Amended proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plants
Date: 1997-12-19
Institutions: European Commission
Subjects: agricultural product nomenclature, crop production, genetically modified organism, marketing, single market

•;*!•,I  tjf^àijtigi 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  19.12.1997 
COM(97) 690 final - CNS 808 

Amended proposal  for a 

COUNCIL  DIRECTIVE 

amending  Directives  66/400/EEC,  66/401/EEC,  66/402/EEC,  66/403/EEC, 

69/208/EEC,  70/457/EEC  and  70/458/EEC  on the marketing  of beet  seed, 

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

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

agricultural  plants 

(presented  by the Commission  pursuant to Article  189 a (2) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

At  its session  of  15 July  1997, the European  Parliament  delivered  its 

opinion  on the Commission proposal  contained  in Document 

COM(93)598  final, concerning  a proposal  for a Council  Directive 

amending  Directives  66/400/EEC,  66/401/EEC,  66/402/EEC,  66/403/EEC, 

69/208/EEC,  70/457/EEC  and 70/458/EEC on the marketing  of beet  seed, 

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

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

agricultural plants. 

The present  amended proposal  takes into account  the  amendments 

suggested  by the European  Parliament  on which  the Commission  has  taken 

a  favourable position, namely amendments  1, 2, 20, 21, 5,  6,  7,  9, 10, 

11,  22, 23, 24, 25, 16 and 25. Amendment  8 was withdrawn  in discussions 

before the  session  on 15 July 1997. 

Amended  proposal  for a Council  Directive  amending  Directives 

66/400/EEC,  66/401/EEC,' 66/402/EEC,  66/403/EEC,  69/208/EEC,  70/457/EEC 

and  70/458/EEC  on the marketing  of beet  seed,  fodder plant  seed,  cereal 

seed,  seed potatoes, seed of oil and  fibre plants and vegetable  seed 

and on the  common  catalogue  of varieties of agricultural  plants 

In response  to the opinion delivered by the European  Parliament  at its 

plenary  session  of  14 to 18 July  1997 on the proposal  for a Council 

Directive presented  en 26 November  1993 amending  Directives  66/400/EEC, 

66/401/EEC,  66/402/EEC,  66/403/EEC,  69/208/EEC, 70/457/EEC  and 

7C/458/EEC on the marketing  of beet seed,  fodder plant  seed,  cereal 

seed,  seed potatoes, seed of oil and  fibre plants  and vegetable  seed 

and en the common  catalogue  of varieties  of agricultural  plants, and in 

accordance  with Article  189(2) (a) of the EC Treaty the Commission  has 

decided  to amend  the aforementioned  proposal  as follows: 

1. The  third  recital  is replaced by the  following: 

"Whereas  for the  same  reasons, the scope of the said  Directives 

should be  enlarged to cover  the production  and marketing  of seed;". 

2 . The eighteenth  recital  is replaced by the ' following : 

"Whereas  it  is essential  to ensure  that genetic  resources  are 

conserved;  whereas  a legal basis to that end should be  introduced  to 

permit  -within the  framework  of legislation  on the seed trade, the 

conservation,  by use in situ,-of varieties threatened with  genetic 

erosion;". 

3. The  following  recital  is added  after the last recital: 

"Whereas a legal basis  to establish  conditions under which  seed 

suitable  for  organic  growing may be marketed  should be  introduced;". 

4. Article  1(1}  is replaced by the  following: 

"1. Article  1 is replaced  by the  following: 

"This  Directive  shall  apply to the production with  a view to 

marketing  and  the marketing  of beet  seed within  the Community."" 

5. The  following  paragraph  is added  after Article 1(1): 

"1(a) 

The  following Article  is added  after Article 1: 

"Article la 

For the purposes of this Directive  "marketing*  means the 

sale, holding with  a view to sale, offer  for sale and any 

disposal,  supply or transfer of  seed to third parties, 

whether  or not  for consideration, aimed  at  commercial 

exploitation. 

Trade in seed not aimed at commercial  exploitation of the 

variety, such as the following operations, shall not be 

regarded  as marketing: 

the supply of seed to official testing  and  inspection 

bodies; 

the supply of seed to providers of  services  for 

processing  or packaging, provided  the provider of 

services does not acquire title to seed thus 

supplied. 

The supply of seed under certain  conditions to providers of 

services  for seed propagation  or production of an 

agricultural  raw material  shall not be regarded  as 

marketing, provided  the provider of  services does not 

acquire title to either the seed thus supplied  or the 

product of the harvest. 

