIVE 
of 
amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 
69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of 
beet seed, fodder plant seed, cereal seed, seed potatoes, seed of 
oil and fibre plants and vegetable seed and on the common 
catalogue of varieties of agricultural plant species 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 43 thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the Opinion of the European Parliament2, 
Having regard to the Opinion of the Economic and Social Committee3, 
Whereas, for the reasons given below, the following Directives on the 
marketing of seed and propagating material should be amended: 
Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet 
seed4, as last amended by Directive 90/654/EEC5, 
Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder 
plant seed6, as last amended by Directive 92/19/EEC,7 
Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal 
seed8, as last amended by Directive 93/2/EEC9, 
Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed 
potatoes10, as last amended by Directive 93/3/EEC", 
1 OJ No C 
2 OJ No C 
3 OJ No C 
OJ No 125, 11.7.1966, p. 2290/66. 
OJ No L 353, 17.12.1990, p. 48. 
OJ No 125, 11.7.1966, p. 2298/66. 
OJ No L 104, 22.04.1992, p. 61. 
OJ No 125, 11.7.1966, p. 2309/66. 
OJ NO L 54, 05.03.1993, p. 20. 
OJ No 125, 11.7.1966, p. 2320/66. 
OJ No L 54, 05.03.1993, p. 21. 
- 3 -
Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed 
of oil and fibre plants12, as last amended by Directive 92/107/EEC13, 
Council Directive 70/457/EEC of 29 September 1970 on the common 
catalogue of varieties of agricultural plant species14, as last amended 
by Directive 90/654/EEC, 
Council Directive 70/458/EEC of 29 September 1970 on the marketing of 
vegetable seed15, as last amended by Directive 90/654/EEC; 
Whereas, in the context of the functioning of the internal market, it is 
necessary to amend or repeal certain provisions in the said Directives in 
order to remove any actual or potential barriers to trade which may hinder 
the free movement of seeds within the Community; whereas, to this end, any 
possibilities for Member States to derogate unilaterally from the 
provisions of the said directives should be removed; 
Whereas, for the same reasons, the scope of the said directives should be 
enlarged to cover the production, marketing and, where appropriate, the use 
of seed; 
Whereas it should be possible under specified conditions to place on the 
market bred seed of generations prior to basic seed and seed as grown; 
Whereas Member States making use of derogations still permitted under the 
said directives should assist each other administratively as regards 
control; whereas, the use of such derogations is without prejudice to the 
provisions of Article 8a of the Treaty; 
Whereas the conditions under which Member States may authorise small 
quantities of seed for tests, scientific purposes or selection work to be 
placed on the market should be determined by the Standing Committee on 
Seeds and Propagating Material for Agriculture, Horticulture and Forestry; 
OJ No L 169, 10.7.1969, p. 3. 
OJ No L 16, 25.01.1993, p. 1. 
OJ No L 225, 12.10.1970, p. 1. 
OJ No L 225, 12.10.1970, p. 7. 
- 4 -
Whereas, in certain cases, the Standing Committee on Seeds and Propagating 
Material for Agriculture, Horticulture and Forestry should determine 
whether packages of basic or certified seed should bear a supplier's label; 
Whereas, in the case of certain species of seed covered by Directive 
66/401/EEC it should be permitted to certify seed of the first and second 
generation; 
Whereas, in the case of seed covered by Directive 66/401/EEC, Member States 
should be permitted under certain conditions to authorise their own 
producers to place on the market fodder plant seed in the form of mixtures; 
Whereas in the case of certain species of seed covered by Directive 
66/402/EEC Member States should be permitted to restrict the certification 
of seed to that of the first generation; 
Whereas the minimum size of seed potatoes which may be placed on the market 
under Directive 66/403/EEC should be changed and a legal basis established 
to enable the maximum variation in size of seed potatoes to be increased in 
the future; whereas a provision in respect of separation, for plant health 
reasons, of seed potatoes from other potatoes should be introduced; 
Whereas in the case of seed covered by Directive 70/457/EEC seed should be 
capable of being freely marketed within the Community two months after 
publication in the common catalogue; 
Whereas in the case of mixtures of certain species covered by Directive 
70/458/EEC the conditions under which they may be placed on the market 
should be determined in accordance with the procedure of the Standing 
Committee on Seeds and Propagating Material for Agriculture, Horticulture 
and Forestry; whereas in respect of the same directive the provisions on 
the renewal of the official acceptance of certain varieties should be 
adapted in order to avoid disturbing current practices of marking packages; 
- 5 -
Whereas, in the light of experience, it is useful to clarify and update 
certain provisions in the abovementioned Directives; 
Whereas, in the light of scientific and technical developments, it is now 
possible to breed varieties through genetic modification; whereas, 
therefore, when determining whether to accept genetically modified 
varieties under Directives 70/457/EEC and 70/458/EEC, Member States should 
have regard to any risk related to the deliberate release into the 
environment; whereas, furthermore, a legal basis to establish the 
conditions under which such genetically modified varieties may be marketed 
should be introduced; 
Whereas, in the light of scientific and technical developments, it is 
proposed to regulate at Community level the marketing of novel food and 
novel food ingredients; whereas, therefore, it is appropriate for Member 
States also to have regard to any food health risks when determining 
whether to accept varieties under Directives 70/457/EEC and 70/458/EEC; 
whereas, furthermore, a legal basis should be established to take account 
of these developments; 
Whereas, in the light of scientific and technical developments, a legal 
basis to establish the conditions under which chemically treated seed may 
be marketed should be introduced; 
Whereas it is desirable to ensure that genetic resources are conserved and 
a legal basis to that end should be introduced; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 66/400/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
"This Directive shall apply to the production with a view to marketing, 
the marketing and, where appropriate, the use of beet seed within the 
Community." 
- 6 -
2. Article 3(1) is replaced by the following: 
"The Member States shall provide that beet seed may not be placed on 
the market unless it has been officially certified as "basic seed" or 
"certified seed". 
3. Article 3(3) is repealed. 
4. The following article is inserted after Article 3: 
"Article 3a 
Notwithstanding the provisions of Article 3(1) Member States shall 
provide that 
bred seed of generations prior to basic seed and 
seed as grown, marketed for processing, provided that the identity 
of the seed is ensured 
may be placed on the market." 
5. The following sentence is added at the end of Article 4: 
"Member States making use of the derogation provided for in either 
paragraph (a) or (b) above shall assist each other administratively as 
regards control." 
6. The following article is inserted after Article 4: 
"Article 4a 
1. Notwithstanding the provisions of Article 3(1) Member States may 
authorise producers on their own territory to place on the market 
small quantities of seed for tests, scientific purposes or 
selection work. 
2. The conditions under which Member States may grant such 
authorizations may be determined in accordance with the procedure 
laid down in Article 21." 
