Proposal for a COUNCIL DIRECTIVE on the marketing of seed of oil and fibre plants (consolidated version)
Date: 1995-12-11
Institutions: European Commission
Subjects: codification of EU law, marketing, plant propagation, seed, seedling

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  11.12.1995 
COM(95)  622  final 

95/0302  (CNS) 
95/0303  (CNS) 
95/0304  (CNS) 
95/0305  (CNS) 

Proposal  for  a 
COUNCIL  DIRECTIVE 

on  the  marketing  of  seed  potatoes 

(consolidated  version) 

Proposal  for  a 
COUNCIL  DIRECTIVE 

on  the  marketing  of  beet  seed 

(consolidated  version) 

À 

Proposal  for  a 

COUNCIL  DIRECTIVE 

on  the  marketing  of  seed  of  oil  and  fibre  plants 

(consolidated  version) 

Proposal  for  a 
COUNCIL  DIRECTIVE 

on  the  marketing  of  fodder  plant  seed 

(consolidated  version) 

(presented  by  the  Commission) 

n 
I 

Proposal  for  a 
COUNCIL  DIRECTIVE 

on the  marketing  of  seed  potatoes 

(consolidated  version) 

S 

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  shoxild  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  66/403/EEC  of  14 June  1966 
on aie marketing of seed potatoes 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  ^).  This codified  text will serve  as 
the  basis  for  future  legislative  developments  in  this  field. 

5.  Certain  provisions  of  Directive  66/403/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  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,  arid  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  66/403/EEC  replacing  "EEC"  by  "EC". 

This amendment  and those  already proposed  to the  Council will, following  adoption, be 
incorporated  in  the  consolidation  proposal  wliich  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  66/403/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 
V  to  the  consolidated  Directive. 

(1)  Annex IV, part  A of this proposal. 

SL 

Proposal  for  a 

Council  Directive  ~J~JEC 

on  the  marketing  of  seed  potatoes 

95/0302  (CNS) 

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^1); 

Having  regard  to  the  opinion  of  the  Economic  and  So 
cial  Committee^2); 

1)  Whereas  Councfl  Directive  66/403/EEC  of  14 June  1966 
on  the  marketing  of  seed  potatoes^3) has been  frequently 
and  substantially  amended; whereas for  reasons  of  clarity 
and  rationality  the said Directive  should  be  consolidated; 

2)  Whereas  potato  production  occupies  an  important  place 

66/403/EEC 

in  the  agriculture  of  the  Community, 

3)  Whereas  satisfartory  results  in  potato  cultivation  depend 
to  a  large  extent  on  the  use  of  appropriate  seed  pota 
toes;  whereas  to  this  end  certain  Member  States  have 
for  some  time  restricted  the  marketing  of  seed  potatoes 
to  high-quality  seed  potatoes;  whereas  they  have  been 
able  to  take  advantage  of  the  systematic  plant  selection 
work  carried  out  over  several  decades which  has  resulted 
in the development  of  sufficiently  stable  and  uniform  po 
tato  varieties  which,  by  reason  of  their  characteristics, 
promise  to  be  of  great  value  for  the  purposes  in  view, 

4)  Whereas  greater  productivity  will  be  achieved  in  Com 
munity  potato  cultivation  if  for  the  choice  of  the  vari 
eties  permitted  to  be  marketed  the  Member  States  apply 
uniform  rules which  are  as strict  as possible,  in  particular 
as regards health  status; whereas  a common  catalogue  of 
varieties  of  agricultural  plant  species  is  therefore  pro 
vided  for  in  Councfl  Directive  95/...7EC<4), 

71A62/EEC 

[70/457/EEC] 

(1)  OJNoC — 
(2)  OJNoC — 
(3)  OJ No 125,11.7.1966, p. 2320/66; as last amended by Decision 

95/65/EC (OJ No L 56,14.3.1995, p. 18). 
See page ... of this Official Journal. 

(4) 

66/403/EEC 

5)  Whereas  it  is, however, justifiable  to  restrict  marketing 
to certain varieties only if the user can be sure of actual 
ly obtaining  seed  potatoes  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  and  their  health  status; 

7)  Whereas  recommendations  have  been  made  within  the 
framework  of  the  Economic  Commission  for  Europe 
concerning  standardisation  of the  commercial quality of 
seed  potatoes  moving  in  international  trade;  whereas 
these  recommendations  relate in particular to the  health 
of the progeny, whereas  they may, consequently, consti 
tute one of the bases for a uniform  Community  certifica 
tion scheme; 

8)  Whereas such a scheme should  apply to marketing  both 
in  other  Member  States  and  on  domestic  markets; 
whereas Community rules should not apply to seed pota 
toes shown to be intended for  export to third  countries; 

7. 
+ 
10. 

9)  Whereas,  as a general  rule, seed  potatoes  should be  al 
lowed  to  be  marketed  only  if  they  have  been  officially 
examined  and certified,  in accordance with the  rules  for 
certification,  as basic seed potatoes or certified  seed po 
tatoes; whereas  the  choice  of  the  technical  terms  'basic 
seed  potatoes'  and  'certified  seed  potatoes' is based  on 
already  existing  international  terminology;  whereas  it is 
appropriate  however to amplify the provisional measures 
and to authorize the use of seed potatoes of stages prior 
to  basic seed potatoes; 

10)  Whereas Member States may subdivide the categories of 
seed  potatoes  into  grades  satisfying  different  require 
ments;  whereas  it  seems  appropriate  to  provide  that 
Community grades and their requirements may be estab 
lished  in  an  accelerated  procedure; whereas  in  this  re 
spect  it  should  be  left  to  Member  States  to  decide  the 
extent  to  which  they  apply  these  grades  to  their  own 
production; 

11)  Whereas, in the light of modem advances in propagation 
techniques,  it  is  appropriate  to  lay  down  a  Community 
procedure for the establishment of specific rules applica 
ble to the marketing of seed potatoes produced by tech 
niques  mvorving micro-propagation; 

12)  Whereas seed potatoes which are not placed on the mar 
ket  should not, in view of  their  minor  economic impor 
tance, be  subject  to  Community  rules; whereas  Member 
States must  retain  the right to make  such  seed  potatoes 
subject  to  special provisions; 

69/62 /EEC 

79/967/EEC 

90/404/EEC 

9. 

66/403/EEC 

13)  Whereas it is necessary to provide that bred seed of gen 
erations  prior  to  basic  seed  and  plants,  which  may  be 
admitted  for  marketing  in the  different  Member  States, 
shall  correspond  to  the  requirements  laid  down  by this 
Directive; 

14)  Whereas, in order to improve not  only the genetic value 
and  health  status  of  Community  seed  potatoes  but  also 
their  external  characters,  provision  should  be  made  for 
tolerances  in  respect  of  impurities,  blemishes  and  dis 
eases in seed  potatoes; 

15)  Whereas  Member  States  may be  authorized,  in  respect 
of  the marketing of seed potatoes in all or part of  their 
territories,  to  take  more  stringent  measures  than  pro 
vided  for  in  Annex  I  against  particular  virus  diseases 
which do not exist in those regions or which appear par 
ticularly harmful  to  crops  in  those  regions; whereas  it 
has appeared  that  the  scope of  this provision  should  be 
extended to harmful  organisms other than virus diseases; 

16)  Whereas, in order  to ensure the identity of the seed po 
tatoes, Community rules on packaging, 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  user  and  should 
clearly show the  Community nature  of  the  certification; 
17)  Whereas, in order  to  ensure  that  both  the  requirements 
as to the  quality of the  seed potatoes  and the provisions 
for ensuring their identity are complied with during mar 
keting,  Member  States  must  make  provision  for  ap 
propriate  control  arrangements; 

18)  Whereas  seed  potatoes  satisfying  these  requirements 
should, without  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 Community rules provide for tolerances in respect 
of  diseases, harmful  organisms  or their vectors; 

19)  Whereas  provision  should  be  made  for  authorizing  the 
marketing  within  the  Community  of  seed  potatoes  har 
vested  in  third  countries  only  if  they  afford  the  same 
assurances as seed potatoes officially  certified within the 
Community  and  complying with  Community  rules; 

20)  Whereas, during periods in which there are difficulties  in 
obtaining supplies of  certified  seed  potatoes of the vari 
ous categories, seed potatoes  satisfying  less stringent  re 
quirements  should  temporarily  be  permitted  to  be  mar 
keted; 

72/418/EEC 
(adapted) 

11. 

66/403/EEC 

89/366/EEC 

12. 

66/403/EEC 

13. 

14. 

16. 

17. 

18. 

19. 

(adapted) 

21)  Whereas,  in  order  to  ensure  that  seed  potatoes  certified 
in  the  Member  States  satisfy  the  requirements  laid  down 
and  to  enable  comparisons  to  be  made  in  the  future  be 
tween  such  seed  potatoes  and  those  œming  from  third 
countries,  Community  test  fields  should  be  established  in 
Member  States to  permit  annual  post-control of  the  vari 
ous  categories  of  certified  seed  potatoes;  whereas  the 
Member  States  should  be  authorized  to  prohibit  the 
marketing  of  all  or  certain  varieties  of  seed  potatoes 
ccrming  from  other  Member  States  if  the  comparative 
tests  have  given  unsatisfactory  results  over  a  period  of 
several  years; 

22)  Whereas  for  the  exercise  of  implementation  powers  con 
ferred  on  the  Commission,  it  seems  appropriate  that  the 
Commission  be  assisted  by  the  Standing  Ckîmmittee  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*1); 

23)  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  IV, part  B, 

HAS  ADOPTED  THIS  DIRECTIVE: 

(1)  OJ No L197,18.7.1987, p. 33. 

Article  1 
This Directive shall apply to seed potatoes marketed with 
in the  Community. 

It  shall  not  apply  to  seed  potatoes  shown  to  be  intended 
for  export  to  third  countries. 

66/403/EEC 

Article 17 

Article  2 

1»  For the purposes  of  this Directive, 

69/62/EECArt.2(l) 

A. 

'Basic seed  potatoes' means potato  tubers 

(a)  which have been produced according to accepted 
practices  for  the maintenance  of  the variety  and 
of  health; 

(b)  which  are  intended  mainly for  the production of 

certified  seed potatoes; 

(c)  which  satisfy  the minimum  conditions laid  down 
in Annexes I  and  II for  basic seed potatoes; and 

(d)  which have been found by official  examination to 
satisfy  the minimum  conditions laid down above; 

B. 

'Certified  seed  potatoes' means potato  tubers 

(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; 

69/62/EECArt.2(2) 
Corrigendum, English Special Edition, p. 30 

(b)  which  are  intended  mainly for  the production of 

potatoes  other  than  seed potatoes; 

66/403/EEC 

(c)  which  satisfy  the  minimum  conditions laid  down 
in  Annexes  I  and  II  for  certified  seed  potatoes; 
and 

(d)  which have been found by official  examination to 
satisfy  the abovementioned  minirmrm conditions; 

C 

'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. 

69/62/EECArt.2(3) 

Corrigendum, English Special Edition, p. 30 

66/403/EEC 
(adapted) 
[70/457/EEC] 

2.  Member  States,  during  a  transitional  period  of  not 
more  than  two years after  the  entry into force  of the laws, 
regulations  or  administrative  provisions necessary  to com 
ply  with  this  Directive,  and  by  way  of  derogation  from 
point B of paragraph  1, may certify  as certified  seed  pota 
toes,  seed  potatoes  produced  directly  from  seed  potatoes 
officially  controlled  in  a  Member  State  under  the  scheme 
in operation  at that  time  and which afford  the same assur 
ances as seed  potatoes certified  as 'basic seed  potatoes' or 
'certified  seed  potatoes'  in  accordance  with  the  principles 
of this Directive; 

Article 3 

1.  Without  prejudice  to  the  provisions  laid  down  in Di 
rective  95/.../EC,  Member  States  shall  provide  that  seed 
potatoes  may  not  be  placed  on  the  market  unless  they 
have  been  officially  certified  as  'basic  seed  potatoes'  or 
'certified  seed  potatoes'  and  unless  they  satisfy  the  mini 
mum  conditions  laid  down  in  Annexes  I  and  ri.  The 
Member  States  shall  provide  that  seed  potatoes  which  do 
not  during  marketing  satisfy  the  minimum  conditions laid 
down in Annex II may be sorted. The tubers which are not 
rejected  shall then  undergo  a further  official  examination. 

2.  Member  States may: 

A.  subdivide the categories of seed potatoes provided for 
in  Article  2  into  grades  satisfying  different  require 
ments; 

B.  provide  for  derogations  from  the  provisions  of  the 

first sentence  of paragraph  1: 

(a)  for  seed  potatoes  of  generations  prior  to  basic 

seed  potatoes, 

(b)  for  tests or for  scientific  purposes, 

(c)  for  selection work. 

3.  For seed potatoes which have been officially  certified, 
the  following  may  be  determined  in  accordance  with  the 
procedure  laid  down in Article  19 (2): 

79/967/EECArtl 

—  Community grades, 

— 

the  conditions applicable  to  such grades, 

—  designations applicable  to  such grades. 

Member  States  may  prescribe  the  extent  to  which  they 
apply these  Community grades in certifying  their own pro 
duction. 

4. 
For  seed  potatoes  produced  by  micropropagation 
techniques  and  not  meeting  the  size  requirements  of  this 
Directive,  the  following  may  be  determined  in  accordance 
with  the  procedure  laid  down  in  Article  19  (2): 

—  derogation  from  specific  provisions  of  this  Directive, 

— 

the  conditions  applicable  to  such  seed  potatoes, 

— 

the  designations  applicable  to  such  seed  potatoes. 

90/404/EECArLl(l) 

Article  4 

Member  States  may,  as  regards  the  rninimum  conditions 
laid  down  in  Annexes  I  and  H,  impose  additional  or  more 
stringent  requirements  for  the  certification  of  seed  pota 
toes  produced  in  their  own  territory. 

66/403/EEC 

Article  5 

Member  States  shall  require  that,  for  the  examination  of 
seed  potato  tubers  for  certification,  samples  are  taken  offi 
cially  in  accordance  with  appropriate  methods. 

78/692/EECArt  4(1) 

Article  6 

Member  States  shall  provide  that  seed  potatoes  may  not 
be  placed  on  the  market  if  they  hâve  been  treated  with 
sprout  inhibitors. 

66/403/EEC 

Article  7 

1.  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 
28  x  28 mm;  for  varieties  having,  on  an  average,  a  length 
of  at  least  twice  the  greatest  width,  the  square  mesh  must 
not  be  less  than  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  d e l i m i ts  shall  he  expressed  in 
multiples  of  five.  The  maximum  variation  in  size  between 
tubers  in  a  loi  shall  be  such  that  the  difference  between 
the  dimensions  of  the  two  square  meshes  used  does  not 
exceed  20  mm. 

2.  A  loi  shall  not  contain  more  than  3  %  by  weight  of 
tubers  smaller  than  the  minimum  size  indicated  or  more 
than  3  %  by  weight  of  tubers  larger  than  the  maximum 
size  indicated. 

3.  Member  States  may,  in  respect  of  seed  potatoes  pro 
duced  in  their  national  territory,  further  reduce  the  per 
mitted  variation  in  size  between  tubers  in  a  lot 

72/418/EECArt4(l) 

69/62/EECArt.3 

69/62/EECArt.3 

69/62/EECArt.3 

4.  Member  States  may 

72/418/EECArt4(2) 

(a)  apply  the  provisions  of  the  second  part  of  the  first 
sentence  of  paragraph  1 to  varieties  other  than  those 
referred  to  therein; 

(b) 

increase  the  maximum  permitted  variation  in  size  be 
tween  tubers  in  a  lot. 

Article  8 

1.  Member  States  shall  require  that  basic  seed  potatoes 
and  certified  seed  potatoes  be  marketed  only in  sufficiently 
homogeneous  lots  and  in  closed  packages  or  containers 
which  must  be  sealed  and  bear,  as prescribed  in  Articles  9 
and  10, a  sealing  device  and  markings. The  packages  must 
be  new;  the  containers  must  be  clean. 

Corrigendum,  English Special  Edition, p. 106 

72/418/EEC A rt  4 (3) 

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. 

66/403/EEC 

78/692/EECArt  4 (2) 

Article  9 

1.  Member  States  shall  require  that  packages  and  con 
tainers  of  basic  seed  potatoes  and  certified  potatoes  be 
sealed  officially  or  under  official  supervision  in  such  a 
manner  that  they  cannot  be  opened  without  damaging  the 
system  of  sealing  or  leaving  evidence  of  tampering  on 
either  the  official  label  provided  for  in  Article  10  (1)  or 
the  package. 

In  order  to  ensure  closure,  the  sealing  system  shall  com 
prise  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  19 
(2)  it  may  be  established  whether  a  particular  sealing  sys 
tem  complies  with  the  provisions  of  this  paragraph. 

Packages  which  have  been  officially  sealed  shall  not 
2. 
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  therefor  shall  be  stated  on  the  label 
required  under  Article  10  (1). 

69/62/EECArt.5 

78/692/EECArt  4 (3) 

3.  Member  States  may  provide  for  exceptions  to  para 
graph  1 in  the  case  of  small  packages. 

75/444/EECArt4 

10 

Article  10 

1.  Member  States  shall  require  that  packages  and  con 
tainers  of  basic  seed  potatoes  and  certified  seed  potatoes: 

78/692/EEC Art  4 (4) 

(a)  be  labelled  on  the  outside  with  an  official  label  which 
has  not  previously  been  used,  which  fulfils  the  condi 
tions  laid  down  in  Annex  HI  and  the  particulars  of 
which  are  provided  in  one  of  the  official  languages  of 
the  Community.  The  colour  of  the  label  shall  be 
white  for  basic  seed  potatoes  and  blue  for  certified 
seed  potatoes.  When  a  label  with  a  string-hole  is 
used,  its  attachment  shall  be  ensured  in  all  cases  with 
an  official  seaL  The  use  of  official  adhesive  labels 
shall be  authorized.  In  accordance  with  the  procedure 
laid  down  in  Article  19  (2),  the  indelible  printing  of 
the  prescribed  particulars  on  the  package  in  accord 
ance  with  the  label  model  may  be  authorized  under 
official  supervision; 

(b)  contain  an  official  document,  in  the  same  colour  as 
the  label,  providing  at  least  the  label  particulars  re 
quired  under  Annex  HI  (A)  (3),  (4)  and  (6).  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  shall  not  be  necessary  if  the  particu 
lars  are  printed  indelibly  on  the  package  or  if,  in  ac 
cordance  with  the  provisions  under  (a),  an  adhesive 
label  or  a  label  of  tear  resistant  material  is  used. 

2.  The  Member  States  may  provide  for  derogations  from 
paragraph  1 in  the  case  of  small  packages  where  they  are 
marked: 'Passed  for  marketing  in  . ..  '  (Member  State  con 
cerned)  only. 

Article  11 

This  Directive  shall  not  affect  the  right  of  Member 
L 
States  to  require  that  packages  or  containers  of  basic  seed 
potatoes  or  certified  seed  potatoes,  whether  the  seed 
potatoes  have  been  produced  in  their  own  territory  or  im 
ported,  must, if the  seed  potatoes  are  to  be  marketed  with 
in  their  territory,  bear  a  supplier's  labeL 

66/403/EEC - 88/380/EEC Art. 4 (1) 
72/418/EECArt4(5) 

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  4 (2) 

Article  12 

Member  States  shall  require  that  any  chemical  treatment 
of  basic  seed  potatoes  or  certified  seed  potatoes  be  noted 
either  on  the  official  label  or  on  the  supplier's  label  and 
on  the  package  or  inside  it  or  on  the  container. 

66/403/EEC 

72/418/EEC Art  4 (6) 

11 

66/403/EEC 

72/418/EEC A rt  4 (7)  -  72/418/EEC Art. 4 (7) 

89/366/EECArtl(l) 

72/418/EECArt4(8) 

Corrigendum, English Special Edition, p. 106 

Corrigendum, English Special Edition, p. 106 

Article  13 

1.  Member  States  shall  ensure  that  basic  seed  potatoes 
and  certified  seed  potatoes which  have  been  officially  certi 
fied  and  whose  package  or  containers  have  been  marked 
and  sealed  officially  or  under  official  supervision  as  pre 
scribed  in  this  Directive  are  subject  to  no  marketing  re 
strictions  as  regards  their  characters,  examination  arrange 
ments,  marking  and  sealing  other  than  those  laid  down  in 
this  Directive. 

2.  The  Commission,  acting  in  accordance  with  the  pro 
cedure  laid  down  in  Article  19  (2).  shall,  in  respect  of  the 
marketing  of  seed  potatoes  in  all  or  part  of  the  territory  of 
one  or  more  Member  States,  authorize  more  stringent 
measures  than  those  provided  for  in  Annexes  I  and  II  to 
be  taken  against  harmf^  organisms  which  do  not  exist  in 
those  regions or which  appear  particularly  harmful  to  crops 
in  those  regions.  Where  there  is  imminent  danger  of  the 
introduction  or  spread  of  such  harmful  organisms,  and 
until  such  time  as  the  Commission  has  given  a  final  ruling 
on  the  matter,  such  measures  may  be 
taken  by  the 
Member  State  concerned  as  soon  as  its  request  has  been 
submitted. 

3.  Member  States  which  have  provided  for  exemptions 
in  accordance  with  the  provisions  of  point  B  (a)  of  Article 
3  (2)  shall  ensure  that  bred  seed  potatoes  of  stages  prior 
to  basic seed  potatoes  are  subject  to  no  marketing  restric 
tions  on  account  of  their  characteristics,  examination  ar 
rangements,  marking  and  sealing, 

(a) 

(b) 

(c) 

if  they  have  been  officially  checked  by  the  competent 
certification  authority,  in  accordance  with  the  provi 
sions  applicable  for  the  certification  of  basic  seed 
potatoes, 

if they  are  placed  in packages  or  containers  in  accord 
ance  with  the  provisions  of  this  Directive,  and 

if the  packages or  containers  bear  an official  label giv 
ing  at  least  the  following  particulars: 

—  certification  authority  and  Member  State  or  their 

distinguishing  abbreviation 

—  producer's  identification  number  or  loi  reference 

Corrigendum, English Special Edition, p. 106 

number 

—  month  and  year  of  sealing 

78/692/EECArt 4 (6) 

— 

species,  indicated  at  least  in  roman  characters, 
under  its  botanical  name,  which  may  be  given  in 
abridged 
the  authorities' 
names,  or  under  its  common  name,  or  both 

form  and  without 

—  variety,  indicated  at  least  in  roman  characters 

88/380/EEC A rt  4 (3) 

— 

the  description  'pre-basic  seed  potatoes'. 

72/418/EECArt4(8) 

The  label  shall  be  white  with  a  diagonal  violet  line. 

Corrigendum, English Special Edition, p. 106 

12 

66/403/EEC 

71/162/EECArt4(2) 

Corrigendum, English Special Edition, p. 19 

73/438/EECArt4(l) 

90/404/EECArt. 1(2) 
95/65/ECArtl 

[77/93/EEC] 

Article  14 
1.  Member  States  may prohibit, in whole or in part, the 
marketing  of  seed  potatoes  harvested  in another  Member 
State  if  the  progeny  of  officially  drawn  samples  of  basic 
seed  potatoes  or  certified  seed  potatoes  harvested  in  that 
Member  State  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  (1) 
(c), (2) (c), (3) and (4). Satisfaction  of the other minimum 
conditions laid down in  AnneT T  may also be checked dur 
ing the  comparative  tests. 

2.  Any measures taken under paragraph  1 shall be with 
drawn  as  soon  as  it  has  been  established  with  adequate 
certainty  that  the  basic  seed  potatoes  and  certified  seed 
potatoes harvested  in the  Member  State concerned will in 
future  satisfy  the  minimum  conditions referred  to in para 
graph 1. 

3.  Before  the  measures provided  for  in paragraph  1 are 
taken  a  reasoned  opinion  shall  be  requested  from  the 
Committee  referred  to  in Article  19 (1). Its  opinion  shall 
also  be  sought  if  a  Member  State  refuses  to  withdraw  a 
measure taken under paragraph  1 where its withdrawal ap 
pears to  be  required  under  paragraph 2. 

4.  The  necessary  arrangements,  acting  in  accordance 
with  the  procedure  laid  down  in  Article  19  (2),  shall  be 
made for  the comparative tests to  be carried out  Seed po 
tatoes harvested  in third  countries may be included  in the 
comparative  tests. 

Article  15 

1.  The Council, acting by a  qualified  majority  on a pro 
posal from  the  Commission, shall determine whether  seed 
potatoes  harvested  in  a  third  country  and  affording  the 
same  assurances  as  regards  their  characteristics  and  the 
arrangements for their inspection, for  ensuring identity, for 
marking and for control are equivalent in these  respects to 
basic  seed  potatoes  or  certified  seed  potatoes  harvested 
within  the  Community  and  complying with  the  provisions 
of  this Directive. 

2.  Until  such  time  as  the  Council  has  taken  a  decision 
under  paragraph  1,  the  Member  States  shall  be  free  to 
take such decisions themselves. This right shall expire on  1 
July 1975. 

3.  Member  States are  hereby  authorized  to extend  until 
31  March  1995 the  validity  of  decisions  taken  in  accord 
ance with paragraph 2, it being understood  that these deci 
sions may be used only in accordance with Member States' 
obligations  under  the  common  rules  on  plant  health  laid 
down by Council Directive  95/.../EEC W. 

(!)  OJNoL 

13 

The  period  in  the  first  subparagraph  may  be  extended  for 
third  countries,  in  accordance  with  the  procedure  laid 
down  in  Article  19  (2),  if  the  available  information  does 
not  permit  a  determination  according  to  paragraph  1  and 
for  as  long  as  such  information  does  not  permit  such  a 
determination. 

90/404/EECArtl(2) 

4. 
Paragraphs  1 and  2  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 
Directive. 

72/274/EECArt2 

72/418/EECArt4(9) 

Article  16 

1. 
In  order  to  remove  any  temporary  difficulties  in  the 
general  supply  of  basic  seed  potatoes  or  certified  seed 
potatoes  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 
procedure  laid  down  in  Article  19  (2),  to  permit,  for  a 
specified  period,  the  marketing  of  seed  potatoes  of  a  cat 
egory  subject  to  less stringent  requirements  or  of  seed  po 
tatoes  of  varieties  not  included  in  the  'Common  Catalogue 
of  Varieties  of  Agricultural  Plant  Species'  or  in  their 
national  catalogues  of  varieties. 

2. 
For  that  category  the  colour  of  the  official  label  shall 
be  brown.  The  label  shall  always  state  that  the  seed 
potatoes  in  question  are  of  a  category  satisfying  less  strin 
gent  requirements. 

66/403/EEC 
69/62/EECArt8 

3.  Rules  for  the  application  of  paragraph  1  may  be 
adopted  in  accordance  with the  procedure  laid  down in  Ar 
ticle  19  (2). 

88/332/EECArt4 

Article  17 

L.  Member  States  shall  make  suitable  arrangements  for 
seed  potatoes  to  be  officially  verified  during marketing,  at 
least  by  sampling,  as regards  their  compliance  with  the  re 
quirements  of  this  Directive. 

66/403/EEC - 72/418/EEC Art. 4  (10) 

ArtickM 

2.  Member  States  shall  take  all  necessary  measures  to 
ensure  that  the  following  particulars  are  presented  during 
the  marketing  of  seed  potatoes  coming  from  another 
Member  State  or  from  a  third  country: 

72/418/EECArt4(ll) 

(a)  species, 

(b)  variety, 

(c)  category, 

(d)  country  of  production  and  control  authority, 

(e)  country  of  dispatch, 

(f) 

importer, 

(g)  quantity  of  seed  potatoes. 

14 

The  manner  in which  these  particulars  must  be  presemed 
may be  determined  in accordance  with  the  procedure  laid 
down  in Article  19 (2). 

72/418/EECArt4(ll) 

Article  18 

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  19 (2). 

73/438/EECArt4(2) 

Ankk 19a 

Article  19 

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 W. 

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 
proposal from  the Commission. The votes of the represen 
tatives  of  the  Member  States  within  the  Committee  shall 
be  weighted  in  the  manner  set  out  in  that  Article.  The 
chairman  shall not vote. 

The  Commission  shall  adopt  measures  which  shall  apply 
immediately. However, if these  measures are not  in accor 
dance  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  Councfl,  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 
relevant  to  the  subject  matter  of  this Directive. 

66/399/EEC Art 2 
(adapted) 

Article  20 

Save as otherwise  provided  in Annexes I  and  II  in respect 
of  tolerances  for  diseases,  harmful  organisms  or  their 
vectors,  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. 

66/403/EEC 

(1)  OJNoL125,11.7.1966, p. 2289/66. 

15 

Article  21 
1.  The  Directives listed in Annex TV, Part A, are  hereby 
repealed without prejudice  to the  obligations of the Mem 
ber States concerning the deadline  for  transposition  of the 
said Directives set out  in Annex  TV,  Part B. 

2.  References  to  the  repealed  Directives  shall  be cons 
trued as references  to this Directive  and should be read in 
accordance with  the  correlation  table  set  out  in Annex V 

Article  22 

This  Directive  shall  enter  into  force  the  twentieth  day 
following  that  of  its  publication  in  the  Official Journal  of 
the European  Communities. 

Article  23 

This directive  is addressed  to the  Member  States. 

Done at Brussels, 

For  the  Councfl, 

The  President 

16 

ANNEX  I 

66/403/EEC 

Minimum  conditions  to  be  satisfied  by  seed  potatoes 

1.  Basic  seed  potatoes 

shall  satisfy 

the 

following 

conditions: 

(a)  On  official  inspection  of  the  growing  plants  the 
number  affected  by  blackleg  must  not  exceed 
2 %; 

(b)  In  the  direct  progeny  the  number  of  plants  not 
breeding  true  to  the  variety  must  not  exceed 
0,25 %  and  the  number  of  plants  of  a  different 
variety  must  not  exceed  0,1  %; 

(c) 

In  the  direct  progeny  the  number  of  plants  show 
ing  symptoms  of  mild  or  severe  virus  infection 
must  not  exceed  4  %. 

2.  Certified  seed  potatoes  shall  satisfy 

the  following 

conditions: 

(a)  On  official  inspection  of  the  growing  plants  the 
number  affected  by  blackleg  must  not  exceed 
4 %; 

(b)  In  the  direct  progeny  the  number  of  plants  not 
breeding  true  to  the  variety  must  not  exceed 
0,5 %  and  the  number  of  plants  of  a  different 
variety  must  not  exceed  0,2  %; 

(c) 

In  the  direct  progeny  the  number  of  plants 
showing  symptoms  of  severe  virus  infection  must 
not  exceed  10  %.  Light  mosaics  merely  causing 
discoloration  and  not  leaf  deformation  shall  be 
ignored. 

3. 

In  assessing  the  progeny  of  a  variety  affected  by  a 
chronic  virus  disease,  slight  symptoms  caused  by  the 
virus  in  question  shall  not  be  taken  into  account 

4.  The  tolerances  allowed  under  Items  1 (c),  2 (c)  and  3 
are  applicable  only  where  the  virus  diseases  are 
caused  by viruses  that  are  prevalent  in  Europe. 

5.  The  production  ground  must  not  be  infected  by Heter-

72/418/EECArt4(12) 

odera rostochiensis  Woll. 

6.  The  crop  must  be  free  from 

(a)  Synchytrium  endobioticum  (Schilb.)  Perc. 

(b)  Corynebacterium 

sepedonicum 

(Spieck. 

and 

Kotth.)  Skapt  and  Burkh. 

17 

ANNEX  II 

66/403/EEC 

Minimum  quality  conditions  for  lots  of  seed  potatoes 

Tolerances  for  the  following  impurities,  blemishes  and 
diseases  allowed  for  seed  potatoes: 
1.  Presence  of  earth  and  extraneous 

2 % by weight 

72/418/EEC Art  4 (13) 

matter 

2.  Dry and wet rot, except if caused by 
Synchytrium endobioticum, Coryne 
bacterium  sepedonicum  or Pseudo-
monas solanacearum 

3.  External blemishes, e.g.  misshapen 

1% by weight 

or  damaged  tubers 

3 % by weight 

4.  Common scab: tubers affected over 
more than one-third of their surface 

Total tolerance  for  Items  2  to  4 

5  % by weight 
6  % by weight 

B.  The  seed  potatoes  shall  be free from Heterodera rosto-
chiensis,  Synchytrium  endobioticum,  Corynebacterium 
sepedonicum  and Pseudomonas  solanacearum. 

72/418/EEC  Art. 4 (14) 

18 

ANNEX  in 

Label 

66/403/EEC 

A.  Required information 

1. 