The conditions  for the application  of this provision  shall 

be determined  in accordance with the procedure  laid down in 

Article 21."" 

6. Article  1(6) is replaced  by the  following: 

"6.The following  article  is inserted  after Article 4: 

"Article 4a 

1. 

Notwithstanding  the provisions of Article  3(1) Member 

States may authorise producers on their own territory  to 

place on the market  appropriate  quantities of seed  for 

testes,  scientific purposes or  selection work. 

2. 

The conditions under which Member States may grant  such 

authorizations may be determined  in accordance with the 

procedure  laid down in Article  21."" 

7. The following paragraph  is added after Article  1(12): 

"12a 

The following article  is added after Article 12: 

"Article 12a 

In the case of seed of a variety which has been  genetically 

modified, any  label or document, official or otherwise, 

which  is affixed to or accompanies the seed  lot, under the 

provisions of this directive, shall clearly  indicate 

that the variety has been genetically  modified."" 

8. Article  1(20) is replaced by the following: 

"20. 

Article  17 is replaced by the following: 

1. 

In order to remove any temporary difficulties  in the 

general  supply of basic or certified  seed that  occur 

in the Community and cannot be otherwise overcome, it 

may be decided  in accordance with the procedure  laid 

down  in Article 21 that Member States shall permit, 

for a specified  period, the marketing throughout  the 

Community, of seed of a category  subject to  less 

stringent requirements, or of seed of varieties not 

included  in the  "Common Catalogue of Varieties of 

Agricultural  Plant Species" or in the  national 

catalogues of varieties of the Member  States; the 

marketing  shall be confined to purposes of use of the 

seed by growers of beet who are affected  by  those 

difficulties  in all or part of the Community. 

2. 

For a category of seed of any given variety, the 

official  label shall be that provided  for the 

corresponding  category; in all other cases  it shall 

be that provided  for commercial  seed. The  label  shall 

always  state that the seed  in question  is of a 

category  satisfying  less stringent requirements. 

The Member  States shall ensure that official  labels 

are issued only  for the amount of  seed permitted  for 

marketing  pursuant to paragraph  1. 

3. 

Rules for the application of paragraph 1 may be 

adopted in accordance with the procedure laid down in 

Article 21."" 

9. Article 1(21) ia replaced by the following: 

"21. 

Article 19(1) is replaced by the following: 

"1..  Member States shall ensure that official inspections 

are carried out in relation to the marketing of beet 

seed, at least by random checks, to verify compliance 

with the requirements of this Directive."" 

10.Article 2(1) is replaced by the following: 

"1. Article 1 is replaced by the following: 

"This Directive shall apply to the production with a view to 

marketing and the marketing of fodder plant seed within the 

Community."" 

11.The following paragraph is added after Article 2(1): 

"1(a) 

The following article is added after Article 1: 

"Article la 

For the purposes of this Directive "marketing' means the 

sale, holding with a view to sale, offer for sale and any 

disposal, supply or transfer of seed to third parties, 

whether or not for consideration, aimed at commercial 

exploitation. 

Trade in seed not aimed at commercial exploitation of the 

variety, such as the following operations, shall not be 

regarded as marketing: 

the supply of seed to official testing and inspection 

bodies; 

the supply of seed to providers of services for 

processing or packaging, provided the provider of 

services does not acquire title to seed thus 

supplied. 

The supply of seed under certain conditions to providers of 

services  for seed propagation or production of an 

agricultural  raw material  shall not be regarded  as 

marketing, provided the provider of services does not 

acquire title to either the seed thus supplied  or the 

product of the harvest. 

The conditions  for the application of this provision  shall 

be determined  in accordance with the procedure  laid down  in 

Article 21."" 

12.Article 2(15) is replaced by the following: 

"15. 

The  following  article  is inserted  after Article 4: 

"Article 4a 

1. 

Notwithstanding  the provisions of Article  3(1) Member 

States may  authorise producers on their own territory 

to place on the market appropriate  quantities of seed 

for tests, scientific purposes or selection work. 

2. 

The conditions under which Member  States may  grant 

such authorizations may be determined  in accordance 

with the procedure  laid down  in Article 21."" 

13.The following paragraph  is inserted  after Article  2(15): 

"15a. 

The  following article  is inserted  after Article  5: 

"Article 5a 

Member States may restrict the certification of  seed of 

Lupinus  spp., Pisum sativum and Vicia  spp. to that of the 

first generation."" 

14.The following  paragraph  is inserted  after Article  2(19): 

"19a. 