7. Article 10(4) is repealed. 
- 7 -
8. Article 11(2) is repealed. 
9. In Article lla(l)(a) the words "the label shall be blue in colour" are 
replaced by the words "the label shall be white in colour for basic 
seed and blue in colour for certified seed;". 
10. In Article lib the word "certified" is deleted. 
11. In Article lie the word "certified" is deleted. 
12. Article 12(1) is replaced by the following: 
"In accordance with the procedure laid down in Article 21 it may be 
provided that in cases other than those already provided for in this 
Directive, packages of basic or certified seed of any kind should bear 
a supplier's label (which may either be a label separate from the 
official label or take the form of suppliers' information printed on 
the package itself). The particulars to be provided on any such label 
shall also be established in accordance with the procedure laid down in 
Article 21." 
13. Article 14(1) is replaced by the following: 
"1. Member States shall ensure that seed which is placed on the market 
under the provisions of this Directive, whether mandatory or 
discretionary, shall not be subject to any marketing restrictions 
as regards their characteristics, examination requirements, 
marking and sealing other than those laid down in this or any 
other Community Directive." 
14. Former Article 14(2)(a) becomes Article 14(2). 
15. Article 14(2)(b) is repealed. 
16. Article 14(2)(c) is repealed. 
- 8 -
17. Article 14(3) is repealed. 
18. The following article is inserted after Article 14: 
"Article 14a 
The conditions under which bred seed of generations prior to basic seed 
may be placed on the market under Article 3a, first indent, are as 
follows: 
a) it has been officially controlled by the competent certification 
authority in accordance with the provisions applicable for the 
certification of basic seed; 
b) it is packed in accordance with the provisions of this Directive, 
and 
c) the packages bear an official label giving at least the following 
particulars: 
certification authority and Member State or their 
distinguishing abbreviation, 
lot reference number, 
- month and year of sealing, 
month and year of the last official sampling for the purposes 
of certification, 
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; indication whether sugar beet or fodder beet, 
variety, indicated at least in roman characters, 
- the description "pre-basic seed", 
number of generations preceding seed of the category 
"certified seed". 
The label shall be white with a diagonal violet line." 
19. Article 15(2) is replaced by the following: 
"2. Beet seed which has been harvested in the Community, and which is 
intended for certification in accordance with the provisions laid 
down in paragraph 1, shall 
- 9 -
be packed and labelled with an official label satisfying the 
conditions laid down in Annex IV(A) and (B), in accordance 
with the provisions laid down in Article 10(1), and 
be accompanied by an official document satisfying the 
conditions laid down in Annex IV(C). 
This provision shall not apply to the marketing of small 
quantities of such seed in the same local administrative area." 
20. Article 17 is replaced by the following: 
"1. In order to remove any temporary difficulties in the general 
supply of basic or certified seed that occur in the Community and 
cannot be otherwise overcome, it may be decided in accordance with 
the procedure laid down in Article 21 that Member States shall 
permit, for a specified period, the marketing throughout the 
Community, of seed of a category subject to less stringent 
requirements, or of seed of varieties not included in the "Common 
Catalogue of Varieties of Agricultural Plant Species" or in the 
national catalogues of varieties of the Member States; the 
marketing shall be confined to purposes of use of the seed by 
growers of beet who are affected by those difficulties in all or 
part of the Community. 
2. For a category of seed of any given variety, the official label 
shall be that provided for the corresponding category; in all 
other cases it shall be that provided for commercial seed. The 
label shall always state that the seed in question is of a 
category satisfying less stringent requirements. 
The Member States shall ensure that official labels are issued 
only for the amount of seed permitted for marketing pursuant to 
paragraph 1. 
The Member States concerned shall monitor the proper use of the 
seed permitted for marketing pursuant to paragraph 1. 
3. Rules for the application of paragraph 1 may be adopted in 
accordance with the procedure laid down in Article 21." 
- 10 -
21. Article 19(1) is replaced by the following: 
"1. Member States shall ensure that official inspections are carried 
out in relation to the marketing and, where appropriate, use of 
beet seed, at least by random checks, to verify compliance with 
the requirements of this Directive." 
22* Article 19(2) is replaced by the following: 
"2. Without prejudice to the free movement of seed within the 
Community, the Member States shall take ail necessary measures to 
ensure that the following particulars are presented during the 
marketing of quantities exceeding 2 kg of seed: 
(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 21." 
23. The following article is inserted after Article 22: 
"Article 22a 
Specific conditions may be established according to the procedure laid 
down in Article 21 to take account of developments in the areas of 
(a) conditions under which chemically treated seed may be marketed; 
(b) the conservation of genetic resources." 
24. In Annex 111(B)(8) the words "certified seed" are replaced by the word 
"category". 
- 11 -
Article 2 
Directive 66/401/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
"This Directive shall apply to the production with a view to marketing, 
the marketing and, where appropriate, the use of fodder plant seed 
within the Community." •> 
2. Article 2(1)(C) is replaced by the following: 
"C. Certified seed: seed of all the species listed under (A) above 
other than Lupinus spp., Pisum sativum and Vicia spp., 
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 have been found by official examination to satisfy 
the conditions laid down in Annexes I and II for basic seed; 
b) which is intended for the production of plants; 
c) which, subject to the provisions of Article 4(b) satisfies 
the conditions laid down in Annexes I and II for certified 
seed, and 
d) which has been found by official examination to satisfy the 
abovementioned conditions. 
3. The following paragraph is inserted after Article 2(1)(C): 
"Ca. Certified seed, first generation (Lupinus spp., Pisum sativum and 
Vicia spp.): seed 
a) which has been produced directly from basic seed or, if the 
breeder so requests, from seed of a generation prior to basic 
seed which can satisfy and has been found by official 
examination to satisfy the conditions laid down in Annexes I 
and II for basic seed; 
b) which is intended either for the production of seed of the 
category "certified seed, second generation" or for purposes 
other than the production of seed of fodder plants; 
c) which satisfies the conditions laid down in Annexes I and II 
for certified seed; and 
d) which has been found by official examination to satisfy the 
abovementioned conditions." 
- 12 -
4. The following paragraph is inserted after Article 2(l)(C)(Ca): 
"Cb. Certified seed, second generation (Lupinus spp., Pisum sativum 
and Vicia spp.) seed: 
a) which has been produced directly from basic seed, from 
certified seed of the first generation or, if the breeder so 
requests, from seed of a generation prior to basic seed and 
which can satisfy and has been found by official examination 
to satisfy the conditions laid down in Annexes I and II for 
basic seed; 
b) which is Intended for purposes other than the production of 
seed of fodder plants; 
c) which satisfies the conditions laid down in Annexes I and II 
for certified seed; and 
d) which has been found by official examination to satisfy the 
abovementioned conditions." 
5. In Article 2(1)(G) the words "basic seed" are inserted before the words 
"certified seed". 