*EEC rules and standards' 

69/62/EECArt.9(l) 

2.  Certification  authority  and  Member  State  or 

their  initials 

3.  Producer's  identification  number  or  reference 

number  of lot 

66/403/EEC 

4.  Month  and year of sealing 

78/692/EECArt 4 (7) 

5.  Variety,  indicated  at least  in roman  characters 

66/403/EEC - 88/380/EEC Art. 4 (4) 

6.  Country of  production 

7.  Country of  production 

8.  Size 

9.  Declared  net weight 

B.  Minimum dimensions 

110 mm  x  67 mm 

66/403/EEC 

19 

ANNEX TV 
Part A 

Repealed  Directives 
(referred  to by Article 21) 

Directive 66/403/EEC 
and its successive amendements 

Directive  69/62/EEC 

Directive 71A62/EEC 

Directive  72/274/EEC 

Directive  72/418/EEC 

Directive 73/438/EEC 

Directive  75/444/EEC 

Directive  76/307/EEC 

Directive  77/648/EEC 

Directive  78/692/EEC 

Directive  78/816/EEC 

Directive  79/967/EEC 

Directive  80/52/EEC 

Directive  81/561/EEC 

Directive  84/218/EEC 

Directive 86/215/EEC 

Directive  87/374/EEC 

Directive 88/332/EEC 

Directive  88/359/EEC 

Directive  88/380/EEC 

Directive 89/366/EEC 

Directive  90/404/EEC 

Directive 90/654/EEC 

Directive 91/127/EEC 

Directive 92/17/EEC 

Directive 93/3/EEC 

Directive 93/108/EC 

only Article 4 

only conœrningreferences made to Artidesl and 
2 on the provisions of Directive 66/403/EEC 
only Artide 4 

only Artide 4 

only Artide 4 

only Artide 4 

only Artide 1 

only Artide 2 

only Artide 4 

only Artide 4 

only concerning references made to Article 2 and 
to Annex II (1) (4) on the provisions of Directive 
66/403/EEC 

20 

Part  B 

Deadline for  transposition into national law 
(referred  to  by Article 21) 

Directive 66/403/EEC (OJ No 125,11. 7.1966, p. 2320/66) 

Directive 

Directive 69/62/EEC (OJ No L 48,26. 2.1969, p. 7) 
Directive 71/162/EEC (OJ No L 87,17.4.1971, p. 24) 

72/274/EEC (OJ No L171, 29. 7.1972, p. 37) 

72/418/EEC (OJ No L 287,26.12.1972, p. 22) 

Directive 73/438/EEC (OJ No L 356,27.12.1973, p. 79) 

Directive 75/444/EEC (OJ No L196,26. 7.1975, p. 6) 

Deadlines for transposition 

July 1968 (Artide 13 (1)) 
Jury 1969 (other provisions) C1) <2> <3) 
July 1969 (!) 

July 1970 (Artide 4 (3)) 
July 1972 (Artide 4 (l))*1) 
Jury 1971 (other provisions) 

Jury 1972 (Artide 1) 
January 1973 (Artide 2) 
July 1973 

July 1973 (Artide 4(1)) 
January 1974 (Artide 4 (2)) 
July 1977 

Directive 76/307/EEC (OJ No L 72,18. 3.1976, p. 16) 

Jury 1975 

Directive 77/648/EEC (OJ No L 261,14.10.1977, p. 21) 

January 1977 

Directive 78/692/EEC (OJ No L 236, 26.8.1978, p. 13) 

Directive 78/816/EEC (OJ No L 281,6.10.1978, p. 18) 

Jury 1977 

Jury 1978 

Directive 79/967/EEC (OJ No L 293,20.11.1979, p. 16) 

January 1980 

Directive 80/52/ EEC (OJ No L18,24.1.1980, p. 29) 

Jury 1979 

Directive 81/561/EEC (OJ No L 203,23.7.1981, p. 52) 

Directive 84/218/EEC (OJ No L104,17.4.1984, p. 19) 

Directive 867215/EEC (OJ No L152,6.6.1986, p. 46) 

Directive 87/374/ EEC (OJ No L197,18. 7.1987, p. 36) 

Directive 88/332/EEC (OJ No L151,17. 6.1988, p. 82) 

Directive 88/359/EEC (OJ No L174,6. 7.1988, p. 51) 

Directive 88/380/EEC (OJ No L187,16.7.1988, p. 31) 

1 July 1990 

Directive 89/366/EEC (OJ No L159,10.6.1989, p. 59) 

Directive 90/404/EEC (OJ No L 208,7. 8.1990, p. 30) 

Directive 90/654/EEC (OJ No L 353,17.12.1990, p. 48) 

Directive 91/127/EEC (OJ No L 60,7. 3.1991, p. 18) 

Directive 92/17/EEC (OJ No L 82,27. 3.1992, p. 69) 

Directive 93/3/EEC (OJ No L 54,5.3.1993, p. 21) 

Directive 93/108/EC (OJ No L 319,21.12.1993, p. 39) 

28 February 1993 

1 December 1993 

(1)  For Denmark, Ireland and the United Kingdom, 1 Jury 1973 for Arucle 13 (1), 1 Jury 1974 for the other provisions concerning 

bask seed potatoes and 1 Jury 1976 for the other provisions. 

(2)  1 January 1986 for Greece, 1 March 1986 for Spain, and 1 January 1991 for Portugal 

21 

(3)  1 January 1995 for Austria, Finland and Sweden. 

However 
- 

Sweden shall be allowed to maintain a tolerance limit of 40 % by weight for tubers affected  over more than one tenth of their 
surface with common scab, relating to the marketing in its territory of seed potatoes until 31 December 19% at the latest. This 
tolerance limit shall apply solely to seed potatoes produced in areas of Sweden in which particular problems with common scab 
have been experienced. 
Such seed potatoes shall not be introduced into the territory of other Member States; 
Sweden shall adapt its legislation in this respect to comply with the relevant part of Annex II to the Directive by the date of expiry 
of the above period; 
Sweden shall apply from the date of accession those provisions of the Directive which ensure access for material complying with 
the Directive to marketing in its territory. 

- 

- 

22 

ANNEX  V 

CORRELATION  TABLE 

Directive  66/403/EEC 

This  Directive 

Artide 1 
Artide 17 
Artide 2 
Artide 3 
Artide4 
Artide5 
Artide 6 
Artide 7 
Artide8 
Artide 9 
Artide 10 
Artide 11 
Artide 12 
Artide 13 (1) 
Artide 13 (2) 
Artide 13 (3) 
Artide 13 (4) 
Artide 14 
Artide 15 (1) 
Artide 15 (2) 
Artide 15 (2) (a) 
Artide 15 (3) 
Artide 16 
Artide 18 
Artide 19a 
Artide 19 
Artide 20 
Artide 21 

ANNEX 
I 
ANNEX 
II 
ANNEX 
i n, Part 
ANNEX 
i n, Part 
ANNEX 
i n, Part 
ANNEX 
i n, Part 
ANNEX 
in, Part 
ANNEX 
i n, Part 
ANNEX 
i n, Part 
ANNEX 
IU, Part 
ANNEX 
i n, Part 
ANNEX 
m, Part 

A ( l) 
A  (2) 
A  (3) 
A  (3a) 
A  (4) 
A  (5) 
A  (6) 
A  (7) 
A  (8) 
B 

Artide  1,1st subparagraph 
Artide  1, 2nd subparagraph 
Artide 2 
Artide3 
Artide 4 
Artide 5 
Artide6 
Artide7 
Artide 8 
Artide 9 
Artide  10 
Artide 11 
Artide 12 
Artide  13 (1) 
Artide  13 (2) 

Artide 
Artide 
Artide 
Artide 
Artide 
Artide 
Artide 
Artide 
Artide 
Artide 
Artide 

13(3) 
14 
15(1) 
15(2) 
15(3) 
15(4) 
16 
17 
18 
19 
20 

Artide 21 
Article 22 
Artide 23 
ANNEXI 
ANNEX II 
ANNEX  IU, 
ANNEX  in, 
ANNEX  in, 
ANNEX  in, 
ANNEX  in, 
ANNEX  IU, 
ANNEX IU, 
ANNEX  i n, 
ANNEX III, 
ANNEX IIL 
ANNEX IV 
ANNEX IV 

Part A (1) 
Part A (2) 
Part A (3) 
Part A (4) 
Part A (5) 
Part A (6) 
Part A (7) 
Part A  (8) 
Part A  (9) 
PartB 

23 

Proposal  for a 
COUNCIL DIRECTIVE 

on the marketing  of  beet  seed 

(consolidated  version) 

£^  b^ 

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  instrument  which  had  been  amended  several  times, 
en  the  need  for  a working  method  which 
often  substantially,  and unanimously  agre 
would  use  legislative  consolidation  as  a 
n  of  achieving  greater  clarity  and  trans 
parency. 

2.  On  1 April  1987  the  Commission  therefore  dedded  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  condusions  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 (repladng  existing  legislation  without  chang 
ing  its  substance)  to  be  adopted  in  a speedy  and  efficient  way". 

4.  The  proposed  consolidated  version  of  Council Directive  66/400/EEC  of  14  June  1966 
on the marketing of beet 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  prindples  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  codified  text  will  serve  as  the 
basis  for  future  legislative  developments  in  this  field. 

5.  Certain provisions of Directive  66/400/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 finandal  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  66/400/EEC  repladng  "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  66/400/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 
VI  to  the  consolidated  Directive. 

(*)  Annex V, part A of this proposal. 

Zu 

Proposal  for  a 

COUNCIL  DIRECTIVE  -/.../EC 

on  the  marketing  of  beet  seed 

95/0303  (CNS) 

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  (}), 

Having  regard  to  the  opinion  of  the  Economic  and  So 
cial  Committee  (2), 

1)  Whereas  Council  Directive  66/400/EEC  of  14 June  1966 
on  the  marketing  of  beet  seed  (3)  has  been  frequently 
and  substantially  amended; whereas  for  reasons of  darity 
and  rationality  the said Directive  should  be  consolidated; 

2)  Whereas  the  production  of  sugar  beet  and  fodder  beet 
(hereinafter  called  *beet') occupies  an  important  place  in 
the  agriculture  of  the  Community, 

3)  Whereas satisfactory  results  in beet  cultivation  depend  to 
a large  extent  on  the  use  of  appropriate  seed; whereas  to 
this  end  certain  Member  States  have  for  some  time  re 
stricted  the  marketing  of  beet  seed  to  high-quality  seed; 
whereas  they  have  been  able  to  take  advantage  of  the 
systematic  plant  selection  work  carried  out  over  several 
decades  which  has  resulted  in  the  development  of  suffi 
ciently  stable  and  uniform  types  and  varieties  of  beet 
which,  by  reason  of  their  characteristics,  promise  to  be 
of  great  value  for  the  purposes  in  view; 

66/400/EEC 

4)  Whereas  greater  productivity  will  be  achieved  in  Com 
munity  beet  cultivation  if  for  the  choice  of  varieties  per 
mitted  to  be  marketed  the  Member  States  apply  uniform 
rules  which  are  as  strict  as  possible; whereas  a  common 
catalogue  of  varieties  of  agricultural  plant  spedes  is 
therefore  provided  for  in  Council  Directive  95/..7EC (4); 

3. 

+ 
2. 

71/162/EEC 

[70/457/EEC] 

(1) 
(2) 

(4) 

OJNoC_ 
O J No C _ 
OJ No 125,11.7.196$)p. 2290/66; as last amended by the Act of 
Accession AT, FL SE. 
See page.~ of this Official  Journal. 

R<5~ 

66/400/EEC 

75/444/EEC 

66/400/EEC 

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 
for  maize  seed  (Food  and  Agriculture  Organization  of 
the  United  Nations)  and |or  herbage  seed  (Organization 
for  Economic  Co-operation  and  Development); 

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  scheme  should  therefore  apply  to  marketing  both  in 
other  Member  States  and  on  domestic  markets; 

9)  Whereas  it  has become  apparent, in the  course  of  apply 
ing  the  Directive,  that  small  packages  of  beet  seed  form 
an  item  of  trade  within  the  Community;  whereas  it  ac 
cordingly  seems  necessary  to  harmonize  this  sector; 

10)  Whereas,  as  a  general  rule,  beet  seed  should  be  allowed 
to  be  marketed  only  if  it  has  been  offidally  examined 
and  certified,  in  accordance  with  the  rules  for  certifi 
cation,  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; 

11)  Whereas  Community  rules  should  not  apply  to  seed 
shown  to  be  intended  for  export  to  third  countries; 

12)  Whereas,  in  order  to  improve  the  quality  of  Community 
beet  seed,  certain  requirements  must  be  laid  down  as  to 
polyploidy,  monogermity  segmentation,  analytical  purity, 
germination  and  moisture  content;  whereas,  in  adopting 
provisions  in  this  field,  account  should  be  taken  of  the 
requirements  based  on  the  recommendations  of  the  In 
ternational  Institute  for  Sugar  Beet  Research,  which  are 
already  in  general  application  in  the  sugar  beet  seed 
trade; 

13)  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  offidal  verifi 
cation  and  for  the  information  of  the  farmer  and  should 
clearly  show  the  Community  nature  of  the  certification; 

14)  Whereas,  in  order  to  ensure  that  both  the  requirements 
as  to  the  quality  of  seed  and  the  provisions  for  ensuring 
its 
identity  are  complied  with  during  marketing, 
Member  States  must  make  provision  for  appropriate 
control  arrangements; 

11. 

12. 

13. 

14. 

&6 

15)  Whereas  seed  satisfying  these  requirements  should, with 
out  prejudice  to  Artide  36  of  the  Treaty,  be  subject  to 
no  marketing  restrictions  other  than  those  provided  for 
in  Community  rules; 

15. 

16. 

(adapted) 

[70/457/EEC] 

17. 

18. 

19. 

20. 

21. 

(adapted) 

16)  Whereas  restrictions  include  in  particular  the  obligation 
of  the  Member  States  to  restrict  the  marketing  of  seed 
to  those  varieties  allowed  by  the  catalogue  provided  for 
by  Directive  95/..TEC; 

17)  Whereas, subject  to certain  conditions, seed multiplied  in 
another  country  from  basic  seed  certified  in  a  Member 
State  should  be  recognized  as  being  equivalent  to  seed 
multiplied  in  that  Member  State; 

18)  Whereas,  on  the  other  hand,  provision  should  be  made 
for  authorizing  the  marketing  within  the  Community  of 
beet  seed  harvested  in  third  countries  only  if  such  seed 
affords  the  same  assurances  as  seed  officially  certified 
within  the  Community  and  complying  with  Community 
rules; 

19)  Whereas, during periods in which  there  are  difficulties  in 
obtaining  supplies  of  certified  seed  of  the  various  cat 
egories, seed satisfying  less stringent  requirements  should 
temporarily  be  permitted  to  be  marketed; 

20)  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  cat 
egory  'certified  seed'; 

21)  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  Artide  2  (H)  of 
Councfl  Decision  87/373/EEC (*); 

22)  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  V, part  B, 

HAS  ADOPTED  THIS  DIRECTIVE: 

(1)  OJ No L 197,18.7.1987, p. 33. 

*ty 

Article  1 

This Directive shall apply to beet seed marketed within the 
Community. 

66/400/EEC 

It  shall  not  apply  to  beet  seed  shown  to  be  intended  for 
export  to third  countries. 

(Artide 18) 

Article 2 

L,  For the purposes  of  this Directive, 

69/61/EEC -  Art. 3(1) 

A.  "Beet"  means  sugar  and  fodder  beet  of  the  spedes 

Beta vulgaris L; 

B.  "Basic seed" means seed 

(a)  which has been produced under the responsibility 
of  the  breeder  according  to well-defined  practi 
ces 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  Artide  4, 
satisfies  the conditions laid down in Annex  I  for 
basic seed; and 

(d)  which  has been  found  by offidal  examination  to 

satisfy  the  abovementioned  conditions; 

C.  "Certified  seed"  means seed 

(a)  which is of direct  descent from  basic seed; 

(b)  which is intended  for  the  production  of beet; 

(c)  which,  subject  to  the  provisions  of  point  (b)  of 
Artide  4,  satisfies  the  conditions  laid  down  in 
Annex I  for  certified  seed; and 

(d)  which  has been  found  by offidal  examination  to 

satisfy  the  abovementioned  conditions; 

D.  "Monogerm seed" means genetically monogerm seed; 

"Precision  seed" means  seed designed  for  use in pre-
dsion  drills which, as required  under  Annex  I (B) (3) 
(b)  (bb^  and  (cc). gives single seedlings; 

69/61/EEC -  Art 3(2) 

88/380/EEC -  Art  1(1) 

"Offidal  measures" means measures  taken 

66/400/EEC 

(a)  by State authorities; or 

(b) 

(c) 

by any legal person  whether  governed  by public 
or by private law, acting under  the  responsibility 
of the  State; or 

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; 

66/400/EEC 

G. 

"Small  EEC packages" means  packages containing  the 
following  certified  seeds: 

75/444/EEC -  Art. 1(1) 

—  monogerm  or  precision  seed:  not  exceeding 
100 000  clusters  or  grains  or  a  net  weight  of 
2,5 kg  excluding,  where  appropriate,  granulated 
pestiddes,  pelleting  substances  or  other  solid 
additives; 

— 

seed  other  than  monogerm  or prerision  seed:  not 
exceeding  a  net  weight  of  10  kg,  excluding, 
where  appropriate,  granulated  pesticides,  pellet 
ing  substances  or  other  solid  additives. 

2.  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  24  (2). 

88/380/EEC -  Art.  1(2) 

69/61/EEC -  A rt  3(3) 

66/400/EEC 

3.  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 
point  C  of  paragraph  1,  certify  as  certified  seed,  seed 
which  is of  direct  descent  from  seed  offidally  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. 

Article  3 

1.  Member  States  shall  provide  that  beet  seed  may  not 
be  placed  on  the  market  unless  it  has  been  officially  certi 
fied  as  'basic  seed'  or  'certified  seed'  and  unless  it  satisfies 
the  conditions  laid  down  in  Annex  I  (B). 

2.  Member  States  shall  ensure  that  the  offidal  examina 
tions  of  seed  are  carried  out  in  accordance  with  current 
international  methods,  in  so  far  as  such  methods  exist. 

3.  Member  States  may  provide  for  derogations  from  the 
provisions  of  paragraph  1: 

(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 

66/400/EEC 

Member  States  may,  however,  by  way  of  derogation  from 
the  provisions  of  Artide  3, 

(a)  authorize  the  official  certification  and  marketing  of 
basic  seed  which  does  not  satisfy  the  conditions  laid 
down  in  Annex  I  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 
spedal  label  bearing  his  name  and  address  and  the 
reference  number  of  the  seed  lot; 

(b) 

seed 

order 

rapidly 

to  make 

in 
available, 
notwithstanding  the  fact  that  the  offidal  examination 
to  check  compliance  with  the  conditions  laid  down  in 
Annex  I  in  respect  of  gerrnination  has  not  been 
concluded,  authorize  the  offidal  certification  and  the 
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 
redfrient  are  indicated; all necessary  measures shall be 
taken  to  ensure  that  the  supplier  guarantees  the 
germination  ascertained  at  the  provisional  analysis; 
this  gerrnination  shall  be  stated 
for  marketing 
purposes  on  a  spedal  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  18 in 
respect  of  multiplication  outside  the  Community. 

Article  5 

Member  States  may, as regards the  conditions laid  down  in 
Annex  L impose  additional  or  more  stringent  requirements 
for  the  certification  of seed produced  in their  own  territory. 

Article  6 

Member  States  shall  provide  that  the  description  of  the 
genealogical  components  which  may  be  required  is,  if  the 
breeder  so  requests,  treated  as  confidential. 

71/162/EEC -  A rt  1(1) 

Article  7 

1.  Member  States  shall  require  that,  for  the  checking  of 
varieties  and  for  the  examination  of  seed  for  certification, 
samples are  drawn  offidally  in  accordance with  appropriate 
methods. 

2. 
For  the  exarnination  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 EL 

66/400/EEC 

h O 

Article 8 
1.  Member States shall require that basic seed and certi 
fied  seed  be  marketed  only  in  sufficiently  homogeneous 
lots  and  in  sealed  packages  bearing,  as  prescribed  in  Ar 
ticles  9.  10 or  11. whichever  is  appropriate,  a  sealing sys 
tem  and  markings. 

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. 

66/400/EEC 

Article 9 

75/444/EEC - Art. 1(2) — 69/61/EEC - Art. 5 
Corrigendum, English Spedal Edition, p. 15 

Article  9 

Article 10 

78/692/EEC -  Art  1(1) 

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 EEC packages, be sealed 
offidally  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 Article  10 (1) or the package. 

La  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 
shall not  be necessary where a non-reusable sealing system 
is used 

In  accordance  with  the  procedure  laid  down  in  Article 
24 (2), it  may  be  established  whether  a  particular  sealing 
system  fulfils  the  provisions of  this paragraph. 

2.  Member  States  shall  require  that,  except  in  the  case 
of  small EEC packages, packages shall not be resealed on 
one  or  more  occasions unless this  is done  offically  or un 
der offical  supervision. If packages are resealed, the fact of 
resealing, the  date of  resealing  and the authority responsi 
ble  therefore  shall  be  stated  on  the  label  required  under 
Artide  10 (1). 

75/444/EEC -  Art  1(3) 

78/692/EEC -  Art 1(2) 

78/692/EEC -  Art  1(3) 

3.  Member States shall require that small EEC packages 
be  sealed  in  such  a  manner  that  they  cannot  be  opened 
without damaging the sealing system or leaving evidence of 
tampering on the label or package. In accordance with the 
procedure  laid  down  in  Artide  24  (2),  it  may  be  estab 
lished  whether  a  particular  sealing  system  complies  with 
the  provisions of this paragraph. Packages shall not  be re 
sealed  on one  or  more  occasions except under  offidal  su 
pervision. 

4.  Member  States  may  provide  for  exceptions  to  para 
graphs 1 and 2 in the case of small packages of basic seed. 

75/444/EEC -  Art  1(3) 

M 

78/55/EEC -  Art  1(1) 

Article U 

Article  10 
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 EEC packages: 

(a)  be labelled  on the outside with an offidal  label which 
has  not  previously  been  used,  which  satisfies  the 
conditions  laid  down  in  Annex  HI (A)  and  on which 
the  information 
is  given  in  one  of  the  offidal 
languages of  the Community. 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  point  (a)  of  Artide  4, 
the  basic  seed  does  not  satisfy  the  conditions  laid 
down  in  Annex  I  in  respect  of  germination,  this  fact 
shall  be  stated  on  the  label.  The  use  of  offidal 
adhesive  labels  shall  be  authorized.  In  accordance 
with  the  procedure  laid  down  in  Artide  24  (2)  the 
indelible  printing  under  offidal  supervision  of  the 
prescribed  information  on  the  package  according  to 
the  label's  model may be  authorized; 

(b)  contain  an  offidal  document,  in  the  same  colour  as 
the label, giving at least  the information  required un 
der Annex HI (A) (I) (3), (5), (6), (11) and (12). 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  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 of basic seed where 
they  are  marked:  'passed  for  marketing  in  . ..  (Member 
State  concerned)  only\ 

Article  11 

Article Ha 

1.  Member  States  shall  require  that  small  EEC  pack 
ages: 

75/444/EEC -  Art 1(6) 

(a)  bear on the outside, in accordance with Annex in (B), 
a supplier's label, a printed  notice or stamp in one of 
the  offidal  languages  of  the  Community;  in  the  case 
of  transparent  packages  this label  may be  placed  in 
side, provided it can be read through the package; the 
label shall be  blue in colour, 

75/444/EEC -  Art  1(6) 

(b)  bear  on  the  outside  or  on  the  supplier's  label  pro 
vided  for  in  point  (a)  an  officially  assigned  serial 
number;  should  an  offidal  adhesive  label  be  used,  it 
shall  be  blue  in  colour;  the  methods  of  attaching  the 
said  serial  number  may  be  fixed  in  accordance  with 
the  procedure  laid  down  in  Artide  24  (2). 

2.  Member  States  may  require  that  an  offidal  adhesive 
label  containing  all  or  part  of  the  information  laid  down  in 
Annex  HI (B)  be  used  for  marking  small  EEC  packages 
packed  in  their  territory;  in  so  far  as  the  information  is 
given  on  such  label,  the  marking  provided  for  in  point  (a) 
of  paragraph  1 shall  not  be  required. 

Article  12 

Article  lib 

Member  States  may  provide  that,  on  request,  small  EEC 
packages  of  certified  seed  are  sealed  and  marked  offidaUv 
or  under  offidal  supervision  pursuant  to  Artide  9  (1)  and 
Artide  10. 

78/55/EEC -  A rt  1(2) 

Article  13 

Article  lie 

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  checked  in  particular  at  the 
time  when  seed  lots  are  divided  up.  lb  this  end,  they  may 
require  that  small  packages  divided  up  in  their  territory  be 
sealed  offidally  or  under  official  supervision. 

Article  14 

Article  12 

It 
This  Directive  shall  not  affea  the  right  of  Member 
States  to  require  that,  in  cases  other  than  those  provided 
for  by  fhis  Directive,  packages  of  basic  seed  or  certified 
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  a  supplier's  label. 

66/400/EEC -  88/380/EEC -  A rt  1(3) 

75/444/EEC -  Art. 1(7)  -  Corrigendum,  English 
Spedal Edition, p. 15 

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 -  A rt  1(4) 

Article  15 

Article  13 

Member  States  shall  require  that  any  chemical  treatment 
of  basic  seed  or  certified  seed  be  noted  either  on  the  offi 
dal  label  or  on  the  supplier's  label  and  on  the  package  or 
inside  it. 

66/400/EEC 

Corrigendum, English Spedal  Edition, p. 15 

Article  16 

Article 13a 

For  the  purpose  of seeking  improved  alternatives  to  certain 
elements  of  the  certification  scheme  adopted  under  this 
Directive,  it  may  be  dedded  to  organize  temporary  experi 
ments under  specified  conditions  at  Community  level in  ac 
cordance  with  the  provisions  laid  down  in  Article  24  (2). 

88/380/EEC -  Art  1(5) 

3«3 

In the framework of such experiments, Member States may 
be  released  from  certain  obligations  laid  down  in  this 
Directive. 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. 

88/380/EEC -  Art  1(5) 

Article  17 

Article 14 

1.  Member  States shall  ensure  that 

75/444/EEC -  Art  1(8) 

—  basic seed and certified  seed which has been  offidally 
certified  and  the  containers  of  which  have  been 
marked  and  closed offidally  or under  offidal  supervi 
sion  in  accordance with this Directive, 

—  certified  seed  which  has  been  offidally  certified  and 
takes  the  form  of  small  EEC  packages  which  have 
been  marked  and  sealed  in  accordance  with  this 
Directive, 

are  not  subject  to  any  marketing  restrictions  as  regards 
their  characteristics,  examination  requirements,  marking 
and  sealing, other  than  those laid  down  in this  Directive. 

78/55/EEC -  Art  1(3) 

2.  Member  States may. 

66/400/EEC 

(a)  provide that beet seed may not be placed on the mar 

ket  unless it  corresponds to specified  sizes; 

(b)  increase  the  minimum  percentages  of  dusters  giving 
single seedlings laid down for precision seed in Annex 
I (B)(3)(b)  (ft)  and (cc). 

69/61/EEC -  Art. 8 

88/380/EEC -  Art  1(6) 

3.  Member  States  which  have  provided  for  exemptions 
in  accordance  with  the  provisions  of  point  (a)  of  Article 
3 (3)  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 offidally  checked by the competent cer 
tification authority  in  accordance  with  the  provisions 
applicable  for  the certification  of  basic seed; 

(b)  if  it  is  packed  in  accordance  with  the  provisions  of 

this Directive; and 

(c) 

if  the  packages  bear  an  offidal  label  giving  at  least 
the  following  particulars: 

—  certification  authority and Member State or their 

distinguishing  abbreviation, 

72/418/EEC -  Art  1(2) 

Corrigendum, English Spedal Edition, p. 106 

— 

lot reference  number, 

Corrigendum, English Spedal Edition, p. 106 

• * > <, 

—  month  and year  of sealing, 

78/692/EEC -  Art. 1(4) 

or 

—  month  and  year  of  the  last  offidal  sampling  for 

the purposes  of  certification, 

—  spedes,  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; in 
dication whether  sugar  beet  or  fodder  beet, 

—  variety, indicated  at least  in roman  characters, 

88/380/EEC -  Art. 1(7) 

— 

the description  'pre-basic seed', 

72/418/EEC -  Art  1(2) 

—  number  of  generations  preceding  seed  of  the 

category  'certified  seed'. 

Corrigendum, English Spedal Edition, p.106 

The label shall be white with a  diagonal violet line. 

Corrigendum, English Spedal Edition, p.106 

Article  18 

AzticjeJl 

1.  Member  States shall provide  that  beet  seed 

88/380/EEC -  Art. 1(8) 

[70/457/EEC] 

—  which has been  produced  directly from basic seed  of 

ficially  certified  in  one  or  more  Member  States or in 
a  third  country  which  has  been  granted  equivalence 
under point  (b) of Article  19 (1), and 

—  which  has been  harvested  in  another  Member State, 

shall, on request and without prejudice  to the provisions of 
Directive 95/.. TEC, be  offidally  certified  as certified  seed 
in  any  Member  State  if  that  seed  has undergone  field  in 
spection satisfying  the conditions laid down in Annex I (A) 
for  the  relevant  category  and  if  offidal  examination  has 
shown that the conditions laid down in Annex I (B) for the 
same category are  satisfied. 

Where  in such  cases  the  seed  has been  produced  directly 
from  offidally  certified  seed  of  generations  prior  to basic 
seed,  Member  States  may  also  authorize  official  certifica 
tion  as  basic  seed,  if  the  conditions  laid  down  for  that 
category are  satisfied. 

2.  Beet seed which has been  harvested in another Mem 
ber  State, and which is intended for  certification  in accor 
dance with  the provisions laid  down  in  paragraph  1, shall 

—  be packed and labelled with an offidal  label  satisfying 
the conditions laid down in Annex IV (A) and  (B), in 
accordance with  the provisions laid  down in Article 9 
(1), and 

sr 

—  be accompanied by an offidal  document satisfying  the 

conditions laid  down  in Annex  IV (C). 

88/380/EEC -  Art  1(8) 

3.  Member  States shall  also  provide  that  beet  seed 

—  which has been  produced  directly from basic seed  of 
fidally certified  in  one  or  more  Member  States  or in 
a  third  country  which  has  been  granted  equivalence 
under  point  (b) of  Artide  19 (1), 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  offidally  certified,  if  the  seed  has  un 
dergone field inspection satisfying the conditions laid down 
in  an  equivalence  decision  made  under  point  (a)  Article 
19 (1) for the relevant category, and if offidal  examination 
has shown that the conditions laid down in Annex I (B) for 
the same category are satisfied. Other  Member States may 
also authorize  offidal  certification  of  such seed. 

Article  19 

Article 16 

1.  The  Council, acting by a  qualified  majority  on a pro 
posal from the  Commission, shall  determine  whether 

66/400/EEC 

(a)  in  the  case  provided  for  in  Artide  18,  the  field  in 
spections  in  the  third  country  satisfy  the  conditions 
laid  down in Annex  I (A); 

(b)  beet  seed  harvested  in  a  third  country  and  affording 
the same assurances as regards its characteristics and 
the arrangements for  its examination, for  ensuring its 
identity,  for  marking  and  for  control  is equivalent  in 
these  respects  to  basic seed  or  certified  seed  harves 
ted  within  the  Community  and  complying  with  the 
provisions  of this Directive. 

Corrigendum, English Spedal Edition, p. 15 

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 

?>G 

Article  20 

Article 17 

1. 
In  order  to  remove  any  temporary  difficulties  in  the 
general  supply of basic seed  or certified  seed  that occur in 
one or more Member States and cannot be overcome with 
in  the  Community,  one  or  more  Member  States  may  be 
authorized, in accordance with the procedure laid  down in 
Artide  24 (2), to  permit  for  a  specified  period,  the  mar 
keting  of  seed  of  a  category  subject  to  less  stringent  re 
quirements,  or  of  seed  varieties  not  induded  in  the  cata 
logue  provided  by  Directive  95/.. ./EC  or  their  national 
catalogues of varieties. 

72/418/EEC -  Art. 1(3) 

[70/457/EEC] 

2.  For  a  category  of  seed  of  any given variety,  the  offi 
dal label shall be that provided for the corresponding cate 
gory;  in  all  other  cases  it  shall  be  brown. The  label  shall 
always state that the seed in question is of a category satis 
fying  less stringent  requirements. 

66/400/EEC 

69/61/EEC -  Art 11 

3.  Rules  for  the  application  of  paragraph  1  may  be 
adopted in accordance with the procedure laid down in Ar 
ticle 24 (2). 

88/332/EEC -  Art 1 

Article  21 

Article 19 

L,  Member  States  shall  make suitable  arrangements  for 
beet seed to be offidally  verified  during marketing, at least 
by  sampling,  as  regards  its  compliance  with  the  require 
ments of  this Directive. 

66/400/EEC -  72/418/EEC -  Art  1(4) 

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: 

72/418/EEC -  Art  1(5) 

(a)  spedes, 

(b)  variety, 

(c)  category, 

(d)  country of  production  and offidal  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  24 (2). 

5^ 

sirticle  22 

Article 20 

1.  Community  comparative  tests  shall  be  carried  out 
within  the  Community  for  the  post-control  of  samples  of 
certified  beet  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 Artide  24 (1). 

71/162/EEC -  Art.  1(4) 

66/400/EEC 

2.  These  comparative  tests  shall  be  used  to  harmonize 
the  technical  methods  of  certification  so  as  to  obtain  re 
sults  which  are  equivalent  Annual  progress  reports  shall 
be  made  on  the  tests  and sent  in  confidence  to  the  Mem 
ber  States  and  to  the  Commission.  The  Commission  shall, 
in  accordance  with  the  procedure  laid  down  in  Artide  24 
(2),  set  the  date  for  the first report. 

3.  The  Commission,  acting  in  accordance  with  the 
procedure  laid  down  in  Artide  24  (2),  shall  make  the 
necessary  arrangements  for  the  comparative  tests  to  be 
carried  out.  Beet  seed  harvested  in  third  countries  may  be 
induded  in  the  comparative  tests. 

Article  23 

Article 21a 

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 Artide  24  (2). 

73/438/EEC -  Art  1(2) 

Article  24 

Article 21 

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 W. 

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. 

(!)  OJ No L125.ll. 7.1966, p. 2289/66. 

as 

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  dedded  for  a  period  of  not 
more  than  one  month  from  the  date  of  such  communica-
tioa 

The  Councfl,  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  one 
of the Member States, may examine any questions relevant 
to the subject  matter  of  this Directive. 

66/399/EEC -  Art 2 
(adapted) 

Article 25 

ArMe_21 

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  and commerdal  property. 