The  following  article  is added  after Article 11: 

"Article 11a 

In the case of seed of a variety which has been  genetically 

modified,  any  label or document, official  or otherwise, 

which  is affixed to or accompanies the seed  lot, under the 

provisions of this directive, shall clearly  indicate 

that the variety  has been genetically modified."" 

15.Article 2(20) is replaced by the following: 

"20. 

Article 13.(2) is replaced by the following: 

"Notwithstanding paragraph 1 Member States may authorize 

their own producers to place on the market fodder plant 

seed in the form of mixtures intended for the production of 

fodder plants provided that 

such mixtures contain seed of plant species listed in 

Council Directives 66/401/EEC, 66/402/EEC or 

69/208/EEC, but excluding those varieties referred to 

in Article 4(2)(a) of Directive 70/457/EEC and 

the various components of the mixture complied, 

before mixing, with the. marketing regulations 

applicable to them."" 

16.Article 2(27) is replaced by the following: 

"27. 

Article 17 is replaced by the following: 

"1.  In order to remove any temporary difficulties in the 

general supply of basic, certified or commercial seed 

that occur in the Community and cannot be otherwise 

overcome, it may be decided in accordance with the 

procedure laid down in Article 21 that Member States 

shall permit, for a specified period, the marketing 

throughout the Community, of seed of a category 

subject to less stringent requirements, or of seed of 

varieties not included in the "Common Catalogue of 

Varieties of Agricultural Plant Species" or in the 

national catalogues of varieties of the Member 

States; thé marketing shall be confined to purposes 

of use of the seed by growers of fodder plants who 

are affected by those difficulties in all or part of 

the Community. 

2. 

For a category of seed of any given variety, the 

official label shall be that provided for the 

corresponding category; in all other cases it shall 

be that provided for commercial seed. The label shall 

always state that the seed in question is of a 

category satisfying less stringent requirements. 

The Member  States shall ensure that official  labels 

are issued only  for the amount of  seed permitted  for 

marketing pursuant to paragraph  1. 

3. 

Rules  for the application of paragraph  1 may be 

adopted  in accordance with the procedure  laid down in 

Article 21."" 

17.Article 2(28) is replaced by the following: 

"28. 

Article  19(1) is replaced by the  following: 

"1. 

Member States shall ensure that official  inspections 

are carried out in relation to the marketing of 

fodder plant  seed, at  least by random  checks, to 

verity  compliance with the requirements of this 

Directive."" 

18.Article 3(1) is replaced by the  following: 

"1. Article  1 is replaced by the  following. 

"This Directive  shall apply to the production with a view to 

marketing  and the marketing of cereal  seed within the 

Community."" 

19.The following paragraph  is added after Article 3(1): 

"1(a) 

The following article is added  after Article  1: 

"Article la 

For the purposes of this Directive  "marketing' means the 

sale, holding with a view to sale, offer  for sale and any 

disposal, supply or transfer of  seed to third parties, 

whether or not  for consideration, aimed  at  commercial 

exploitation. 

Trade  in seed not aimed at commercial  exploitation of the 

variety,  such as the following operations, shall not be 

regarded  as marketing: 

the supply of seed to official testing  and  inspection 

bodies; 

- 

the supply of seed to providers of  services  for 

processing  or packaging, provided  the provider of 

services does not acquire title to seed thus 

supplied. 

The supply  of seed under certain  conditions to providers of 

services  for seed propagation or production of an 

agricultural  raw material  shall not be regarded  as 

marketing, provided the provider of services does not 

acquire title to either the seed thus supplied  or the 

product of the harvest. 

The conditions  for the application of this provision  shall 

be determined  in accordance with the procedure  laid down in 

Article 21."" 

20.Article 3(7) is replaced  by the following: 

"7. The  following  article  is inserted  after Article 4: 

- "Article 4a 

1. 

Notwithstanding  the provisions of Article  3(1) Member 

States may  authorize producers on their own territory  to 

place on the market  appropriate quantities of  seed  for 

tests,  scientific purposes or selection work. 

2. 

The conditions under which Member States may grant  such 

authorizations may be determined  in accordance with  the 

procedure  laid down  in Article 21."" 

21.The following  paragraph  is inserted  after Article  3(12): 

"12a 

The  following  article  is added  after Article 11: 

"Article 11a 

In the case of  seed of a variety which has been  genetically 

modified,  any  label or document, official or otherwise, 

which  is affixed  to or accompanies the seed  lot, under  the 

provisions  of this directive, shall clearly  indicate 

that the variety  has been genetically  modified."" 