6. Article 2(lc) is repealed. 
7. Former Article 2(ld) becomes Article 2(lc). 
8. In Article 3(1) the words "and unless it satisfies the conditions laid 
down in Annex II" are deleted. 
9. Article 3(2) is repealed. 
10. Former Article 3(3) becomes Article 3(2). 
11. Former Article 3(4) becomes Article 3(3). 
12. Article 3(5) is repealed. 
- 13 -
13. The following article is Inserted after Article 3: 
"Article 3a 
Notwithstanding the provisions of Article 3(1) Member States shall 
provide that 
- bred seed of generations prior to basic seed and 
seed as grown, marketed for processing, provided that the identity 
of the seed is ensured 
may be placed on the market." 
14. The following sentence is added at the end of Article 4: 
"Member States making use of the derogation provided for in either 
paragraph (a) or (b) above shall assist each other administratively as 
regards control." 
15. The following article is inserted after Article 4: 
"Article 4a 
1. Notwithstanding the provisions of Article 3(1), Member States may 
authorise producers on their own territory to place on the market 
small quantities of seed for tests, scientific purposes or 
selection work. 
2. The conditions under which Member States may grant such 
authorizations may be determined in accordance with the procedure 
laid down in Article 21." 
16. Article 9(4) is repealed. 
17. Article 10(2) is repealed. 
18. Article 10b is replaced the following: 
"Member States may provide that, on request, small EEC B packages of 
seed are sealed and marked officially or under official supervision 
according to Articles 9(1) and 10." 
- 14 -
19. Article 11 is replaced by the following: 
"1. In accordance with the procedure laid down in Article 21 it may be 
provided that Member States may require, that in cases other than 
those provided for in this Directive, packages of basic seed, 
certified or commercial seed, whether the seed has been produced 
in their own territory or Imported, should bear a supplier's label 
(which may either be a label separate from the official label or 
take the form of suppliers' information printed on the package 
itself) or that seed lots complying with the special conditions 
concerning the presence of Avena fatua laid down according to the 
procedure provided for in Article 21, should be accompanied by an 
official certificate attesting compliance with these conditions. 
2. The particulars to be provided on any such supplier's label shall 
also be established in accordance with the procedure laid down in 
Article 21." 
20. Article 13(2) is replaced by the following: 
"Notwithstanding paragraph 1 Member States may authorize their own 
producers to place on the market fodder plant seed in the form of 
mixtures intended for the production of fodder plants provided that 
such mixtures contain seed of plant species listed in Council 
Directives 66/401/EEC, 66/402/EEC or 69/208/EEC, but excluding 
those varieties referred to in Article 4(2)(a) of Directive 
70/457/EEC 
- the various components of the mixture complied, before mixing, 
with the marketing regulations applicable to them and 
providing it is proved that such mixtures are to be used only in 
an area where the current agronomic practice would justify such 
use. In so far as this area is outside the authorizing Member 
State's territory, such authorization is subject to approval by 
the Commission acting in accordance with the procedure laid down 
in Article 21. 
Other conditions under which such an authorization may be granted may 
be determined under the procedure laid down in Article 21." 
- 15 -
21. Article 14(1) is replaced by the following: 
"1. Member States shall ensure that seed which is placed on the market 
under the provisions of this Directive, whether mandatory or 
discretionary, shall not be subject to any marketing restrictions 
as regards their characteristics, examination requirements, 
marking and sealing other than those laid down in this or any 
other Community Directive." 
22. Former Article 14(la) becomes Article 14(2). 
23. Article 14(2) is repealed. 
24. Article 14(3) is repealed. 
25. The following article is inserted after Article 14: 
"Article 14a 
The conditions under which bred seed of generations prior to basic seed 
may be placed on the market under Article 3a, first indent, are as 
follows: 
a) it has been officially controlled by the competent certification 
authority in accordance with the provisions applicable for the 
certification of basic seed; 
b) it is packed in accordance with the provisions of this Directive, 
and 
c) the packages bear an official label giving at least the following 
particulars: 
certification authority and Member State or their 
distinguishing abbreviation, 
lot reference number, 
month and year of sealing, 
month and year of the last official sampling for the purposes 
of certification, 
species, indicated at least under its botanical name, which 
may be given in abridged form and without the authorities' 
names, in roman characters, 
- 16 -
variety, indicated at least in roman characters, 
the description "pre-basic seed", 
- number of generations preceding seed of the category 
"certified seed". 
The label shall be white with a diagonal violet line." 
26. Article 15(2) is replaced by the following: 
"2. Fodder plant seed which has been harvested in the Community, 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 IV(A) and (B), in accordance 
with the provisions laid down in Article 10(1), and 
be accompanied by an official document satisfying the 
conditions laid down in Annex IV(C). 
This provision shall not apply to the marketing of small 
quantities of such seed in the same local administrative area." 
27. Article 17 is replaced by the following: 
"1. In order to remove any temporary difficulties in the general 
supply of basic, certified or commercial seed that occur in the 
Community and cannot be otherwise overcome, it may be decided in 
accordance with the procedure laid down in Article 21 that Member 
States shall permit, for a specified period, the marketing 
throughout the Community, of seed of a category subject to less 
stringent requirements, or of seed of varieties not included in 
the "Common Catalogue of Varieties of Agricultural Plant Species" 
or in the national catalogues of varieties of the Member States; 
the marketing shall be confined to purposes of use of the seed by 
growers of fodder plants who are affected by those difficulties in 
all or part of the Community. 
- 17 -
2. For a category of seed of any given variety, the official label 
shall be that provided for the corresponding category; in all 
other cases it shall be that provided for commercial seed. The 
label shall always state that the seed In question is of a 
category satisfying less stringent requirements. 
2 The Member States shall ensure that official labels are issued 
only for the amount of seed permitted for marketing pursuant to 
paragraph 1. 
The Member States concerned shall monitor the proper use of the 
seed permitted for marketing pursuant to paragraph 1. 
bj. Rules for the application of paragraph 1 may be adopted in 
accordance with the procedure laid down in Article 21." 
28. Article 19(1) is replaced by the following: 
"1. Member States shall ensure that official inspections are carried 
out in relation to the marketing and, where appropriate, use of 
fodder plant seed, at least by random checks, to verify compliance 
with the requirements of this Directive." 
29. Article 19(2) is replaced by the following: 
"2. Without prejudice to the free movement of seed within the 
Community, the Member States shall take all necessary measures to 
ensure that the following particulars are presented during the 
marketing of quantities exceeding 2 kg of seed: 
(a) species, 
(b) variety, 
(c) category, 
(d) country of production and official control authority, 
(e) country of dispatch, 
(f) importer, 
(g) quantity of seed. 
- 18 -
The manner In which these particulars must be presented may be 
determined in accordance with the procedure laid down in Article 21." 
30. The following article is inserted after Article 22: 
"Article 22a 
Specific conditions may be established according to the procedure laid 
down in Article 21 to take account of developments in the areas of 
a) conditions under which chemically treated seed may be marketed; 
b) the conservation of genetic resources." 