66/400/EEC 

Article 26 

1.  The  Directives  listed  in  Annex  V, 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 V, Part B. 

2.  References  to  the  repealed  Directives  shall  be  cons 
trued as references to this Directive and should be read in 
accordance with the correlation table set out in Annex VL 

Article 27 
This  Directive  shall  enter  into  force  the  twentieth  day 
following 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 Councfl, 

The President 

^ 

ANNEX  I 

66/400/EEC 

Conditions  for  certification 

A. THE  CROP 

1.  The previous cropping of the field shall not have been 
incompatible with the production of seeds of Beta vul 
garis  of  the variety of  the  crop, and  the  field  shall be 
suffidentry free from such plants which are volunteers 
from previous cropping. 

87A20/EEC -  Art  1(1) 

2.  The  aop  shall  have  suffident  identity  and  purity  of 

variety. 

66/400/EEC 

3.  The seed producer  shall submit all the  multiplications 
of a given variety of  seed for  examination by the  cer 
tification authority. 

4.  There  shall  be  at  least  one  offidal  field  inspection 
and in the case of basic seed at least two such inspec 
tions, one of stecklings and one of the seed-producing 
plants 

5.  The  cultural  condition  of  the  field  and  the  stage  of 
development  of  the  crops  shall  be  such  as  to  permit 
identity and varietal purity to be  adequately checked. 

Corrigendum, English Spedal Edition, p. 15 

The  minimum  distances  from  neighbouring  pollen 
sources shall be: 

87A20/EEC -  Art  1(2) 

Crop 

For the  production  of basic seed: 

from any pollen sources of the 
genus Beta 
the  production  of  certified 

For 
seed: 
(a)  of sugar  beet 

Minimum 
distance 

1000m 

— 

—  from  any  pollen  sources 
of  the  genus Beta not  in 
cluded  below 
the  intended pollinator or 
one  of the  intended polli 
nators being diploid, from 
tetraploid  sugar  beet  pol 
len  sources 
intended  pollinator 
the 
being  exdusivery 
tetra 
ploid,  from  diploid  sugar 
beet  pollen  sources 

— 

1000m 

600m 

600m 

ko 

87/120/EEC -  Art  1(2) 

600 m 

300 m 

300 m 

300 m 

1000m 

600 m 

600m 

600 m 

300 m 

— 

— 

from  sugar  beet  pollen 
sources, 
the  ploidy  of 
which  is  unknown 

the  intended  pollinator  or 
one  of  the  intended  polli 
nators  being  diploid,  from 
diploid  sugar  beet  pollen 
sources 

— 

from 

intended  pollinator 
the 
tetra 
being  exclusively 
ploid, 
tetraploid 
sugar  beet  pollen  sources 
—  between  two  sugar  beet 
seed  production  fields  in 
which  male  sterility  is  not 
used 

(b)  of  fodder  beet: 

— 

— 

— 

— 

— 

from  any  pollen  sources 
of  the  genus  Beta  not  in 
cluded  below 

the  intended pollinator  or 
one  of  the  pollinators  be 
ing  diploid,  from  tetra 
ploid  fodder  beet  pollen 
sources 

intended  pollinator 
the 
being  exdusivery 
tetra 
ploid, from diploid  fodder 
beet  pollen  sources 

from  fodder  beet  pollen 
sources, 
the  ploidy  of 
which  is  unknown 

the  intended pollinator  or 
one  of  the  pollinators  be 
ing  diploid,  from  diploid 
fodder 
pollen 
beet 
sources 

*M 

87/120/EEC -  Art  1(2) 

intended  pollinator 
the 
being  exdusivery 
tetra 
ploid, from tetraploid fod 
der  beet  pollen  sources 
between  two  fodder  beet 
seed  production  fields  in 
which male  sterility  is not 
used 

300 m 

300 m 

The  above  distances  can  be  disregarded  if  there  is 
suffident  protection  from  any  undesirable  foreign 
pollinator.  No  isolation  is  necessary  between  seed 
crops using the same  pollinator. 

The  ploidy of  both  seed-bearing  and  pollen-shedding 
components  of  seed-producing  crops  is  to  be  estab 
lished  by reference  to  the  catalogue  compiled  under 
Directive  95/.. TEC,  or  the  national  Catalogues  of 
Varieties  established  under  that  Directive.  If  this  in 
formation  is not induded for any variety, the ploidy is 
to  be  regarded  as  unknown,  and  thus  a  minimum 
isolation  distance  of  600 metres is required 

[70/457/EEC] 

B. THE  SEED 

66/400/EEC 

The  seed  shall  have  suffident  identity  and  purity  of 
variety. 

2. 

Diseases which reduce the usefulness  of the seed shall 
be  at  the lowest possible level. 

3. 

The  seed  shall  also satisfy  the following  conditions: 

<iK 

(a) 

76/331/EEC -  Art  2 

Minimum 
analytical 
purity (!) 
(% by weight) 

Minimum 
germination 
(% of clusters 
or pure seed) 

Maximum 
moisture 
content  (l) 
(% by weight) 

(aa)  Sugar-beet 

—  monogerm seed 

—  precision seed 

multigerm seed  of 
varieties with more 
than 85% diploids 

—  other seeds 

(bb)  Fodder-beet: 

—  multigerm  seed  of 
varieties with more 
than 85% diploids, 
monogerm 
seed, 
precision seed 

—  other seeds 

97 

97 

97 

97 

97 

97 

80 

75 

73 

68 

73 

68 

15 

15 

15 

15 

15 
15 

The percentage by weight of other seeds shall not exceed 0,3. 

"(*)  Excluding, where appropriate, granulated pestiddes, pelleting substances 

or  other  solid  additives. 

(b)  Special  conditions  for  monogerm  seed  and  for 

66/400/EEC 

precision  seed: 

(aa) 

Monogerm  seed: 
At  least  90%  of  the  germinated  clus 
ters  shall  give  single  seedlings. 

The  percentage  of  clusters  giving  three 
or  more seedlings shall  not exceed  five, 
calculated  on  the  germinated  clusters. 

76/331/EEC -  Art  3(1) 

V3 

(bb) 

least  70%  of 

Precision  seed  of  sugar  beet: 
At 
the  germinated 
clusters  shall  give  single  seedlings.  The 
percentage  of  clusters  giving  three  or 
more  seedlings  shall  not  exceed  five, 
calculated  on  the  germinated  clusters. 

76/331/EEC -  Art  3(2) 

(cc) 

Predsion  seed  of  fodder-beet: 

76/331/EEC -  Art  3(3) 

69/61/EEC -  Art  13(3) 

88/95/EEC -  Art  1(1) 

(dd) 

In  the  case  of  varieties  with  a  percent 
age  of  diploids  exceeding  85,  at  least 
58%  of  the  germinated  clusters  shall 
give  single  seedlings.  In  the  case  of  all 
other  seeds, at  least  63% of  the  germi 
nated  clusters  shall  give  single  seed 
lings.  The  percentage  of  clusters  giving 
three  or  more  seedlings  shall  not  ex 
ceed  five, calculated  on  the  germinated 
dusters. 

In  the  case  of  seed  of  the  category 
'basic  seed',  the  percentage  by  weight 
of  inert  matter  shall  not  exceed  1,0.  In 
the  case  of  seed  of  the  category  'certi 
fied  seed',  the  percentage  by weight  of 
inert  matter  shall  not  exceed  0,5.  In 
the  case  of  pelleted  seed  of  both  cat 
egories,  the  satisfaction  of  the  relevant 
condition  shall be  examined  on  samples 
drawn,  pursuant  to  Article  7  (1),  from 
processed  seed  which  has  undergone 
partial  decortication  (rubbing  or  grind 
ing)  but  has  not  yet  been  pelleted, 
without  prejudice  to  the  official  exam 
ination  of  the  minimum  analytical  pu 
rity  of  the  pelleted  seed. 

(c)  Other  special  conditions: 

88/95/EEC -  Art  1(2) 

Member  States  shall  ensure  that  beet  seed  may 
not  be  introduced  into  areas  recognized  as  'Rhi-
zomania-free  zones'  under  appropriate  Commu 
nity  procedures,  unless  the  percentage  by  weight 
of  inert  matter  does  not  exceed  0,5. 

^4 

ANNEX  II 

66/400/EEC 

Maximum weight  of  a seed  lot: 20 metric  tons 

Minimum weight  of  a sample: 5jQp. grammes 

69/61/EEC -  Art 14 

The  maximum  lot  weight  shall  not  be  exceeded  by more 
than 5%. 

87/120/EEC -  Art  1(3) 

h? 

75/444/EEC -  Art. 1(9) 

ANNEX  in 

MARKING 

A.  Official  label 

I. 

Information required 

1.  THEC rules and  standards' 

2.  Certification  authority and Member State or 

their  initials. 
Reference  number  of  lot 

month  and  year  of  sealing  expressed  thus: 
'sealed...'  (month  and year) 

78/692/EEC -  Art  1(5) 

or 
month  and year of the last offidal  sampling 
for  the  purposes  of  certification  expressed 
thus: 'sampled...'  (month  and year). 

Species, indicated  at least  in roman charac 
ters,  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 

88/380/EEC -  Art  1(9) 

75/444/EEC -  Art  1(9) -  88/380/EEC -  Art. 
1(10) 

6.  Variety  indicated  at  least  in  roman  charac 

ters. 

7.  Category. 

8.  Country of  production. 

9.  Declared  net  or  gross  weight  or  declared 

number  of  clusters or  pure seeds. 

10.  Where  weight  is  indicated  and  granulated 
pestiddes, pelleting substances or other sol 
id additives  are used, the nature  of  the  ad 
ditive  and  also  the  approximate  ratio  be 
tween  the  weight  of  clusters  or  pure  seeds 
and  the total  weight 

11.  For  monogerm  seed: the word *monogerm'. 

12.  For precision  seed: the word  'precision'. 

13.  Where  at  least  germination  has  been  re-
tested,  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. 

78/55/EEC -  Art  1(4) 

^ 

75/444/EEC -  Art 1(9) 

II.  Minimum  dimensions 

110  x  67 mm. 

Supplier's 
(small  ECC package) 

label  or  information  on  the  packing 

Information  required 

1. 

'Small  EEC package'. 

2.  Name and address of the supplier responsible for 

marking or his identification mark. 

3.  Officially  assigned serial number. 

4.  Service  which  assigned  the  serial  number  and 

name of  Member State or their initials. 

5.  Reference  number  if  the  offidal  serial  number 

does not  enable the lot to be identified. 

Spedes,  indicated  at  least  in  roman characters; 
indication whether sugar beet or fodder  beet 

88/380/EEC -  Art 1(11) 

75/444/EEC -  Art 1(9) -  88/380/EEC -  Art 
1(12) 

7.  Variety indicated at least in roman characters. 

8. 

'Certified  seed'. 

9.  Net  or  gross  weight  or  number  of  dusters  or 

pure seeds. 

10.  Where weight is indicated and granulated pesti 
ddes,  pelleting  substances  or  other  solid  addi 
tives are  used,  the  nature  of  the  additive  and 
also the approximate ratio between the weight of 
dusters or pure seeds and the total weight 

11.  For monogerm seed: the word 'monogerm'. 

1Z  For precision seed: the word 'precision'. 

** 

ANNEX  IV 

88/380/EEC -  Art  1(13) 

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 
the  authorities' 
names,  or  under  its  common  name,  or  both;  in 
dication  whether  sugar  beet  or  fodder  beet, 

form  and  without 

—  variety,  indicated  at  least  in  roman  characters, 

— 

category, 

—  field  or  lot  reference  number, 

—  dedared  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,  wiiich  may  be  given  in 
abridged  form  and  without 
the  authorities' 
names,  or  under  its  common  name,  or  both;  in 
dication  whether  sugar  beet  or  fodder  beet, 

—  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, 

—  area  cultivated  for  the  production  of  the  lot 

covered  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, 

W 

where  appropriate,  results  of  a  preliminary  seed 
analysis. 

88/380/EEC -  Art  1(13) 

44 

ANNEX  V 

Part A 

Repealed  Directives 
(referred  to by Article 26) 

only Artide  1 

only concerning references  made to Artides  1 and 2 
on  the  provisions of Directive  66/400/EEC 

only Artide  1 

only Artide  1 

only Artide  1 

only Artide  1 

only Artide  1 

only Artide  1 

only Artide  1 

only Artide  1 

only concerning references  made to Artide  2 and  to 
Annex II  (I)  (1) (a)  on the provisions  of  Directive 
66/400/EEC 

Directive 66/400/EEC 
and  its successive  amendments 

Directive 69/61/EEC 

Directive 71/162/EEC 

Directive 72/274/EEC 

Directive  72/418/EEC 

Directive 73/438/EEC 

Directive  75/444/EEC 

Directive 76/331/EEC 

Directive 78/55/EEC 

Directive  78/692/EEC 

Directive 87/120/EEC 

Directive 88/95/EEC 

Directive 88/332/EEC 

Directive  88/380/EEC 

Directive 90/654/EEC 

So 

PartB 

Deadlines for transposition into national law 

(referred  to by Article 26) 

Directive 

Deadline for transposition 

Directive  66/400/EEC (OJ No  125, 11. 7. 1966, p. 2290/66) 

July  1968 (Article  14 (1)) 
July  1969 (other  provisions) ^H2) 

Directive  69/61/EEC (OJ  No L 48, 26. 2. 1969, p. 4) 

Jury 1969 M 

Directive 71/162/EEC (OJ  No L  87, 17. 4. 1971, p. 24) 

Directive  72/274/EEC (OJ No L  171, 29. 7. 1972, p. 37) 

Jury 1970 (Artide  1 (3)) 
Jury 1972 (Artide  1 (1)) 
Jury  1971 (other  provisions) M 

Jury 1972 (Artide  1) 
January  1973 (Artide  2) 

Directive 72/418/EEC (OJ  No L  287, 26. 12. 1972, p. 22) 

July 1973 

Directive  73/438/EEC (OJ  No L  356, 27. 12. 1973, p. 79) 

Jury 1973 (Artide  1 (1)) 
January  1974 (Artide  1 (2)) 

Directive  75/444/EEC (OJ No L  196, 26. 7. 1975, p. 6) 

Jury 1977 

Directive  76/331/EEC (OJ No L 83, 30. 3. 1976, p. 34) 

July  1978 (Artide  1) 

July  1979 (other  provisions) 

Directive  78/55/EEC (OJ  No L  16, 20. 1. 1978, p. 23) 

Directive  78/692/EEC (OJ No L  236, 26. 8. 1978, p. 13) 

Directive 87/120/EEC (OJ No L 49, 18. 12. 1987, p. 39) 

Directive  88/95/EEC (OJ  No L 56, 2. 3. 1988, p. 42) 

Directive  88/332/EEC (OJ No L  151, 17. 6.  1988, p. 82) 

Directive  88/380/EEC (OJ No L  187, 16. 7. 1988, p. 31) 

Directive 90/654/EEC (OJ No L  353, 17. 12. 1990, p. 48) 

Jury 1979 

Jury 1977 

Jury 1988 

Jury 1988 

July  1992 (Artide  1 (8)) 
Jury  1990 (other  provisions) 

W  For Denmark, Ireland and the United Kingdom, 1 July 1973 for Arucle 14 (1), 1 Jury 1974 for the other provisions œnœrning basic seed 

and 1 Jury 1976 for the other provisions. 

(2)  1 January 1986 for Greece, 1 March 1986 for Spain, 1 January 1991 for Portugal, and 1 January 1995 for Austria, Finland and Sweden. 

" 

ANNEX  VI 
CORRELATION TABLE 

Directive 667400/EEC 

This Directive 

Artide 1 
Artide 18 
Artide 2 (1) 
Artide 2 (la) 
Article 2 (2) 
Artide 3 
Artide 4 
Artide 5 
Article 6 
Artide 7 
Article 9 
Article 10 
Article 11 
Article 11a 
Artide  lib 
Artide  lie 
Article 12 
Article 13 
Artide 13a 
Article 14 (1) 
Artide 14 (2) (b) 
Artide 14 (2) (c) 
Article 14 (3) 
Artide 15 
Article 16 (1) 
Article 16 (3) 

Article 17 
Article 19 
Artide 20 
Article 21a 
Artide 21 
Article 22 

Artide 1,1st subparagraph 
Artide 1,2nd subparagraph 
Artide 2 (1) 
Article 2 (2) 
Artide 2 (3) 
Artide 3 
Artide 4 
Artide 5 
Artide 6 
Artide 7 
Article 8 
Artide 9 
Artide 10 
Article 11 
Article 12 
Article 13 
Article 14 
Artide 15 
Artide 16 
Artide 17 (1) 
Artide 17 (2) (a) 
Artide 17 (2) (b) 
Artide 17 (3) 
Artide 18 
Article 19 (1) 
Article 19 (2) 

Artide 20 
Artide 21 
Artide 22 
Article 23 
Artide 24 
Article 25 
Article 26 
Article 27 
Article 28 

30 

(a) 
(b)(aa) 
(b)(aa)(a) 
(b)(bb) 
(b)(cc) 

(c) 

ANNEX 
I, Part A  (01) 
ANNEX 
I, Part A (1 
ANNEX 
I, Part A  (2 
ANNEX 
I, Part A  (3 
ANNEX 
I, Part A  (4 
ANNEX 
I, Part A  (5 
ANNEX 
I, Part B (1 
ANNEX 
I, Part B (2 
ANNEX 
I, Part B (3 
ANNEX 
I, Part B (3 
ANNEX 
I,PartB(3 
ANNEX 
I, Part B (3 
ANNEX 
I, Part B (3 
ANNEX 
I, Part B (3 
ANNEX 
II 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 
ANNEX 

i n, Part A  (I) (1) 
ITL Part A  (I) (2) 
IU, Part A  (I) (3) 
m,  Part A  (I) (3a) 
i n,  Part A  (I) (4) 
i n,  Part A  (I) (5) 
IJJ, Part A  (I) (6) 
i n,  Part A  (I) (7) 
ffl,  Part A  (I) (8) 
i n, Part A  (I) (9) 
i n, Part A  (I) (10) 
i n,  Part A  (I)  (11) 
m,  Part A  (I) (12) 
i n, Part B 
IV 

ANNEX  L Part A  (1) 
ANNEX I, Part A  (2) 
ANNEX  L Part A  (3) 
ANNEX L Part A  (4) 
ANNEX  I, Part A  (5) 
ANNEX L Part A  (6) 
ANNEX L Part B  (1) 
ANNEX L Part B  (2) 
ANNEX  I, Part B (3) (a) 
ANNEX I, Part B (3) (b) (aa) 
ANNEX I, Part B (3) (b) (bb) 
ANNEX L Part B (3) (b) (cc) 
ANNEX L Part B (3) (b) (dd) 
ANNEX L Part B (3) (c) 
A N N E Xn 

ANNEX  i n,  Part A  (I) (1) 
ANNEX m,  Part A  (I) (2) 
ANNEX i n, Part A  (I) (3) 
ANNEX  i n,  Part A  (I) (4) 
ANNEX HI, Part A (I) (5) 
ANNEX i n,  Part A  (I) (6) 
ANNEX IJJ, Part A  (I) (7) 
ANNEX  III, Part A  (I) (8) 
ANNEX IU, Part A  (I) (9) 
ANNEX m,  Part A  (I) (10) 
ANNEX  i n, Part A  (I) (11) 
ANNEX  i n,  Part A  (I) (12) 
ANNEX m,  Part A  (I) (13) 
ANNEX  i n, Part B 
ANNEX IV 
ANNEXV 
ANNEXVI 

31 
$1> 

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  dedded  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  condusions  of  the  Presidency  of  the  Edinburgh  European  Coundl  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."  lb  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 (repladng  existing  legislation  without  chang 
ing  its  substance)  to  be  adopted  in  a  speedy  and  efficient  way". 

4.  The  proposed  consoUdated  version  of  Council  Directive 69/208/EEC  of  30  June  1969 
on  the marketing  of seed of oil and fibre  plants  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 
prindples  agreed  by Councfl,  Parliament  and  the  Commission  in  1974; it  aims at legis 
lative 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  codified 
text  will  serve  as  the  basis  for  future  legislative  developments  in  this  field. 

5.  Certain  provisions  of  Directive  69/208/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  the  EEC.  Moreover,  there  could  be  a finandal  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  frr  the  amendment  of 
Directive  69/208/EEC  repladng  "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  offidal  languages, of  Directive  69/208/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. 

0)  Annex VL part  A of this proposal. 

f<* 

4 

Proposal  for  a 

COUNCIL  DIRECTIVE 

on the  marketing  of  seed  of  oil  and  fibre  plants 

(consolidated  version) 

S"^ ta-to 

Proposal  for  a 

COUNCIL DIRECTIVE -J„JEC 

of 

on the marketing  of seed  of  oil  and  fibre  plants 

95/0304  (CNS) 

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 0), 

Having regard  to  the  opinion  of  the  Economic  and So 
cial Committee (2)-

1)  Whereas Council Directive 69/208/EEC of 30 June 1969 
on  the marketing  of  seed  of  oil  and fibre plants (3) has 
been  frequently  and  substantially  amended; whereas  for 
reasons  of  clarity  and  rationality  the  said  Directive 
should be consoUdated; 

2)  Whereas the production  of  oil and fibre  plants occupies 
an important place in the agriculture of the Community; 

3)  Whereas satisfactory  results in the  cultivation  of oil and 
fibre plants depend  to  a  large  extent  on  the  use of  ap 
propriate  seed;  whereas  to  this  end  certain  Member 
States  have  restricted  the  marketing  of  seed  of  some 
spedes of these plants to high-quality seed; whereas they 
have been able to take advantage of the systematic plant 
selection  work  carried  out  for  some time which  has re 
sulted  in the development  of sufficiently  stable and uni 
form  cereal varieties which, by reason of their  character 
istics, promise to be of great value for purposes in view; 

4)  Whereas greater productivity will be achieved in the cul 

tivation  of  oil and  fibre  plants within  the  Community if 
for  the choice of the varieties permitted  to be marketed 
the  Member  States  apply  uniform  rules  which  are  as 
strict  as possible; whereas  a  common  catalogue  of  var 
ieties of  agricultural  plant  spedes  is therefore  provided 
for  in the  Council Directive  9 5 / . .. /EC (4); 

69/208/EEC 

71/162/EEC 

[70/457/EEC] 

(1)  OJNoC. 
(2)  OJ No C ._ 
(3 )  O J No L169,10.7.1969, p. 3; as last amended by the Act of Ac 

cession AT, FI, SE. 

(4)  See page _. of this Official Journal. 

5T" 

5)  Whereas  it  is,  however,  justifiable  to  restrict  marketing 
to  certain  varieties  only  where  the  user  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  offidal  verification  to  ensure  the  identity  and  purity 
of  the  varieties; 

7)  Whereas  the  conditions  to  be  satisfied  by  the  crop  and 
by  the  seed,  induding  the  varietal  purity  standards, 
should  be  amended  so  as  to  conform  with  the  schemes 
for  varietal  certification  of  seed  intended  for  interna 
tional  trade  laid  down by the  Organization  for  Economic 
Cooperation  and  Development  (OECD); 

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 
to 
marketing  both  in  other  Member  States  and  on  domestic 
markets; 

therefore  apply 

9)  Whereas,  as  a  general  rule,  seed  of  oil  and  fibre  plants 
should  be  allowed  to  be  marketed  only  if  it  has  been 
officially  examined  and  certified,  in  accordance  with  the 
rules  for  certification,  as  basic  seed  or  certified  seed; 
whereas  the  choice  of  the  technical  terms  *basic  seed' 
and  'certified  seed'  is  based  on  already  existing  interna 
tional  terminology; 

10)  Whereas  there  should  be  approval  for  commercial  seed 
in  order  to  take  into  account  the  fad  that  not  all  genera 
and  spedes  of  oil  and  fibre  plants  of  importance  for 
cropping  have  as  yet  produced  either  the  desired  var 
ieties  or  sufficient  quantities  of  seed  of  the  existing  var 
ieties  to  meet  all  the  needs  of  the  Community;  whereas 
it  is  therefore  necessary,  in  the  case  of  certain  genera 
and  spedes,  to  prove  seed  of  oil  and  fibre  plants  which 
is not  of  a  named  variety,  but  which  satisfies  the  regula 
tions  in  all  other  respects; 

11)  Whereas  seed  of  oil  and  fibre  plants  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  spedal  provisions; 

12)  Whereas  it  is necessary  to  provide  that  bred  seed  of  gen 
eration  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; 

69/208/CEE 

82/287/EEC 
(adapted) 

69/208/EEC 
(adapted) 

8. 

72/418/EEC 
(adapted) 

13)  Whereas  Community  rules  should  not  apply  to  seed 
shown  to  be  intended  for  export  to  third  countries; 

10. 

69/208/EEC 

*G 

14)  Whereas,  in  order  to  improve  not  only  the  genetic  qual 
ity of  Community  seed  of  oil  and  fibre  plants  but  also  its 
external  characteristics,  certain  requirements  should  be 
laid  down  as  to  analytical  purity  and  germination; 

15)  Whereas,  if  certain  spedes  of  seed  are  not  normally  re 
produced  or  marketed  in  the  territory  of  a  Member 
State,  provision  should  be  made  for  release  of  that 
Member  State,  under  the  procedure  of  the  Standing 
Committee  on  Seeds  and  Propagating  Material  for  Agri 
culture,  Horticulture  and  Forestry,  from  the  obligation  to 
apply this  Directive  in  respect  of  the  species  in  question; 

16)  Whereas,  in  order  to  ensure  the  identity  of  the  seed, 
Community  rules  on  packaging,  sampling,  sealing  and 
marking  must  be  established;  whereas  to  this  end  the 
labels should  give the  particulars  needed  both  for  offidal 
verification  and  for  the  information  of  the  user  and 
should  dearly  show the  Community  nature  of  the  certifi 
cation  of  the  certified  seed  of  the  various  categories; 

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  Artide  36  of  the  Treaty,  be  subject  to 
no  marketing  restrictions  other  than  those  provided  for 
in  Community  rules; 

19)  Whereas, subject  to  certain  conditions, seed  multiplied  in 
another  country  from  basic  seed  certified  in  a  Member 
State  should  be  recognized  as  equivalent  to  seed  multi 
plied  in  that  Member  State; 

20)  Whereas,  on  the  other  hand,  provision  should  be  made 
for  authorizing  the  marketing  within  the  Community  of 
seed  of  oil  and  fibre  plants  which  has  been  harvested  in 
third  countries  only  if  such  seed  affords  the  same  assur 
ances  as seed  officially  certified,  or  offidally  approved  as 
commerdal  seed,  within  the  Community  and  complying 
with  Community  rules; 

21)  Whereas,  during periods in which  there  are  difficulties  in 
obtaining  supplies  of  certified  seed  of  the  various  cat 
egories,  seeds  of  an  inferior  quality  should  be  temporar 
ily permitted  to  be  marketed,  and  also  seeds  of  varieties 
not  induded  either  in  the  common  catalogue  or  in  the 
national  catalogue  of  varieties; 

11. 

12. 

13. 

14. 

15. 

17. 

18. 

19. 
+ 
3. 

72/418/EEC 
(adapted) 

n 

20. 

69/208/EEC 

21. 

(adapted) 

22)  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'; 

23)  Whereas  for  the  exerdse  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  Artide  2  (II)  of 
Council  Decision  87/373/EEC(1>; 

24)  Whereas  this Directive  must  not  affea  the  obUgations  of 
the  Member  States  concerning  the  deadlines  for  trans 
position  of  the  Directives  set  out  in  Annex  VI,  part  B, 

HAS  ADOPTED  THIS  DIIŒCTiVE: 

(1)  OJ No L  197, 18. 7. 1987, p. 33. 

<?% 

Article  1 

This  Directive  shall  apply  to  seed  of  oil  and  fibre  plants 
marketed  within the Community and  intended  for  agricul 
tural  production  but  excluding  use  for  ornamental  pur 
poses. 

It  shall  not  apply to  seed  of  oil  and  fibre  plants which  is 
shown  to be intended  for  export  to third  countries. 

69/208/EEC 

Article  2 

For the purposes  of  this  Direaive, 

'Oil  and  fibre  plants'  means  plants  of  the  following 
genera  and  spedes 

1. 

A. 

Article 17 

Arachis hypogaea  L. 

Groundnut  (peanut) 

79/641/EEC -  Art  3 (1) 

Brassica juncea (L.) and 
Czernj. Cosson 
Brassica napus L. (par-
tim) 
Brassica nigra (L.) Koch 

Brassica rapa L. var. sil-
vestris (Lam.) Briggs 

Brown mustard 
Swede rape 

Black mustard 

Turnip rape 

87A20/EEC -  Art 4 (1) 

Cannabis sativa L. 

Hemp 

79/641/EEC -  Art 3 (1) 

Carthamus tinctorius L. 

Safflower 

|  86/155/EEC -  Art  4 (1) 

Carum carvi L. 

Caraway 

Glycine max (L.) Merr. 

Soyabean 

Gossypium spp. 

Cotton 

Helianthus annum L. 

Sunflower 

Linum usitatissimum L. 

Flax, linseed 

Papaver somniferum L. 

Opium poppy 

Sinapis alba L. 

White mustard 

'Basic seed' (varieties other than hybrids of  sunflower) 
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 ei 
ther  of  the  category  'certified  seed'  or  of  the 
categories 'certified seed, first generation' or 'cer 
tified  seed,  second  generation'  or.  where  ap 
propriate,  'certified  seed, third  generation': 

79/641/EEC -  Art  3 (1) 

69/208/EEC - 88/380/EEC -  Art. 5 (1) 

71/162/EEC -  Art 5 (2) (a) 

^ 

(c)  which,  subject  to  the  provisions  of  Article  4,  sat 
isfies  the  conditions  laid  down  in  Annexes  I  and 
II  for  basic  seed;  and 

I  69/208/EEC 

(d)  which  has  been  found  by  official  examination  to 

satisfy  the  abovementioned  conditions; 

C. 

'Basic  seed'  (hybrids  of  sunflower): 

88/380/EEC -  Art. 5 (2) 

69/208/EEC 
71/162/EEC-Art.5(2)(b)-86A55/EEC-Art4(2) 

Corrigendum,  English Special Edition, p. 33 

1.  Uasic  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  offidal  examina 
tion  to  satisfy  the  abovementioned  condi 
tions; 

2 

'Basic  seed  of  simple  hybrids'  means  seed 

(a)  which  is  intended  for  the  production  of 
three-way-cross  hybrids  or  double-cross  hy 
brids; 

(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  offidal  examina 
tion  to  satisfy  the  abovementioned  condi 
tions; 

D. 

'Certified  seed'  (turnip  rape,  brown  mustard,  swede 
rape,  dioecious  hemp,  safflower.  black  mustard,  car 
away,  sunflower,  opium  poppy,  white  mustard)  means 
seed 

(a)  which  has,, bccp-produçed  directly  from  basic 
seed  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  examina 
tion  to  satisfy  the  conditions  laid  down  in  An 
nexes  I  and  II  for  basic  seed; 

(b)  which  is  intended  for  purposes  other  than  the 

production  of  seed  of  oil  or  fibre  plants; 

(c)  which,  subject  to  the  provisions  of  point  (b)  of 
Article  4,  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  abovementioiied  conditions; 

<QSD 

'Certified  seed,  first  generation'  (groundnut,  mono 
ecious  hemp,  flax,  linseed,  soya,  cotton-)  means  seed 

69/208/EEC - 7 1 / I ( W L À^ 
86/155/EEC  Art. 4 (4) 

-  AJ t.  5  (2)  (c) 

Corrigendum, English Special Edition, p. 33 

71/162/EEC  -  Art  5 (2)  (d) 

(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  gen 
eration'  or.  where  appropriate,  of  the  category 
'certified  seec^  third  generation',  or  for  purposes 
other  than  the  production  of  seed  of  oil  or  fibre 
plants; 

(c)  which  satisfies  the  conditions  laid  down  in  An 

nexes  I  and  II  for  certified  seed;  and 

(d)  which  has  been  found  by  official  examination  to 

satisfy  the  abovementioned  conditions; 

'Certified  seed,  second  generation'  (groundnut,  flax, 
linseed,  soya,  cotton)  means  seed 

86/155/EEC -  Art  4 (5) 

Corrigendum, English Special Edition, p. 33 
Corrigendum, English Spedal  Edition, p. 33 

71/162/EEC -  Art. 5 (2)  (e) 

(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  sat 
isfy  and  has  been  found  by  official  examination 
to  satisfy  the  conditions  laid  down  in  Annexes  I 
and  JJ  for  basic  seed; 

(b)  which  is  intended  for  purposes  other  than  the 
production  of  seed  of  oil  or  fibre  plants  or, 
where  appropriate, which  is intended  for  the  pro 
duction  of  seed  of  the  category  'certified  seed. 

(c)  which  satisfies  the  conditions  laid  down  in  An 

nexes  I  and  II  for  certified  seed;  and 

(d)  which  has  been  found  by  official  examination  to 

satisfy  the  abovementioned  conditions; 

G. 

'Certified 
hemp)  means  seed 

seed,  second  generation' 

(monoecious 

71/162/EEC -  Art. 5 (2)  (0 

(a)  which  has  been  produced  directly  from  certified 
seed  of  the  first  generation  which  has  been  es 
tablished  and  officially  controlled  witli  a  special 
view  to  the  production  of  certified  seed  of  the 
second  generation; 

(b)  which  is  intended  for  the  production  of  hemp  to 

be  harvested  in  flower; 

Corrigendum, English Special Edition, p. 87 

6 A 

(c)  which  satisfies  the  conditions  laid  down  in  An 

nexes  I and  II  for  certified  seed; and 

(d)  which  has been  found  by official  examination  to 

satisfy  the  abovementioned  conditions; 

71A62/EEC -  Art. 5 (2) (f) 

H. 