10 

22.Article 3(21) is replaced by the following: 

"21. 

Article  17 is replaced by the  following: 

"1. 

In order to remove any temporary difficulties  in the 

general  supply of basic or certified  seed that occur 

in the Community  and cannot be otherwise overcome, it 

may be decided  in accordance with the procedure  laid 

down in Article 21 that Member States shall permit, 

for a specified period, the marketing throughout  the 

Community, of seed of a category  subject to less 

stringent requirements, or of seed of varieties not 

included  in the  "Common Catalogue of Varieties of 

Agricultural  Plant Species" or in the national 

catalogues of varieties of the Member States; the 

marketing  shall be confined to purposes of use of the 

seed by growers of cereals who are affected by 

those difficulties  in all or part of the Community. 

2. 

For a category of seed of any given variety, the 

official  label shall be that provided  for the 

corresponding  category;  in all other cases  it shall 

be that provided  for commercial  seed. The label  shall 

always state that the seed  in question  is of a 

category  satisfying  less stringent requirements. 

The Member  States  shall ensure that official -labels 

are issued only  for the amount of seed permitted  for 

marketing pursuant to paragraph 1. 

3. 

Rules  for the application of paragraph  1 may be 

adopted  in accordance with the procedure  laid down in 

Article 21."" 

23.Article 3(22) is replaced  by the  following: 

"22. 

Article  19(1) is replaced  by the  following: 

"1. 

Member States shall ensure that official  inspections 

are carried  out  in relation to the marketing of 

cereal seed, at least by random checks, to verify 

compliance with the requirements of this Directive."" 

11 

24.Article 4(1) is replaced by the  following: 

"1. Article  1 is replaced by the following: 

This Directive  shall apply to the production with a view to 

marketing  and the marketing of seed potatoes within  the 

Community."" 

25.The following paragraph  is added after Article 4(1): 

"1(a) 

The  following  article  is added  after Article  1: 

"Article la 

For the purposes of this Directive  "marketing1  means the 

sale, holding with a view to sale, offer  for  sale and any 

disposal, supply or transfer of seed potatoes to third 

parties, whether or not  for consideration, aimed  at 

commercial  exploitation. 

Trade  in seed potatoes  not aimed  at commercial  exploitation 

of the variety, such as the following  operations, shall not 

be regarded  as marketing: 

the supply of seed potatoes to official testing  and 

inspection bodies; 

the supply of seed potatoes to providers of  services 

for processing  or packaging, provided  the provider of 

services does not acquire title to seed potatoes  thus 

supplied. 

The supply of seed potatoes under certain  conditions to 

providers of services  for seed potato propagation  or 

production of an agricultural  raw material  shall not be 

regarded  as marketing, provided  the provider  of  services 

does not acquire title to either the seed potatoes  thus 

supplied  or the product of the harvest. 

The conditions  for the application of this provision  shall 

be determined  in accordance with the procedure  laid down in 

Article 19." 

12 

26.Article 4(4) is replaced by the  following: 

"4. The  following  article  is inserted  after Article 4: 

"Article 4a 

1. 

Notwithstanding  the provisions of Article 3(1) Member 

States may authorise producers on their own territory  to 

place on the market  appropriate quantities of seed potatoes 

for tests, scientific purposes or selection work. 

2. 

The conditions under which Member States may grant  such 

authorizations may be determined  in accordance with the 

procedure  laid down  in Article 21."" 

27.The following paragraph  is inserted  after Article 4(9): 

"9a. 

The  following  article  is added  after Article 11: 

"Article  11a  . 

In the case of seed potatoes of a variety which has been 

genetically modified, any  label or document, official  or 

otherwise, which  is affixed  to or accompanies the seed lot, 

under the provisions of this directive, shall  clearly 

indicate that the variety  has been genetically  modified."" 

28.Article 4(17) is replaced  by the  following: 

"17. 

Article  16 is replaced by the  following: 

"1. 

In order to remove any temporary difficulties  in the 

general  supply of basic or certified  seed  potatoes 

that occur  in the Community  and cannot be otherwise 

overcome,  it may be decided  in accordance with the 

procedure  laid down in Article  19 that Member  States 

shall permit, for a specified period, the marketing 

throughout  the Community, of seed potatoes of a 

category  subject to  less stringent  requirements, or 

of  seed potatoes of varieties not  included  in the 

"Common Catalogue of Varieties of Agricultural  Plant 

Species" or  in the national catalogues  of varieties 

of the Member States; the marketing  shall be  confined 

to purposes of use of the seed potatoes by growers of 

potatoes who are affected by those difficulties  in 

all or part of the Community. 