31. In Annex II(I) paragraph 1, first indent the words ", Brassica napus 
var. napobrassica and Brassica oleracea convar. acephala" are added 
after the words "Annex I". 
32. In Annex II(I) paragraph 1, second indent the words "Brassica napus 
var. napobrassica, Brassica olearacea convar. acephala" are deleted. 
33. In Annex IV(A)(I)(c) the following is added after sub-paragraph 1: 
"1(a) In the case of mixtures intended for the production of fodder 
plants, [referred to in Article 13(2) above], the area in which 
it is intended to be used." 
34. In Annex IV(B)(a)(8) the words "certified seed" are replaced by the 
word "category". 
Article 3 
Directive 66/402/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
"This Directive shall apply to the production with a view to marketing, 
the marketing and, where appropriate, the use of cereal seed within the 
Community." 
2. In Article 2(1)(6) the words "and provided that the variety to which 
the seed belongs is listed in the national catalogue of the certifying 
Member State" are added after subparagraph (d). 
- 19 -
3. Article 3(1) is replaced by the following: 
"The Member States shall provide that cereal seed may not be placed on 
the market unless it has been officially certified as "basic seed", 
"certified seed", "certified seed, first generation" or "certified 
seed, second generation"." 
4. Article 3(4) is repealed. 
5. The following article is inserted after Article 3: 
"Article 3a 
Notwithstanding the provisions of Article 3(1) Member States shall 
provide that 
bred seed of generations prior to basic seed and 
seed as grown, marketed for processing, provided that the identity 
of the seed is ensured 
may be placed on the market." 
6. The following paragraph is added to Article 4: 
"4. Member States making use of the derogation provided for in either 
paragraph (l)(a) or. (l)(b) above shall assist each other 
administratively as regards control." 
7. The following article is inserted after Article 4: 
"Article 4a 
1. Notwithstanding the provisions of Article 3(1) Member States may 
authorise producers on their own territory to place on the market 
small quantities of seed for tests, scientific purposes or 
selection work. 
2. The conditions under which Member States may grant such 
authorizations may be determined in accordance with the procedure 
laid down in Article 21." 
- 20 -
8. The following article is inserted after Article 5: 
"Article 5a 
Member States may restrict the certification of seed of oats, barley, 
rice and wheat to that of the first generation." 
9. In Article 9(3) the words "... closed on their own territory. 
Conditions relating to these exceptions may be determined in accordance 
with the procedure laid down in Article 21" are added after the words 
"small packages". 
10. Article 10(2) is replaced by the following: 
"2. Member States may provide for exceptions to paragraph 1 in the 
case of small packages marketed on their own territory. Conditions 
relating to these exceptions may be determined in accordance with 
the procedure laid down in Article 21." 
11. Article 11(1) is replaced by the following: 
"In accordance with the procedure laid down in Article 21 it may be 
provided that in cases other than those already provided for in this 
Directive, packages of basic or certified seed of any kind should bear 
a supplier's label (which may either be a label separate from the 
official label or take the form of suppliers' information printed on 
the package itself). 
The particulars to be provided on any such label shall also be 
established in accordance with the procedure laid down in Article 21." 
12. The following paragraph is added to Article 11: 
"3. This Directive shall not affect the right of Member States to 
require that seed lots complying with the special conditions 
concerning the presence of Avena fatua laid down according to the 
procedure provided for in Article 21 shall be accompanied by an 
official certificate attesting compliance with these conditions." 
- 21 -
13. In Article 13(1) the word "may" is replaced by the word "shall". 
14. In Article 13(2) the word "may" is replaced by the word "shall". 
15. The following paragraph is added after Article 13(2): 
M2a The specific conditions under which such mixtures may be marketed 
shall be determiend by the procedure provided for in Article 21." 
16. Article 14(1) is replaced by the following: 
"1. Member States shall ensure that seed which is placed on the market 
under the provisions of this Directive, whether mandatory or 
discretionary, shall not be subject to any marketing restrictions 
as regards their characteristics, examination requirements, 
marking and sealing other than those laid down in this or any 
other Community Directive." 
17. Article 14(2) is repealed. 
18. Article 14(3) is repealed. 
19. The following article is inserted after Article 14: 
"Article 14a 
The conditions under which bred seed of generations prior to basic seed 
may be placed on the market under Article 3a, first indent, are as 
follows: 
a) it has been officially controlled by the competent certification 
authority in accordance with the provisions applicable for the 
certification of basic seed; 
b) it is packed in accordance with the provisions of this Directive, 
and 
c) the packages bear an official label giving at least the following 
particulars: 
certification authority and Member State or their 
distinguishing abbreviation, 
- 22 -
- lot reference number, 
month and year of sealing, 
month and year of the last official sampling for the purposes 
of certification, 
- species, Indicated at least under its botanical name, which 
may be given in abridged form and without the authorities' 
names, in roman characters, 
- variety, indicated at least In roman characters, 
the description "pre-basic seed", 
number of generations preceding seed of the categories 
"certified seed" or "certified seed of the first generation", 
The label shall be white with a diagonal violet line." 
20. Article 15(2) is replaced by the following: 
"2. Cereal seed which has been harvested in the Community, 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). 
This provision shall not apply to the marketing of small 
quantities of such seed in the same local administrative area." 
21. Article 17 is replaced by the following: 
"1. In order to remove any temporary difficulties in the general 
supply of basic or certified seed that occur in the Community and 
cannot be otherwise overcome, it may be decided in accordance with 
the procedure laid down in Article 21 that Member States shall 
permit, for a specified period, the marketing throughout the 
Community, of seed of a category subject to less stringent 
requirements, or of seed of varieties not included in the "Common 
Catalogue of Varieties of Agricultural Plant Species" or in the 
national catalogues of varieties of the Member States; the 
marketing shall be confined to purposes of use of the seed by 
growers of cereals who are affected by those difficulties in all 
or part of the Community. 
- 23 -
2. For a category of seed of any given variety, the official label 
shall be that provided for the corresponding category; in all 
other cases It shall be that provided for commercial seed. The 
label shall always state that the seed in question is of a 
category satisfying less stringent requirements. 
The Member States shall ensure that official labels are issued 
only for the amount of seed permitted for marketing pursuant to 
paragraph 1. 
The Member States concerned shall monitor the proper use of the 
seed permitted for marketing pursuant to paragraph 1. 
3. Rules for the application of paragraph 1 may be adopted in 
accordance with the procedure laid down in Article 21." 
22. Article 19(1) is replaced by the following: 
"1. Member States shall ensure that official inspections are carried 
out in relation to the marketing, and, where appropriate, the use 
of cereal seed, at least by random checks, to verify compliance 
with the requirements of this Directive." 