'Certified  seed, third generation' (flax, linseed) means 
seed 

69/208/EEC 

(a)  which  is of  direct  descent from  basic seed,  from 
certified  seed  of  the  first  or  second  generation 
or,  if  the  breeder  so  requests,  from  seed  of  a 
generation prior to basic seed and which can sat 
isfy  and  has  been  found  by  offidal  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 oil or fibre plants; 

(c)  which  satisfies  the  conditions  laid  down  in  An 

nexes I  and  n  for  certified  seed; and 

(d)  which  has been  found  by official  examination  to 

satisfy  the  abovementioned  conditions; 

I. 

'Commercial  seed' means seed 

(a)  which  is identifiable  as belonging  to  a species; 

(b)  which, subject  to the provisions  of Artide  4 (b), 
satisfies  the conditions laid down in Annex II for 
commercial  seed; and 

(c)  which  has been  found  by official  examination  to 

satisfy  the  abovementioned  conditions; 

J. 

'Offidal  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  arc  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. 

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  21 (2). 

78/55/EEC -  Art 5 (1) 

88/380/EEC -  Art 5 (3) 

6X 

3.  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  Artide  21  (2). 

88/380/EEC -  Art. 5 (5) 

78/55/EEC - A rt  5 (1) - 88/380/EEC -  A rt  5 (4) 

69/208/EEC 

88/380/EEC -  A rt  5 (6) 

Corrigendum, English Spedal Edition, p. 33 

4j  Member  States  may  be  authorized  in  accordance  with 
the  procedure  laid  down  in  Artide  21  (2)  to  permit,  by 
way  of  derogation  from  points  E  (a)  or  F  (a)  of  paragraph 
1, to  be  certified  as certified  seed  of  the  first  generation  or 
certified  seed  of  the  second  generation  seeds  of  self-pollin 
ating  spedes  which  have  been  entered  for  certification  as 
basic  seed  and  which  have  been  produced  from  a  gener 
ation  prior  to  basic  seed  but  which  has  not  been  offidally 
examined.  This  provision  shall  not  apply  to  hybrid  seeds. 
Certification  as  certified  seed  may  occur  only  if  this  is  re 
quested  by  the  applicant  for  certification  with  the  agree 
ment  of  the  breeder  and  if  an  offidal  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  seed  of  the  previous  generation. 
These  conditions  may  be  amended  in  the  light  of  the  de 
velopment  of  sdentific  or  technical  knowledge  in  accord 
ance  with  the  procedure  laid  down  in  Artide  21  (2). 

Member  States  shall  require  that  the  offidal  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)  only';  in  addi 
tion,  Member  States  may  require  in  this  case  that  the  offi 
dal  labels  also  be  marked  'intended  for  further  multiplica 
tion  onh/\ 

5.  Member  States  may: 

(a) 

in  the  case  of  flax  or  linseed  seed,  indude  several 
generations  in  the  basic  seed  category  and  subdivide 
this  category  by  generation; 

(b)  provide  that  offidal  examinations  to  check  compliance 
with  the  condition  laid  down  in  Annex  II  (I)  (4)  for 
Brassica napus  shall  not  be  carried  out  on  all lots  dur 
ing  certification  unless  there  is  doubt  whether  that 
condition  has  been  satisfied. 

S3 

Article  3 

69/208/EEC 

1.  Without  prqudice  to  the  provisions  of  Directive 
95/... /EC,  Member  States  shall  provide  that  seed of 

[70/457/EEC] 

Brassica  napus L.  (partim) 

87/120/EEC -  Art. 4 (2) 

Brassica  rapa  L. var. silvestris  (Lam.)  Briggs 

Cannabis sativa  L. 

69/208/EEC 

Carthamus  tine tortus  L. 

I  86/155/EEC -  Art 4 (6) 

69/208/EEC 

Carum  carvi  L. 

Gossypium  spec 

Helianthus  annum L. 

Linum usitatissimum  L,  (partzm)-flax 

may not  be  placed  on  the  market  unless  it  has been  offi 
dally certified  as *basic seed' or  'certified  seed'  and  unless 
it satisfies  the conditions  laid  down  in Annex  H 

2.  Member States shall provide that seed of oil and fibre 
plant  spedes  other  than  those  listed  in  paragraph  1 may 
not be placed on the market  unless the seed  has been  offi 
dally certified  as "basic seed' or  'certified  seed',  or is com-
merdal  seed,  and  unless  the  seed  also  satisfies  the  condi 
tions laid  down  in Annex  II. 

3. 
It may be provided, under  the procedure laid down in 
Artide  21  (2),  that  after  specified  dates  seed  of  oil  and 
fibre plant  spedes  other  than  those  listed  in  paragraph  1 
may not  be  placed  on  the  market  unless  it  has  been  offi 
dally  certified  as 'basic seed'  or  'certified  seed'. 

4.  Member  States shall ensure that  official  examinations 
are  carried  out  in  accordance  with  current  international 
methods,  in so far  as such  methods  exist 

5.  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. 

S(f 

Article  4 

69/208/EEC 

Member  States  may,  however,  by  way  of  derogation  from 
the  provisions  of  Artide  3: 

(a)  authorize  the  offidal  certification  and  marketing  of 
basic  seed  which  does  not  satisfy  the  conditions  laid 
down  in  Annex  II  in  respea  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 
spedal  label  bearing  his  name  and  address  and  the 
reference  number  of  the  seed  lot; 

(b) 

'basic  seed', 

in  order  to  make  seed  rapidly  available,  notwithstand 
ing  the  faa  that  offidal  exarnination  to  check  com 
pliance  with  the  conditions  laid  down  in  Annex  II  in 
respea  of  germination  has  not  been  conduded,  auth 
orize  the  official  certification  or  approval  and  market 
ing  as far  as the  first  buyer  by way  of  trade  of  seed  of 
'certified  seed'  of  all 
the  categories 
categories  or  'commerdal  seed'.  Certification  or  ap 
proval  shall  be  granted  only  on  presentation  of  a 
provisional  analytical  report  on  the  seed  and  provided 
that  the  name  and  address  of  the  first  redpient  are 
given;  all  necessary  measures  shall  be  taken  to  ensure 
that  the  supplier  guarantees  the  gerrnination  ascer 
tained  at  the  provisional  analysis;  this  germination 
shall  be  stated  for  marketing  purposes  on  a  spedal 
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  15 in 
respea  of  multiplication  outside  the  Community. 

Article  5 

Member  States  may, as regards the  conditions  laid  down  in 
Annexes  I  and  H,  impose  additional  or  more  stringent  re 
quirements  for  the  certification  and  examination  of  com 
merdal  seed  produced  in  their  own  territory. 

Article  6 

Corrigendum,  English Spedal Edition, p. 33 

Member  States  shall provide  that  the  description  of  genea 
logical  components  which  may  be  required 
is,  if  the 
breeder  so  requests,  treated  as  confidential. 

71/162/EEC -  Art. 5 (3) 

ér 

69/208/EEC 

Corrigendum,  English Spedal  Edition, p. 33 

Corrigendum,  English Spedal  Edition, p. 33 

78/692/EEC  -  Art. 6 (1) 

Article  7 

1.  Member  States  shall  require  that  for  the  checking  of 
varieties,  the  examination  of  seed  for  certification  and  the 
examination  of  commerdal  seed,  samples  are  drawn  under 
offidal 
appropriate 
methods. 

in  accordance  with 

supervision 

2. 
For  the  exarnination  of  seed  for  certification  and  the 
examination  of  commerdal  seed,  samples  shall  be  drawn 
from  homogeneous  lots;  the  maximum  weight  of  a  lot  and 
the  minimum  weight  of  a  sample  are  given  in  Annex  HI. 

Article  8 

1.  Member  States  shall  require  that  basic  seed,  certified 
seed  of  all  categories  and  commerdal  seed  be  marketed 
only  in  sufficiently  homogeneous  consignments  and  in 
sealed  packages bearing, as prescribed  in Articles  9 and  10, 
a  sealing  system  and  markings. 

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  respea  of packaging,  seal 
ing  and  marking. 

Article  9 

1.  Member  States  shall  require  that  packages  of  basic 
seed,  certified  seed  of  all  categories  and  commerdal  seed, 
be  sealed  offidally  or  under  offidal  supervision  in  such  a 
manner  that  they  cannot  be  opened  without  damaging  the 
sealing  system  or  leaving  evidence  of  tampering  on  either 
the  offidal  label  provided  for  in Article  10 (1) or  the  pack 
age. 

In  order  to  ensure  sealing,  the  sealing  system  shall  com 
prise  at  least  either  the  official  label  or  the  affixing  of  an 
offidal  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 
21 (2),  it  may  be  established  whether  a  particular  sealing 
system  complies  with  the  provisions  of  this  paragraph. 

2. 
Packages  which  have  been  officially  sealed  shall  not 
be  resealed,  whether  one  or  more  times,  except  offidally 
or  under  official  supervision.  If  packages  are  resealed,  the 
faa  of  resealing, the  most  recent  date  of  resealing  and  the 
authority  responsible  therefore  shall  be  stated  on  the  label 
required  under  Artide  10  (1). 

69/208/EEC 

78/692/EEC -  A rt  6 (2) 

3.  Member  States  may  provide  for  exceptions  to  para 
graph  1 in  the  case  of  small  packages. 

75/444/EEC -  A rt  5 (1) 

&6 

Article  10 

1.  Member  States  shall  require  that  packages  of  basic 
seed,  certified  seed  of all categories and  commerdal  seed: 

78/55/EEC -  Art 5 (3) 

(a)  be labelled on the  outside with an offidal  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 offidal  languages of 
the  Community.  The  colour  of  the  label  shall  be 
white  for  basic  seed,  blue  for  certified  seed  of  the 
first generation after  basic seed, red for  certified  seed 
of  subsequent  generations and  brown for  commerdal 
seed.  When  a  label with  a  string-hole  is used,  its at 
tachment  shall be ensured  in all cases with an  offidal 
seal. If,  in cases under point (a) of Article 4, the basic 
seed  does  not  satisfy  the  conditions  laid  down  in 
Annex  II  in  respea  of  germination, this faa  shall be 
stated on the label. The use of offidal  adhesive labels 
shall be authorized. In accordance with the  procedure 
laid  down  in  Article  21  (2)  the  indelible  printing 
under  official  supervision  of  the  information  on  the 
package  according  to  the  label's  model may be  auth 
orized; 

(b)  contain  an  official  document,  in  the  same  colour  as 
the  label,  giving  at  least  the  information  required 
under  Annex  IV (A)  (a)  (4), (5)  and  (6)  and,  in  the 
case  of  commerdal  seed,  under  (b)  (2),  (5)  and  (6). 
This  document  shall  be  drawn  up  in  such  a  manner 
that  it  cannot  be  confused  with  the  offidal  label  re 
ferred  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), an ad 
hesive 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)  onh/. 

3.  This  Directive  shall  not  affea  the  right  of  Member 
States to  require  that  seed  of oil and fibre  plants which is 
shown to be intended  for  purposes other  than  agricultural 
production  may not  be  placed  on  the  market  unless  this 
faa  is stated  on the label. 

69/208/EEC 

6? 

Article  11 

L 
This  Direaive  shall  not  affea  the  right  of  Member 
States  to  require  that  in  cases  other  than  those  provided 
for  in  Article  4,  packages  of  basic  seed,  certified  seed  of 
all  categories  or  commerdal  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  a 
supplier's  label. 

69/208/EEC - 88/380/EEC  -  Art. 5 (7) 

Corrigendum, English  Spedal  Edition, p. 33 
Corrigendum, English  Spedal  Edition, p. 33 

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. 5 (8) 

Article  12 

Member  States  shall  require  that  any  chemical  treatment 
of  basic seed, certified  seed  of  all  categories  or  commerdal 
seed  be  noted  either  on  the  official  label  or  on  the 
supplier's  label  and  on  the  package  or  inside  it. 

69/208/EEC 
Corrigendum, English  Spedal  Edition, p. 33 

Corrigendum, English  Spedal  Edition, p. 33 

Article  13 

Article 12a 

88/380/EEC -  Art. 5 (9) 

For  the purpose  of  seeking improved  alternatives  to  certain 
elements  of  the  certification  scheme  adopted  under  this 
Direaive,  it may  be  decided  to  organize  temporary  experi 
ments  under  specified  conditions at  Community  level  in ac 
cordance  with  the  procedure  laid  down  in  Artide  21  (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  14 

Article 13 

1.  Member  States  shall  ensure  that  basic  seed  and  certi 
fied  seed  of  all  categories  which  have  been  offidally  certi 
fied  and  whose  packages  have  been  marked  and  sealed 
officially  or  under  offidal  supervision  as  prescribed  in  this 
Direaive,  and  commerdal  seed whose  packages  have  been 
marked  and  sealed  offidally  or  under  offidal  supervision 
as  prescribed  in this  Direaive,  are  subjea  to  no  marketing 
restriaions  as regards  their  charaaeristics.  examination  ar 
rangements,  marking  and  sealing  other  than  those  laid 
down  in  this  Direaive. 

69/208/EEC 
Corrigendum, English  Spedal  Edition, p. 33 
Corrigendum, English  Spedal Edition, p. 33 
78/55/EEC -  Art. 5 (4) 
Corrigendum, English  Spedal  Edition, p. 33 
78/55/EEC -  Art. 5 (4) 

Corrigendum, English Spedal Edition, p. 33 

6V 

2.  Member  States may: 

69/208/EEC 

(a)  where  no  measures have  been  taken  by the  Commis 
sion under  Artide  3 (3)  and  entered  into  force,  pro 
vide  that  after  specified  dates  seed  of  oil  and  fibre 
plant  spedes  other  than  those  listed  in  Article  3  (1) 
may not  be  placed  on  the  market  unless  it  has  been 
offidally  certified  as "basic seed'  or  'certified  seed'; 

(b)  adopt  provisions  concerning  the  maximum  moisture 

content  accepted  for  marketing; 

(c)  restria the marketing of certified  seed of oil and fibre 
plants to that  of  the  first  generation  and,  in  the  case 
of flax, to that  of the  first  or  second  generation  after 
basic seed; 

3.  Member  States  which  have  provided  for  exemptions 
in accordance  with the provisions of  point  (a)  of Article  3 
(5)  shall  ensure  that  bred  seed  of  generations  prior  to 
basic seed  are  subjea  to  no  marketing  restrictions  on  ac 
count  of  their  charaaeristics.  examination  arrangements, 
marking  and sealing, 

(a)  if  it  has  been  offidally  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 offidal  label giving at least the 
following  particulars: 

—  certification  authority  and  Member  State  or 

their  distinguishing  abbreviation 

72/418/EEC -  Art. 5 (2) 

Corrigendum, English Spedal Edition, p. 106 

Corrigendum, English Spedal Edition, p. 106 

Corrigendum, English Spedal Edition, p. 106 

— 

lot, reference  number 

Corrigendum, English Special Edition, p. 106 

—  month  and year  of sealing, 

78/692/EEC -  Art 6 (3) 

or 

—  month and year of the last offidal  sealing 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 charac 
ters, 

—  variety,  indicated  at least  in  roman  charaaers, 

88/380/EEC -  Art. 5 (10) 

— 

the description  'pre-basic  seed' 

72/418/EEC -  Art 5 (2) 

— 

the number  of  generations  preceding  of  the  cat 
egories  'certified  seed'  or  'certified  seed  of  the 
first generation'. 

Corrigendum, English Spedal Edition, p. 106 

The  label shall be white with a  diagonal violet  line 

Corrigendum, English Spedal Edition, p. 106 

?s 

In  accordance  with  the  procedure  laid  down  in  Article 
21 (2),  Member  States  may  be  released  from  the  require 
ment  to  indicate  the  botanical  name  in respea  of  individ 
ual  species  and,  where  appropriate,  for  limited  periods, 
where it has been  established  that the disadvantages of the 
implementation  outweigh  the  advantages  expeaed  for  the 
marketing  of seed. 

88/380/EEC-Art 5 (11) 

Article  15 

Article 14 

1.  Member States shall provide that seed of oil and fibre 
plants 

88/380/EEC -  Art 5 (12) 

[70/457/EEC] 

—  which has been  produced  directly  from  basic seed  or 
certified  seed of the first  generation offidally  certified 
either  in  one  or  more  Member  States  or  in  a  third 
country  which  has  been  granted  equivalence  under 
point  (b)  of  Article  16, or  which  has  been  produced 
directly from the crossing of basic seed offidally  certi 
fied in a Member State with basic seed offidally  certi 
fied  in such  a third  country,  and 

—  which has been  harvested  in  another  Member State, 

shall, on request and without prqudice to the provisions of 
Directive 95/... /EC, be offidally  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 offidal  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 offidally  certified  seed  of  generations  prior  to basic 
seed,  Member  States  may  also  authorize  offidal  certifi 
cation  as  basic  seed,  if  the  conditions  laid  down  for  that 
category  are  satisfied. 

2.  Seed of oil and fibre  plants which has been harvested 
in another Member State, and which is intended for  certifi 
cation in accordance with the provisions laid down in para 
graph  1, shall: 

—  be packed and labelled with an offidal  label  satisfying 
the conditions laid down in Annex V (A) and  (B), in 
accordance with the provisions laid  down in Artide 9 
(1), and 

—  be accompanied by an official  document satisfying  the 

conditions laid  down  in Annex V (C). 

£ 

3.  Member  States  shall  also  provide  that  seed  of  oil  and 
fibre  plants 

88/380/EEC -  Art. 5 (12) 

—  which  has  been  produced  directly  from  basic  seed  or 
certified  seed  of  the  first  generation  offidally  certified 
either  in  one  or  more  Member  States  or  in  a  third 
country  which  has  been  granted  equivalence  under 
point  (b)  of  Article  16,  or  which  has  been  produced 
directly  from  the  crossing  of  basic  seed  offidally  certi 
fied  in a  Member  State  with  basic  seed  offidally  certi 
fied  in  such  a  third  country,  and 

—  which  has  been  harvested  in  a  third  country, 

shall,  on  request  be  offidally  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  dedsion  made  under  Article  16  (a)  for 
the  relevant  category  and  if  official  examination  has  shown 
that  the  conditions  laid  down  in  Annex  n  for  the  same 
category  are  satisfied.  Other  Member  States  may  also 
authorize  offidal  certification  of  such  seed. 

Article  16 

Article  15 

The  Councfl,  acting  by  a  qualified  majority  on  a  proposal 
from  the  Commission,  shall  determine  whether: 

69/208/EEC 

(a) 

in  the  case  provided  for  in  Artide  15,  the  field  in 
spections  in  the  third  country  satisfy  the  conditions 
laid  down  in  Annex  I; 

(b)  seed  of  of! and  fibre  plants  which  has  been  harvested 
in  a  third  country  and  affords  the  same  assurances  as 
regards its characteristics  and  the  arrangements  for  its 
examination, for  ensuring  its identity, for  marking  and 
for  control  is  equivalent  in  these  respects  to  basic 
seed,  certified  seed,  certified  seed  of  the  first,  second 
or  third  generation  or  commercial  seed  harvested 
within  the  Community  and  complying  with  the  provi 
sions  of  this  Directive. 

y-* 

Article  17 

Article 16 

72/418/EEC -  Art. 5 (3) 

1. 
In  order  to  remove  any  temporary  difficulties  in  the 
general  supply  of  basic  seed  or  certified  seed  of  any  kind 
or  commerdal  seed  that  occur  in  one  or  more  Member 
States  and  cannot  be  overcome within  the  Community,  one 
or  more  Member  States  may  be  authorized,  according  to 
the  procedure  laid  down  in  Article  21  (2)  to  permit  for  a 
specified  period,  the  marketing  of  seed  of  a  category  sub-
j ea  to  less  stringent  requirements,  or  of  seed  of  varieties 
not  induded  in  the  common  catalogue, or  in  their  national 
catalogues  of  varieties. 

For  a  category  of  seed  of  any  given  variety,  the  offi 
2. 
dal  label  shall  be  that  provided  for  the  corresponding  var 
iety; in  all  other  cases  the colour  shall be  that  provided  for 
commercial  seed.  The  label  shall  always state  that  the  seed 
in  question  is of  a category  satisfying  less stringent  require 
ments. 

69/208/EEC 

3.  Rules  for  the  application  of  paragraph  1  may  be 
adopted  in  accordance with the procedure  laid  down  in  Ar 
ticle  21  (2). 

88/332/EEC -  A rt  7 

Article  18 

1.  Member  States  shall  make  suitable  arrangements  for 
seed  of  oil  and  fibre  plants  to  be  officially  verified  during 
marketing,  at  least  by  sampling,  as  regards  its  compliance 
with  the  requirements  of  this  Directive. 

69/208/EEC — 72/418/EEC -  A rt  5 (4) 

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: 

72/418/EEC -  A rt  5 (5) 

(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  (2). 

TVL 

71/162/EEC -  A rt  5 (6) 

69/208/EEC 

Article  19 

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  oil  and 
fibre  plants,  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  21  (2). 

2.  These  comparative  tests  shall  be  used  to  harmonize 
the  technical  methods  of  certification  so  as  to  obtain  re 
sults  which  are  equivalent  Annual  progress  reports  shall 
be  made  on  these  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 
tide  21 (2),  set  the  date  for  the  first  report. 

3.  The  Commission,  aaing  in  accordance  with  the  pro 
cedure  laid  down  in  Artide  21  (2),  shall  make  the  necess 
ary  arrangements  for  the  comparative  tests  to  be  carried 
third 
in 
o ut  Seed  of  oil  and  fibre  plants  harvested 
countries  may  be  induded  in  the  comparative  tests. 

Article  20 

Article 20a 

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  Artide  21  (2). 

73/438/EEC-Art5(4) 

Article  21 

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 (-1). 

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 
dedsions  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. 

W  OJ No 125,11.7.1966, p. 2289/66. 

VvS 

87/373/EEC 

The  (^mmission  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  dedded  for  a  period  of  not 
more  than  one  month  from  the  date  of  such  communica 
tion. 

The  Councfl,  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  subjea  matter  of  this  Directive. 

66/399/EEC -  A rt  2 
(adapted) 

Article  22 

Article  21 

Save  as  otherwise  provided  in  Annex  II  in  respea  of  the 
presence  of  diseases,  harmful  organisms  and  their  veaors, 
this  Direaive  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  and  commercial  property. 

69/208/EEC 

Article  23 

Article  22 

88/380/EEC -  A rt  5 (13) 

Upon  application  by  a  Member  State,  which  wfll  be  dealt 
with  as  provided  in  Article  21  (2),  that  State  may  be 
wholly  or  partially  released  from  the  obUgation  to  apply 
the  provisions  of  this  Directive,  with  the  exception  of  Ar 
ticle  14  (1): 

(a) 

in  respea  of  the  following  spedes: 

—  Safflower; 

(b) 

in  respea  of  other  spedes  which  are  not  normally  re 
produced  or  marketed  in  its  territory. 

V. 

Article  24 

1.  The  Directives listed  in Annex VI Part A, are  hereby 
repealed  without  prejudice  to  the  obUgations  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  Direaive  and  should  be  read 
in  accordance  with  the  correlation  table  set  out  in Annex 
vn. 

Article  25 

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 

*T 

ANNEX  I 

78/388/EEC -  Art  1 (1) 

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  spe 
des  and  variety  of  the  crop,  and  the  field  shall  be 
suffidently  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: 

Crop 

Minimum 
distance 

Brassica  spp.  other  than  Brassica  napus: 
Cannabis  sativa  other  than  monoecius 
hemp;  Carthamus tinctorius: Carum carvi; 
Gossypium  spp.;  Sinapis  alba: 

—  for  the production  of basic seed 

—  for  the  production of certified  seed 

Brassica napus: 

—  for  the production  of basic seed 

—  for  the production  of certified  seed 

Cannabis  sativa,  monoecius  hemp.-

—  for  the production  of basic seed 

—  for  the  production  of  certified  seed 

400 m 

200m 

200m 

100 m 

5000m 

1000m 

79/641/EEC -  A rt  3  (3) 

86/155/EEC  -  A rt  4 

Helianthus  annum: 

88/380/EEC -  A rt  5 (15) 

—  for the production  of basic seed of hy 

1500 m 

brids 

—  for the production of basic seed of vari 

750 m 

eties other than  hybrids 

—  for  the production  of certified  seed 

500 m 

These  distances  can  be  disregarded  if  there  is  suffi 
dent  protection  from  any  undesirable  foreign  pollina 
tion. 

78/388/EEC -  A rt  1 (1) 

3.  The  crop  shall  have  suffident  varietal  identity  and  va 
rietal  purity  or,  in  the  case  of  a a op  of  an  inbred  Une 
of  Htlianthus  annum,  sufficient  identity  and  purity  as 
regard;,  its  charaaeristics. 

88/380/EEC -  Art  5 (16) 

Vfc 

88/380/EEC -  Art. 5 (16) 

For  the  produaion  of  seed  of  hybrid  varieties  of  He-
lianthus  annuus,  the  abovementioned  provisions  shall 
also  apply  to  the  charaaeristics  of  the  components, 
induding  male  sterflity  or  fertflity  restoration. 

In  particular,  crops  of  Brassica juncea,  Brassica  nigra, 
Cannabis  sativa,  Carthamus  tinctorius,  Carum  carvi, 
Gossypium  spp.  and  hybrids  of  Helianthus  annum 
shall  conform  to  the  foUowing  standards  or  other 
conditions: 

A.  Brassica juncea,  Brassica  nigra,  Cannabis  sativa, 
Carthamus  tinctorius, Carum  carvi and  Gossypium 
spp.: 

The  number  of  plants  of  the  crop  spedes  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.  Hybrids  of  Helianthus  annuus: 

(a) 

the  percentage  by  number  of  plants  which 
are  recognizable  as  obviously not  being  true 
to  the  inbred  Une or  to  the  component  shall 
not  exceed: 

(aa)  for  the  production  of  basic  seed: 

(i)  inbred Unes 

0,2 

(ii)  simple hybrids 

—  male 

parent 
plants  which  have 
shed  pollen  while 
2  %  or  more  of 
the  female  plants 
receptive 
have 
flowers 

—  female  parent 

0,2 

0,5 

(bb)  for  the  production  of  certified  seed: 

male 
component, 
plants  which  have 
shed  poUen  while  5 
%  or  more  of  the  fe 
male  plants  have  re 
ceptive  flowers 

—  female  component 

0,5 

1,0 

(b) 

the  foUowing  other  standards  or  conditions 
shaU  be  satisfied  for  the  produaion  of  seed 
of  hybrid  varieties: 

88/380/EEC -  A rt  5 (16) 

(aa)  suffident  poUen  shaU  be  shed  by  the 
plants  of  the  male  component  while 
the  plants of  the  female  component  are 
in  flower; 

(bb) where 

the  female  component  plants 
have  receptive  stigmas,  the  percentage 
by number  of  female  component  plants 
which  have shed  poUen  or  are  shedding 
poUen  shaU  not  exceed  0,5; 

(cc)  for  the  production  of  basic seed  the  to 
tal  percentage  by  number  of  plants  of 
the female  component which  are  recog 
nizable  as  obviously  not  being  true  to 
the  component  and  which  have  shed 
poUen  or  are  shedding  poUen  shall  not 
exceed  0,5; 

(dd) where  the  condition  laid  down  in  An 
nex  II  (I)  (2)  cannot  be  satisfied,  the 
following  condition  shall  be  satisfied:  a 
male-sterile  component  shaU  be  used 
to  produce  certified  seed  by  using  a 
male  component  which  contains  a  spe 
cific  restorer  Une  or  lines  so  that  at 
the  plants  grown 
least  one-third  of 
from  the  resulting  hybrid  wfll  produce 
poUen  which  appears  normal  in  all  re 
spects. 

78/388/EEC -  Art. 1 (1) 
9 2 / 9 / E E C - A r t l ( l) 

4.  Harmful  organisms which reduce  the  usefulness  of  the 
seed  shall  be  at  the  lowest  possible  level.  In  the  case 
of  Glycine max.  this  condition  is apphcahle  in  particu 
lar  to  the  organisms  Pseudomonas  syringae  pv.  grvri-
nea.  Diaporthe phaseolorum  var.  caulivora  and  var. so-
jaer  Phialophora  gregata and  Phytophthom  megasperma 
f.sp.  ftycinea (*). 

5.  The  satisfaction  of  the  abovementioned  standards  or 
other  conditions  shall  be  examined  in  offidal  field  in 
spections. 

These  field  inspeaions  shall  be  carried  out  in  accord 
ance  with  the  foUowing  conditions: 

A,  The  condition  and  the  stage  of  development  of 
the  crop  shall  permit  an  adequate  examination. 

(*)  The standards and conditions shall, where appropriate, be re 

viewed by 30 June 1995 at the latest 

& 

In cases other than crops of hybrids of  sunflower 
there shaU be at least one field inspeaion.  In the 
case  of  hybrids  of  sunflower  there  shaU  be  at 
least  two field  inspections. 

88/380/EEC — Art. 5 (17) 

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. 

78/388/EEC -  Art. 1 (1) 

V*3 

ANNEX  II 

78/388/EEC -  A rt  1 (2) 

CONDITIONS  TO  BE  SATISFIED  BY THE  SEED 

I.  BASIC  AND  CERTIFIED  SEED 

The  seed  shaU  have  sufficient  varietal  identity  and  va 
rietal  purity.  In  particular,  seeds  of  the  species  listed 
below  shaU  conform  to  the  foUowing  standards  or 
other  conditions: 

82/287/EEC -  Art  4 

Species and category 

Minimum 
varietal pu 
rity (%) 

Arachis  hypogaea: 

—  basic seed 

—  certified  seed 

Brassica  napus,  other  than  varieties  io_ 
be  used  solely  for 
fodder  purposes, 
Brassica  rapa  other  than  varieties  to  be 
used  solely  for  fodder  purposes 

—  basic seed 

—  certified  seed 

Brassica napm,  varieties to  be  used  sole-
h/  for  fodder  purposes,  Brassica  rapa, 
varieties  to  be  used  solely  for  fodder 
purposes,  Helianthus  annuus,  other  than 
hybrid  varieties  including  their  compo 
nents,  Sinapis  alba: 

—  basic seed 

—  certified  seed 

Linum  usitatissimum: 

—  basic seed 

—  certified  seed, 1st  generation 

—  certified  seed, 2nd and 3rd generations 

Papa ver  somniferum: 

—  basic seed 

—  certified  seed 

Glycine  max: 

—  basic seed 

—  certified  seed 

99,7 

99,5 

99,9 

99,7 

99,7 

99 

99,7 

98 

97,5 

99 

98 

99.5 

22 

The  rninimum varietal  purity shaU be  examined  main 
ly  in  field  inspections  carried  out  in  accordance  with 
the  conditions  laid  down  in  Annex  I 

82/859/EEC -  Art  1 (1) 

82/859/EEC -  Art  1 (1) 

82/859/EEC -  A rt  1 (1). 

82/859/EEC -  A rt  1 (1) 

92/107/EEC -  Art  1 

92/107/EEC -  Art  1 

eo 

88/380/EEC -  Art  5 (18) 

2.  Where  the condition  laid down in Annex I (3) (B) (b) 
(dd)  cannot  be  satisfied,  the foUowing  condition shaU 
be  met: where  for  the  produaion  of certified  seed of 
hybrids of sunflower  a female  male-sterile  component 
and  a  male  component  which  does  not  restore  male 
fertiUty  have  been  used,  the  seed  produced  by  the 
male-sterile  parent  shaU  be  blended  with  seed  pro 
duced  by  the  fuUy  fertile  seed  parent.  The  ratio  of 
male-sterile  parent  seed  to  male-fertile  parent  shaU 
not  exceed  two to one. 

The  seed  shaU conform  to the  foUowing  standards or 
other conditions as regards germination, analytical pu 
rity  and  content  of  seeds  of  other  plant  spedes  in-
duding  Orobanche  spp.: 

A.  Table: 

78/388/EEC -  Art  1 (2) 

f^l 

Analytical purity 

Maximum content by number of seeds of other plant spedes in a sample of 
the weight 
specified in column 4 of Annex III 
(total per column) 

78/388/EEC  -  Art.  1 (2) 

Condi 
tions as 
regards 
content 
oiOro-
banche 
seeds 

Rapha-
nus 
rapha-
nistrum 

Rumex 
spp. oth 
er than 
Rumex 
acetosella 

Alopecu-
rusmyo-
suroides 

Lolium 
remotum 

8 

9 

10 

11 

12 

m 

>* 

Spedes and category 

1 

Arachis  hypogaea 
Brassica  spp.: 

—  basic  seed 

—  certified  seed 
Cannabis  sativa 

Carthamus  tinctorius 

Carum  carvi 

Gossypium  spp. 
Helianthm  annuus 
Linum  usitatissimum 
—  flax 
—  Unseed 
Papaver  somniferum 

Sinapis  alba: 
—  basic  seed 
—  certified  seed 
Glycine  max. 

Mini 
mum 
ger 
mina 
tion 
(%of 
pure 
seed) 

2 

70 

85 
85 
75 

75 

70 

80 
85 

92 
85 
80 

85 
85 
80 

Maxi 
mum 
content 
seed of 
other 
plant 
spedes 
(%by 
weight) 
4 

0,3 
0,3 

0,3 
0,3 

Mini 
mum 
analyti 
cal 
purity 
(%by 
weight) 

3 

99 

98 
98 
98 

98 

97 

98 
98 

99 
99 
98 

98 
98 
98 

Other 
plant 
species 
(a) 

A vena 
fatua, 
Avena 
ludovi-
ciana, 
Avena 
sterilis 

5 

5 

2Q 
Ltd 

5 

25 
(b) 
15 
5 

15 

15 
25 
(b) 

5 

6 

0 

0 
0 
0 

0 

0 

0 
0 

0 
0 
0 

0 
0 
0 

Cuscuta 
spp. 