13 

2. 

For a category  of seed potatoes of any given variety, 

the official  label shall be that provided  for the 

corresponding  category;  in all other  cases  it shall 

be that provided  for commercial  seed potatoes. The 

label shall always state that the seed potatoes  in 

question are of a category  satisfying  less  stringent 

requirements. 

The Member States shall ensure that official  labels 

are issued only  for the amount of  seed  potatoes 

permitted  for marketing pursuant to paragraph  1.. 

3. 

Rules for the application of paragraph  1 may be 

adopted  in accordance with the procedure  laid down in 

Article 19."" 

29.Article 4(18) is replaced by the  following: 

"18. 

Article  18(1) is replaced by the  following: 

"1. 

Member  States shall ensure that official  inspections 

are carried out  in relation to the marketing, of seed 

potatoes, at least by random  checks, to verify 

compliance with the requirements of this Directive."" 

30.Article 5(1) is replaced by the following: 

"1. Article  1 is replaced  by the  following: 

"This Directive  shall apply to the production with a view to 

marketing  and the marketing  of seed of oil and  fibre plants 

within the Community  and  intended  for agricultural  production but 

excluding use for ornamental purposes."" 

31.The following paragraph  is added after Article 5(1): 

"1(a) 

The following  article  is added  after Article 1: 

"Article la 

For the purposes of this Directive  "marketing' means the 

sale, holding with a view to sale, offer  for sale and any 

disposal, supply or transfer of  seed to third parties, 

whether or not  for consideration, aimed  at  commercial 

exploitation. 

14 

Trade  in seed not aimed at commercial exploitation  of the 

variety, such as the following operations, shall not be 

regarded  as marketing: 

the supply of seed to official testing  and  inspection 

bodies; 

the supply of seed to providers of services  for 

processing or packaging, provided the provider of 

services does not acquire title to seed thus 

supplied. 

The  supply of  seed under certain conditions to providers of 

services  for seed propagation or production of an 

agricultural  raw material  shall not be regarded  as 

marketing, provided  the provider of services does not 

acquire title to either the seed thus supplied  or the 

product  of the harvest. 

The conditions  for the application of this provision  shall 

be determined  in accordance with the procedure  laid down  in 

Article 20."" 

32.Article 5(7) is replaced  by the following: 

"7. The  following  article  is inserted  after Article 4: 

"Article 4a 

1. 

Notwithstanding  the provisions of Article  3(1) and  (2) 

Member  States may  authorise producers on their own 

territory  to place on the market  appropriate quantities of 

seed  for tests, scientific purposes or selection work. 

2. 

The conditions under which Member States may grant  such 

authorizations may be determined  in accordance with the 

procedure  laid down in Article 20."" 

15 

33.The following paragraph  is inserted  after Article  5(10): 

"10a 

The following article  is added  after Article 11: 

"Article  11a 

In the case of seed of a variety which has been  genetically 

modified, any label or document, official or otherwise, 

which  is affixed to or accompanies the seed  lot, under the 

provisions of this directive, shall clearly  indicate 

that the variety has been genetically  modified."" 

34.Article 5(16) is replaced by the following: 

"16. 

Article  16 is replaced by the  following: 

"1. 

In order to remove any temporary difficulties  in the 

general  supply of basic or certified  seed that occur 

in the Community  and cannot be otherwise overcome, it 

may be decided  in accordance with the procedure  laid 

down in Article 20 that Member States shall permit, 

for a specified period, the marketing  throughout  the 

Community, of seed of a category  subject to  less 

stringent requirements, or of seed of varieties not 

included  in the  "Common Catalogue of Varieties of 

Agricultural  Plant Species" or  in the  national 

catalogues of varieties of the Member  States; the 

marketing  shall be confined to purposes of use of the 

seed by growers of oil and  fibre plants who are 

affected by those difficulties  in all or part of the 

Community. 

2. 

For a category of seed of any given variety, the 

official  label shall be that provided  for the 

corresponding  category;  in all other cases it shall 

be that provided  for commercial  seed. The  label  shall 

always state that the seed  in question  is of a 

category  satisfying  less stringent requirements. 

The Member States shall ensure that official  labels 

are issued only  for the amount of seed permitted  for 

marketing pursuant to paragraph  1. 

16 

3. 

Rules  for the application of paragraph  1 may be 

adopted  in accordance with the procedure  laid down in 

Article 20."" 