23. Article 19(2) is replaced by the following: 
"2. Without prejudice to the free movement of seed within the 
Community, the Member States shall take all necessary measures to 
ensure that the following particulars are presented during the 
marketing of quantities exceeding 2 kg of seed: 
(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 21." 
- 24 -
24. The following article is inserted after Article 22: 
"Article 22a 
Specific conditions may be established according to the procedure laid 
down in Article 21 to take account of developments in the areas of 
(a) conditions under which chemically treated seed may be marketed; 
(b) the conservation of genetic resources." 
Article 4 
Directive 66/403/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
"This Directive ehall apply to the production with a view to marketing, 
the marketing and, where appropriate, the use of seed potatoes within 
the Community." 
2. Article 3(2)(B) is repealed. 
3. The following article is inserted after Article 3: 
"Article 3a 
Notwithstanding the provisions of Article 3(1) Member States shall 
provide that bred seed potatoes of generations prior to basic seed 
potatoes may be placed on the market." 
4. The following article is inserted after Article 4: 
"Article 4a 
1. Notwithstanding the provisions of Article 3(1) Member States may 
authorise producers on their own territory to place on the market 
•mall quantities of seed potatoes for tests, scientific purposes 
or selection work. 
2. The conditions under which Member States may grant such 
authorizations may be determined in accordance with the procedure 
laid down in Article 21." 
- 25 -
5. The following article is inserted after Article 5: 
"Article 5a 
1. The Member States may require that seed potatoes produced in their 
own territory may be separated during production from other 
potatoes. 
2. The requirement in paragraph 1 may include measures to: 
- separate the production of seed and other potatoes; 
separate the grading, storage, transportation, keeping and 
handling of seed and other potatoes, with exception of 
potatoes that are graded, stored, transported or handled on 
their place of production; 
prescribe that only officially certified seed potatoes may be 
planted." 
6. Article 7(1) is replaced by the following: 
"1. The Member States shall provide that seed potatoes may not be 
placed on the market unless they have a minimum size such that 
they do not pass through a square mesh of 25 x 25 mm. In the case 
of tubers which are too large to pass through a square mesh of 
35 x 35 mm, the upper and lower size limits shall be expressed in 
multiples of 5. 
The maximum variation in size between tubers in a lot shall be 
such that the difference between the dimensions of the two square 
meshes used does not exceed 25 mm. This latter figure may be 
increased in accordance with the procedure laid down in 
Article 19." 
7. Article 7(4) is repealed. 
8. Article 10(2) is replaced by the following: 
"2. Member States may provide for exceptions to paragraph 1 in the 
case of small packages marketed on their own territory. Conditions 
relating to these exceptions may be determined in accordance with 
the procedure laid down in Article 19." 
- 26 -
9. Article 11 is replaced by the following: 
"In accordance with the procedure laid down in Article 19 it may be 
provided that Member States may require that, in cases other than those 
provided for in this Directive, packages or containers of basic seed 
potatoes or certified seed potatoes whether such seed potatoes have 
been produced in their own territory or imported, should bear a 
supplier's label (which may either be a label separate from the 
official label or take the form of suppliers' information printed on 
the package or container itself). The particulars to be provided on any 
such label shall also be established in accordance with the procedure 
laid down in Article 19." 
10. Article 13(1) is replaced by the following: 
"1. Member States shall ensure that seed potatoes which are placed on 
the market under the provisions of this Directive, whether 
mandatory or discretionary, shall not be subject to any marketing 
restrictions as regards their characteristics, examination 
requirements, marking and sealing other than those laid down in 
this or any other Community Directive." 
11. Article 13(4) is repealed. 
12. The following article is inserted after Article 13: 
"Article 13a 
The conditions under which bred seed potatoes of generations prior to. 
basic seed may be placed on the market under Article 3a, are as 
follows: 
a) they have been officially checked by the competent certification 
authority in accordance with the provisions applicable for the 
certification of basic seed potatoes; 
b) they are placed in packages or containers in accordance with the 
provisions of this Directive, and 
c) the packages or containers bear an official label giving at least 
the following particulars: 
certification authority and Member State or their 
distinguishing abbreviation, 
- 27 -
product's identification number or lot reference number, 
month and year of closing, 
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, 
the description "pre-basic seed potatoes". 
The label shall be white with a diagonal violet line." 
13. Article 14(1) is replaced by the following: 
"1. The Commission may prohibit, in whole or in part, the marketing of 
seed potatoes harvested in a particular area of the Community if 
the progeny of officially drawn samples of basic seed potatoes or 
certified seed potatoes harvested in that particular area and 
grown in one or more Community test fields has for three 
successive years fallen appreciably below the minimum conditions 
laid down in Annex I, lc), 2c), 3 and 4. Satisfaction of the other 
minimum conditions laid down in Annex I may also be checked during 
the comparative tests." 
14. Article 14(2) is replaced by the following: 
"2. Any measures taken under paragraph 1 shall be withdrawn as soon as 
it has been established with adequate certainty that the basic 
seed potatoes and certified seed potatoes harvested in the 
particular area of the Community concerned will in future satisfy 
the minimum conditions referred to in paragraph 1." 
15. Article 14(3) is repealed. 
16. Former Article 14(4) becomes Article 14(3). 
- 28 -
17. Article 16 is replaced by the following: 
"1. In order to remove any temporary difficulties in the general 
supply of basic seed potatoes or certified seed potatoes that 
occur in the Community and cannot be otherwise overcome, it may be 
decided in accordance with the procedure laid down in Article 19 
that Member States shall permit, for a specified period, the 
marketing throughout the Community, of seed of a category subject 
to less stringent requirements, or of seed of varieties not 
included in the "Common Catalogue of Varieties of Agricultural 
Plant Species" or in the national catalogues of varieties of the 
Member States; the marketing shall be confined to purposes of use 
of the seed potatoes by growers of potatoes who are affected by 
those difficulties in all or part of the Community. 
2. For a category of seed potatoes of any given variety, the official 
label shall be that provided for the corresponding category; in 
all other cases it shall be that provided for commercial seed 
potatoes. The label shall always state that the seed potatoes in 
question are of a category satisfying less stringent requirements. 
. Member States shall ensure that official labels are issued only 
for the amount of seed potatoes permitted for marketing pursuant 
to paragraph 1. 
The Member States concerned shall monitor the proper use of the 
seed potatoes permitted for marketing pursuant to paragraph 1. 
tf. Rules for the application of paragraph 1 may be adopted in 
accordance with the procedure laid down in Article 19." 
18. Article 18(1) is replaced by the following: 
"1. Member States shall ensure that official inspections are carried 
out in relation to the marketing, and where appropriate, the use 
of seed potatoes, at least by random checks, to verify compliance 
with the requirements of this Directive." 