7 

0(c) 

0  (c)  (d) 
0(c)  (d) 
0(c) 

0(c) 

0(c) 
0(c) 

0(c)  (d) 
0(c)  (d) 
0(c)  (d) 

0(c)  (d) 
0(c)  (d) 
0(c) 

10 
10 

I 

0(c)  (d) 

10 

(c) 

(e) 

87/480/EEC  -  Art. 2 
87/480/EEC  -  Art. 2 
81/126/EEC  -  Art. 4 

86/155/EEC  -  Art. 4 (9) 

78/388/EEC  -  Art.  1 (2) 

3 

4 
4 

2 
2 

10 
10 

I 
1 

87/480/EEC  -  Art. 2 

87/480/EEC  -  Art. 2 

B.  Standards  or  other  conditions  appUcable  where 
reference  is  made  to  them  in  the  table  under 
Section  I (3)  (A)  of  this Annex: 

78/388/EEC -  Art  1 (2) 

(a)  The  maximum  contents  of  seeds  laid  down 
in  column  5  indude  also  the  seeds  of  the 
spedes  in columns  6 to 11. 

(b)  The determination  of  total  content  of  seeds 
of other  plants  species by number  need  not 
be carried out unless there is doubt whether 
the  conditions  laid  down  in  column  5  have 
been  satisfied. 

(c)  The determination  of seeds  of  Cmcuta spp. 
by  number  need  not  be  carried  out  unless 
there  is  doubt  whether  the  conditions  laid 
down in column  7 have been  satisfied. 

(d)  The presence of one seed of Cmcuta spp. in 
a  sample  of  the prescribed  weight  shaU not 
be regarded  as an impurity where  a  second 
sample of  the same weight  is free  from  any 
seeds of  Cmcuta spp. 

(e)  The seed shaU be free from Orobanche spp.; 

however  the  presence  of  one  seed  of Oro 
banche  spp. in  a  sample  of  100 grams shaU 
not be  regarded  as an  impurity where  a se 
cond  sample  of  200 grams is free  from  any 
seeds of  Orobanche  spp. 

4.  Harmful  organisms which reduce the usefulness  of the 
seed  shaU be  at  the  lowest  possible  level.  In  particu 
lar, the seed shaU conform  to  the foUowing  standards 
or  other  conditions: 

A.  Table: 

^^ 

Harmful  organisms 

78/388/EEC -  Art. 1 (2) 

Maximum percentage by 
number  of seeds contami 
nated by harmful  organisms 
(total per  column) 

Species 

Botry-
tis spp. 

Altema-
ria spp., 
Ascochy-
ta linico 
la (syn. 
Phoma 
linicola), 
Colleto-
tirchum 
Uni, Fu-
sarium 
spp. 

Platye-
dria 
gossy-
piella 

Sclerotinia 
sclerotio-
rum 

number of 
sclerotia or 
fragments 
of sclerotia 
ina 
sample of 
the weight 
specified 
in column 
4 of 
Annex  ID) 

1 

2 

3 

4 

5 

Brassica 
napus 

Brassica 
rapa 

Cannabis 
sativa 

Gossypium 
spp. 

Helianthus 
annuus 

Linum  mi-
tat  issimum 

Sinapis 
alba 

5 

5 

5 

1 0 ( b) 

80/304/EEC -  Art. 1 

5 ( b) 

79/641/EEC -  Art. 3 (4) 

1 

5(a) 

1 0 ( b) 

5 ( b) 

Standards  or  other  conditions  applicable  where 
reference  is  made  to  them  in  the  table  under 
Seaion  I  (4)  (A)  of  this  Annex: 

(a) 

In  flax  the  maximum  percentage  by  number 
of  seeds  contaminated  by Ascochyta  linicola 
(syn. Phoma  linicola)  shaU  not  exceed  one. 

(b)  The  determination  of  sclerotia  or  fragments 
of  sclerotia  of  Sclerotinia  sclerotiorum  by 
number  need  not  be  carried  out  unless 
there  is  doubt  whether  the  conditions  laid 
down  in  column  5  of  this  table  have  been 
satisfied. 

sH 

Particular  standards  or  other  conditions  applica 
ble to Glycine max: 

J  92/9/EEC -  Art. 1  (2) 

(a)  In respect of Pseudomonas syringae pv. gfyci-
nea  the  maximum  number  of  sub-samples 
within  a  sample  of  5 000  seeds  minimum 
per  lot subdivided  into 5 sub-samples which 
have been found  to  be contaminated  by the 
said  organism  shall not  exceed 4. 

Where  suspect  colonies are  identified  in all 
five  sub-samples,  appropriate  biochemical 
tests  on  the  suspect  colonies  isolated  on  a 
preferential  medium  for  each  sub-sample 
may be used to confirm  the above standards 
or conditions. 

(b)  In  respect  of  Diaporthe  phaseolorum the 

maximum  number  of  seeds  contaminated 
shall not  exceed  15 %. 

(c)  The percentage by weight of inert matter, as 

defined  in  accordance with current  interna 
tional testing methods, shall not  exceed 0,3. 

In  accordance  with  the  procedure  laid  down  in 
Artide 21 (2), Member States may be authorized 
not  to  carry  out  the  examination  in  respea  of 
the  above  particular  standards  or  other  condi 
tions unless, on the basis of previous experience, 
there is doubt whether  those standards or condi 
tions have been  satisfied W. 

H  COMMERCIAL  SEED 

78/388/EEC -  Art  1 (2) 

With  the  exception  of  Section  I,  the  conditions  laid 
down in Annex II (I)  shall  apply to commerdal  seed. 

(t)  The standards and conditions referred  to in point C shaU, 

where appropriate, be reviewed by 30 June 1995 at the latest 

&<r 

ANNEX 

in 

78/388/EEC -  Art. 1 (3) 

LOT  AND  SAMPLE  WEIGHTS 

Species 

Maximum 
weight 
of a lot 
(tonnes) 

Minimum 
weight of a 
sample to be 
drawn from 
a lot 
(grams) 

Weight of the 
sample for the 
determinadons 
by number pro 
vided for in col 
umns 5 to 11 of 
Annex II (I) (3) 
(A) and in col 
umn 5 of Annex 
n(i)(4)(A) 
(grams) 
4 

3 

1 

Arachis hypogaea 

Brassica  rapa 

Brassica juncea 

Brassica napus 

Brassica  nigra 

Cannabis sativa 

Carthamm 
tinctorim 

Carum carvi 

Gossypium spp. 

Helianthm 
annuus 

Linum 
usitatissimum 

Papaver 
somniferum 

Sinapis alba 

Glycine max. 

2 

20 

10 

10 

10 

10 

10 

10 

10 

20 

20 

10 

10 

10 

20 

79/641/EEC -  Art. 3 (5) 

1000 

1000 

200 

100 

200 

100 

600 

70 

40 

100 

40 

600 

900 

900 

86/155/EEC -  Art. 4 (10) 

78/388/EEC -  Art. 1 (3) 

200 

1000 

1000 

300 

50 

400 

1000 

80 

1000 

1000 

150 

10 

200 

1000 

The  maximum  lot  weight  shaU  not  be  exceeded  by  more 
than 5 %. 

87/120/EEC -  Art 4 (7) 

Sfc 

ANNEX  IV 

LABEL 

69/208/EEC 

Required  information 

(a)  For basic seed  and  certified seed: 

1. 

'EEC  rules  and  standards' 

2.  Certification  authority  and  Member  State  or 

their  initials 

Month  and  year  of  sealing  expressed  thus: 
'sealed  . . .'  (month  and  year) 

78/692/EEC -  A rt  6 (4) 

or 

month  and  year  of  the  last  offidal  sampling 
for  the  purposes  of  certification  expressed 
thus:  'sampled  . . .'  (month  and  year) 

4.  Reference  number  of  lot 

69/208/EEC 

5. 

Species,  indicated  at  least  under  its  botani 
cal  namft,  whirh  may  be  given  in  abridged 
form  and  without  the  authorities' names,  m 
rnman  characters 

88/380/EEC -  A rt  5 (19) 

6.  Variety,  indicated  at least  in roman  charaç-

88/380/EEC-Art  5 (21) 

îejs 

7.  Category 

8.  Country  of  produaion 

9.  Declared  net  or  gross  weight 

10.  Where  weight  is  indicated  and  granulated 
pesticides,  peUeting substances,  or  other  sol 
id  additives  are  used,  the  nature  of  the  ad 
ditive  and  also  the  approximate  ratio  be 
tween  the  weight  of  pure  seeds  and  the 
total  weight 

75/444/EEC -  A rt  5 (3) 

11. 

In  the  case  of  varieties which  are  hybrids  or 
inbred  lines: 

88/380/EEC -  Art. 5 (22) 

— 

for  basic  seed  where  the  hybrid  or 
inbred  line  to  which  the  seed  belongs 
has  been  officially  accepted  under  Di 
reaive  9 5 / . ..  /EC: 

[70/457/EEC] 

Sf 

88/380/EEC -  Art  5 (22) 

78/55/EEC -  A rt  5 (5) 

88/380/EEC -  A rt  5 (20) 

the  name  of  this  component  under 
which  it  has  been  offidaUy  accepted, 
with  or  without  reference  to  the  final 
variety,  accompanied,  in  the  case  of hy 
inbred  Unes  which  are  in 
brids  or 
tended  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'. 

the  words  *retested 

12.  Where  at  least  germination  has  been 
. .. 
retested, 
(month  and  year)'  and  the  service  re 
sponsible  for  such  re testing  may  be  in 
dicated.  Such  information  may be  given 
on  an  offidal  sticker  attached  to  the 
offidal  labeL 

In  accordance  with  the  procedure  laid  down 
in Article  21  (2),  Member  States  may be  re 
leased  from  the  requirement  to  indicate  the 
botanical  name  in  respea  of  individual  spe 
des  and, where  appropriate,  for  limited  pe 
riods  where  it  has been  established  that  the 
disadvantages  of  its  implementation  out 
weigh  the  advantages  expeaed  for  the  mar 
keting  of  seed. 

(b)  For commercial seed: 

69/208/EEC 

1. 

2. 

3. 

'EEC  rules  and  standards' 

'Commerdal  seed  (not  certified  as  to  vari 
ety)' 

Certification  authority  and  Member  State  or 
their  initials 

gg 

Month  and  year  of  sealing  expressed  thus: 
'sealed  ...'  (month  and year) 

78/692/EEC -  Art. 6 (5) 

5.  Reference  number  of lot 

69/208/EEC 

88/380/EEC -  Art. 5 (23) 

75/444/EEC -  Art  5 (3) 

78/55/EEC -  Art 5 (6) 

88/380/EEC -  Art 5 (24) 

6.  Species,  indicated  at  least  under  its botani 
cal  name,  which  mav  be  given  in  abridged 
form  and  without  the authorities'  names, in 
roman çharaders 

7.  Region  of  production 

8.  Dedared  net  or  gross weight 

9.  Where  weight  is  indicated  and  granulated 
pestiddes, peUeting substances, or other sol 
id  additives  are  used,  the  nature  of  the  ad 
ditive  and  also  the  approximate  ratio  be 
tween  the  weight  of  pure  seeds  and  the 
total weight. 

10.  Where  at  least  germination  has  been  re-
tested,  the  words  'retested  . ..  (month  and 
year)'  and  the  service  responsible  for  such 
retesting  may  be  indicated.  Such  informa 
tion  may be  given  on  an  offidal  sticker  at 
tached  to  the  official  labeL 

In  accordance  with  the  procedure  laid  down  in 
Artide  21  (2),  Member  States  may  be  released 
from  the  requirement  to  indicate  the  botanical 
name in respect  of  individual spedes  and, where 
appropriate,  for  limited  periods  where  it  has 
been established  that the disadvantages of its im 
plementation  outweigh  the  advantages  expeaed 
for  the marketing  of  seed. 

B.  Minimum  dimensions 

110 mm  x  67 mm. 

69/208/EEC 

S* 

ANNEX  V 

88/380/EEC -  Art. 5 (25) 

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  inspeaion  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  charac 
ters, 

—  variety,  indicated  at  least  in  roman  charaaers;  in 
the case of varieties  (inbred  lines, hybrids), which 
are  intended  soldy  as  components  for  hybrid  va 
rieties,  the  word  'component'  shaU  be  added, 

— 

category, 

— 

in  the  case  of  hybrid  varieties,  the  word  ' hybrid', 

—  field  or  lot  reference  number, 

—  dedared  net  or  gross  weight 

— 

the  words  'seed  not  finally  certified'. 

In  accordance with  the  procedure  laid  down  in  Article 
21  (2),  Member  States  may  be  released  from  the  re 
quirement  to  indicate  the  botanical  name  in  respea 
of  individual  spedes  and,  where  appropriate,  for  Um-
ited  periods  where  it  has  been  established  that  the 
disadvantages  of  its  implementation  outweigh  the  ad 
vantages  expeaed  for  the  marketing  of  seed. 

B.  Colour  of  the  label 

The  label  shaU  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  charac 
ters, 

—  variety,  indicated  at  least  in  roman  charaaers, 

— 

category, 

— 

reference  number  of  the  seed  used  to  sow  the 
field  and  name  of  the  country  or  countries  which 
certified  that  seed, 

^C 

—  field  lot  or  reference  number, 

88/380/EEC -  Art 5 (25) 

—  area  cultivated  for  the  produaion  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. 

°H 

ANNEX  VI 

Part A 

Repealed  Directives 
(referred  to  by Article  24) 

only Artide 5 

only concerning references made to Artide 1 and 2 
on the provisions of Directive 69/208/EEC 

only Artide 5 

only Artide 5 

only Artide 5 

only Artide 5 

only Artide 6 

only Artide 3 

only Artide 3 

only Artide 4 

only Article 3 and 4 

only Artide 4 

only Artide 4 

only Artide 2 

only Artide 7 

only Artide 5 

only concerning references made to Artide 2 and to 
Annex  II  (I)  (5)  on  the  provisions  of  Directive 
69/208/EEC 

Directive 69/208/EEC 
and its successive amendments 

Directive 71/162/EEC 

Direaive 72/274/EEC 

Directive 72/418/EEC 

Directive 73/438/EEC 

Directive 75/444/EEC 

Directive 78/55/EEC 

Directive 78/388/EEC 

Directive 78/692/EEC 

Directive 78/1020/EEC 

Directive 79/641/EEC 

Directive 80/304/EEC 

Directive 81/126/EEC 

Directive 82/287/EEC 

Directive 82/727/EEC 

Directive 82/859/EEC 

Directive 86/155/EEC 

Directive 87/120/EEC 

Directive 87/480/EEC 

Directive 88/332/EEC 

Directive 88/380/EEC 

Directive 90/654/1:LC 

Directive 92/9/EEC 

Directive 92/107/HEC 

«>SL 

Part  B 

Deadlines  for  transposition  into  national  law 
(referred  to  by  Article  24) 

Directive 

69/208/EEC (OJ No 169,10. 7. 1969, p. 3) 
71/162/EEC (OJ No L 87,17. 4.1971, p. 24) 

72/274/EEC (OJ No L171, 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 L196, 26. 7.1975, p. 6) 

78/55/EEC (OJ No L16,20.1.1978, p. 23) 

78/388/EEC (OJ No L113, 25.4.1978, p. 20) 

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 L183,19. 7.1979, p. 13) 
80/304/EEC (OJ No L 68,14. 3.1980, p. 33) 
81/126/EEC (OJ No L 67,12 3.1981, p. 36) 
82/287/EEC (OJ No L131,13. 5.1982, p. 24) 
82/727/EEC (OJ No L 310, 6.11.1982, p. 21) 
82/859/EEC (OJ No L 357,18.12.1982, p. 31) 
86/155/EEC (OJ No L118, 7. 5.1986, p. 23) 

87/120/EEC (OJ No L 49,18. 2.1987, p. 39) 
87/480/EEC (OJ No L 273, 26. 9.1987, p. 43) 
88/332/EEC (OJ No L151,17. 6.1988, p. 82) 
88/380/EEC (OJ No L187,16. 7.1988, p. 31) 

Deadline for transposition 

July 1970 (^ (2) 
Jury 1970 (Artide 5 (1), (2) and (7)) 
Jury 1972  (Article 5 (3)) 
July 1971 (other provisions) W 
Jury 1972 (Artide 1) 
January 1973 (Artide 2) 
Jury 1973 
Jury 1973 (Artide 5 (3)) 
January 1974 (Article 5 (4)) 
July 1974 (other provisions) 
Jury 1975 (Artide 5 (2)) 
July 1977 (other provisions) 
Jury 1978 (Artide 5 (2)) 
July 1979 (other provisions) 
January 1981 (Artide 1 (1) (3) and (2) (4)) 
July 1980 (other provisions) 
July 1977 
July 1977 
July 1980 
July 1980 
Jury 1982 
January 1983 
July 1982 
Jury 1983 
March 1986 (Artides 4 (3), (4) and (5)) 
July 1987 (other provisions) 
June 1988 
Jury 1990 

July 1992 (Artide 5 (10), (19), (23) and (25) (5> and 

also Artide 5 (12)) 

July 1990 (other provisions) 

90/654/EEC (OJ No L 353,17.12.1990, p. 48) 
92/9/EEC (OJ No L 70,17. 3.1992, p. 25) 
92/107/EEC (OJ No L16, 25.1.1993, p. 1) 

30 June 1992 
1 Jury 1994 

(1)  For  Denmark, Ireland  and  the  United  Kingdom,  1 July  1973 for  Article  14 (1);  1 July  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 1991  for Portugal. 
(3)  Concerning Annex I (3). 
(4)  Concerning Annex II (I) ( 1). 
(5)  In so far as these provisions require the botanical name of a spedes to be indicated on the label of seed. 

^ 

ANNEX  VU 

CORRELATION TABLE 

Directive  69/208/EEC 

This  Directive 

) ( A) 

) ( E) 
)(Ea) 

) ( B) 
)(Ba) 

) (Q 
) ( D) 

)(F) 
)(G) 
)(H) 

Artide 1 
Artide 17 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2  (la) 
Artide 2  (lb) 
Artide 2  (lc) 
Artide 2 (2) (b) 
Artide 2 (2) (d) 
Artide 3 
Artide 4 
Artide 5 
Artide 6 
Artide 7 
Artide 8 
Artide 9 
Artide 10 
Artide 11 
Artide 12 
Artide 12a 
Artide 13 
Artide 14 
Artide 15 (1) (a) 
Artide 15 (1)  (b) 
Artide 16 
Artide 18 
Artide 19 
Artide 20a 
Artide 20 
Artide 21 
Artide 22 

(A) 

(I) 
(J) 

(a) 
(b) 

(B) 
(C) 
(D) 
(E) 
(F) 
(G) 
(H) 

Article 1,1st subparagraph 
Article 1,2nd subparagraph 
Article 2 (1 
Artide 2 (1 
Artide 2 (1 
Artide 2 (1 
Article 2 (1 
Article 2 (1 
Artide 2 (1 
Artide 2 (1 
Article 2 (1 
Artide 2 (1 
Artide 2 (2 
Artide 2 (3 
Artide 2  (4 
Artide 2 (5 
Artide 2 (5 
Artide 3 
Article 4 
Artide 5 
Artide 6 
Artide 7 
Artide 8 
Artide9 
Artide 10 
Article 11 
Artide  12 
Artide 13 
Article 14 
Artide 15 
Artide 16 (a) 
Artide 16 (b) 
Artide 17 
Artide 18 
Artide  19 
Artide 20 
Artide 21 
Artide 22 
Artide 23 
Artide 24 
Artide 25 
Artide 26 

°5>l{ 

ANNEXI 
ANNEX  II (I) (1) 
ANNEX  II (I)  (la) 
ANNEX  II (I) (2) 
ANNEX  II (I) (3) 
ANNEX  II (IT) 
ANNEX IU 
ANNEX IV Part A  (a)(1) 
ANNEX  IV Part A (a)  (2) 
ANNEX IV Part A (a)  (3) 
ANNEX  IV Part A  (a)  (4) 
ANNEX  IV Part A (a)  (5) 
ANNEX  IV Part A  (a)  (6) 
ANNEX  IV Part A  (a)  (7) 
ANNEX  IV Part A (a)  (8) 
ANNEX IV Part A (a)  (9) 
ANNEX IV Part A (a)  (10) 
ANNEX  IV Part A  (a)  (10a) 
ANNEX  IV Part A (a)  (11) 
ANNEX IV Part A  (b) 
ANNEX IV PartB 
ANNEXV 

ANNEXI 
ANNEX  H (I)  (1) 
ANNEX  H (I)  (2) 
ANNEX n  (I)  (3) 
ANNEX  H (I)  (4) 
ANNEX  H (H) 
A N N E X in 
ANNEX  IV Part A  (a) (1) 
ANNEX IV Part A  (a) (2) 
ANNEX  IV Part A  (a) (3) 
ANNEX IV Part A (a)  (4) 
ANNEX  IV Part A  (a) (5) 
ANNEX IV Part A  (a)  (6) 
ANNEX IV Part A  (a)  (7) 
ANNEX  IV Part A  (a) (8) 
ANNEX  IV Part A  (a) (9) 
ANNEX IV Part A  (a) (10) 
ANNEX IV Part A  (a) (11) 
ANNEX IV Part A  (a)  (12) 
ANNEX  IV Part A  (b) 
ANNEX IV PartB 
ANNEXV 
ANNEX  VI 
ANNEX  Vn 

°>  V 

Proposal  for  a 
COUNCIL  DIRECTIVE 

on the  marketing  of  fodder  plant  seed 

(consolidated  version) 

<u 

EXPLANATORY  MEMORANDUM 

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  darity  and  trans 
parency. 

On  1 April  1987  the  Commission  therefore  dedded  to  instrua  its  staff  that  all  legis 
lative  measures  should  be  consoUdated  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. 

The  condusions  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  consoUdated, 
it was also suggested  that  "a jointly  acceptable  accelerated  working method  should  be 
sought  allowing  codified  Community  law  (repladng  existing legislation  without  chang 
ing  its  substance)  to  be  adopted  in  a  speedy  and  efficient  way". 

The  proposed  consoUdated  version  of  Council  Directive  66/401/EEC  of  14 June  1966 
on the marketing of fodder plant  seed forms  part  of  a  much  larger  programme  of  conso-
Udation  of  the  provisions  on  seeds  and  propagating  material  for  agriculture,  horticul 
ture  and  forestry.  It  has  been  drafted  in  accordance  with  the  fundamental  prindples 
agreed  by  Council,  ParUament  and  the  Ccmirnission  in  1974; it  aims  at  legislative con 
solidation:  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 0).  This  codified  text  will 
serve  as  the  basis  for  future  legislative  developments  in  this  field. 

Certain  provisions  of  Directive  66/401/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  finandal  impaa  for  these 
firms  if  they  were  required  to  begin  using  the  new  labels  forthwith. 

For  these  reasons, and  since  consoUdating  directives  do  not  need  to be transposed,  the 
original  provisions  being  presumed  to  have  been  transposed  within  the  time  allowed, 
it would  appear  possible  to  incorporate  this  amendment  in the  consoUdation  proposal 
as  a purely formal  adjustment 

The  Commission  wfll  accordingly  present  a  separate  proposal  for  die  amendment  of 
Directive  66/401/EEC  repladng  "EEC"  by  "EC". 

This amendment  and those already proposed  to the  Council will, foUowing adoption, be 
incorporated  in  the  consoUdation  proposal  which  should  then  be  before  the  Council. 

This  consolidation  proposal  was  drawn  up  on  the  basis  of  a preliminary  consolidation, 
in all the  offidal  languages, of  Direaive  66/401/EEC  and  the  instruments  amending  it, 
carried  out  by the  Office  for  Offidal  PubUcations  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  consoUdated  Directive. 

0)  Annex VT, part  A of this proposal. 

Proposal  for  a 

COUNCIL DIRECTIVE ../.«/EC 

of 

on  the  marketing  of  fodder  plant  seed 

95/0305  (CNS) 

THE  COUNCIL OF THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  estabUshing  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  ParUa-
ment  (l), 

Having regard  to  the  opinion  of  the  Economic  and  So 
cial Committee (*), 

1)  Whereas Council Directive 66/401/EEC of  14 June  1966 
on the marketing of  fodder  plant  seed  (3) has been  fre 
quently  and substantially  amended; whereas  for  reasons 
of  clarity  and  rationaUty  the  said  Directive  should  be 
consoUdated; 

2)  Whereas fodder  plant  production  occupies an  important 

place in the  agriculture  of the Community; 

3)  Whereas  satisfactory  results  in  fodder  plant  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 fodder  plant  seed 
to  high-quahty  seed;  whereas  they  have  been  able  to 
take  advantage  of  the  systematic  plant  selection  work 
carried  out  over  several  decades  which  has  resulted  in 
the  development  of  sufficiently  stable  and  uniform  fod 
der plant varieties which, by reason  of  their  charaaeris 
tics, promise to be of  great value  for  purposes in view; 

4)  Whereas  greater  productivity  will  be  achieved  in  Com 
munity  fodder  plant  cultivation  if  for  the  choice  of  the 
varieties  permitted  to  be  marketed  the  Member  States 
apply  uniform  rules  which  are  as  stria  as  possible; 
whereas a common catalogue  of varieties of  agricultural 
plant  spedes is therefore  provided  for  in Council Direc 
tive 95/..7EC (4); 

66/401/EEC 

71/162/EEC 

[70/457/EEC] 

(1)  OJNoC-
(2)  OJNoC... 
(3)  OJ No 125,11.7.1966, p. 2298/66; as last amended by the Act of Accession AT, FI, SE. 
(4)  See page._ of this Official Journal 

^ 

5)  Whereas  it  is,  however, justifiable  to  restria  marketing 
to certain varieties only if the user can be sure of actual 
ly obtaining  seed  of those  varieties; 

6)  Whereas  certain  Member  States  have  for  this  purpose 
been  applying certification  schemes which  are  intended, 
by offidal  verification  to  ensure  the  identity  and  purity 
of  the varieties; 

5. 

66/401/EEC 

7)  Whereas such schemes already exist at international lev 
el; whereas the Organization for  Economic Co-operation 
and Development  has estabUshed  a scheme for  the vari 
etal certification  of herbage  seed moving in international 
trade; 

8)  Whereas  it  is  desirable  to  estabUsh  a  uniform  certifica 
tion scheme for the Community based on the experience 
gained in the  appUcation of that scheme and of national 
schemes  for  this  product;  whereas  the  Community 
scheme should therefore  apply to marketing both in oth 
er  Member  States  and  on  domestic markets; 

9)  Whereas it has become  apparent, in the course of apply 
ing  this  Directive,  that  smaU  packages  of  fodder  plant 
seed  form  an  item  of  trade  within  the  Community; 
whereas  it  accordingly  seemed  necessary  to  harmonize 
this  sector; 

10)  Whereas, as a general  rule, fodder  plant seed, for  what 
ever use it is intended as grown, should be allowed to be 
marketed  only if it has been offidally  examined and cer 
tified, in  accordance  with  the  rules  for  certification,  as 
basic seed  or  certified  seed  or  if,  in  the  case  of  certain 
genera  and  species, it  has  been  offidalh/  examined  and 
approved  as commercial  seed; whereas the choice of the 
technical  terms  'basic seed'  and  'certified  seed' is based 
on  already  existing  international  terminology; whereas, 
by  way  of  derogation  however,  Community  rules  also 
permit in the case of certain spedes, certification  as 'cer 
tified seed' where the seed has been produced from pre-
basic  seed  which  has  been  subjea  to  offidal  examina 
tion; whereas the latter is not suffident  for some spedes; 
whereas  this  facility  should  be  extended  provided  that 
suffident  guarantees  are  laid  down; 

11)  Whereas  there  should  be  approval for  commerdal  seed 
in order to take into account the faa  that not all genera 
and  spedes  of  fodder  plant  of  importance  for  cropping 
have as yet produced either the desired varieties or  suffi 
dent  quantities  of  seed  of  the  existing varieties to  meet 
all the  needs  of  the  Community; whereas  it is  therefore 
necessary,  in  the  case  of  certain  genera  and  spedes,  to 
approve  fodder  plant seed which is not of a named vari 
ety,  but  which  satisfies  the  regulations  in  all  other  re 
spects; 

75/444/EEC 
(adapted) 

66/401/EEC 

78/55/EEC 
(adapted) 

10. 

66/401/EEC 

^LOJO 

12)  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  estabUshed  prindple  that  only seed  offidally  certified 
as  T?asic  seed'  or  'certified  seed'  are  permitted  to  be 
marketed; 

13)  Whereas,  in  the  case  of  fodder  plant  seed,  certain  condi 
tions  concerning  seed  testing  should  be  relaxed  for  those 
regions  of  the  Community  in  which  very  favourable  eco 
logical  conditions  ensure  compUance  with  the  relevant 
Community  standards  laid  down; 

14)  Whereas  fodder  plant  seed  which  is  not  placed  on  the 
market  should  not,  in view of  its minor  economic  impor 
tance,  be  subjea  to  Community  rules;  whereas  Member 
States  must  retain  the  right  to  make  such  seed  subjea  to 
spedal  provisions; 

15)  Whereas  Community  rules  should  not  apply  to  seed 
shown  to  be  intended  for  export  to  third  countries; 

16)  Whereas,  in  order  to  improve  not  only  the  genetic  quaU-
ty  of  Community  fodder  plant  seed  but  also  its  external 
charaaeristics,  certain  requirements  should  be  laid  down 
as  to  analytical  purity  and  germination; 

17)  Whereas,  in  order  to  ensure  the  identity  of  the  seed, 
Community  rules  on  packaging,  sampling,  seating  and 
marking  must  be  estabUshed;  whereas  to  this  end  the 
labels should  give the  particulars  needed  both  for  offidal 
verification  and  for  the  information  of  the  farmer  and 
should  dearly  show the  Community  nature  of  the  certifi 
cation  of  the  certified  seed  of  the  various  categories; 
whereas  in  the  case  of  fodder  plant  seed  provision 
should  be  made  for  the  possibiUty  of  spedal  marking 
concerning  the  presence  of Avena  fatua; 

18)  Whereas  it  should  be  ensured  that  the  suppUers'  labels 
required  under  national  provisions  are  drawn  up  in  such 
a  way  that  they  cannot  be  confused  with  the  offidal  la 
bels; 

19)  Whereas  it  seems  advisable  that,  for  the  purpose  of 
seeking  improved  alternative  solutions  to  certain  ele 
ments  of  the  certification  schemes  adopted  under  this 
Directive,  temporary  experiments  under  spedfic  condi 
tions  should  be  organized; 

20)  Whereas  certain  Member  States need  mixtures  of  fodder 
plant  seed  of  several  genera  and  spedes  for  spedal  uses; 
whereas,  in  order  to  take  these  needs  into  account, 
Member  States  should  be  authorized  to  approve  such 
rnixtures  subject  to  certain  conditions; 

79/692/EEC 

11. 

66/401/EEC 

12. 

13. 

14. 

73/438/EEC 

88/380/EEC 

(adapted) 

15. 

66/401/EEC 

A*>* 

21)  Whereas,  in  order  to  ensure  that  both  the  requirements 
as  to  the  quaUty  of  the  seed  and  the  provisions  for  en 
suring  its  identity  are  compUed  with  during  marketing, 
Member  States must make  provision  for  appropriate  ver 
ification  arrangements; 

22)  Whereas  seed  satisfying  these  requirements  should, with 
out  prejudice  to  Artide  36  of  the  Treaty,  be  subjea  to 
no  marketing  restrictions  other  than  those  provided  for 
in  Community  rules;  whereas  it  is  necessary  to  provide 
that,  in  certain  drcumstances,  bred  seed  of  generations 
prior  to  basic seed  and  plants,  admitted  for  marketing  in 
the  Member  States  and  in  accordance  with  Community 
rules,  should  no  longer  be  subjea  to  marketing  restric 
tions  between  the  Member  States; 

23)  Whereas  restrictions  include  in  particular  the  obUgation 
of  the  Member  States  to  restria  the  marketing  of  seed 
to  those varieties  allowed  by the  common  catalogue  pro 
vided  for  by  Directive  95/..JEC; 

24)  Whereas,  subjea  to certain  conditions, seed  multipUed  in 
another  country  from  basic  seed  certified  in  a  Member 
State  should  be  recognized  as  being  equivalent  to  seed 
multipUed  in  that  Member  State; 

25)  Whereas,  on  the  other  hand,  provision  should  be  made 
for  authorizing  the  marketing  within  the  Community  of 
fodder  plant  seed  harvested  in  third  countries  only  if 
such  seed  affords  the  same  assurances  as  seed  officially 
certified,  or offidally  approved  as commerdal  seed, with 
in the  Community  and  complying with  Community  rules; 

26)  Whereas,  during periods  in which  there  are  difficulties  in 
obtaining suppUes of certified  seed  of the various  catego 
ries,  seed  of  an  inferior  quatity  should  temporarily  be 
permitted  to be marketed,  and  also seeds  of varieties  not 
induded  either  in  the  common  catalogue  or  in  the  na 
tional  catalogue  of  varieties; 

27)  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'; 

72/418/EEC 

66/401/EEC 
(adapted) 

[70/457/EEC] 

16. 

17. 

+ 
2. 

18. 

19. 

20. 

21. 
+ 

72/418/EEC 

22. 

66/401/EEC 

y U )l 

23. 

(adapted) 

28)  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  Artide  2  (II)  of 
Council  Dedsion  87/373/EEC  (l); 

29)  Whereas  this Directive  must  not  affea  the  obUgations  of 
the  Member  States  concerning  the  deadlines  for  trans 
position  of  the  Directives  set  out  in  Annex  VI,  part  B, 

HAS  ADOPTED  THIS  DIRECTIVE: 

( 1 )  OJ No L197,18.7.1987, p. 33. 

-Ajcr$ 

Article  18 

Article  1 

This  Directive  shaU  apply  to  fodder  plant  seed  marketed 
within  the  Community,  irrespective  of  the  use  for  which 
the  seed  as  grown  is  intended. 

66/401/EEC 

It  shaU not  apply  to  fodder  plant  seed  shown  to  be  inten 
ded  for  export  to  third  countries. 

Article  2 

L,  For  the  purposes  of  this  Direaive, 

69/63/EEC-  Art. 3(1) 

A. 

"Fodder  plants" means  plants  of  the  foUowing  genera 
and  spedes: 

(a)  Gramineae 

Grasses 

Agrostis  canina  L 

Velvet  bent 

179/641/EEC -  A rt  1(1) 

Agrostis gigantea  Roth  Redtop 

71/162/EEC -  A rt  2(1) 

Agrostis  stolonifera  L.  Creeping  bent  grass 

Agrostis  capillaris L 

Brown  top 

87/120/EEC -  A rt  2(1) 

Alopecurus  pratensis  L  Meadow  foxtail 

66/401/EEC 

Arrhenatherum  elatius  TaU  oatgrass 
(L)  P.  Bcayy, CT J.S 
and K.B  Prcsl 

79/641/EEC-Art.  1(1)  -  87/120/EEC-Art  2(1) 

Bromus  catharticus 
Vahl 
Bromus  sitchensis  Trin.  Alaska  brome-grass 

Rescue  grass 

88/380/EEC -  Art  2(1) 

Cynodon  dactylon  (L.)  Bermuda  grass 
Pers. 

86/155/EEC -  Art.  1(1) 

Cocksfoot 
TaU  fescue 

Dactylis glomerata  L 
Festuca arundinacea 
ScJnei2ex 
Sheep's  fescue 
Festuca  ovina  L, 
Festuca pratensis  Hud-  Meadow  fescue 
son 
Festuca  rubra  L 

Red  fescue 

66/401/EEC 
87/120/EEC -  Art. 2(1) 

87/120/EEC -  Art. 2(1) 

Lolium  multiflorum 
Lam. 
Lolium  perenne  L 
Lolium  X  bçuçheq-
num  Kupth 

Italian  ryegrass  (including 
Westerwold  ryegrass) 
Perennial  ryegrass 
Hybrid  ryegrass 

71/162/EEC -  Art. 2(2) 

87/120/EEC -  Art. 2(1) 

Phalaris  aquatica  L. 

Harding  grass,  Phalaris 

j 86/155/EEC -  A rt  1(1) 

/JOLi 

Phleum  bertolonn  DC  Timothy 

| 79/641/EEC-  Art.  1(1) 

Phleum  pratense  L 

Timothy 

I 66/401/EEC 

Poa  annua  L 

Annual  meadowgrass 

71/162/EEC -  Art  2(3) 

Poa nemoralis  L. 

Wood  meadowgrass 

Poa palustris  L. 

Poa pratensis  L 

Poa  trivialis  L 

Swamp  meadowgrass 

Smooth-stalk  meadowgrass 

Rough-stalk  meadowgrass 

Trisetum flavescens 
(L.)  P.  Beauv. 

Golden  oatgrass 

79/641/EEC-Art  1(1)  -  87/120/EEC-Art  2(1] 

92/19/EEC -  A rt  1(1) 

This  definition  shaïï  also  cover  the  foUowing  hy 
brid  resulting  from  the  crossing  of  spedes  re 
ferred  to  above. 

Festuca pratensis 
Huds.  X  Lolium  mul-
tiflorum  Lam. 

Hybrid  resulting  from  the 
crossing  of  taU  fescue  with 
ItaUan  ryegrass  (including 
Westerworld  ryegrass)  (x 
Festulolium) 

(b)  Leguminosae 

Legumes 

69/63/EEC -  A rt  3(2) 

Hedysarum  coronarium  SuUa 
L 
Lotm  comiculatm  L 

Birdsfoot  trefoil 

Lupinus  albus  L. 
Lupinus  angustifolius 
L 
Lupinus  luteus  L 

White  lupin 
Blue  lupin 

YeUow  lupin 

71/162/EEC -  A rt  2(4) 

Medicago  lupulina  L. 

Black  medick 

69/63/EEC -  Art  3(2) 

Medicago  sativa  L. 

Lucerne 

Medicago  X  varia  T. 
Martyn. 

Lucerne 

Sainfoin 

Onobrychis  vicufolia 
Scop. 
Pisum  sativum  L.  (par-  Field  pea 
tim) 

79/641/EEC-Art  1(2) -  87/120/EEC-Art  2(1)-

Trifolium alexandrinum 
L. 
Trifokum  hybridum  L 

Trifolium  incamatum 
L. 
Trifolium pratense  L 

Berseem,  Egyptian  dover 

69/63/EEC -  Act  3(2) 

Alsike  clover 

Crimson  clover 

Red  dover 

Trifolium  repens  L 

White  clover 

Trifokum  resupinatum 

Persian  clover 

A&Ç 

Trigonella foenum- 
graecum  L. 

Fenugreek 

79/641/EEC -  A rt  1(2) 

Vicia faba  L  (panim)  Field  beans 

79/641/EEC -  A rt  1(3) 

Vicia  pannonica 
Crantz 

Vicia sativa  L 

Hungarian  vetch 

71/162/EEC -  Art  2(5) 

Common  vetch 

Vicia villosa  Roth 

Hairy  vetch 

(c)  Other species 

Brassica  napm  L.  var.  Swede 
napobrassica CL.) 
Bchk 
Brassica  oleracea  L. 
convar.  acephala 
CDC.Ï Met  var.  me-
dulhsa  Theli  +  var, 
variais  L 

Fodder  kale 

69/63/EEC -  A rt  3(3) 

87A20/EEC -  A rt  2(1) 

87A20/EEC -  A rt  2(1) 

Phacelia  tanacetifolia 
Benth. 

California  bluebefl 

88/380/EEC -  A rt  2(1) 

Rpphanus  sqfivm  L, 
var.  oleiformis  Pers 

Fodder  radish. 

69/63/EEC -  Art 3(3)  -  87A20/EEC -  Art. 2(1) 

B. 

'Basic  Seed': 

66/401/EEC 

1. 

'Seed  of  bred  varieties'  means  seed 

(a)  which  has  been  produced  under  the  respon-
sibiUty  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,  subjea  to  the  provisions  of  Artide  4, 
satisfies  the  conditions  laid  down  in  An 
nexes  I  and  II  for  basic  seed;  and 

(d)  which  has  been  found  by  offidal  examina 
tion  to  satisfy  the  abovementioned  condi 
tions; 

2. 

'Seed  of  local  varieties'  means  seed 

(a)  which has been  produced  under  official  con 
trol  from  material  offidaUy  accepted  as  be 
ing  of  the  local  variety  on  one  or  more 
holdings  situated  within  a  dearly  demar 
cated  region  of  origin; 

(b)  which is intended  for  the  production  of  seed 

of  the  category  'certified  seed'; 

AO6 

66/401/EEC  -  IV 

8. 11.  1995 

(c)  which,  subjea  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  examina 
tion  to  satisfy  the  abovementioned  condi 
tions; 

C. 

'Certified  seed'  means  seed 

66/401/EEC 

(a)  which  has been  produced  direary  from  basic 
seed  or  certified  seed,  or,  if  the  breeder  so 
requests,  from  seed  of  a generation  prior  to 
basic  seed  which  has  been  found  by  offidal 
examination  to  satisfy  the  conditions  laid 
down  in  Annexes  I  and  II  for  basic  seed; 

69/63/EEC  -  Art. 3(4) 
Special Edition, p. 30 

Corrigendum, EngUsh 

(b)  which  is intended  for  the production  of  seed 
of  the  category  'certified  seed'  or  of  plants; 

66/401/EEC 

(c)  which,  subjea  to  the  provisions  of  point  (b) 
of  Artide  4,  satisfies  the  conditions  laid 
down  in Annexes  I  and  II  for  certified  seed; 
and 

(d)  which  has  been  found  by  offidal  examina 
tion  to  satisfy  the  abovementioned  condi 
tions; 

D. 

'Commerdal  seed'  means  seed 

(a)  which  is  identifiable  as  belonging  to  a  spe 

des 

(b)  which, subjea  to  the  provisions  of  Article  4 
(b),  satisfies  the  conditions laid  down  in An 
nex  II  for  commercial  seed;  and 

(c)  which  has  been  found  by  offidal  examina 
tion  to  satisfy  the  abovementioned  condi 
tions. 

E. 

'Official  measures'  means  measures  taken 

(a)  by  State  authorities,  or 

(b)  by  any  legal  person  whether  governed  by 
pubUc  or  by  private  law,  acting  under  the 
responsibility  of  the  State,  or 

(c) 

in  the  case  of  anciUary  activities  which  are 
also  subjea  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  mea 
sures; 

AOf 

75/444/EEC -  Art  2(1) 

F. 

G. 

'Small  EEC  A  packages'  means  packages  con 
taining  a  mixture  of  seeds  not  intended  for  the 
production  of  fodder  plants,  with  a  net  weight 
not exceeding 2 kg exduding, where appropriate, 
granulated pestiddes, pelleting substances or oth 
er  solid  additives; 

'Small  EEC  B  packages'  means  packages  con 
taining  certified  seed,  commerdal  seed  or  — if 
the  packages  concerned  are  not  small  EEC  A 
packages — a mixture of seeds with a net weight 
not  exceeding  10 kg  exduding, where  appropri 
ate, granulated pestiddes, pelleting substances or 
other  solid  additives. 

Amendments  to  be  made  to  the  list  of  species re 
2. 
ferred  to  in  point  A  of  paragraph  1  in  the  light  of  the 
development  of  sdentific  or  technical knowledge  concern 
ing  the  names  and  hybrids resulting  from  the  crossing of 
spedes covered by this Directive shall be adopted in accor 
dance with  the procedure  laid  down  in Article  25 (2). 

78/55/EEC -  Art  2(1) 

88/380/EEC -  Art  2(2) 

3. 
The  different  types  of  varieties,  including  the  com 
ponents, eligible for  certification  under  this Directive may 
be specified  and defined  in accordance with the procedure 
laid  down  in Artide  25 (2). 

88/380/EEC -  Art 2(4) 

78/55/EEC-Art 2(1) -  88/380/EEC-Art  2(3) 

Member  States  may  be  authorized  in  accordance 
4 
with  the  procedure  laid  down  in Artide  25 (2)  to  permit, 
by way of  derogation  from  point  C  (a) of  paragraph  1, to 
be  certified  as  certified  seed  seeds  of  serf-pollinating  or 
apomictic spedes which have been entered for  certification 
as basic seed  and which have been  produced  directly  from 
a  generation  prior  to  basic  seed  but  which  has  not  been 
officially  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  offidally  and  carried  out  at 
the  latest  during  the  growing season  of  the  entered  seeds 
shows  that  the  seeds  from  the  previous  generation  have 
met  the requirements  for  basic seed  in respea  of  varietal 
identity and purity. In this case the breeder shall, when the 
samples are taken, state the  total  area which has been un 
der  produaion  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  25 (2). 

AJD^ 

Member  States  shaU  require  that  the  offidal  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 
dal labels also be marked: 'intended for further  multipUca-
tion onr/. 

5j,  Member States may be authorized, in accordance with 
the  procedure  laid  down  in Artide  25 (2), not  to  apply  in 
respea  of  the  production  of  a  given  Member  State  the 
condition  contained  in  Annex  n,  section  L point  2,  para 
graph B (1) for  one  or  more of the  spedes concerned, if it 
can  be  assumed  from  ecological  conditions  and  previous 
experience  that  the  standards  laid  down in Annex  IL sec 
tion L point  2, column  13 of the table  are  being compUed 
with. 

6.  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 
pint  C  of  paragraph  1, certify  as  certified  seed  seed  pro 
duced  directly  from  seed  officiaUy  verified  in  a  Member 
State  under  the  scheme  in  operation  at  that  time  and 
which affords  the  same  assurances as seed  certified  as ba 
sic seed  or certified  seed  in accordance with the  prindples 
of this Directive. 

Article 3 

78/55/EEC -  Art  2(1) 

79/692/EEC -  Art. 1 -  88/380/EEC -  Art  2(3) 

69/63/EEC -  Art 3(5) 

Corrigendum, English Special Edition, p. 30 

1.  Without  prejudice  to  the  provisions  of  Directive 
95/.. ./EC, Member  States shaU provide  that  seed  of: 

69/63/EEC -  Art 4 
[70/457/EEC] 

Brassica  napus L  var. naprobrassica  (L)  Rchb. 

87/120/EEC -  Art 2(2) 

Brassica  oleracea  L  convar. acephala  (DC)  Alef. var. me-
dullosa  TheU. +  var. viridis  L 

Dactylis glomerata  L. 

69/63/EEC -Ait.  4 

Festuca arundinacea  Schreber 

Festuca pratensis  Hudson 

87/120/EEC -  Art  2(2) 

Festuca  rubra  L.  x  Festulotium 

69/63/EEC -  Art 4 -  92/19/EEC -  Art  1(2) 

Lolium multiflorum  Lam. 

Lolium perenne L 

71A62/EEC -  Art  2(6) 

Lolium  x  boucheanum  Kunth 

87/120/EEC -  Art  2(2) 

Phleum pratense L 

Medicago sativa L 

69/63/EEC -  Art. 4 

^Lo? 

Medicago  x  varia  T.  Martyn 

87A20/EEC -  A rt  2(2) 

Pisum  sativum  L 

79/641/EEC -  A rt  1(4) 

Raphanus  sativus  L  var.  oleiformis  Pers. 

87A20/EEC -  A rt  2(2) 

Trifolium repens  L 

Trifolium pratense  L 

69/63/EEC -  A rt  4 

66/401/EEC 

Corrigendum, English Special Edition, p. 30 

may  not  be  placed  on  the  market  unless  it  has  been  offi-
daUy  certified  as  'basic  seed'  or  'certified  seed'  and  unless 
it  satisfies  the  conditions  laid  down  in  Annex  H 

2.  Member  States  shaU provide  that  fodder  plant  seed  of 
genera  and  spedes  other  than  those  Usted  in  paragraph  1 
may  not  be  placed  on  the  market  unless  the  seed  has  been 
officially  certified  as  *basic  seed'  or  'certified  seed',  or  is 
commerdal  seed,  and  unless  the  seed  also  satisfies  the 
conditions  laid  down  in  Annex  IL 

3.  The  Commission  may,  in  accordance  with  the  pro 
cedure  laid  down  in  Artide  25  (2),  provide  that  after  spe 
cified  dates  seed  of  genera  and  species of fodder  plant  oth 
er  than  those  Usted  in  paragraph  1 may  not  be  placed  on 
the  market  unless  it  has  been  offidally  certified  as  *basic 
seed'  or  'certified  seed'. 

4.  Member  States  shall  ensure  that  the  offidal  examina 
tions  are  carried  out  in  accordance  with  current  interna 
tional  methods,  insofar  as  such  methods  exist 

5.  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  sdentific  purposes; 

(c) 

for  selection  work; 

(d)  for  seed  as  grown,  marketed  for  processing,  provided 

that  the  identity  of  the  seed  is  ensured. 

Article  4 

Member  States  may,  however,  by  way  of  derogation  from 
the  provisions  of  Artide  3: 

(a)  authorize  the  official  certification  and  marketing  of 
basic  seed  which  does  not  satisfy  the  conditions  laid 
down  in Annex  II  in  respea  of  gennination;  a  similar 
derogation  may  also  be  granted  in  respea  of  certified 
seed  of  Trifolium pratense  where  such  seed  is  intended 
for  the  further  production  of  other  certified  seed. 

In  such  cases, aU necessary  measures  shaU be  taken  to 
ensure  that  the  suppUer  guarantees  a  specific  ger 
mination  which  he  shaU  state  for  marketing  purposes 
on  a  special  label  bearing  his  name  and  address  and 
the  reference  number  of  the  seed  lot; 

^iAo 

66/401/EEC 

(b) 

in  order to  make  seed  rapidly  available,  notwithstand 
ing  the  faa  that  official  examination  to  check  com 
pliance  with  the  conditions  laid  down  in  Annex  II  in 
respea  of germination has not been conduded, autho 
rize  the  official  certification  or  approval  and  market 
ing as far  as the first buyer  by way of  trade  of  seed  of 
the categories 'basic seed', 'certified  seed' or 'commer 
dal  seed'.  Certification  or  approval  shaU  be  granted 
only  on  presentation  of  a provisional  analytical  report 
on  the  seed  and  provided  that  the  name  and  address 
of  the first recipient  are  given; aU necessary  measures 
shaU  be  taken  to  ensure  that  the  suppUer  guarantees 
the  germination  ascertained  at  the  provisional  analy 
sis; this germination  shall be stated for marketing pur 
poses on  a spedal  label  bearing the  name and  address 
of  the  supplier  and  the  reference  number  of  the  lot 

These  provisions  shaU  not  apply  to  seed  imported  from 
third  countries, save  as otherwise  provided  in Article  15 in 
respea  of  multipUcation  outside  the  Community. 

Article  5 

Member States may, as regards the conditions laid down in 
Annexes  I  and  H, impose  additional  or  more  stringent  re 
quirements  for  the  certification  and  examination  of  com 
merdal  seed  produced  in  their  own  territory. 

Article  6 

Member  States  shaU  provide  that  the  description  of  the 
genealogical  components  which  may  be  required  is,  if  the 
breeder  so  requests,  treated  as  confidential. 

71/162/EEC -  Art  2(7) 

Article  7 

1.  Member  States  shall  require  that,  for  the  checking  of 
varieties, the  examination  of  seed  for  certification  and  the 
examination  of  commerdal  seed,  samples  are  drawn  offi-
daUy  in  accordance  with  appropriate  methods. 

2.  For  the  examination  of  seed  for  certification  and  the 
examination  of  commerdal  seed,  samples  shaU  be  drawn 
from  homogeneous  lots;  the  maximum  weight  of  a lot  and 
the  minimum  weight  of  a  sample  are  given  in Annex  HI. 

Article  8 

1.  Member  States  shaU require  that  basic  seed,  certified 
seed  and  commercial  seed  be marketed  only  in  sufficiently 
homogeneous  lois  and  in  sealed  packages  bearing,  as  pre 
scribed  in  Article  9f  10  or  l lf  whichever  is  appropriate,  a 
seaUng  system  and  markings. 

2.  Member  States  may, for  the  marketing of  smaU quan 
tities  to  the  final  consumer,  provide  for  derogations  from 
the provisions of  paragraph  1 in respea  of  packaging, seal 
ing  and  marking. 

66/401/EEC 

69/63/EEC -  Art. 5 -  Corrigendum, English 
Spedal Edition, p. 16 
75/444/EEC -  Art  2(2) 

API 

78/692/EEC -  A rt  2(1) 

Article  9 

1.  Member  States  shaU  require  that  packages  of  basic 
seed,  certified  seed  and  commercial  seed,  except  where 
seed  of  the  two  latter  categories  takes  the  form  of  smaU 
EEC  B  packages,  be  sealed  offidaUy  or  under  offidal  su 
pervision  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  10  (1)  or  the  package. 

In  order  to  ensure  sealing,  the  sealing  system  shaU  com 
prise  at  least  either  the  offidal  label  or  the  affixing  of  an 
official  seal. 

The  measures  provided  for  in  the  second  subparagraph 
shaU not  be  necessary  where  a  non-reusable  sealing  system 
is  used. 

In  accordance  with  the  procedure  laid  down  in  Artide 
25 (2),  it  may  be  estabUshed  whether  a  particular  sealing 
system  comphes  with  the  provisions  of  this  paragraph. 

2.  Member  States  shaU  require  that,  except  in  the  case 
of  smaU  EEC  B  packages,  packages  shaU  not  be  resealed 
on  one  or  more  occasions  unless  this  is  done  offidaUy  oi 
under  offidal  supervision.  If packages  are  resealed, the  faa 
of  resealing,  the  date  of  resealing  and  the  authority  re 
sponsible  therefor  shaU  be  stated  on  the  label  required  un 
der  Artide  10  (1). 

75/444/EEC -  A rt  2(3) 

78/692/EEC -  A rt  2(2) 

78/692/EEC -  A rt  2(3) 

3.  Member  States  shaU  require  that  smaU  EEC  B  pack 
ages  be  sealed  in  such  a  manner  that  they  cannot  be 
opened  without  damaging  the  sealing  system  or  leaving 
evidence  of  tampering  on  the  label  or  package.  In  accor 
dance  with  the  procedure  laid  down  in  Article  25  (2),  it 
may  be  estabUshed  whether  a  particular  sealing  system 
compUes  with  the  provisions  of  this  paragraph.  Packages 
shaU  not  be  resealed  on  one  or  more  occasions  except  un 
der  official  supervision. 

4.  Member  States  may  provide  for  exceptions  to  para 
graphs  1 and  2 in  the  case  of  small  packages  of  basic  seed. 

75/444/EEC -  A rt  2(3) 

Article  10 

1.  Member  States  shall  require  that  packages  of  basic 
seed,  certified  seed  and  commerdal  seed,  except  where 
seed  of  the  last  two  categories  takes  the  form  of  smafl 
EEC  B  packages: 

78/55/EEC -  A rt  2(2) 

yiA^ 

78/55/EEC -  Art  2(2) 

(a)  be  labeUed  on  the  outside  with  an  offidal  label  which 
the 
has  not  previously  been  used,  which  satisfies 
conditions  laid  down  in  Annex  IV  (A)  and  on  which 
the  information  is  given  in  one  of  the  offidal  lan 
guages  of  the  Community.  The  colour  of  the  label 
shaU be white  for  basic seed, blue  for  certified  seed  of 
the  first  generation  after  basic  seed,  red  for  certified 
seed  of  subsequent  generations  and  brown  for  com 
merdal  seed.  When  a  label  with  a  string-hole  is  used, 
its  attachment  shaU  be  ensured  in  aU  cases  with  an 
offidal  seaL  If,  in  cases  under  point  (a)  of  Artide  4, 
the  basic  seed  or  certified  seed  does  not  satisfy  the 
conditions  laid  down  in  Annex  II  in  respea  of  ger 
mination,  this  faa  shaU  be  stated  on  the  label.  The 
use  of  offidal  adhesive  labels  shaU  be  authorized.  In 
accordance  with  the  procedure  laid  down  in  Article 
25 (2), the  indehble  printing  under  offidal  supervision 
of  the  prescribed  information  on  the  package  accord 
ing  to  the  label's  model  may  be  authorized; 

(b)  contain  an  official  document,  in  the  same  colour  as 
the  label,  giving  at  least  the  infomation  required  un 
der  Annex  IV  (A)  (I)  (a)  (3),  (5)  and  (6)  and,  in  the 
case  of  commerdal  seed,  under  (b)  (2),  (4)  and  (6). 
This  document  shaU  be  drawn  up  in  such  a  manner 
that  it  cannot  be  confused  with  the  offidal  label  re 
ferred  to  under  (a). This  document  is not  necessary  if 
the  information  is printed  indeUbly  on  the  package  co 
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  smaU  packages  of  basic  seed  where 
they  are  marked:  'passed  for  marketing  in:  .  .  .  (Member 
State  concerned)  onry\ 

Article  11 

Article 10a 

1.  Member  States  shaU  require  that  smaU EEC  B  pack 
ages: 

75/444/EEC -  A rt  2(6) 

(a)  bear  on  the  outside  in  accordance  with  Annex  IV  (B) 
a  suppUer's label,  a  printed  notice  or  stamp  in  one  of 
the  offidal  languages  of  the  Community;  in  the  case 
of  transparent  packages  this  label  may  be  placed  in 
side,  provided  it  can  be  read  through  the  package;  as 
regards the  colour  of  the  label, Article  10 (1)  (a)  shaU 
apply; 

A  AI 

75/444/EEC -  Art 2(6) 

(b)  bear  on  the  outside  or  on  the  suppUer's  label  pro 
vided  for  in  point  (a)  an  officially  assigned  serial 
number; should  an offidal  adhesive label be used, Ar 
ticle 10 (1)  (a)  shaU  apply  as  regards  its  colour,  the 
methods  of  attaching  the  said  serial  number  may  be 
fixed  in accordance with the  procedure  laid  down un 
der  Artide  25 (2). 

2.  Member  States  may  require  that  an  offidal  adhesive 
label containing  part  of  the  information  prescribed  in An 
nex IV (B) is used for  the  marking of smaU EEC B pack 
ages packed in their territory; insofar  as the information  is 
given on such label, the  marking provided for  in point  (a) 
of paragraph  1 shaU not  be  required. 

Article  12 

Member States may provide that, on request, smaU EEC B 
packages of certified  seed  and commerdal  seed  are  sealed 
and  marked  offidally  or under  offidal  supervision  accord 
ing to Articles 9 (1) and 10. 

78/55/EEC -  Art. 2(3) 

Article  13 

Member States shaU take afl measures necessary to  ensure 
that, in the  case of  smaU packages of  seed, the  identity of 
the  seed  can  be  checked,  in  particular  at  the  time  when 
seed lots are divided up. To this end they may require  that 
smaU packages divided up in their territory shall be sealed 
offidaUy  or  under  offidal  supervision. 

Article 10b 

Article 10c 

Article  14 

Article U 

L  This  Directive  shaU  not  affea  the  right  of  Member 
States to  require  that,  in  cases other  than  those  provided 
for by this Directive, packages of basic seed, certified  seed 
or  commerdal  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  a  suppUer's  label 
or that seed lots complying with the spedal conditions con 
cerning  the  presence  of Avena fatua laid  down  according 
to  the  procedure  provided  for  in  Article  25  (2\  must  be 
accompanied  bv an offidal  certificate  attesting compUance 
with these  conditions. 

66/401/EEC -  88/380/EEC -  Art  2(5) 

75/444/EEC -  Art 2(7) -  Corrigendum, English 
Special Edition, p. 16 

73/438/EEC -  Art 2(3) 

2.  The  label  referred  to  in  paragraph  1 shaU  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 2(6) 

Article  15 

AJMSJI 

Member  States  shaU require  that  any chemical  treatment 
of  basic seed, certified  seed  or  commerdal  seed  be  noted 
either  on  the  official  label  or  on  the  suppUer's  label  and 
on the package  or  inside  it. 

66/401/EEC 

Corrigendum, English Spedal Edition, p. 16 

si/Uj 

Article  16 

Article 13 

75/444/EEC -  A rt  2(8) 

1.  Member  States shaU  require  that  fodder  plant  seed  in 
the  form  of  mixtures  of  seed  of  various  genera,  spedes  or 
varieties  or  of  mixtures containing  seed  of  plants which  are 
not  fodder  plants within  the  meaning  of  this  Directive  may 
be  marketed  only  if  they  are  not  intended  for  the  produc 
tion  of  fodder  plants  and  if  the  various  components  of  the 
mixture  compUed, before  mixing, with  the  marketing  regu 
lations  appUcable  to  them. 

2.  Notwithstanding  paragraph  1,  Member  States  may 
also  authorize  the  marketing  of  fodder  plant  seed  in  the 
form  of  mixtures: 

— 

— 

if  such  mixtures  are  intended  for  the  production  of 
fodder  plants,  or 

if  these  mixtures  contain  seed  of  plant  spedes  for 
which  Community  provisions do  not  provide  that  they 
may  be  mixed  with  seed  of  fodder  plants. 

3.  Artides  8,  9,  12,  14  and  15  shaU  apply,  and,  provid 
ing,  however,  the  label  is  green  in  colour,  Artides  10  and 
11.  For  this  purpose,  smaU  EEC  A  packages  shaU  be  con 
sidered  smaU  EEC  B  packages. 

However,  for  smaU  EEC  A  packages,  the  offidaUy  as 
signed  serial  number  provided  for  in  paragraph  1  (b)  of 
Artide  11  shaU  not  be  required. 

In  applying  paragraph  2,  Member  States  may  authorize 
derogations  from  this  Directive  for  smaU  packages  as  re 
gards  maximum  quantities  and  the  information  to  be  pro 
vided  when  marking,  if  such  packages  are  marked:  Tassed 
for  marketing  in  .  .  .  (Member  State  concerned)  onry\ 

Article  17 

Article 13a 

88/380/EEC -  Art  2(7) 

For  the purpose  of seeking improved  alternatives  to  certain 
elements  of  the  certification  scheme  adopted  under  this 
Directive,  it  may be  dedded  to  organize  temporary  experi 
ments under  specified  conditions at Community level in  ac 
cordance  with  the  procedure  laid  down  in  Artide  25  (2). 

In the  framework  of  such  experiments,  Member  States  may 
be  released  from  certain  obUgations  laid  down  in  this  Di 
rective.  The  extent  of  that  release  shall  be  defined  with 
reference  to  the  provisions  to  which  it  appUes.  The  dura 
tion  of  an  experiment  shaU  not  exceed  seven  years. 

./HÇ 

1.  Member  States  shaU ensure  that 

75/444/EEC -  Art  2(9) 

Article  18 

Article 14 

—  basic seed and certified  seed which has been  officiaUy 
certified  and the packaging of which has been marked 
and sealed offidally  or under  offidal  supervision, pur-
suant  to  this Directive, 

—  commercial  seed which has been  offidally  tested  and 
the  packaging  of  which  has  been  marked  and  sealed 
officially  or under official  supervision, pursuant to this 
Directive, 

—  certified  seed  which  has  been  officiaUy  certified  and 
officially  tested  commercial  seed which take the form 
of  smaU  EEC  B  packages  which  have  been  marked 
and  sealed  pursuant  to  this Directive, 

—  seed  in the form  of mixtures, produced  in accordance 
with  this Directive  and  not  intended  for  the produc 
tion  of  fodder  plants,  whose  packaging  has  been 
marked  and  sealed  pursuant  to  this Directive, 

is not  subjea  to  any  marketing  restrictions  as  regards  its 
characteristics,  examination  requirements,  marking  and 
sealing other  than  those laid  down  in this Directive. 

2. 
The  Commission,  in  accordance  with  the  procedure 
provided  for  in  Article  25  (2), shaU for  the  marketing  of 
forage  crop  seeds  authorize,  in  respect  of  the  whole  or 
parts of the territory  of  one or more Member States, pro 
visions which  are more  stria  than  those  laid  down  in An 
nex  II  concerning  the  presence  of  Avena fatua  in  those 
seeds, if similar provisions are appUed to the home produc 
tion of those seeds and if there  is a campaign to eradicate 
Avena fatua  from  forage  crops  grown  in  the  region  in 
question. 

78/55/EEC -  Art  2(4) 

78/55/EEC -  Art  2(4) 

Act of Accession DA, IRL, UK -  Art  29 

3.  Member  States may: 

66/401/EEC 

(a)  in so far  as measures taken by the Commission under 
Artide  3 (3) have not entered  into force, provide that 
after  specified  dates  seed  of  genera  and  species  of 
fodder  plant  other  than  those  listed  in Article  3  (1) 
may  not  be  placed  on  the  market  unless it  has been 
officiaUy  certified  as *basic seed'  or  'certified  seed'; 

(b)  adopt  provisions  concerning  the  maximum  moisture 

content  accepted  for  marketing; 

(c)  restria the marketing of certified  fodder  plant seed to 

that  of  the first generation  after  basic seed; 

Ai  6 

4.  Member  States  which  have  provided  for  exemptions 
in accordance  with the  provisions of  point  (a) of  Article  3 
(5) shaU ensure that  bred  seed  of generations  prior  to  ba 
sic seed are subjea  to no marketing restrictions on account 
of their charaaeristics. examination arrangements, marking 
and seating, 

(a)  if it has been offidaUy  checked  by the  competent cer 
tification authority, in  accordance  with  the  provisions 
appUcable  for  the  certification  of  basic seed, 

(b)  if  it  is  packed  in  accordance  with  the  provisions  of 

this direaive, and 

72/418/EEC -  Art  2(3) 

Corrigendum, English Spedal Edition, p. 106 

Corrigendum, EngUsh Special Edition, p. 106 

(c)  if its packages bear  an official  label giving at least the 

Corrigendum, English Spedal Edition, p. 106 

foUowing particulars: 

—  certification  authority and Member State or their 

distinguishing  abbreviation 

— 

lot, reference  number 

Corrigendum, EngUsh Spedal Edition, p. 106 

month  and year  of seating, 

78/692/EEC -  Art 2(4) 

or 

month  and year  of  the  last  offidal  sampling  for 
the  purposes  of  certification 

spedes,  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  charaaers, 

88/380/EEC -  Art  2(8) 

— 

the  description  'pre-basic seed' 

72/418/EEC -  Art  2(3) 

—  number  of  generations  preceding  seed  of  the 

Corrigendum, EngUsh Special Edition, p. 106 

category 'certified  seed'  of the first generation. 

The label shaU be white with a diagonal violet Une. 

Corrigendum, English Special Edition, p. 106 

In  accordance  with  the  procedure  laid  down  in  Article 
25 (2), Member  States  may be  released  from  the  require 
ment to indicate the botanical name in respea of individu 
al  spedes  and,  where  appropriate,  for  limited  periods 
where it has been  estabUshed that  the  disadvantages of  its 
implementation  outweigh  the  advantages  expected  for  the 
marketing  of seed. 

88/380/EEC -  Art  2(9) 

A^T-

88/380/EEC -  Art 2(10) 

Article 15 

[70/457/EEC] 

Article  19 
1.  The  Member  States  shah  provide  that  fodder  plant 
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  (b) of Article  20, or 
which has been produced directly from the crossing of 
basic seed  officially  certified  in  a  Member  State  with 
basic  seed  offidaUy  certified  in such  a  third  country, 
and 

—  which  has been  harvested  in another  Member State, 

shaU, on request and without prejudice  to the provisions of 
Directive  95/.. TEC, be  offidally  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  certifica 
tion  as  basic  seed,  if  the  conditions  laid  down  for  that 
category are  satisfied. 

2.  Fodder  plant  seed  which  has  been  harvested  in 
another Member State, and which is intended for  certifica 
tion  in  accordance  with  the  provisions  laid  down in  para 
graph  1, shaU: 

—  be packed and labeUed with an official  label  satisfying 
the  conditions laid down in Annex V  (A) and  (B), in 
acordance  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). 

3.  Member  States  shaU  also  provide  that  fodder  plant 
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  (b) of Artide  20, or 
which has been produced directly from the crossing of 
basic seed  officiaUy  certified  in  a  Member  State  with 
basic  seed  offidaUy  certified  in such  a  third  country, 
and 

—  which  has been  harvested  in a third  country, 

AA% 

88/380/EEC -  Art  2(10) 

shall, on  request  be offidally  certified  as certified  seed  in 
any of  those Member States where the basic seed  or certi 
fied seed referred  to above was either produced  or  offidal 
ly certified, if the seed has undergone field  inspection satis 
fying  the  conditions  laid  down  in  an  equivalence  dedsion 
made under Article 20 (a) for  the relevant  category,  and if 
official  examination  has  shown  that  the  conditions  laid 
down in Annex II for  the same category are satisfied.  Oth 
er  Member  States  may  also  authorize  offidal  certification 
of  such seed. 

Article  20 

Article 16 

1.  The  Council,  acting by a qualified  majority  on  a pro 
posal from the  Commission,  shall  daermine  whether 

66/401/EEC 

(a)  in  the  case  provided  for  in  Artide  19,  the  field  in 
spections  in  the  third  country  satisfy  the  conditions 
laid  down  in Annex  I; 

(b)  beet  seed  harvested  in  a  third  country  and  affording 
the  same assurances  as regards  its charaaeristics  and 
the  arrangements  for  its examination, for  ensuring  its 
identity,  for  marking  and  for  control  is  equivalent  in 
these  respeas  to  basic  seed  or  certified  seed  har 
vested within the Community  and complying with  the 
provisions  of  this Directive. 

2.  Paragraph  1  shall  also  apply  in  respea  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. 

Corrigendum, EngUsh Spedal Edition, p. 16 

72/274/EEC -  Art 2 

Article  21 

Article 17 

72/418/EEC -  Art 2(4) 

1. 
In  order  to  remove  any temporary  difficulties  in  the 
general  supply of  basic seed,  certified  seed  or  commerdal 
seed that occur in one or more Member States and cannot 
be overcome within the Community, one or more Member 
States may be  authorized,  according to  the procedure  laid 
down  in  Artide  25 (2),  to  permit,  for  a  specified  period, 
the  marketing  of  seed  of  a  category  subjea  to  less  strin 
gent  requirements,  or  of  seed  of varieties  not  included  in 
the common catalogue or in their national catalogue of va 
rieties. 

2. 
For  a category of seed of  any given variety, the  offi 
dal  label shall be that provided for the corresponding cate 
gory; in  all  other  cases  it  shall  be  that  provided  for  com 
merdal  seed. The  label  shall  always state that  the  seed  in 
question  is  of  a  category  satisfying  less  stringent  require 
ments. 

66/401/EEC 

3.  Rules  for  the  appUcation  of  paragraph  1  may  be 
adopted in accordance with the procedure laid down in Ar 
ticle 25 (2). 

88/332/EEC -  Art 2 

/AQ 

Article  22 
2^  Member  States  shall  make  suitable  arrangements  for 
fodder  plant  seed  to  be  offidaUy  controUed  verified  mar 
keting, at least by sampling,  as regards its compUance with 
the  requirements  of  this Directive. 

66/401/EEC -  72/418/EEC -  Art 2(5) 

Article 19 

2.  Member  States  shaU  take  aU necessary  measures  to 
ensure  that  the  foUowing  particulars  are  presented  during 
the  marketing  of  quantities  exceeding 2 kg of seed  coming 
from  another  Member  State  or  from  a  third  country: 

72/418/EEC -  Art  2(6) 

71A62/EEC -  Art 2(10) 

Artickja 

66/401/EEC 

(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  25 (2). 

Article  23 

1.  Community  comparative  tests  shaU  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 fodder  plants, taken dur 
ing 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  re 
sults  shaU  be  submitted  to  the  Committee  referred  to  in 
Artide  25 (2). 

2.  These  comparative  tests  shaU  be  used  to  harmonize 
the  technical  methods  of  certification  so  as  to  obtain  re 
sults  which  are  equivalent  Annual  progress  reports  shaU 
be  made  on  these  tests  and  sent  in  confidence  to  the 
Member  States  and  to  the  Commission.  The  Commission 
shaU, in  accordance  with  the  procedure  laid  down  in  Ar 
ticle 25 (2), set  the  date  for  the first report. 

3.  The Commission, ading in accordance with the proce 
dure  laid down in Artide  25 (2), shaU make the  necessary 
arrangements  for  the  comparative  tests  to  be  carried  out 
Fodder plant  harvested  in third  countries may be  induded 
in the  comparative  tests. 

> * *0 

Article  24 

Article 21a 

Amendments  to  be  made  to  the  content  of  the  Annexes  in 
the  Ught  of  the  development  of  scientific  or  technical 
knowledge  shaU  be  adopted  according  to  the  procedure 
laid  down  in  Artide  25  (2). 

73/438/EEC -  Art  2(5) 

Article  25 

Article  21 

1.  The  Commission  shaU  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 (*). 

87/373/EEC 
(adapted) 

2.  The  representative  of  the  Commission  shaU  submit  a 
draft  of  the  measures  to  be  taken.  The  Committee  shaU 
deliver  its  opinion  on  the  draft  within  a  time  timit  which 
the  chairman  may  lay  down  according  to  the  urgency  of 
the  matter.  The  opinion  shaU  be  deUvered  by  the  majority 
laid  down  in  Article  148  (2)  of  tine  Treaty  in  the  case  of 
dedsions  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  shaU  be 
weighted  in  the  manner  set  out  in  that  Artide.  The  chair 
man  shaU  not  vote. 

The  Commission  shaU  adopt  measures  which  shaU  apply 
immediately.  However,  if  these  measures  are  not  in  accor 
dance  with  the  opinion  of  the  Committee,  they  shaU  be 
communicated  by  the  Commission  to  the  Council  forth 
with.  In  that  event,  the  Commission  may  defer  appUcation 
of  the  measures  which  it  has  dedded  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  dedsion  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  re 
levant  to  the  subjea  matter  of  this  Directive. 

66/399/EEC -  A rt  2 

Article  26 

ArUckJl 

This  Directive  shaU  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  and  commerdal  property. 

66/401/EEC 

Article  27 

Article 23a 

Upon  appUcation  by  a  Member  State,  which  wfll  be  dealt 
with  as provided  in Article  25 (2), that  State  may be whoUy 
or partially released  from  the  obUgation  to apply this Direc 
tive  in  respect  of  certain  spedes  if  seed  of  those  spedes  is 
not  normally  reproduced  or  marketed  in  its  territory. 

69/63/EEC -  A rt  2(11) 

0)  OJ No 125,11.7.1966, p. 2289/66. 

Afr/1 

Article 28 

1.  The  Directives Usted in Annex VI Part  A, are  hereby 
repealed without prejudice to the obUgations 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  shaU  be 
construed  as  references  to  this  Directive  and  should  be 
read  in  accordance  with  the  correlation  table  set  out  in 
Annex VII. 

Article 29 

This Directive shaU enter into force  the twentieth  day fol 
lowing that of  its pubUcation  in the  Official Journal of the 
European  Communities. 

Article 30 

This Directive  is addressed  to  the  Member  States. 

Done at Brussels, 

For the Council, 

The President 

AJLA 

ANNEXI 

78/386/EEC -  Art  1(1) 

CONDITIONS  TO  BE  SATISFIED  BY THE  CROP 

The  previous cropping  of the  field  shaU not  have  been 
incompatible  with  the  production  of  seeds  of  the  spe 
des  and  variety  of  the  crop,  and  the  field  shaU  be 
suffidently  free  from  such  plants which  are  volunteers 
from  previous  cropping. 

2. 

The  crop  shaU  conform  to  the  foUowing  standards  as 
regards  distances  from  neighbouring  sources  of  poUen 
which  may  result  in  undesirable  foreign  poUination: 

Crop 

Minimum 
distance 

Brassica spp., Phacelia  tanacetifolia: 

8 8 / 3 8 0 / E E C - A rt  2(11) 

88/380/EEC -  A rt  2(11) 
79/641/EEC -  A rt  1(5) -  85/38/EEC -  Art.  1(1) 

— 

— 

the  production  of  basic 

for 
seed 

for  the  produaion  of  certified 
seed 

Spedes  or  varieties  other 
than 
Brassica spp., Phacelia  tanacetifoliar 
Pisum  sativum,  varieties  of  Poa pra 
tensis referred  to  in  the  second  part 
of  the  third  sentence  of  paragraph 
4; 

— 

— 

— 

— 

for  the  production  of  seed  in 
tended 
for  multipUcation, 
fields  up  to  two  hectares 

for  the  production  of  seed  in 
for  multipUcation, 
tended 
fields  over  two  hectares 

for  the  production  of  seed  in 
tended  for  the  production  of 
fodder  plants,  fields  up  to  two 
hectares 

for  the  production  of  seed  in 
tended  for  the  production  of 
fodder  plants,  fields  over  two 
hectares 

400m 

200 m 

200 m 

100 m 

100 m 

50 m 

These  distances  can  be  disregarded  if  there  is  suffi 
dent  protection  from  any  undesirable  foreign  pollina 
tion. 

A%3 

78/386/EEC -  A rt  1(1) 

92/19/EEC  -  A rt  1(3) 

92/19/EEC -  A rt  1(3) 

81/126/EEC -  A rt  1(1) 
82/287/EEC -  A rt  1(1) 

85/38/EEC -  A rt  1(2) 

85/38/EEC -  A rt  1(3) 

Plants  of  other  spedes,  the  seeds  of  which  are  diffi 
cult  to  distinguish  from  the  crop  seeds  in  a  laboratory 
test  shall  be  at  a  low  level. 

In  particular,  crops  of lolium  spedes  or  X  Festulolium 
shall  conform  to  the  following  conditions:  the  number 
of  plants  of  a  lolium  spedes  or  X  Festulolium  other 
than  the  a op  spedes  shall  not  exceed: 

—  one  per  50  m2  for  the  production  of  basic  seed, 

—  one  per  10  m2  for  the  production  of  certified 

seed. 

The  crop  shall  have  suffident  varietal  identity  and  va 
rietal  purity.  In  particular,  crops  other  than  those  of 
the  spedes  Pisum  sativum.  Vicia  faba.  Brassica  napus 
var.  napobrassicar  Brassica  oleracea  convar.  acephala. 
or  of  Poa  pratensis  shall  conform  to  the  following 
standards:  the  number  of  plants  of  the  a op  spedes 
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. 

In  the  case  of  Poa pratensis,  the  number  of  plants  of 
the  a op  spedes  which  are  recognizable  as  obviously 
not  being  true  to  the  variety  shall  not  exceed: 

—  one  per  20  m2  for  the  production  of  basic  seed, 

— 

four  per  10  m2  for  the  production  of  certified 
seed; 

however,  in  the  case  of  varieties  which  are  offidally 
'apomictic  uni-donal  varieties'  under 
dassified  as 
agreed  procedures,  a number  of plants recognizable  as 
not  being  true  to  the  variety,  which  does  not  exceed 
six per  10 m2,  may  be  regarded  as satisfying  the  befo-
rementioned  standards  for  the  production  of  certified 
seed.  Upon  appUcation,  a  Member  State  may  be  au 
thorized,  in  accordance  with  the  procedure  laid  down 
in  Artide  25  (2),  to  assess  the  satisfaction  of  the  vari 
etal  purity  standards  in  the  case  of  crops  of  Poa  pra 
tensis belonging  to  such  varieties  not  only on  the  basis 
of  the  results  of  the  field  inspection  carried  out  in 
accordance  with  paragraph  6 of  Annex  I, where  there 
is  evidence  that  compUance  with  the  varietal  purity 
standards  set  up  in  Annex  II  is  ensured  by  appropri 
ate  seed  testing  or  other  appropriate  means. 

AclLj 

In  the case  of  the  spedes Pisum sativum, Vicia fabaT 
Brassica napm  var.  napobrassica,  Brassica  oleracea 
convar. acephala,  only the first  sentence  is appUcable. 

81/126/EEC-Art. 1(2) -  82/287/EEC-Art  1(1) 

5.  Harmful  organisms which reduce the usefulness of the 

78/386/EEC -  Art  1(1) 

seed  shall be  at  the lowest  possible level. 

6.  The  satisfaction  of  the  abovementioned  standards  or 
other conditions shaU be examined  in offidal  field  in 
spections. 

These  field  inspections  shah  be  carried  out  in  accor 
dance with the foUowing conditions: 

A.  The  condition  and  the  stage  of  development  of 
the crop shaU permit  an  adequate  examination. 

B.  There  shall be at least  one field inspection. 

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  shaU  be  determined  in  accordance  with 
appropriate  methods. 

A&Ç 

ANNEX II 

78/386/EEC -  Art  1(2) 

CONDITIONS TO BE SATISFIED BY THE SEED 

I.  CERTIFIED  SEED 

1.  The seed shaU have suffident  varietal identity and pu 

rity. 

82/287/EEC -  Art 2(1) 

In  particular,  the  seeds  of  the  spedes  Usted  below 
shall  conform  to  the  foUowing  standards  or  other 
conditions. The  minimum  varietal purity shaU be: 

—  Poa pratensis.  varieties  referred  to  in  the  second 

part  of  the  third  sentence  of paragraph  4 of An-
Bex_J: 98% 

—  Pisum sativum, Vicia  faba,  Brassica  napm  var. 
napobrassica, Brassica  oleracea  conv.  acephala: 

—  certified  seed,  1st generation: 99 %, 

—  certified  seed,  2nd  and  subsequent  genera 

tions: 98 %. 

The minimum varietal purity shaU be examined main 
ly in field inspections  carried  out  in  accordance  with 
the  conditions laid  down in Annex  I. 

The  seed  shaU conform  to  the  foUowing  standards or 
other conditions as regards germination, analytical pu 
rity  and  content  of  seeds  of  other  plant  spedes,  in 
ducting  Lupin  seeds  of  another  colour  and  of  bitter 
Lupin  seeds: 

A  Table: 

85/38/EEC -  Art  2(1) 

78/386/EEC -  Art  1(2) 

A&6 

Species 

Germination 
Maxi 
mum 
content 
of hard 
seed(% 
of pure 
sedd) 

Mini 
mum 
germi 
nation 
(%of 
pure 
seed) 

Mini 
mum 
analyti 
cal 
purity 
(%of 
weight) 

Analytical purity 
Maximum content of seeds of 
other plant spedes 
(% of weight) 

Tbtal 

A single 
species 

Agropy-
ron re-
pens 

78/386/EEC -  Art 1(2) 

GRAMINEAE 

Agrostis canina 

Agrostis gigantea 

Agrostis stolonifera 

Agrostis capillaris 

Alopecumspraten 
sis 
Arrhenatherum 
elatim 

Bromm  catharti-
cus 

Bromm sitchensis 

Cynodon dactylon 

75(a) 

80(a) 

75(a) 
75(a) 

70(a) 

75(a) 

75(a) 
75(a) 

70(a) 

Dactylis glomerata 
Festuca  arundina-
cea 
Festuca ovina 
Festuca pratensis 
Festuca rubra 

80(a) 

80(a) 
75(a) 
80(a) 
75(a) 

X Festulolium 

75(a) 

Lolium  multiflo-
rum 
Lolium perenne 

Lolium 
y  boucheanum 

75(a) 
80(a) 

75(a) 

Phalaris  aquatica 
L. 

75(a) 

Phleum bertolonii 

Phleum pratense 

Poa annua 

Poa nemoralis 

Poapalmtris 

80(a) 

80(a) 

75(a) 

75(a) 

75(a) 

90 

90 

90 
90 

75 

90 

97 
97 

90 

90 

95 
85 
95 
90 

96 

96 
96 

96 

96 

96 

96 

85 

85 

85 

2,0 

2,0 

2,0 

2,0 

2,5 

1,0 

1,0 

1,0 
1,0 

03 
03 

03 
03 

79/641/EEC -  Art. 1(6) 

87A20/EEC -  A rt 2(3) 

1,0 ID 

03 

89A00/EEC -  A rt 1 

3,0 

1.0(f) 

03 

88/380/EEC -  Art 2(14) 

86A55/EEC -  A rt  1(3) 

78/386/EEC -  A rt 1(2) 

92A9/EEC -  Art 1(4) 

78/386/EEC -  Art. 1(2) 

87A20/EEC -  A rt 2(3) 

86A55/EEC - A rt 1(3) 

78/386/EEC -  A rt 1(2) 

1,5 

1,5 

1,0 
1,0 

2,0 

1,0 

1,5 

1,5 
2,0 
1,5 
1,5 

1,0 

1,0 
1,0 
1,0 
1,0 

1,5 

1,0 

1,5 
1,5 

1,5 

1,0 
1,0 

1,0 

1,5 

1,0 

1,5 

1,5 

1,0 

1,0 

2,0 (c) 

1.0(c) 

2,0 (c) 

1.0(c) 

2.0(c) 

1,0 (c) 

03 
0,5 

03 

03 

03 
0,5 
03 
03 

03 

03 
03 

0,5 

03 

03 
03 
03 
03 
03 

-A£¥ 

Analytical purity 

Maximum content of seeds of other plant 
spedes (% by weight) 

Maximum content of seeds of 
other plant species in a sample 
of the weight specified in co 
lumn 4 of Annex HI (total per 
column) 

Alopecu-
ruamyo-
suroides 

Melilotus 
spp. 

Rapha-
nusra-
phani-
strum 

Sinapis 
arvensis 

Avena 
fatua, 
Avena 
ludovi-
ciana, 
Avena 
sterilis 

Cuscuta 
spp. 

Condi 
tions as 
regards 
content 
of Lu 
pin 
seeds 
of ano 
ther co 
lour 
and of 
bitter 
Lupin 
seeds 

Rumex 
m 
flthei 
than flu 
ffier  ace-
tosella 
eznuRuz 
ritimus 

78/386/EEC  -  A rt  1(2) 

80^754/EEC  -  A rt  1(1) 

8 

0,3 

0,3 

0,3 
0,3 

0,3 

0,3 

0,3 
0,3 

0,3 

0,3 

0,3 
0,3 
0,3 
0,3 

0,3 

0,3 
0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

10 

11 

12 

13 

14 

15 

0 
0 

0 
0 

0 

0 0)00 
0 0)00 

o(j)00 
0 0)00 

2 j j i) 
2fn) 

2f£) 

0 0)00 

5Jn) 

81/126/EEC  -  A rt  2 

81/126/EEC  -  A rt  2 

81/126/EEC  -  A rt  2 

81/126/EEC  -  A rt  2 

87/480/EEC  -  A rt  1(1) 

0 ( g) 

0 0)00 

5Jn} 

87/480/EEC  -  A rt  1(1) 

0 ( g) 

0 ( g) 

0 0)00 
0 0)00 

10  (n) 

10  (n) 

0 

0 0)00 

0 0)00 

5Jn} 

0 0)00 
0 0)00 
0 0)00 
0 0)00 

5J& 
5JJÙ 
Hal 
U n] 

88/380/EEC  -  A rt  2(14) 

| 8 6 / 1 5 5 / E E C - A r t l ( 3) 

7 8 / 3 8 6 / E E C - A rt  1(2)  -  8 7 / 4 8 0 / E E C - A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

0 0)00 

5 ( n) 

| 9 2 / 1 9 / E E C - A r t l ( 4) 

7 8 / 3 8 6 / E E C - A rt  1(2)  -  8 7 / 4 8 0 / E E C - A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

8 6 / 1 5 5 / E E C - A rt  1(3)  -  87/480/EEC-Art.  1(1) 

78/386/EEC  -  A rt  1(2) 

81/126/EEC  -  A rt  2 

81/126/EEC  -  A rt  2 

81/126/EEC  -  A rt  2 

0 0)00 
0 0)00 

5_In) 
5Js} 

0 0)00 

5Jn) 

0 0)00 

0 00 
0(k) 
0 0)00 
0 0)00 
0 0)00 

5 

5 

5fjQ 
21a) 
2£nj 

ASLÛ 

Species 

Germination 
Maxi 
mum 
content 
of hard 
seed(% 
of pure 
sedd) 

Mini 
mum 
germina 
tion (% 
of pure 
seed) 

Mini 
mum 
analyti 
cal 
purity 
(%of 
weight) 

Analytical purity 
Maximum content of seeds of 
other plant species 
(% of weight) 

Total 

A single 
species 

Agropy-
ron re-
pens 

78/386/EEC -  Art  1(2) 

Poa pratensis 

Poatriviahs 
Trisetum 
flavescens 

LEGUMINOSAE 

Hedysarum 
coronarium 

Lotm  comiculatiis 

Lupinus afbus 

Lupinus 
angustifolius 

Lupinus luteus 

Medicago lupulina 

Medicago sativa 

Medicago  x  varia 

Onobrychis 
YictifoHa 

Pisum sativum 

Trifolium 
alexandrinum 

Trifolium 
hybridum 

Trifolium 
incamatum 

Trifolium pratense 

Trifolium repens 

Trifolium 
resupinatum 

75 (a 

75 (a 

70 (a 

75 
a)(b 

75 
a)(b 
80 
a)(b 

75 
a)(b 

80 
a)(b 
80 
a)(b 
80 
a)(b 
80 
a)(b 

75 
a)(b 

80 (a 

80 
a)(b 

80 
a)(b 

75 
a)(b 

80 
a)(b 
80 
a)(b 

80 
a)(b 

85 

85 

75 

95 

95 

98 

98 

98 

97 

97 

97 

95 

98 

97 

30 

40 

20 

20 

20 

20 

40 

40 

20 

20 

2,0 (C) 

1,0 (c) 

2,0 (c) 

1,0 (c) 

0,3 

0,3 

3,0 

1,0 (f) 

0,3 

2,5 

1,0 

1,8 (d) 

1.0(d) 

0 3 ( c) 

0,3(e) 

0 3 ( c) 

0,3  (e) 

0 3 ( c) 

0 3 ( e) 

13 

13 

1,5 

2,5 

0,5 

1,5 

1,0 

1,0 

1,0 

1,0 

03 

1,0 

20 

97 

13 

1,0 

20 

20 

40 

97 

97 

97 

13 

1,5 

13 

1,0 

1,0 

1,0 

20 

97 

13 

1,0 

AYÔ 

79/641/EEC -  Art  1(6) 

79/641/EEC -  Art  1(6) 

79/641/EEC -  Art  1(6) 

Analytical purity 

Maximum content of seeds of other plant 
species (% by weight) 

Maximum content of seeds of 
other plant species in a sample 
of the weight specified  in co 
lumn 4 of Annex III (total  per 
column) 

Alopecu-
rusmyo-
suroides 

Melilotus 
spp. 

Rapha-
nusra-
phani-
strum 

Sinapis 
arvensis 

Avena 
fatua, 
Avena 
ludovi-
ciana, 
Avena 
sterilis 

Cuscuta 
spp. 

10 

11 

12 

13 

78/386/EEC  -  A rt  1(2) 

80/754/EEC  -  A rt  1(1) 

Condi 
tions as 
regards 
content 
of Lu 
pin 
seeds 
of  ano 
ther co 
lour 
and of 
bitter 
Lupin 
seeds 

15 

Rumex 

other 
than fltt-
mgr acg-
(QSellQ 
eand/fo-
mexma-
ritimus 
14 

8 

0,3 

0,3 

0,3 

03 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0 
0 

0 0)00 
0 0)00 

2ÙÙ 
2 £ n} 

81A26/EEC  -  A rt  2 

81A26/EEC  -  A rt  2 

0(h) 

0 0)00 

2 { n) 

81A26/EEC  -  A rt  2 

0 

0 

0 00 

0 ( l ) ( m) 

5. 

10 

87/480/EEC  -  A rt  1(1) 

0(1) 

0 0) 

5_in} 

(o)(p) 

87/480/EEC  -  A rt  1(1) 

0(i) 

0 0) 

5_l2) 

(o)(p) 

87/480/EEC  -  A rt  1(1) 

0(i) 

0 0) 

Un] 

(o)(p) 

87/480/EEC  -  A rt  1(1) 

0 

0 

0 

0 

0 

0 

0 ( l ) ( m) 

0 ( l ) ( m) 

0 ( l ) ( m) 

1Q 

10 

m 

0 0) 

1 

0 0) 

Un] 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

0 ( l ) ( m) 

IP. 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

87/480/EEC  -  A rt  1(1) 

0 ( l ) ( m) 

10 

0 ( l ) ( m) 

0 ( l ) ( m) 

0 ( l ) ( m) 

0 ( l ) ( m) 

112 

112 

10 

10 

AÏQ 

78/386/EEC -  Art. 1(2) 

79/641/EEC -  Art. 1(7) 

Species 

Germination 

Analytical purity 

Mini 
mum 
germina 
tion (% 
of pure 
seed) 

Maxi 
mum 
content 
of hard 
seed(% 
of pure 
sedd) 

Mini 
mum 
analyti 
cal 
purity 
(%of 
weight) 

Maximum content of seeds of 
other plant species 
(% of weight) 

Total 

A single 
species 

Agropy-
ron re-
pens 

1 

2 

3 

4 

5 

6 

7 

5 

20 

20 

20 

Trigonella 
foenumgraecum 

Vicia faba 

Vicia pannonica 

Vicia sativa 

Vicia villosa 

OTHER 
SPECIES 
Brassica 
var. napobrassica 
Brassica  oleracea 
convar. acephala 

napus 

80(a) 
85 
(a)(b) 
85 
(a)(b) 
85 
(a)(b) 
85 
(a)(b) 

80(a) 

75(a) 

95 

98 

98 

98 

98 

98 

98 

1,0 
0,5 

0,5 

0,3 

1.0(c) 

0,5 (e) 

1.0(c) 

03  (e) 

1,0 (c) 

03  (e) 

1,0 

1,0 

0,5 

03 

Phacelia 
tanacetifolia 

80(a) 

96 

1,0 

0,5 

88/380/EEC -  Art. 2(14) 

Raphanus 
var. oleiformis 

sativm 

80(a) 

97 

1,0 

03 

78/386/EEC -  Art. 1(2) 
87A20/EEC -  Art 2(3) 

A^A 

Analytical purity 

Maximum content of seeds of other plant 
species (% by weight) 

Maximum content of seeds of 
other plant species in a sample 
of the weight specified in co 
lumn 4 of Annex III (total per 
column) 

Alopecu-
rusmyo-
suroides 

Melilotus 
spp. 

Rapha-
nusra-
phani-
strum 

Sinapis 
arvensis 

Avena 
fatua, 
Avena 
ludovi-
ciana, 
Avena 
sterilis 

Cuscuta 
spp. 

8 

9 

10 

11 

12 

13 

0 0) 

0 0) 

0 0) 

0 0) 

0 0) 

0 0)00 

0 0)00 

0 0)00 

0,3 
0,3 

0,3 

0,3 

0,3 

0 
0 

0(0 

0(i) 

0(i) 

0 

0 

0 

0 

0,3 

0,3 

0,3 

03 

0,3 

0,3 

Rumex 
32£L 
other 
than Ru-
mcxace-
tosella 
eandKw-

ritimus 
14 

5. 
lis! 

5!n) 

5Jn) 

liai 

5. 

10 

78/386/EEC -  Art  1(2) 

80/754/EEC -  A rt  1(1) 

Condi 
tions as 
regards 
content 
of Lu 
pin 
seeds 
of ano 
ther co 
lour 
and of 
bitter 
Lupin 
seeds 

15 

87/480/EEC -  A rt  1(1) 

87/480/EEC -  A rt  1(1) 

87/480/EEC -  A rt  1(1) 

87/480/EEC -  A rt  1(1) 

87/480/EEC -  Art  1(1) 

87/480/EEC -  Art  1(1) 

87/480/EEC -  A rt  1(1) 

88/380/EEC -  A rt  2(14) 

78/386/EEC -  A rt  1(2) 
87/480/EEC -  A rt  1(1) 

5 

0 0) 

AVZ 

78/386/EEC -  Art  1(2) 

79/641/EEC -  Art  1(8) 

Standards  or  other  conditions  applicable  where 
reference  is  made  to  them  in  die  table  under 
Section  I  (2) (A) of  this Annex: 

(a)  All  fresh  and  healthy  seeds  which  do  not 
germinate  after  prc-treatment  shall  be  re 
garded  as seeds which have  germinated. 

(b)  Up  to  the  maximum  quantity  indicated, 
hard  seed present  shall be regarded  as seed 
capable of germination. 

(c)  A  maximum  total  of  0,8 %  by  weight  of 
seeds  of  other  Poa species  shall  not  be  re 
garded  as an impurity. 

(d)  A  maximum  of  1  %  by weight  of  seeds  of 
Trifolium pratense shall  not  be  regarded  as 
an  impurity. 

(e)  A  maximum  total  of  03 %  by  weight  of 

seeds  of  Lupinus  a/bus, Lupinus  angustifo-
hus, Lupinus lutem,  Pisum sativum.  Vicia 
faba  f  Vicia  pannonica, Vicia sativa,  Vicia 
villosa  in  another  relevant  species  shall  not 
be  regarded  as an impurity. 

(f)  The  prescribed  maximum  percentage  by 
weight  of  seeds of  a single species shall not 
apply to seeds of Poa  spp. 

(g)  A maximum total of two seeds of Avena fa 

tua, Avena tudoviciana,  Avena  sterilis  in  a 
sample of the prescribed weight shaU not be 
regarded  as  an  impurity  where  a  second 
sample of  the same weight  is  free  from  any 
seeds of  these species. 

(h)  The  presence  of  one  seed  of Avena  fatua, 

Avena  tudoviciana, Avena sterilis in a sample 
of  the  prescribed  weight  shall  not  be  re 
garded  as an impurity where  a second sam 
ple  of  twice  the  prescribed  weight  is  free 
from  any seeds of  these species. 

(i)  The  determination  of  seeds  of Avena fatua, 

Avena tudoviciana, Avena  sterilis  by number 
need  not  be  carried  out  unless  there  is 
doubt  whether  the  conditions  laid  down  in 
column  12 have been  satisfied. 

(j)  The determination  of  seeds of  Cmcuta spp. 
by  number  need  not  be  carried  out  unless 
there  is  doubt  whether  the  conditions  laid 
down in  column  13 have been  satisfied. 

(k)  The presence of one seed of Cuscuta spp. 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  Cuscuta spp. 

0)  The weight of the sample for the determina 
tion  of  seeds  of  Cuscuta spp.  by  number 
shall  be  twice  the  weight  specified  in  col 
umn 4 of Annex HI for the relevant species. 

A^ 

(m)  The  presence  of  one  seed  of  Cmcuta  spp.  in 
a  sample  of  the  prescribed  weight  shall  not 
be  regarded  as  an  impurity  where  a  second 
sample  of  twice  the  prescribed  weight  is 
free  from  any  seeds  of  Cuscuta  spp. 

(n)  The  determination  of  seeds  of  Rumex  spp. 
other  than Rumex  acetosella and  Rumex  ma-
ritimm  by  number  need  not  be  carried  out 
unless there  is doubt  whether  the  conditions 
laid  down  in  column  14  have  been  satisfied. 

78/386/EEC -  Art  1(2) 

80/754/EEC -  Art  1(2) 

(o)  The  percentage  by  number  of  Lupin  seeds 

78/386/EEC -  A rt  1(2) 

of  another  colour  shall  not  exceed: 

— 

in  bitter  Lupin, 

2 % 

— 

in  Lupins  other  than  bitter  Lupin,  1 % 

(p)  The  percentage  by  number  of  bitter  Lupin 
seeds  in  varieties  other  than  bitter  Lupin 
shall  not  exceed  2.5 %. 

3.  Harmful  organisms which  reduce  the  usefulness  of  the 

seed  shall  be  at  the  lowest  possible  level. 

IL  BASIC  SEED 

Subject  to  the  provisions  below,  the  conditions  laid  down 
in  Section  I  of  this Annex  shall  apply  to  basic  seed: 

1.  The  seed  of Pisum  sativum,  Brassica napus  var.  napo 
brassica, Brassica  oleracea  conv.  acephala,  Vicia  faba 
and  of  varieties  of  Poa  pratensis  referred  to  in  the 
second  part  of  the  third  sentence  of  paragraph  4  of 
Armer  I  shall  conform  to  the  following  standards  or 
other  conditions: the  minimum  varietal  purity shall  be 
99,7  %. 

The  minimum  varietal  purity shall  be  examined  main 
ly  in  field  inspections  carried  out  in  accordance  with 
the  conditions  laid  down  in  Annex  I. 

87A20/EEC -  A rt  2(4) 

82/287/EEC -  A rt  2(2) 

85/38/EEC -  A rt  2(2) 

The  seed shall satisfy  the  following  standards  or  other 
conditions: 

78/386/EEC -  A rt  1(2) 

A.  Table: 

•43 

Maximum  content  of  seed  of  other  plant  species 

78/386/EEC  -  Art.  1(2) 

Content  by  number  in  a  sample  of  the  weight  specified  in 
column  4  of  Annex  LTJ (total  per  column) 

Species 

Total 
( % by 
weight) 

A  single 
species 

1 

2 

3 

Rumex 
Slip-
other  than 
Rumex 
acetosella 
and 
Rumex 
mariiimus 
4 

GRAMINEAE 
Agrostis  canina 
Agrostis gigantea 
Agrostis  stolonifera 
Agrostis capillaris 
Alopecurus  pratensis 
Arrhenatherum  elatius 

Bromus  catharticus 
Bromus  sitchensis 

Cynodon  dactylon 

Dactylis  glomerata 
Festuca  arundinacea 
Festuca  ovina 
Festuca  pratensis 
Festuca rubra 

X  Festulolium 

Lolium  multiflorum 

Lolium  perenne 

Lolium  x  boucheanum 

0,3 
0,3 
0,3 
0,3 
0,3 
0,3 

0,4 
0,4 

0,3 

0,3 
0,3 
0,3 
0,3 
0,3 

0,3 

0,3 
0,3 
0,3 

20 
20 

20 
20 

20  (a) 
2 0 ( a) 

20 
20 

20  (a) 

2 0 ( a) 
20  (a) 
2 0 ( a) 
20  (a) 
20  (a) 

2 0 ( a) 

2 0 ( a) 

2 0 ( a) 

2 0 ( a) 

l 

l 

1 

1 
2 
I 

5 
5 

1 

I 
I 
I 
I 
I 

2 

I 
I 
I 

i 
* 

Agropyron 
repens 

Alopecurus 
myosuroi-
des 

Melilotus 
spp. 