35.Article 5(17) is replaced by the following: 

"17. 

Article  18(1) is replaced by the  following: 

"1. 

Member States shall ensure that official  inspections 

are carried out in relation to the marketing  of  seed 

of oil and  fibre plants, at least by random checks, 

,to verify compliance with the requirements of this 

Directive."" 

36.Article 6(1) is replaced by the following: 

"1. The  following paragraphs  are added  after Article 4(3): 

"4. 

In the case of a genetically modified  variety within the 

meaning of Article 2(1) and  (2) of Directive  90/220/EEC on 

the deliberate release into the environment  of  genetically 

modified  organisms, the variety  shall only be accepted  if 

it is safe for human health and the environment. 

5. 

Furthermore, where material of a variety referred  to  in 

paragraph  (4) is intended to be used  as a food or  food 

ingredient  falling within the scope of Council  Regulation 

(EC) No 258/97 concerning  novel  foods or food  ingredients, 

the Member States shall ensure, before accepting  the 

variety, 

that the  food or food  ingredient  has been  authorized 

in accordance with Regulation  (EC) No  258/97, or 

that the food or  food  ingredient  complies with the 

general criteria mentioned  in Annex  II to  Regulation 

(EC) No 258/97. 

6. 

In the interest of conserving  the genetic diversity  of 

traditional  rural varieties, the Member States may  depart 

from the acceptance criteria  set out in the first  sentence 

of paragraph  1." 

17 

37.Article 6(3) is replaced by the following: 

"3. The following paragraph  is added  after Article 7(3): 

"4(a) In the case of a genetically modified variety  referred  to 

in Article 4(4) an environmental  risk assessment  similar to 

that  laid down in Directive 90/220/EEC  shall be carried 

out. 

"(b) The procedures ensuring that the environmental  risk 

assessment  is similar to that  laid down in Directive 

90/220/EEC  shall be introduced on a proposal  from the 

Commission, in a Council Regulation based on the 

appropriate  legal basis in the Treaty. 

(c)  Articles  11 to 18 of Directive  90/220/EEC shall no  longer 

apply to genetically modified varieties once the  regulation 

referred to in subparagraph  (b) above has entered  into 

force. 

(d)  The technical  and  scientific details of the  implementation 

of the environmental  risk assessment  shall be adopted  in 

accordance with the procedure  laid down  in Article  23.*" 

38.The following paragraph  is added after Article 6(4): 

"4a The following paragraph  is added  after Article 9(4): 

"5. Member  States shall ensure that genetically modified  varieties 

which have been accepted  are clearly  indicated  as such  in the 

catalogue of varieties. They  shall  further ensure that any  person 

marketing  such a variety  clearly  indicates  in his sales  catalogue 

that the variety  is genetically  modified." 

39.The following paragraph  is added  after Article  6(12): 

"12a  The  following paragraph  is added  after the second paragraph of 

Article 18: 

"The published  notice  shall clearly  indicate those varieties 

which have been genetically  modified."" 

18 

40.The following paragraph  is added  after Article  6(12a): 

"12b  The  following  article  is added after Article 20: 

"Article 20a 

Specific conditions may be established  in accordance with the 

procedure  laid down in Article 23 to take account  of 

developments  in relation to the conditions under which  seed 

suitable  for organic growing may be marketed. 

Specific conditions  shall be established  in accordance with the 

procedure  laid down in Article 23 to take account  of 

developments  in relation to: 

a)  the conditions under which chemically treated  seed may be 

marketed; 

b)  the conservation  in situ and the sustainable use of plant 

genetic  resources through growing  and marketing  of 

landraces and varieties which are naturally  adapted to the 

local and regional conditions  and threatened  by  genetic 

erosion without prejudice to the provisions of  Regulation 

(EC) No 1467/94. 

The  specific conditions referred to in subparagraph  (b) above 

shall  include  in particular the following points: 

a)  The landraces and varieties  shall be accepted  in accordance 

with the provisions of this Directive. The procedure  for 

official acceptance  shall take into account  specific 

quality  characteristics  and requirements. In particular  the 

results of unofficial tests and knowledge gained  from 

practical experience during  cultivation, reproduction  and 

use and the detailed  descriptions of the varieties and 

their relevant denominations, as notified to the Member 

State concerned,  shall be taken  into account  and, if 

conclusive, shall result  in exemption  from the  requirement 

of official examination. Upon acceptance of  such a landrace 

or variety, it shall be  indicated  as a  conservation 

* 

variety'  in the common catalogue; 

b)  a definition of the areas of maintenance of the  landrace or 

variety  and the definition of the areas of marketing of 

seed; 

19 

c)  the maximum quantity of seed of such varieties which may be 

marketed in given periods. 