- 29 -
19. Article 18(2) is replaced by the following: 
"2. Without prejudice to the free movement of seed potatoes within the 
Community, the Member States shall take all necessary measures to 
ensure that the following particulars are presented during the 
marketing of quantities exceeding 2 kg of seed potatoes: 
(a) species, 
(b) variety, 
(c) category, 
(d) country of production and control authority, 
(e) country of dispatch, 
(f) importer, 
(g) quantity of seed potatoes. 
The manner in which these particulars must be presented may be 
determined in accordance with the procedure laid down in Article 19." 
20. The following article is inserted after Article 20: 
"Article 20a 
Specific conditions may be established according to the procedure laid 
down in Article 19 to take account of developments in the areas of 
(a) conditions under which chemically treated seed potatoes may be 
marketed; 
(b) the conservation of genetic resources." 
Article 5 .: 
Directive 69/208/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
"This Directive shall apply to the production with a view to marketing, 
the marketing and, where appropriate, the use of seed of oil and fibre 
plants within the Community and intended for agricultural production 
but excluding use for ornamental purposes." 
- 30 -
2. In Article 3(1) the words "and unless it satisfies the conditions laid 
down in Annex II" are deleted. 
3. In Article 3(2) the words "and unless the seed also satisfies the 
conditions laid down in Annex II" are deleted. 
4. Article 3(5) is repealed. 
5. The following article is inserted after Article 3: 
"Article 3a 
Notwithstanding the provisions of Articles 3(1) and (2) Member States 
shall provide that 
- bred seed of generations prior to basic seed and 
- seed as grown, marketed for processing, provided that the identity 
of the seed is ensured 
may be placed on the market." 
6. The following sentence is added at the end of Article 4: 
"Member States making use of the derogation provided for in either 
paragraph (a) or (b) above shall assist each other administratively as 
regards control." 
7. The following article is inserted after Article 4: 
"Article 4a 
1. Notwithstanding the provisions of Article 3(1) and (2) Member 
States may authorise producers on their own territory to place on 
the market small quantities of seed for tests, scientific purposes 
or selection work. 
2. The conditions under which Member States may grant such 
authorizations may be determined in accordance with the procedure 
laid down in Article 20." 
8. The following words are added at the end of Article 9(3): "... closed 
on their own territory. Conditions relating to these exceptions may be 
determined in accordance with the procedure laid down in Article 20." 
- 31 -
9. Article 10(2) is replaced by the following: 
"2. Member States may provide for exceptions to paragraph 1 in the 
case of small packages marketed on their own territory. Conditions 
relating to these exceptions may be determined in accordance with 
the procedure laid down in Article 20." 
10. Article 11 is replaced by the following: 
"In accordance with the procedure laid down in Article 20 it may be 
provided that Member States may require that, in cases other than those 
provided for in this Directive, packages of basic seed, certified seed 
of all categories or commercial seed, whether the seed has been 
produced in their own territory or imported, should bear a supplier's 
label (which may either be a label separate from the official label or 
take the form of suppliers' information printed on the package itself). 
The particulars to be provided on any such label shall also be 
established in accordance with the procedure laid down in Article 20." 
11. Article 13(1) is replaced by the following: 
"1. Member States shall ensure that seed which is placed on the market 
under the provisions of this Directive, whether mandatory or 
discretionary, shall not be subject to any marketing restrictions 
as regards its characteristics, examination requirements, making 
and sealing other than those laid down in this or any other 
Community Directive." .: 
12. Article 13(2) is repealed. 
13. Article 13(3) is repealed. 
14. The following article is inserted after Article 14: 
"Article 14a 
The conditions under which bred seed of generations prior to basic seed 
may be placed on the market under Article 3a, first indent, are as 
follows: 
- 32 -
a) it has been officially controlled by the competent certification 
authority in accordance with the provisions applicable for the 
certification of basic seed; 
b) it is packed in accordance with the provisions of this Directive, 
and 
c) the packages bear an official label giving at least the following 
particulars: 
- certification authority and Member State or their 
distinguishing abbreviation, 
lot reference number, 
- month and year of sealing, 
month and year of the last official sampling for the purposes 
of certification, 
- species, indicated at least under its botanical name which 
may be given in abridged form and without the authorities' 
names, in roman characters, 
- variety, indicated at least in roman characters, 
the description "pre-basic seed", 
- number of generations preceding seed of the categories 
"certified seed", or "certified seed of the first 
generation". 
The label shall be white with a diagonal violet line." 
15. Article 14(2) is replaced by the following: 
"2. Seed of oil and fibre plants which has been harvested in the • 
Community, 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). 
This provision shall not apply to the marketing of small 
quantities of such seed in the same local administrative area." 
- 33 -• 
16. Article 16 is replaced by the following: 
"1. In order to remove any temporary difficulties in the general 
supply of basic or certified seed that occur in the Community and 
cannot be otherwise overcome, it may be decided in accordance with 
the procedure laid down in Article 20 that Member states shall 
permit, for a specified period, the marketing throughout the 
Community, of seed of a category subject to less stringent 
requirements, or of seed of varieties not included in the "Common 
Catalogue of Varieties of Agricultural Plant Species" or in the 
national catalogues of varieties of the Member States; the 
marketing shall be confined to purposes of use of the seed by 
growers of oil and fibre plants who are affected by those 
difficulties in all or part of the Community. 
2. For a category of seed of any given variety, the official label 
shall be that provided for the corresponding category; in all 
other cases it shall be that provided for commercial seed. The 
label shall always state that the seed in question is of a 
category satisfying less stringent requirements. 
3 The Member States shall ensure that official labels are Issued 
only for the amount of seed permitted for marketing pursuant to . 
paragraph 1. 
The Member States concerned shall monitor the proper use of the 
seed permitted for marketing pursuant to paragraph 1. ; 
ti. Rules for the application of paragraph 1 may be adopted in 
accordance with the procedure laid down in Article 20." 
17. Article 18(1) is replaced by the following: 
"1. Member States shall ensure that official inspections are carried 
out in relation to the marketing, and where appropriate, the use 
of seed of oil and fibre plants, at least by random checks, to 
verify compliance with the requirements of this Directive." 
- 34 -
18. Article 18(2) is replaced by the following: 
"2. Without prejudice to the free movement of seed within the 
Community, the Member States shall take all necessary measures to 
ensure that the following particulars are presented during the 
marketing of quantities exceeding 2 kg of seed: 
(a) species, 
(b) variety, 
(c) category, 
(d) country of production and official control authority, 
(e) country of dispatch, 
(£) importer, 
(g) quantity of seed. 
The manner in which these particulars must be presented may be 
determined in accordance with the procedure laid down in Article 20." 
19. The following article is inserted after Article 21: 
"Article 21a 
Specific conditions may be established according to the procedure laid 
down in Article 20 to take account of developments in the areas of 
(a) conditions under which chemically treated seed may be marketed;, 
(b) the conservation of genetic resources." 
