26. 8. 80 Official  Journal  of the  European  Communities No C 218/17 
Article  2 
This  Regulation  is applicable  to operations  requiring 
assistance  which  have  been  agreed  by the Commission 
before  1 January  1982. Article  3 
This  Regulation  shall  enter  into  force  on... 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
Proposal  for a Council  Directive  amending  Directives  70/457/EEC  and  70/458/EEC  on 
the common  catalogue  of varieties  of agricultural  plant  species  and  on the marketing  of 
vegetable  seed 
(Submitted  by the Commission  to the Council  on 4 August  1980) 
THE  COUNCIL  OF 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 Commission, 
Having  regard  to the opinion  of the European  Par-
liament, 
Whereas,  for the reasons  given  below,  the Directives 
on the Common  catalogue  of varieties  of agricultural 
plant  species  and  on the marketing  of vegetable  seed 
should  be amended; 
Whereas,  pursuant  to the provisions  on the common 
catalogues  of  varieties,  official  acceptances  of 
varieties  granted  before  the implementation  of those 
provisions  in accordance  with  principles  other  than 
those  laid  down  in the Directives  in question  expire 
not later  than  30 June  1980,  if by that  date  the 
varieties  in question  have  not been  accepted  under  the 
Directives; 
Whereas,  in the  case  of a certain  number  of such 
varieties,  it has  not  been  possible  to complete 
acceptance  under  the Directives; 
Whereas,  provision  should  therefore  be made  to 
enable  the current  deadline  to be extended  in respect 
of individual  varieties; 
Whereas  in the case  of vegetable  seed  the  category 
'standard  seed',  permitted  under  the  Directive  in 
question,  is not subject  to official  examination  prior 
to marketing; Whereas  it should  therefore  be expressly  provided 
that the production  of seed  of this  category  is to be 
made  under  the direct  or indirect  responsibility  of an 
officially  registered  maintainer; 
Whereas  pursuant  to the  Directive  in question,  the 
marketing  of vegetable  seed  may  be restricted  to seed 
officially  certified  of the  categories  'basic  seed'  or 
'certified  seed',  either  throughout  the Community  or 
in certain  Member  States;  whereas,  however,  under 
the present  rules  this  may  be done  only  where  the 
restriction  applies  to all the  varieties  of a given 
species; 
Whereas,  with  a view  to promoting  the marketing  of 
seed officially  certified  as stated  by the Council  in the 
17th recital  of the  original  version  of Council 
Directive  70/458/EEC,  it should  be provided  that 
such restrictions  may  also  be applied  to certain 
varieties  only  of a given  species, 
HAS  ADOPTED  THIS  DIRECTIVE: 
Article  1 
The following  paragraph  is added  to Article  3 of 
Council  Directive  70/457/EEC  of 29 September  1970 
on the common  catalogue  of varieties  of agricultural 
plant  species  ('), as last amended  by Council  Directive 
79/967/EEC  (J): 
'4. In  accordance  with  the procedure  laid  down 
in Article  23, Member  States  may  be authorized  in 
0) OJ  No L 225,  12. 10. 1970,  p. 1. 
(') OJ No L 293,  20.11.  1979,  p. 16. 
No C 218/18 Official  Journal  of the  European  Communities 26. 8. 80 
respect  of individual  varieties  to extend  until  30 
June  1982  at the latest  the date  of expiry  provided 
for in paragraph  3, where,  on 1 July  1980,  the 
examination  procedure  initiated  for  these  varieties 
prior  to this  date,  with  a view  to their  acceptance 
under  this  Directive,  has  not  yet  yet  been 
completed.' 
Article  2 
Council  Directive  10/458/EEC  of 29 September  1970 
on the  marketing  of vegetable  seed  ('),  as  last 
amended  by  Council  Directive  79/967/EEC  (2) is 
hereby  amended  as follows: 
1. In Article  2(1)  (D)  the  following  shall  be inserted 
before  point  (a): 
'(aa)  which  has  been  produced  under  the 
responsibility  of the  breeder  or selector  in 
accordance  with  accepted  practices  for  the 
maintenance  of  the  variety,  with  the 
exception  of the  cases  mentioned  in Article 
12 (1),  second  and  third  sentences,  or which 
has been  produced  directly  from  such  seed,'. 
2. The  following  paragraph  is added  to Article  9: 
'2 (a) In accordance  with  the procedure  laid  down 
in Article  40,  Member  States  may  be auth-
orized  in respect  of individual  varieties  to extend  until  30 June  1983  at the  latest  the 
date  of expiry  provided  for  in paragraph  2, 
where,  on  1 Juli  1980,  the  examination 
procedure  initiated  for  these  varieties  prior 
to this  date,  with  a view  to their  acceptance 
under  this  Directive,  has  not  yet  been 
completed.' 
3. In Article  20 (2) the  following  is inserted  after  the 
words  'certain  species': 
'or varieties' 
4. In Article  30 (2)  the  following  shall  be inserted 
after  the words  'certain  species': 
'or varieties' 
Article  3 
Member  States  shall  bring  into  force  the  laws,  regu-
lations  and  administrative  provisions  necessary  to 
comply: 
— with  Article  1 and  Article  2, point  2, with  effect 
from  1 July  1980, 
— with  the  other  provisions  of this  Directive,  not 
later  than  1 July  1981. 
Article  4 
(') OJ No L 225,  12. 10. 1970,  p. 7. 
O OJ  No L 293,  20.11.  1979,  p. 16. This  Directive  is addressed  to the Member  States.