41.Article 6(13) is replaced by the following: 

"13  The following article is added after Article 24: 

"Article 24a 

Specific conditions shall be established according to the 

procedure laid down in Article 23 to take account of 

developments in the areas of the conservation, by use in situ, 

of genetic resources."" 

42.Article 7(1) is replaced by the following: 

"1. Article 1 is replaced by the following: 

"This Directive shall apply to the production with a view to 

marketing and the marketing of vegetable seed within the 

Community."" 

43.The following paragraph is added after Article 7(1): 

"1(a) 

The following article is added after Article 1: 

"Article la 

For the purposes of this Directive "marketing' means the 

sale, holding with a view to sale, offer for sale and any 

disposal, supply or transfer of seed to third parties, 

whether or not for consideration, aimed at commercial 

exploitation. 

Trade in seed not aimed at commercial exploitation of the 

variety, such as the following operations, shall not be 

regarded as marketing: 

the supply of seed to official testing and inspection 

bodies; 

the supply of seed to providers of services for 

processing or packaging, provided the provider of 

services does not acquire title to seed thus 

supplied. 

20 

The  supply of  seed under certain  conditions to providers of 

services  for seed propagation  or production of an 

agricultural  raw material  shall not be regarded  as 

marketing,  provided the provider of services does not 

acquire title to either the seed thus supplied  or the 

product  of the harvest. 

The conditions  for the application of this provision  shall 

be determined  in accordance with the procedure  laid down in 

Article 41." 

44.Article 7(3) is replaced by the  following: 

"3. The  following paragraphs  are added  after Article 4(1): 

"2. 

In the case of a genetically  modified  variety within the 

meaning of Article  2(1) and  (2) of Directive  90/220/EEC on 

the deliberate  release  into the environment  of  genetically 

modified  organisms, the variety  shall only be accepted  if 

it  is safe  for human health  and the  environment. 

3. 

Furthermore, where material  of a variety  referred  to in 

paragraph  (2) is intended  to be used  as a food or  food 

ingredient  falling within the scope of Council  Regulation 

(EC) No 258/97  concerning  novel  foods or food  ingredients 

the Member  States  shall ensure, before accepting  the 

variety, 

that the  food or food  ingredient  has been  authorized 

in accordance with Regulation  (EC) No 258/97 or 

that  the  food or food  ingredient  complies with the 

general  criteria mentioned  in Annex  II to Regulation 

(EC) No 258/97. 

4. 

In the  interest  of conserving  the genetic diversity of 

traditional  rural varieties, Member  States may depart  from 

the acceptance  criteria  set  out  in paragraph  1."" 

21 

45.Article 7(4) is replaced by the following: 

"4. The following paragraph is added after Article 7(3): 

"4(a) In the case of a genetically modified variety referred to 

in Article 4(4) an environmental risk assessment similar to 

that laid down in Directive 90/220/EEC shall be carried 

out. 

"(b) The procedures ensuring that the environmental risk 

assessment is similar to that laid down in Directive 

90/220/EEC shall be introduced on a proposal from the 

Commission, in a Council Regulation based on the 

appropriate legal basis in the Treaty. 

(c)  Articles 11 to 18 of Directive 90/220/EEC shall no longer 

apply to genetically modified varieties once the regulation 

referred to in subparagraph  (b) above has entered into 

force. 

(d)  The technical and scientific details of the implementation 

of the environmental risk assessment shall be adopted in 

accordance with the procedure laid down in Article 40.'" 

46.The following paragraph is added after Article 7(5): 

"5a The following paragraph is added after Article 10(4): 

"5. Member States shall ensure that genetically modified varieties 

which have been accepted are clearly indicated as such in the 

catalogue of varieties. They shall further ensure that any person 

marketing such a variety clearly indicates in his sales catalogue 

that the variety is genetically modified."" 

47.The following paragraph is added after Article 7(11): 

"11a 

The following paragraph is added after the second paragraph 

of Article 17: 

"The published notice shall clearly indicate those 

varieties which have been genetically modified."" 

22 

48.Article 7(17) is replaced by the following: 

"17 The following article is inserted after Article 21: 

"Article 21a 

1. 

Notwithstanding Article 20(1) and (la), the Member States 

may 

a) 

authorize producers on their own territory to place 

on the market small quantities of seed for scientific 

purposes or selection work; 

b) 

authorize producers and their representatives 

established in their territory to market, for a 

limited period, seeds belonging to a variety for 

which an application for admission to a national 

catalogue has been submitted in at least one Member 

State and for which specific technical information 

has been supplied. 

2. 

The conditions under which Member States may grant the 

authorizations referred to in subparagraph 1(b) above shall 

be determined in accordance with the procedure laid down in 

Article 40, particularly in relation to the acquisition of 

data, the type of such data, the maintenance and 

denomination of the variety and the labelling of 

packages."" 

49.The following paragraph is inserted after Article 7(20): 

"20a 

The following article is inserted after Article 28: 

"Article 28a 

In the case of seed of a variety which has been genetically 

modified, any label or document, official or otherwise, 

which is affixed to or accompanies the seed lot, under the 

provisions of this directive, shall clearly indicate 

that the variety has been genetically modified."" 

23 

50.Article 7(25) is replaced  by the following: 

"25. 

Article  33 is replaced by the  following: 

"1. 

In order to remove any temporary difficulties  in the 

general  supply of basic, certified  or standard  seed 

that occur  in the Community  and cannot be  otherwise 

overcome, it may be decided  in accordance with the 

procedure  laid down  in Article 40 that Member  States 

shall permit, for a specified period, the marketing 

throughout the Community, of seed of a category 

subject to  less stringent requirements, or of seed of 

varieties not  included  in the  "Common Catalogue of 

Varieties of Vegetable Species" or in the  national 

catalogues of varieties of the Member  States; the 

marketing  shall be confined to purposes of use of the 

seed by growers of vegetables who are  affected 

by those difficulties  in all or part of the 

Community. 

2. 

For a category  of seed of any given variety, the 

official  label shall be that provided  for the 

corresponding  category;  in all other cases  it shall 

be that provided  for commercial  seed. The  label  shall 

always state that the seed  in question  is of a 

category  satisfying  less stringent requirements. 

The Member  States shall ensure that official  labels 

are issued  only  for the amount of  seed permitted  for 

marketing  pursuant  to paragraph  1. 

3. 

Rules  for the application  of paragraph  1 may be 

adopted  in accordance with the procedure  laid down in 

Article 40."" 

51.Article 7(26) is replaced  by the following: 

"26. 

Article  35(1)  is replaced  by the  following: 

"1. 

Member  States shall ensure that official  inspections 

are carried  out  in relation to the marketing  of 

vegetable  seed, at least by random  checks, to verify 

compliance with the requirements  of this Directive. 

24 

52.The following paragraph is added after-Article 7(27): 

"27a 

The following article is added after Article 39: 

"Article 39a 

Specific conditions may be established in accordance with 

the procedure laid down in Article 40 to take account of 

developments in relation to the conditions under which seed 

suitable for organic growing may be marketed. 

Specific conditions shall be established in accordance with 

the procedure laid down in Article 40 to take account of 

developments in relation to: 

a) 

the conditions under which chemically treated seed 

may be marketed; 

b) 

the conservation in situ and the sustainable use of 

plant genetic resources through growing and marketing 

of landraces and varieties which are naturally 

adapted to the local and regional conditions and 

threatened by genetic erosion without prejudice to 

the provisions of Regulation  (EC) No 1467/94. 

The specific conditions referred to in subparagraph (b) 

above shall include in particular the following points: 

a) 

The landraces and varieties shall be accepted in 

accordance with the provisions of this Directive. The 

procedure for official acceptance shall take into 

account specific quality characteristics and 

requirements. In particular the results of unofficial 

tests and knowledge gained from practical experience 

during cultivation, reproduction and use and the 

detailed descriptions of the varieties and their 

relevant denominations, as notified to the Member 

State concerned, shall be taken into account and, if 

conclusive, shall result in exemption from the 

requirement of official examination. Upon acceptance 

of such a landrace or variety, it shall be indicated 

as a "conservation variety' in the common catalogue; 

25 

b) 

a definition  of the areas of maintenance  of the 

landrace  or variety  and the definition  of the areas 

of marketing  of seed; 

c) 

the maximum  quantity of seed of such varieties  which 

may be marketed  in given periods."" 

Done at Brussels, 

For the Council 

26 

ISSN 0254-1475 

COM(97) 690 final 

DOCUMENTS 

EN 

02  03 

Catalogue  number  :  CB-CO-97-707-EN-C 

ISBN  92-78-29061-0 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

2-f