Article 6 • 
Directive 70/457/EEC is hereby amended as follows: 
1. The following paragraphs are added after Article 4(3): 
"4. In the case of a genetically modified variety within the meaning 
of Article 2(1) and (2) of Directive 90/220/EEC on the deliberate 
release into the environment of genetically modified organisms16, 
the variety shall only be accepted if it is safe for human health 
and the environment. 
5. Furthermore, where material of a variety referred to in 
paragraph (4) is intended to be used as a food or food ingredient 
falling within the scope of Council Regulation (EEC) .../9317 on 
novel foods or food ingredients, the Member States shall ensure, 
before accepting the variety, 
16 OJ No L 117, 08.05.1990, p. 15. 
17 OJ No 
- 35 -
- that the food or food ingredient has been authorized in 
accordance with Regulation (EEC) ../93, or 
- that the food or food ingredient complies with the general 
criteria mentioned in Annex II to Regulation (EEC) .../93." 
2. The following subparagraph is added to Article 7(2): 
"c) the necessary arrangements for the growing trials to be carried 
out with a view to assessing the value for cultivation or use." 
3. The following paragraph is added after Article 7(3): 
"4a) In the case of a genetically modified variety referred to in 
Article 4(4) an environmental risk assessment similar to that 
laid down in Directive 90/220/EEC shall be carried out. 
b) In accordance with the procedure laid down in Article 23, 
detailed procedures shall be established to ensure the 
application of sub-paragraph (a). 
c) Articles 11 to 18 of Directive 90/220/EEC shall no longer apply 
to genetically modified varieties once the detailed procedures 
referred to in subparagraph (b) above have been established. Such 
procedures shall be established by the date referred to in the 
third indent of Article 9(1) of Directive ...". 
4. The following paragraph is added after Article 7(4): 
"5. In the case of a variety to be used as a novel food or food 
ingredient referred to in Article 4(5) 2nd indent, a scientific ; 
asssessment as to its suitability for food shall be carried out in 
accordance with the relevant procedure laid down in Regulation 
(EEC) .../93. Where in that Regulation references are made to the 
procedure of the Standing Committee for Foodstuffs, the procedure 
laid down in Article 23 shall apply. In accordance with the same 
procedure, detailed procedures shall be established to ensure the 
application of this paragraph." 
5. The following paragraph is added after Article 12a(3): 
"4. In accordance with the procedure laid down in Article 23 rules may 
be established for the application of paragraphs 1 and 2." 
- 36 -
6. Article 15(1) is replaced by the following: 
"1. The Member States shall ensure that, with effect from the 
publication referred to in Article 18, seed of varieties accepted 
in accordance with the provisions of this Directive or in 
accordance with principles corresponding to those of this 
Directive are subject to no marketing restrictions relating to 
variety." 
7. Article 15(2) is replaced by the following: 
"2. By way of derogation from paragraph 1, a Member State may, upon 
application which will be dealt with as provided for in 
Article 23, be authorized to prohibit the use in all or part of 
its territory of seed of the variety in question 
a) 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 the 
environment, or 
b) where official growing trials carried out in the applicant 
Member States, Article 5(4) being applied correspondingly, 
show that the variety does not, in any part of its territory, 
produce results corresponding to those obtained from a 
comparable 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. The application shall be .: 
lodged before the end of the third calendar year following 
that of acceptance." 
8. Article 15(3) is repealed. 
9. Article 15(4) is repealed. 
10. Article 15(5) is repealed. 
11. Article 15(6) is repealed. 
- 37 -
12. Article 15(7) is repealed. 
13. The following article is added after Article 24: 
"Article 24a 
Specific conditions may be established according to the procedure laid 
down in Article 23 to take account of developments in the areas of the 
conservation of genetic resources." 
Article 7 
Directive 70/458/EEC is hereby amended as follows: 
1. Article 1 is replaced by the following: 
"This Directive shall apply to the production, with a view to 
marketing, marketing and, where appropriate, the use of vegetable seed 
within the Community. 
2. Former Article 4 becomes Article 4(1). 
3. The following paragraphs are added after Article 4(1): 
"2. In the case of a genetically modified variety within the meaning 
of Article 2(1) and (2) of Directive 90/220/EEC on the deliberate 
release into the environment of genetically modified organisms, 
the variety shall only be accepted if it is safe for human health 
and the environment. 
3. Furthermore, where material of a variety referred to in .: 
paragraph (2) is intended to be used as a food or food ingredient 
falling within the scope of Council Regulation (EEC) .../93 on 
novel foods or food ingredients the Member States shall ensure, 
before accepting the variety, 
- that the food or food ingredient has been authorized in 
accordance with Regulation (EEC) .../93 or 
- that the food or food ingredient complies with the general 
criteria mentioned in Annex II to Regulation (EEC) .../93." 
- 38 -
4. The following paragraph is added after Article 7(3): 
"4a) In the case of a genetically modified variety referred to in 
Article 4(2) an environmental risk assessment similar to that 
laid down in Directive 90/220/EEC shall be carried out. 
b) In accordance with the procedure laid down in Article 40, 
detailed procedures shall be established to ensure the 
application of sub-paragraph (a). 
c) Articles 11 to 18 of Directive 90/220/EEC shall no longer apply 
to genetically modified varieties, once the detailed procedures 
referred to in subparagraph (b) above have been established. Such 
procedures shall be established by the date referred to in the 
third indent of Article 9(1) of Directive ...". 
5. The following paragraph is added after Article 7(4): 
"5. In the case of a variety to be used as a novel food or food 
ingredient referred to in Article 4(3) 2nd indent, a scientific 
assessment as to its suitability for food shall be carried out in 
accordance with the relevant procedure laid down in Regulation 
(EEC) . ../93. Where in that Regulation references are made to the 
procedure of the Standing Committee for Foodstuffs, the procedure 
laid down in Article 40 shall apply. In accordance with the same 
procedure, detailed procedures shall be established to ensure the 
application of this subparagraph." 
6. The following paragraph is added after Article 15(2): 
"3. In the case of varieties whose acceptance has been renewed 
pursuant to Article 13(3), Member States may allow the names used 
before such renewal to be used until 30 June 1994." 
7. The following paragraph is added after Article 13a(3): 
"4. In accordance with the procedure laid down in Article 40 rules may 
be established for the application of paragraphs 1, 2 and 3." 
- 39 -
8. In Article 16(1) second and third alinéa the wording: 
"after expiry of a period of two months following" is replaced by "with 
effect from". 
9. Article 16(2) is repealed. 
10. Article 16(3) is repealed. 
11. Article 16(4) is repealed. 
12. Article 20(1) is repealed. 
13. Former Article 20(la) becomes Article 20(1) and is amended as follows: 
"1. The Member States shall provide that seed of vegetable 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 conditions laid down in 
Annex II;". 
14. Article 20(4) is repealed. 
15. The following article is inserted after Article 20: 
"Article 20a 
Notwithstanding the provisions of Article 3(1) Member States shall 
provide that 
bred seed of generations prior to basic seed and 
seed as grown, marketed for processing, provided that the identity 
of the seed is ensured 
may be placed on the market." 