80/754/EEC  -  Art.  1(3) 

Other 
standards 
or  condi 
tions 

5 

1 
1 
1 
1 
5 
5 

5 
5 

1 

5 
5 
5 
5 
5 

5 

5 

5 

5 

6 

1 
1 
1 
1 
5 
5 

5 

5 

1 

5 
5 
5 
5 
5 

5 

5 

5 

5 

7 

8 

79/641/EEC  -  Art.  1(6) 

87/120/EEC  -  Art.  2(5) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 

88/380/EEC  -  Art.  2(15) 

0) 
0) 
0) 
0) 
0) 
0)0) 

0) 
0) 

0) 

| 

86/155/EEC  -  Art.  1(4) 

0) 
0) 
0) 
0) 
0) 

78/386/EEC  -  Art.  1(2)  -  87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 

0) 

| 

92/19/EEC  -  Art.  1(5) 

0) 
0) 
0) 

78/386/EEC  -  Art.  1(2)  -  87/480/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 

87/120/EEC  -  Art. 2(5)  -  87/480/EEC  -  Art.  1(2) 

Maximum  content  of  seed  of  other  plant  species 

78/386/EEC  -  Art.  1(2) 

Content  by  number  in  a  sample  of  the  weight  specified  in 
column  4  of  Annex  HI  (total  per  column) 

Species 

Total 
( % by 
weight) 

A  single 
species 

Agropyron 
repens 

Alopecurus 
myosuroi-
des 

Melilotm 
spp. 

80/754/EEC  -  A rt  1(3) 

Other 
standards 
or  condi 
tions 

Rumex 
spp* 
other than 
Rumex 
acetosella 
and 
Rumex 
maritimm 

• 

Phalaris  aquatica  L. 

Phleum  bertolonii 
Phleum  pratense 
Poa  annua 
Poa  nemoralis 
Poa palustris 
Poa  pratensis 
Poa trivialis 
Trisetum  flavescens 

lutem 

LEGUMINOSAE 
Hedysarum  coronarium 
Lotus  comiculatus 
Lupinus  albus 
Lupinm  angustifolim 
Lupinm 
Medicago  lupulina 
Medicago  sativa 
Medicago  x  varia 
Qnobrychis  viciifolia 
Pisum  sativum 
Trifolium  alexandrinum 
Trifolium  hybridum 

Trifolium  incarnatum 
Trifolium  pratense 
Trifolium repens 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 

0,3 
0,3 
0,3 
0,3 
0,3 
0,3 
0,3 
0,3 
0,3 
0,3 
0,3 
0,3 

0,3 

0,3 

0,3 

20 

20 
20 

20(b) 
20(b) 
20  (b) 
2 0 ( b) 

20(b) 
20(c) 

20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 

20 
20 
20 

0) 

0) 
0) 
(f)0) 
(f)0) 
(f)0) 
00 0) 
(f)0) 
0)0) 

0) 
(g)0) 
(h)  (k) 
(h)  (k) 
(h)  (k) 
0) 
0) 
0) 

0) 
0) 

0) 
0) 
0) 

0 ( e) 
0 (e 
0 (d 
0 (d 
0 (d 
0  (e 
0  (e 
0  (e 
0 (d 
0 (d 
0  (e 
0 (e 

0 (e 
0 (e 
0 (e 

86/155/EEC  -  Art.  1(4)  -  87/480/EEC  -  Art.  1(2) 

78/386/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 
79/641/EEC  -  Art.  1(6)  -  87/480/EEC  -  Art.  1(2) 
79/641/EEC  -  Art.  1(6)  -  87/480/EEC  -  Art.  1(2) 
79/641/EEC  -  Art.  1(6)  -  87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 

Maximum  content  of  seed  of  other  plant  species 
Content  by  number  in  a  sample  of  the  weight  specified  in 
column  4  of  Annex  III  (total  per  column) 

78/386/EEC  -  Art.  1(2) 

80/754/EEC  -  Art.  1(3) 

Agropyron 
repens 

Alopecurus 
myosuroi-
des 

Melilotus 
spp. 

Other 
standards 
or  condi 
tions 

Species 

1 

Trifolium  resupinatum 
Trigonella  foenumgraecum 
Vicia faba 
Vicia  pannonica 
Vicia sativa 
Vicia villosa 

OTHER  SPECIES 
Brassica  napus  var.  napobrassi 
ca 
Brassica  oleracea  convar 
acephala 

Phacelia  tanacetifolia 

Raphanm  sativm  yar.  okiformis 

Total 
( % by 
weight) 

A  single 
species 

2 

0,3 
0,3 
0,3 
0,3 
0,3 
0,3 

0,3 

0,3 

0,3 

0,3 

3 

20 
20 
20 
20 
20 
20 

20 

20 

20 

20 

Rumex 
SPJL 
other  than 
Rumex 
acetosella 
and 
Rumex 
maritimus 
4 

2 
I 
1 
1 
I 
I 

I 

I 

I 

1 

5 

6 

7 

0 ( e) 
0 ( d) 
0 ( d) 
0 ( d) 
0 ( d) 
0 ( d) 

8 

0) 

(h) 
(h) 

(h) 

0) 

0) 

87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 

79/641/EEC  -  Art.  1(7)  -  87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 
87/480/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 

87/480/EEC  -  Art.  1(2) 

1 

88/380/EEC  -  Art.  2(15) 

78/386/EEC  -  Art.  1(2)  -  87/120/EEC  -  Art. 2(5) 
87/480/EEC  -  Art.  1(2) 

B.  Standard  or  odier  conditions  applicable  where 
reference  is  made  to  them  in  the  table  under 
Section  II  (2) (A) of  this Annex: 

78/386/EEC -  Art  1(2) 

(a)  A  maximum  total  of  80  seeds  of  Poa spp. 
shall  not  be regarded  as an  impurity. 

(b)  The condition laid down in column  3 is not 
applicable  to  the  seeds  of  Poa  spp.  The 
maximum  total content  of seeds of Poa  spp. 
other  than  the species to be  examined  shall 
not  exceed one in  a sample  of  500 seeds. 

(c)  A  maximum  total  of  20  seeds  of  Poa spp. 
shall not  be regarded  as an  impurity. 

(d)  The determination of seeds of Melilotm spp. 
by  number  need  not  be  carried  out  unless 
there  is  doubt  whether  the  conditions  laid 
down in column  7 have been  satisfied. 

(e)  The  presence  of  one  seed  of Melilotm spp. 
in  a  sample  of  the  prescribed  weight  shall 
not  be  regarded  as an  impurity where  a se 
cond  sample of  twice the  prescribed  weight 
is free  from  airy seeds of Melilotus  spp. 

(f)  The condition (c) laid down in Section I (2) 

of  this Annex is not  applicable. 

(g)  The condition (d) laid down in Section I (2) 

of  this Annex is not  applicable. 

(h)  The condition (e) laid down in Section I (2) 

of  this Annex is not  applicable. 

(i)  The condition  (f) laid down in Section I (2) 

of  this Annex is not  applicable. 

0)  The  conditions  (k)  and  (m)  laid  down  in 
Section  I (2) of  this Annex are not  applica 
ble. 

(k)  The  percentage  by  number  of  bitter  Lupin 
seeds  in  varieties  other  than  bitter  Lupin 
shall  not  exceed  1 %. 

EL  COMMERCIAL  SEED 

Subject  to  the  provisions below,  the  conditions  laid  down 
in  Section  I  (2)  and  (3) of this Annex shall  apply to com 
mercial  seed: 

1.  The  percentages  by  weight  laid  down  in  columns  5 
and  6  of  the  table  under  Section  I  (2)  (A)  of  this 
Annex are increased  by  1 %. 

>!*? 

78/386/EEC -  Art  1(2) 

2. 

3. 

4. 

In Poa  annua a maximum  total  of  10 % by weight of 
seeds of other Poa  species shall  not be regarded as an 
impurity. 

In Poa spp. other than Poa annua a maximum total of 
3 % by weight of seeds of  other Poa species  shall not 
be regarded  as an  impurity. 

In Hedisarum  coronarium  a maximum total  of  1  % by 
weight of seeds of Melilotm spp. shall not be regarded 
as an impurity. 

5.  The  condition  (d)  laid  down  in  Section  I  (2)  of  this 
Annex for Lotm  comiculatus  is  not  applicable. 

6. 

In Lupin species: 

(a)  the  minimum  analytical  purity  shall  be  97% by 

weigh' 

(b)  the  percwtage  by  number  of  Lupin  seeds  of 

another  colour shall  not exceed: 

— 

in bitter  Lupin, 

4 % 

— 

in Lupii-s other than  bitter  Lupin,  2 % 

7. 

In  Vicia  spp.  a  maTîmiim  total  of  6%  by  weight  of 
seeds of Vicia pannonica,  Vicia villiosa  or related cul 
tivated  species in another relevant species shall be not 
regarded  as an impurity. 

8. 

In Vicia pannonica,  Vicia sativa,  Vicia villosa the mini 
mum analytical purity shall be  97% by the weight 

^ 3 <3 

ANNEX  m 

78/386/EEC -  Art.  1(3) 

LOT AND  SAMPLE  WEIGHTS 

Species 

Maximum 
weight  of  a lot 
(tonnes) 

Minimum 
weight of a 
sample  to be 
drawn from 
a lot 
(grams) 

Weight  of  the 
sample  for  the 
determina 
tions by 
number provi 
ded  for  in 
columns  12 to 
14 of 
Annex  II  (I) 
(2)  (A) and 
columns 3 to 
7of 
Annex  II  (II) 
(2)  (A) 
(grams) 

GRAMINEAE 
Agrostis caning 
Agrostis gigantea 
Agrostis  stolonifera 
Agrostis  capiUaris 
Alopecurus pratensis 
Arrhenatherum  elatius 

Bromus catharticus 
Bromm sitchensis 

Cynodon dactylon 

Dactylis glomerata 
Festuca  arundinacea 
Festuca ovina 
Festuca pratensis 
Festuca  rubra 

x  Festulolium 

Lolium  multiflorum 

Lolium perenne 

Lolium  x  boucheanum 

Phalaris aquatica  L 

Phleum bertolonii 

Phleum pratense 

Poa annua 

Poa nemoralis 

Poa  palmtris 

Poa pratensis 
Poa trivialis 

Trisetum flavescens 

79/641/EEC -  Art.  1(6) 

87/120/EEC -  A rt  2(7) 

88/380/EEC -  A rt  2(16) 

86/155/EEC -  A rt  1(5) 

78/386/EEC -  Art.  1(3) 

92/19/EEC -  A rt  1(6) 

78/386/EEC -  Art.  1(3) 

87/120/EEC -  Art  2(7) 

86/155/EEC -  Art.  1(5) 

78/386/EEC -  Art  1(3) 

10 
10 
10 
10 
10 
10 

10 
10 

10 

10 
10 
10 
10 
10 

10 

10 

10 

10 

10 

10 

10 

10 

10 

10 
10 
10 

10 

50 
50 
50 
50 
100 
200 

200 
200 

50 

100 
100 
100 
100 
100 

200 

200 

200 

200 

100 

50 

50 

50 

50 

50 
50 

50 

50 

5 
5 
5 
5 
30 
80 

200 
200 

30 
50 
30 
50 
30 

60 

60 

60 

60 

50 

10 

10 

10 

5 

5 

5 
5 

5 

sfÇo 

Species 

Maximum 
weight  of a lot 
(tonnes) 

Minimum 
weight  of a 
sample  to be 
drawn  from 
a lot 
(grams) 

J  78/386/EEC -  A rt  1(3) 

Weight  of  the 
sample  for  the 
determina 
tions by 
number provi 
ded  for  in 
columns  12 to 
14  of 
Annex  II  (I) 
(2)  (A) and 
columns 3 to 
7of 
Annex  II  (II) 
(2)  (A) 
(grams) 

LEGUMINOSAE 
Hedysarum  coronarium: 
— 

fruit 

— 

seed 

Lotus  comiculatus 
Lupinus  ahbus 
Lupinus  angustifokus 
Lupinus  luteus 
Medicago  lupulina 
Medicago sativa 

Medicago  x  varia 
Onobrvchis viciifolia: 

— 

fruit 

— 
seed 
Pisum  sativum 
Trifolium  alexandrinum 
Trifolium  hybridum 
Trifolium  incarnatum 
Trifolium pratense 
Trifohum repens 
Trifolium  resupinatum 
Trigonella foenumgraecum 
Vicia faba 

Vicia  pannonica 
Vicia sativa 
Vicia villosa 

OTHER  SPECIES 
Brassica  napus  var.  napobrassi 
ca 
Brassica  oleracea  convar.  ace-
phala 

Phacelia  tanacetifolia 

Raphanm  sativm  var.  oleifor-
mis 

10 
10 
10 
20 
20 
20 
10 
10 
10 

10 
10 
20 
10 
10 
10 
10 
10 
10 
10 
20 
20 
20 
20 

10 

10 

10 

10 

1000 
400 
200 
1000 
1000 

1000 

300 

300 
300 

600 
400 
1000 
400 
200 

500 
300 

200 

200 
500 
1000 

1000 

1000 

1000 

200 

200 

300 

300 

300 
120 
30 
1000 

1000 
1000 

50 

50 
50 

600 

400 
1000 
60 
20 

80 

50 
20 

20 
450 

1000 

1000 

1000 

1000 

100 

100 

40 

79/641/EEC -  A rt  1(6) 

79/641/EEC -  A rt  1(6) 

79/641/EEC -  Art.  1(6) 

79/641/EEC -  A rt  1(7) 

88/380/EEC -  A rt  2(16) 

300 

78/386/EEC-Art  1(3)  -  87/120/EEC-Art. 2(7) 

The  maximum  lot  weight  shall  not  be  exceeded  by  more  than  5  %. 

87/120/EEC -  A rt  2(8) 

/HjA 

75/444/EEC- Art 2(11) 

ANNEX IV 

MARKING 

A.  Official  label 

I. 

Information required 

(a)  For basic seed  and certified  seed: 

1. 

'EEC rules and standards', 

2.  Certification  authority  and  Member 

State or their initials, 

3.  Reference number of lot, 

4.  Month  and  year  of  sealing  expressed 
thus: 'sealed ...'  (month and year), 

78/692/EEC -  Art 2(5) 

or 
month and year of the last official sam 
pling  for  the  purposes  of  certification 
expressed  thus:  'sampled  ...'  (month 
and year), 

Species, indicated at least under its bo 
tanical  name,  which  may  be  given  in 
abridged form and without the authori 
ties' names, in roman chai-arters, 

75/444/EEC-Art 2(ll)-88/380/EEC-Art 2(17) 

6. 

Variety  indicated  at  least  in  roman 
characters, 

88/380/EEC -  Art 2(19) 

7.  Category, 

8.  Country of production, 

9.  Declared  net  or  gross  weight  or  de 

clared number of pure seeds, 

10.  Where  weight  is  indicated  and granu 
lated pesticides, pelleting substances or 
other  solid  additives  are used,  the na 
ture  of  the  additive  and  also  the 
approximate  ratio  between  the  weight 
of pure seeds and the total weight, 

11.  For  certified  seed  of  the  second  gen 
eration and subsequent generations  af 
ter  basic  seed:  number  of  generations 
after basic seed, 

11  For seed  of  grass varieties which have 
not  been  subjected  to  tests  for  their 
CTopping  value  and  use  in  accordance 
with  Article  4  (2)  (a)  of  Directive 
95/.. TEC concerning the common cat 
alogue: 'Not  intended  for  the produc 
tion of fodder plants', 

[70/457/EEC] 

Jlft 

78/55/EEC -  Art 2(5) 

88/380/EEC -  Art 2(18) 

'retested 

13.  Where  at  least  germination  has  been 
. .. 
the  words 
retested. 
(month  and  year)'  and  the  service  re 
sponsible  for  such  retesting may be in 
dicated. Such information  may be given 
on  an  official  sticker  attached  to  the 
official  label. 

In accordance with the procedure laid down 
in Article 25 (2), Member States may be re 
leased  from  the  requirement  to indicate  the 
botanical name in respea  of individual spe 
cies and, where  appropriate, for  limited  pe 
riods where  it  has been established  that  the 
disadvantages  of  its  implementation  out 
weigh the  advantages expeaed  for  the  mar 
keting  of seed. 

(b)  For  commercial  seed: 

75/444/EEC-Art 2(11) 

1. 

2. 

'EEC  rules and  standards', 

'Commercial  seed  (not  certified  as  to 
variety)', 

3.  Supervising  authority  and  Member 

State  or  their initials, 

4.  Reference  number  of  lot 

Month  and  year  of  sealing  expressed 
thus: 'sealed  ...'  (month  and year), 

78/692/EEC -  Art 2(6) 

or 
month and year of the last official  sam 
pling  for  the  purposes  of  certification 
expressed  thus:  'sampled  . . .'  (month 
and year), 

6.  Species C1) indicated  at  least  under  its 
hntaniral  name, which may be  given in 
abridged form and without the authori 
ties' names,  in  roman  charaaers. 

7.  Area  of production, 

8.  Declared  net  or  gross  weight  or  de 

clared  number  of pure  seeds, 

75/444/EEC-Art 2(ll)-88/380/EEC-Art 2(20) 

0)  For lupins, h should be specified whether they are biner or 

sweet lupins. 

^ 

75/444/EEC- Art 2(11) 

78/55/EEC -  Art  2(6) 

88/380/EEC -  Art  2(21) 

9.  Where  weight  is  indicated  and  granu 
lated  pesticides, pelleting substances or 
other  solid  additives  are  used,  the  na 
ture  of  the  additive  and  also  the 
approximate  ratio  between  the  weight 
of pure  seed  and  the  total  weight 

'retested 

10.  Where  at  least  germination  has  been 
retested, 
. .. 
the  words 
(month  and year)'; and  the  service  re 
sponsible  for  such  retesting  may be in 
dicated. Such information  may be given 
on  an  official  sticker  attached  to  the 
official  label. 

In  accordance  with  the  procedure  laid  down  in 
Article  25  (2),  Member  States  may  be  released 
from  the  requirement  to  indicate  the  botanical 
name in  respea  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. 

(c)  For  mixtures of  seed: 

75/444/EEC-Art 2(11) 

1. 

'Mixture  of  seed  for  . . .'  (intended 
use), 

2.  Authority  responsible  for  sealing  and 

Member  State  or  their initials, 

3.  Reference  number  of  lot, 

4.  Month  and  year  of  sealing  expressed 
thus: 'sealed  ...'  (month  and year), 

78/692/EEC -  Art 2(7) 

75/444/EEC-Art 2(11) 

88/380/EEC -  Art  2(22) 

5.  Percentage  by  weight  of  the  various 
components  shown  by  species  and, 
where  appropriate,  by variety  bfithjrjt 
cheated  at  least  in  roman  charaaers: it 
is  sufficient  to  give  the  name  of  the 
mixture if the percentage by weight has 
been notified  in writing to the purchas 
er  and  officially  recorded, 

6.  Declared  net  or  gross  weight  or  de 

clared  number  of pure  seeds, 

7.  Where  weight  is  indicated  and  granu 
lated pesticides, pelleting substances or 
other  solid  additives  are  used,  the  na 
ture  of  the  additive  and  also  the 
approximate  ratio  between  the  weight 
of pure  seed  and  the total weight, 

SlC,Cf 

78/55/EEC -  A rt  2(7) 

the  words 

Where  at  least  germination  of  all  the 
components  of  the  mixture  has  been 
retested, 
. .. 
(month  and  year)'  and  the  service  re 
sponsible  for  such  re te sting  may  be  in 
dicated.  Such  information  may be  given 
on  an  official  sticker  attached  to  the 
official  label. 

'retested 

EL  Minimum  dimensions 

110  x  67  mm. 

75/444/EEC-Art  2(11) 

]3.  Supplier's  label  or  information  on  the  packaging 

(small  EEC  package) 

Information  required 

(a)  Certified  seed: 

1. 

'Small  EEC  B  package', 

2.  Name  and  address  of  the  supplier  responsi 
ble  for  marking  or  his  identification  mark, 

3.  Officially  assigned  serial  number, 

4. 

Service  which  assigned  the  serial  number 
and  name  of  Member  State  or  their  initials, 

5.  Reference  number  if  the  official  serial  num 
ber  does not  enable  the  certified  seed  lot  to 
be  identified, 

6. 

Species,  indicated  at  least  in  roman  charac 
ters. 

88/380/EEC -  A rt  2(24) 

7.  Variety,  indicated  at  least  in  roman  charac-

88/380/EEC -  A rt  2(25) 

tejs, 

8. 

'Certified  seed', 

9.  Net  or  gross  weight  or  number  of  pure 

seeds, 

10.  Where  weight  is  indicated  and  granulated 
pesticides,  pelleting substances,  or  other  sol 
id  additives  are  used,  the  nature  of  the  ad 
ditive  and  also  the  approximate  ratio  be 
tween  the  weight  of  pure  seed  and  the  total 
weight 

11.  For  seed  of  grass  varieties  which  have  not 
been  subjected  to  tests  for  their  cropping 
value  and  use  in  accordance  with  Article  4 
(2)  (a)  Directive  95/.. ./EC  concerning  the 
common  catalogue:  'not  intended  for  the 
production  of  fodder  plants'. 

[70/457/EEC] 

•AtiÇ 

(b)  Commercial  seed: 

75/444/EEC-Art  2(11) 

1. 

'Small  EEC  B  package', 

2.  Name  and  address  of  the  supplier  responsi 
ble  for  marking  or  his  identification  mark, 

3.  Officially  assigned  serial  number, 

4.  Service  which  assigned  the  serial  number 
and  name  of  Member  State  or  their  initials, 

5.  Reference  number  if the  official  serial  num 
ber  does  not  enable  the  admitted  seed  lot 
to  be  identified, 

6.  Species (*), indicated  at  least  in  roman  char 

88/380/EEC -  Art  2(26) 

acters. 

7. 

'Commercial  seed', 

8.  Net  weight  or  gross  weight  or  number  of 

pure  seeds, 

9.  Where  weight  is  indicated  and  granulated 
pesticides, pelleting  substances, or  other  sol 
id  additives  are  used,  the  nature  of  the  ad 
ditive  and  also  the  approximate  ratio  be 
tween  the  weight  of  pure  seeds  and  the 
total  weight 

(c)  Seed  mixtures: 

1. 

'Small  EEC  A  package'  or  'small  EEC  B 
package', 

2.  Name  and  address  of  the  supplier  responsi 
ble  for  marking  or  his  identification  mark, 

3. 

4. 

Small EEC B package: officially  assigned  se 
rial  number, 

Small  EEC  B  package:  service  which  as 
signed 
the  serial  number  and  name  of 
Member  State  or  their  initials, 

5.  Small  EEC  B  package:  reference  number  if 
the  official  serial  number  does  not  enable 
the  used  seed  lots  to  be  identified, 

6.  Small  EEC  A  package:  reference  number 
enabling  the  used  seed  lots  to  be  identified, 

7.  Small  EEC  A  package:  Member  State  or  its 

initials, 

8. 

'Seed-mixturë  for  . ..  (intended  use)', 

9.  Net  weight  or  gross  weight  or  number  of 

pure  seeds, 

t1)  For lupins, it should be specified whether they are bitter or 

sweet lupins. 

ALf6 

75/444/EEC -  Art 2(11) 

88/380/EEC -  Art. 2(27) 

10.  Where  weight  is  indicated  and  granulated 
pesticides, peileting substances, or ether sol 
id  additives are  used,  the  nature  of  the  ad 
ditives  and  also  the  approximate  ratio  be 
tween  the weight of pure seed  and the  total 
weight 

11.  Percentage  by weight of the various compo 
nents  shown  by  species  and,  where  ap 
propriate,  by variety  both  indicated  at  least 
in  roman  charaaers:  it  is  sufficient  to  give 
part  of  this  information,  as  Member  States 
may prescribe  for  small  packages  produced 
in  their  territory,  and  a  reference  to  the 
kind  of mixture  if  the proportion  by weight 
can  be  communicated  to  the  purchaser  on 
request  and  has been  offidally  recorded. 

ACfY 

ANNEXV 

88/380/EEC -  Art  2(28) 

66/401/EEC -  IV 

8.  11. 1995 

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  inspeaion  and 

Member  States  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 charac 
ters, 

—  variety,  indicated  at  least  in  roman  charaaers, 

— 

category, 

—  field  or  lot  reference  number, 

—  declared  net  or  gross  weight, 

— 

the  words  'seed  not  finally  certified'. 

In accordance with the procedure laid down in Article 
25  (2),  Member  States  may  be  released  from  the  re 
quirement  to  indicate  the  botanical  name  in  respea 
of  individual  species  and, where  appropriate, for  lim 
ited  periods  where  it  has  been  established  that  the 
disadvantages  of  its  implementation  outweigh  the  ad 
vantages  expeaed  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  charac 
ters, 

—  variety,  indicated  at  least  in  roman  charaaers, 

— 

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, 

—  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, 

Aqg 

attestation  that  the  conditions  to  be  satisfied  by 
the  crop  from  which  the  seed  comes  have  been 
fulfilled, 

where  appropriate,  results  of  a  r^elirninary  seed 
analysis. 

88/380/EEC -  Art  2(28) 

^ 

ANNEX  VI 

Part A 

Repealed  Directives 
(referred  to by Article 28) 

only Artide  2 
only concerning  references  made to Artides  1 and  2 
on the  provisions of Directive  66/401/EEC 
only Artide  2 
only Artide  2 
only Artide  2 
only Artide  2 

only Artide  2 
only Artide  1 
only Artide  1 
only Artide  1 

only Artide  1 
only Artide  2 
only Artide  1 
only Artide  1 
only Artide  2 
only Artide  1 
only Artide  2 
only Artide  2 

only concerning references  made to Artide  2 and  to 
Annex  II  (I)  (2)  (a) on  the provisions  of Directive 
66/401/EEC 

Directive  66/401/EEC 
and  its successive  amendments 

Directive  69/63/EEC 
Directive  71/162/EEC 
Directive 72/274/EEC 

Directive 
Directive 
Directive 
Direaive 
Directive 
Directive 
Direaive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Direaive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 

72/418/EEC 
73/438/EEC 
75/444/EEC 
78/55/EEC 
78/386/EEC 
78/692/EEC 
78/1020/EEC 
79/641/EEC 
79/692/EEC 
80/754/EEC 
81/126/EEC 
82/287/EEC 
85/38/EEC 
86/155/EEC 
87/120/EEC 
87/480/EEC 
88/332/EEC 
88/380/EEC 
89/100/EEC 
90/654/EEC 

Directive  92/19/EEC 

ACQ 

PartB 

Deadlines for transposition into national law 

(referred to by Artide 28) 

Directive 

Deadline for transposition 

66/401/EEC (OJ  No  125, 11. 7. 1966, p. 2298/66) 

69/63/EEC (OJ  No  L 48, 26. 2. 1969, p. 8) 
71/162/EEC (OJ  No L  87, 17. 4.  1971, p. 24) 

72/274/EEC (OJ  No L  171, 29. 7. 1992, 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) 
78/386/EEC (OJ  No L  113, 25. 4. 1978, p. 1) 

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 1  183, 19. 7. 1979, p. 13) 
79/692/EEC (OJ  No L 205, 13. 8.1979, p. 1) 
80/754/EEC (OJ  No L  207, 9. 8. 1980, p. 36) 
81/126/EEC (OJ No L  67, 12. 3. 1981, p. 36) 
82/287/EEC (OJ  No L  131, 13. 5. 1982, p. 24) 

85/38/EEC (OJ  No L  16, 19. 1. 1985, p. 41) 
86/155/EEC (OJ  No L  118, 7. 5. 1986, p. 23) 

87/120/EEC (OJ  No L 49, 18. 11  1987, p. 39) 
87/480/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 1  187, 16. 7. 1988, p. 31) 

89/100/EEC (OJ  No L  38, 10. 2. 1989, p. 38) 
90/654/EEC (OJ  No L  353, 17. 12. 1990, p. 48) 
92/19/EEC ( OJ  No L  104, 22. 4.  1992, p. 61) 

1  Jury 1968 (Artide  14 (1)) 
1 July  1969 (other  provisions) W (2> (3) 
1 Jury  1969 <*) 
1 July  1970 (Artide  2 (9)) 
1 July  1972 (Artide  2 (7) and  (17)) 
1  July  1971 (other  provisions) (*) 
1 Jury  1972 (Artide  1) 
1  January  1973 (Artide  2) 
1  Jury 1973 
1  July 1973 (Artide  2 (4)) 
1  January  1974 (Artide  2 (3) and  (5)) 
1  July  1974 (other  provisions) 
1  Jury 1975 (Artide  2 (10)) 
1  Jury 1980 (Artide  2 (6)) (4) 
1  July  1977 (other  provisions) 
1  Jury 1979 
I January  1981 (Artide  1 W <5) and  (2) <6)) 
1  Jury  1980 (other  provisions) 
1  Jury 1977 
1 Jury 1977 
1  Jury 1980 
1  January 1980 
1  July 1980 
1  January 1981 
1  January  1984 (Artide  2) 
1 January  1983 (other  provisions) 
1  January 1986 
1  March  1986 (Artide  1 (2)) 
1  Jury  1987 (other  provisions) 
1  June  1988 
1  Jury 1990 

1  Jury  1992  (Artide  2  (8),  (17),  (20),  (28);  (7)  and 
Artide  2 (10)) 
1  Jury  1990 (other  provisions) 

1 January 1990 

30 June  1992 

( *)  For Denmark, Ireland and the United Kingdom, 1 Jury 1973 for Artide 14 (1), 1 July 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 fodder plant seed 

for the spedes Lolium  mukiflorum Lam, loUumperenne L, and Vicia sativa  L, and 1 January 1991 for other spedes. 

SL-Ç1 

(3)  1  January 1995 for Austria, Finland and Sweden. 

However: 

- 

- 

- 

Finland shall be allowed to maintain until 31 December 1996 at the latest its national scheme of seed production relating to the 
marketing in its territory of seed of the category 'commercial seed' ('Kauppasiemen'/'handelsutsâde') as denned in the existing 
Finnish legislation. 
Seed shaU not be introduced into the territoiy 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 shaU apply from accession those provisions of the Directive which ensure access for material complying with the Direc 
tive to marketing in its territory. 

(4)  Omcernmg Artide  11 (l)(b). 
(s)  Concerning Annex I (3) and (4). 
(6)  Concerning Annex n, Section  1 (1) and Section 2(1). 
C7)  In so far as these provisions require the botanical name of a species to be indicated on the label of seed. 

AS°L 

ANNEX  VII 

CORRELATION  TABLE 

Directive  66/401/EEC 

This  Directive 

Artide 1 
Artide  18 
Artide 2 (1) 
Artide 2  (la) 
Artide 2  (lb) 
Artide 2 (lc) 
Artide 2 (Id) 
Artide 2 (2) 
Artide 3 
Artide 4 
Artide 5 
Artide 6 
Artide 7 
Article 8 
Artide 9 
Artide 10 
Artide  10a 
Artide 10b 
Artide  10c 
Article 11 
Artide 12 
Article 13 
Article 13a 
Artide  14 (1) 
Artide  14 (la) 
Article 14 (2) 
Article 14 (3) 
Article 15 
Artide  16 

Article 17 
Artide 19 
Artide 20 
Artide 21a 
Artide 21 
Artide 22 
Artide 23a 

Artide  1,1st subparagraph 
Article 1, 2nd subparagraph 
Artide 2 (1) 
Artide 2 (2) 
Article 2 (3) 
Artide 2 (4) 
Artide 2 (5) 
Artide 2 (6) 
Artide 3 
Artide 4 
Artide 5 
Artide 6 
Artide 7 
Article 8 
Artide 9 
Artide  10 
Artide 11 
Artide  12 
Artide  13 
Artide 14 
Artide 15 
Artide 16 
Artide  17 
Artide  18 (1) 
Artide 18 (2) 
Artide 18 (3) 
Article 18 (4) 
Artide 19 
Article 20 (1) 
Artide 20 (2) 
Artide 21 
Artide 22 
Article 23 
Artide 24 
Artide 25 
Article 26 
Artide 27 
Artide 28 
Artide 29 
Article 30 

AS~*> 

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(0(b)(1) 
(0(b)(2) 
(0(b)(3) 
0) (b)(4) 
(0(b)(5) 
(0(b)(6) 
0)  (b)(7) 
(0(b)(8) 
(0(b)(9) 
(0(b) (10) 
(0(c)(1) 
(0(c)(2) 
0) (c)(3) 
(0(c)(4) 
(0(c)(5) 
0)  (c)(6) 
(0(c)(7) 
(0(c)(8) 
00 

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ISSN 0254-1475 

COM(95) 622 final 

DOCUMENTS 

EN 

02  03 

Catalogue number  :  CB-CO-95-665-EN-C 

ISBN 92-77-97237-8 

Office for OfGcial Publications of the European Communities 

L-2985 Luxembourg 

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