Proposal for a COUNCIL DIRECTIVE amending Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed
Date: 1996-04-02
Institutions: European Commission
Subjects: labelling, marketing, packaging, seed, seedling

«V  •&  +, 

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  02.04.1996 
COM(%)  127  iinaJ 

96/0099 (CNS) 

Proposal  lor a 

COUNCIL  D1REC1 1VH 

amending Council Directives 66/400/EEC, 66/40a/Er;c, 

66/402/EEC, 66/403/EEC, 69/208/EEC and 70/458/EEC on the marketing of beet 
seed,  fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre 
plants and vegetable seed 

(presented  by  the  Commission) 

_  > i^  -

EXPLANATORY  MEMORANDUM 

Council  Directives  66/400/EEC1,  66/401/EEC2,  66/402/EEC3,  66/403/EEC4, 
69/208/EEC\  70/457/EEC6  and  70/458/H:EC' on  the  marketing  of  beet  seed, 

fodder  plant  seed,  cereal  seed,  seed  potatoes,  seed  of  oil  and  fibre 

plants  and  vegetable  seed  and  on  the  common  catalogue  of  varieties  of 

agricultural  plants  respectively  arc  currently  in  the  process  of  being 

officially  consolidated.  Commission  proposals  to  this  end  have  been 

made  to  the  Council. 

The  said  Directives  are also  currently  the  subject  of  a  Commission 
proposal  to  the Council  (COM(93)598  final)8.  The proposal  makes 

numerous  amendments  to  the Directives  in order,  inter  alia,  to  update 

them  and  bring  them  into  line with  the  single  market  concept. 

All  the  Directives,  with  the  exception  of  Directive  70/457/EEC,  contain 

references  to  the  abbreviation  "EEC"  in  certain  provisions  relating  to 

packages  and  labelling. 

The  Treaty  on  European  Union  replaced  the  term  "European  Economic 

Community"  by  the  term  "European  Community";  the  same  should  now  be 

done  in  the  relevant  provisions  in  the  said  Directives. 

Even  if  this  could  be  regarded  as  a purely  formal  amendment,  Member 

States  must  nonetheless  transpose  it  into  national  legislation  if 

labels  bearing  "EC" rather  than  "EEC" are  to be  used.  Moreover,  there 

could  be  a  financial  impact  if  the rew  labels  had  to be  used  forthwith. 

A  period  should  therefore  be  fixed,  during  which  labels  bearing  the 

abbreviation  may  still be  used. 

OJ  No  125,  11.7.1966, p.2290/66 

OJ  No  125,  11.7.1966, p.2290/66 

OJ  No  125,  11.7.1966, p.2309/66 

OJ  No  125,  11.7.1966, p.2320/66 

OJ  No  L169,  10.7.1969, p.3 

OJ  No  L225.  12.10.1970, p.l 

OJ  NO  L225,  12.10.1970,  p.7 

OJ No  C  29,  31.01.1994, p.  1 

- 2 4X _ 

For these reasons, and since a consolidating directive does not need to 
be transposed, the consolidated directives being presumed to have been 
transposed within the time limit alLowed, it would not be possible to 
incorporate this amendment  in the legislative consolidation proposal as 
a purely formal adjustment. 

The present proposal therefore amends the said Directives, by replacing 
the abbreviation  "EEC" by the abbreviation  "EC" in the relevant 
provisions.  It also allows a transitional period during which labels 
still bearing the abbreviation  "EEC" may continue to be used. 

It is intended that following the adoption of the proposal which is 
currently before the Council  (COM(9*)598 final) and the adoption of 
this proposal, all the amendments should be incorporated  in the 
legislative consolidation proposals relating to the 7 directives 
mentioned  in paragraph 1 above whicli the Commission has proposed  to the 
Council. 

There are no subsidiarity implications given that the proposal is based 
on Article 43 of the Treaty establishing the European Community and 
thus falls within the exclusive competence of the Community. 
Furthermore, the proposal is compatible with the principle of 
proportionality laid down in the third paragraph of Article 3b of the 
above mentioned Treaty, taking into account the fact that it only 
adapts the existing terminology to that which has been introduced by 
the Treaty on European Union. 

- A -

Proposal  for a 
Council Directive amending Council Directives 66/400/EEC, 66/401/EEC, 
66/402/EEC, 66/403/EEC," 69/208/EEC and 70/4 58/EEC on the marketing of beet 
seed,  fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre 
plants and vegetable seed 

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 Commission1 

Having regard to the opinion of the European Parliament2, 

Having  regard to the opinion of the Economic and Social Committee3 
Whereas Article G of the Treaty on European Union replaced the term 
"European Economic Community" by the term  "European Community"; whereas the 
abbreviation  "EEC" should therefore be replaced by the abbreviation "EC"; 

Whereas the abbreviation  "EEC" appears  in certain provisions of Council 
Directives  66/400/EEC4, 66/401/EEC5, 66/402/EEC6, 66/403/EEC7, 69/208/EEC8 
and  70/458/EEC9 on the marketing of beet  seed, fodder plant seed, cereal 
seed, seed potatoes, seed of oil and fibre plants and vegetable seed and in 
particular  in relation to packages and the labelling of seeds; whereas it 
is therefore appropriate to replace the abbreviation  "EEC" by the 
abbreviation  "EC" in the said provisions; 

OJ No 125, 11.07.1977, p. 2290/66, directive as last amended by the 
Treaty of Accession of Austria, Finland and Sweden 
OJ No 125, 11.07.1977, p. 2298/66, directive as last amended by the 
Treaty of Accession of Austria, Finland and Sweden 
OJ No 125, 11.07.1966, p. 2309/66, directive as last amended by 
Directive  95/6/EC  (OJ No L 67, 25.0^.1995, p. 30) 
OJ No  125, 11.07.1966, p. 2320/66, directive as last amended by 
Decision 96,/16/EC  (OJ No L 6, 09.01  1996, p. 19) 
OJ No L 169, 10.07.1969, p. 3, directive as last amended by the Treaty 
of Accession of Austria, Finland and Sweden 
OJ No L 225, 12.10.1970, p. 7, directive as last amended by the Treaty 
o£ Accession of Austria, Finland and Sweden 

- 2 -

Whereas, however, large stocks of labels are usually ordered in advance and 
those still bearing the abbreviation  "EEC" should, for a phasing in period, 
continue to be allowed to be used; 

HAS ADOPTED THIS DIRECTIVE: 

Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC and 
70/458/EEC are amended as follows: 

Article 1 

1.  In Directive 66/400/EEC the abbreviation  "EEC" in Articles 2.1.G; 

10(1);  10(2);  10(3);  11(1);  lla(l);  lla(2);  lib; 14(1) second indent ; 
Annex III A, 1.1 and Annex III B, title and point 1, is replaced by the 
abbreviation  "EC". 

2.  In Directive 66/401/EEC, the abbreviation  "EEC" in Articles 2.1 F; 

2.1 G; 9(1); 9(2); 9(3); 10(1); 10a (1) and  (2); 10b, 13(3); 14(1) third 
indent; Annex IV A, l(a)l; Annex IV, A, l(b)l; Annex IV B, title ; 
Annex IV B(a)l; Annex IV B(b)l, and Annex B(c), 1, 3, 4, 5, 6 and 7, is 
replaced by the abbreviation "EC". 

3.  In Directive 66/402/EEC, the abbreviation  "EEC" in Annex IV A,  (a)1 is 

replaced by the abbreviation "EC". 

4.  In Directive 66/403/EEC, the abbreviation  "EEC" in Annex III, A,  1, is 

replaced by the abbreviation "EC". 

5.  In Directive 69/208/EEC, the abbreviation  "EEC" in Annex IV, A,  (a) 1 

and Annex IV, A,  (b) 1 is replaced by the abbreviation "EC". 

6.  In Directive  70/458/EEC the abbreviation  "EEC" in Article  25(1); 

Annex IV, A,  (a) , 1 and Annex IV, B,  (a) 1, is replaced by the 
abbreviation "EC". 

Remaining stocks of labels bearing the abbreviation  "EEC" may continue to 
be used until 31 December 1996. 

Article 2 

- 3 

Article  3 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  or 

administrative  provisions  necessary  to  comply  with  this  Directive  by 

1  July  1996. They  shall  forthwith  inform  the  Commission  thereof. 

When  Member  States  adopt  these  measures,  they  shall  contain  a  reference 

to  this  Directive  or  shall  be  accompanied  by  such  reference  on  the 

occasion  of  their  official  publication.  The  methods  of  making  such  a 

reference  shall  be  laid  down  by  the  Member  States. 

2.  Member  States  shall  immediately  communicate  to  the  Commission  all 

provisions  of national  law  which  they  adopt  in  the  field  governed  by 

this  Directive. The  Commission  shall  inform  the  other  Member  States 

thereof. 

This  Directive  shall  enter  into  force  on  the  twentieth  day  following  its 

publication  in  the Official  Journal  of  the  European  Communities. 

Article- 4 

This  Directive  is addressed  to  the Member  States. 

Article  5 

Done  at  Brussels, 

For  the  Council 

BSN 0254-1475 

COM(96) 127 final 

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