16. The following sentence is added at the end of Article 21: 
"Member States making use of the derogation provided for in either 
paragraph (a) or (b) above shall assist each other administratively as 
regards control." 
- 40 -
17. The following article is inserted after Article 21: 
"Article 21a 
1. Notwithstanding the provisions of Article 3(1), Member States may 
authorize producers on their own territory to place on the market 
small quantities of seed for tests, scientific purposes or 
selection work. 
2. The conditions under which Member States may grant such 
authorizations may be determined in accordance with the procedure 
laid down in Article 40." 
18. Article 24(3) is replaced by the following: 
"3. Notwithstanding paragraph 1 and in accordance with the procedure 
laid down in Article 40, Member States may authorize their own 
producers to place on the market 
mixtures of standard seed of different varieties of Lactuca 
sativa L. 
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 mixtures are shown on the package." 
19. Article 26(la) is replaced by the following: 
"la Member States may provide for exceptions to paragraph 1 in the <: 
case of small packages marketed on their own territory. Conditions 
relating to these exceptions may be determined in accordance with 
the procedure laid down in Article 40." 
20. Article 28(1) is replaced by the following: 
"1. In accordance with the procedure laid down in Article 40 it may be 
provided that in cases other than those already provided for in 
this Directive, packages of basic or certified seed of any kind 
should bear a supplier's label (which may either be a label 
separate from the official label or take the form of supplier's 
information printed on the package itself). 
- 41 -
The particulars to be provided on any such label shall also be 
established in accordance with the procedure laid down in 
Article 40." 
21. Article 30(1) is replaced by the following: 
"1. Member States shall ensure that seed which is placed on the market 
under the provisions of this Directive, whether mandatory or 
discretionary, shall not be subject to any marketing restrictions 
as regards their characteristics, examination requirements, 
marking and sealing other than those laid down in this or any 
other Community Directive." 
22. Article 30(3) is repealed. 
23. The following article is inserted after Article 30: 
"Article 30a 
The conditions under which bred seed of generations prior to basic seed 
may be placed on the market under Article 20a, first indent, are as 
follows: 
a) it has been officially controlled by the competent certification 
authority in accordance with the provisions applicable for the 
certification of basic seed; 
b) it is packed in accordance with the provisions of this Directive', 
and 
c) the packages bear an official label giving at least the following 
particulars: 
- certification authority and Member State or their 
distinguishing abbreviation, 
- lot reference number, 
- month and year of sealing, 
- month and year of the last official sampling for the purposes 
of certification, 
- 42 -
species, indicated at least under its botanical name, which 
may be given in abridged form and without the authorities' 
names, in roman characters, 
- variety, indicated at least in roman characters, 
- the description "pre-basic seed", 
- number of generations preceding seed of the categories 
"certified seed" or "certified seed of the first generation", 
The label shall be white with a diagonal violet line." 
24. Article 31(2) is replaced by the following: 
"2. Vegetable seed which has been harvested in the Community, 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 25(1), and 
- be accompanied by an official document satisfying the 
conditions laid down in Annex V(C). 
This provision shall not apply to the marketing of small 
quantities of such seed in the same local administrative area." 
25. Article 33 is replaced by the following: 
"1. In order to remove any temporary difficulties in the general 
supply of basic, certified or standard seed that occur in the 
Community and cannot be otherwise overcome, it may be decided in 
accordance with the procedure laid down in Article 40 that Member 
States shall permit, for a specified period, the marketing 
throughout the Community, of seed of a category subject to less 
stringent requirements, or of seed of varieties not included in 
the "Common Catalogue of Varieties of Vegetable Species" or in the 
national catalogues of varieties of the Member States; the 
marketing shall be confined to purposes of use of the seed by 
growers of vegetables who are affected by those difficulties in 
all or part of the Community. 
- 43 -
2. For a category of seed of any given variety, the official label 
shall be that provided for the corresponding category; in all 
other cases it shall be that provided for commercial seed. The 
label shall always state that the seed in question is of a 
category satisfying less stringent requirements. 
3. The Member States shall ensure that official labels are issued 
only for the amount of seed permitted for marketing pursuant to 
paragraph 1. 
The Member states concerned shall monitor the proper use of the 
seed permitted for marketing pursuant to paragraph 1. 
if. Rules for the application of paragraph 1 may be adopted in 
accordance with the procedure laid down in Article 40." 
26. Article 35(1) is replaced by the following: 
"1. Member States shall ensure that official inspections are carried 
out in relation to the marketing, and where appropriate, the use 
of vegetable seed, at least by random checks, to verify compliance 
with the requirements this Directive." 
27. Article 35(2) is replaced by the following: 
"2. Without prejudice to the free movement of seed within the 
Community, the Member States shall take all necessary measure to 
ensure that the following particulars are presented during the 
marketing of quantities exceeding 2 kg of seed: 
(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 wich these particulars must be presented may be 
determined in accordance with the procedure laid down in 
Article 40." 
- 44 -
28. The following article is added after Article 41: 
"Article 41a 
Specific conditions may be established according to the procedure laid 
down in Article 40 to take account of developments in the areas of 
(a) conditions under which chemically treated seed may be marketed; 
(b) the conservation of genetic resources." 
29. Article 42 is replaced by the following: 
"Upon application by a Member State, which will be dealt with as 
provided in Article 40, 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 16(1) and in Article 30(1), to certain species which are not 
normally reproduced or marketed in its territory." 
Article 8 
Member States may, during a transitional period of not more than four years 
after the entry into force of the laws, regulations or administrative 
provisions necessary to comply with this Directive and by way of derogation 
from Article 2(1)(C)(a) and (b) of Directive 66/401/EEC, permit the 
marketing of seed of a generation previously permitted. 
Article 9 
1. Member States shall bring into force the laws, regulations or 
administrative provisions necessary to comply 
- with Article 6(3) and Article 7(4), in so far as those provisions 
relate to the process of establishing the detailed procedures 
referred to therein, not later than one month after the date of 
notification of this Directive; 
with Article 7(6) with effect from 1 July 1993 and 
- with the other provisions of this Directive not later than six 
months after the date of notification of this Directive. 
When Member States adopt these measures, they shall contain a reference 
to this Directive or shall be accompanied by such reference on the 
occasion of their official publication. 
- 45 -
The methods of making such a reference shall be laid down by the Member 
States. 
2. Member States shall immediately communicate to the Commission all 
provisions of domestic law which they adopt in the field governed by 
this Directive. The Commission shall inform the other Member States 
thereof. 
Article 10 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 
ft 
ISSN 0254-1475 
COM(93) 598 final 
DOCUMENTS 
EN 02 03 
Catalogue number : CB-CO-93-637-EN-C 
ISBN 92-77-61742-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg