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 plant species
Date: 1998-08-07
Institutions: European Commission
Subjects: conservation of resources, marketing, plant propagation, seed, seedling

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  07.08.1998 

COM(1998) 499 final 

97/0217 (CNS) 

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 plant species 

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

EXPLANATORY MEMORANDUM 

5419/VI/98-EN 

Doc.  5419/VI/98 

At its session of 15 May 1998, the European Parliament delivered its 

opinion on the Commission proposal contained in Document 

COM(97)403 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 plant species. 

The present amended proposal takes into account the amendments 

suggested by the European Parliament. On all of them the Commission has 

taken a favourable position  (however the text of certain amendments 

have been altered in agreement with the European Parliament). 

/ 
I 

5419/VI/98-EN 

D r a ft 

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 plant species 

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

plenary session of 11 to 15 May 1998 on the proposal  for a Council 

Directive submitted on 25 July 1997 amending Directives 66/400/EEC, 

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

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

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

and on the common catalogue of varieties of agricultural plant species, 

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

has decided to amend the aforementioned proposal as follows: 

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

" 2. The following paragraphs are added after Article 2(2): 

x3.  When the examination under official supervision referred to in 

paragraph 1(C)(d)(ii) is carried out, the following requirements 

shall be complied with: 

(i) the inspectors, shall: 

(a) have the necessary technical qualifications, 

(b) derive no private gain in connection with the carrying out of the 

inspections, 

(c) have been officially licensed and sworn in by the seed 

certification authority of the Member State concerned, 

(d) carry out inspections under official supervision in accordance 

with the rules applicable to official inspections; 

(ii) the seed crop to be inspected shall be grown from seed which has 

undergone official post control, the results of which have been 

satisfactory; 

y 

"7 

5419/VI/98-EN 

(iii) a proportion of the seed crop shall be checked by official 

inspectors. That proportion shall be 10% for self-pollinated crops 

and 20% for cross-pollinated  crops or, for those species for which 

Member States provide  for official laboratory seed-testing using 

morphological, physiological or, where appropriate, biochemical 

procedures to identify the variety and establish purity, 5% and 15% 

respectively. 

(iv) a proportion of samples from the seed lots harvested  from the 

seed crops shall be drawn for official post control and, where 

appropriate, for official laboratory seed-testing in respect of 

varietal  identity and purity. 

(v) The seed certification authority shall immediately withdraw 

recognition referred to in paragraph  (3)(i)(c) from officially 

licensed  inspectors who are found guilty of deliberately or 

negligently contravening  the rules governing official examinations. 

Any certification of the seed examined shall immediately be annulled 

in the event of such contravention. The Member States shall determine 

the penalties applicable to infringements of the rules governing 

examination under official supervision. The penalties they provide 

for must be effective, proportionate and dissuasive. 

4. Further measures applicable to the carrying out of examinations 

under official supervision may be adopted in accordance with the 

procedure laid down in Article 21. 

Until such measures are adopted, the conditions set out in Article 2 

of Commission Decision 89/540/EEC shall be adhered to.'" 

.  Article 2(3) is replaced by the following: 

3. The following paragraphs are added after Article 2(2): 

'3. When the examination under official supervision referred to in 

paragraph 1(C)(d)(ii)  is carried out, the following  requirements 

shall be complied with: 

(i) the inspectors, shall: 

(a) have the necessary technical qualifications, 

(b) derive no private gain in connection with the carrying out of the 

inspections, 

A 

(c) have been officially licensed and sworn in by the seed 

certification authority of the Member State concerned, 

(d) carry out inspections under official supervision in accordance 

with the rules applicable to official inspections; 

5419/VI/98-EN 

(ii) the seed crop to be inspected shall be grown from seed which has 

undergone official post control, the results of which have been 

satisfactory; 

(iii) a proportion of the seed crop shall be checked by official 

inspectors. That proportion shall be 10% for self-pollinated crops 

and 20% for cross-pollinated  crops or, for those species for which 

Member States provide for official laboratory seed-testing using 

morphological, physiological or, where appropriate, biochemical 

procedures to identify the variety and establish purity, 5% and 15% 

respectively. 

(iv) a proportion of samples from the seed lots harvested from the 

seed crops shall be drawn for official post control and, where 

appropriate, for official laboratory seed-testing in respect of 

varietal  identity and purity. 

(v) The seed certification authority shall immediately withdraw 

recognition referred to in paragraph  (3)(i)(c) from officially 

licensed  inspectors who are found guilty of deliberately or 

negligently contravening the rules governing official examinations. 

Any certification of the seed examined shall immediately be annulled 

in the event of such contravention. The Member States shall determine 

the penalties applicable to infringements of the rules governing 

examination under official supervision. The penalties they provide 

for must be effective, proportionate and dissuasive. 

4. Further measures applicable to the carrying out of examinations 

under official supervision may be adopted in accordance with the 

procedure laid down in Article 21. 

Until such measures are adopted, the conditions set out in Article 2 

of Commission Decision 89/540/EEC shall be adhered to.'" 

5419/VI/98-EN 

3 . Article 3(5) is replaced by the following: 

" 5. The following paragraphs are added after Article  2(2): 

x3.  When the examination under official supervision referred to in 

paragraphs  1(E)(d)(ii), 1(F)(d)(ii) and 1(G)(d)(ii) above is carried 

out,  the following requirements shall be complied with: 

(i) the inspectors, shall: 

(a) have the necessary technical qualifications, 

(b) derive no private gain in connection with the carrying out of the 

inspections, 

(c) have been officially licensed and sworn in by the seed 

certification authority of the Member State concerned, 

(d) carry out inspections under official supervision in accordance 

with the rules applicable to official inspections; 

(ii) the seed crop to be inspected shall be grown from seed which has 

undergone official post control, the results of which have been 

satisfactory; 

(iii) a proportion of the seed crop shall be checked by official 

inspectors. That proportion shall be 10% for self-pollinated crops 

and 20% for cross-pollinated  crops or, for those species for which 

Member States provide  for official laboratory seed-testing using 

morphological, physiological or, where appropriate, biochemical 

procedures  to identify the variety and establish purity, 5% and 15% 

respectively. 

(iv) a proportion of samples from the seed lots harvested from the 

seed crops shall be drawn for official post control and, where 

appropriate, for official  laboratory seed-testing in respect of 

varietal  identity and purity. 

(v) The seed certification authority shall immediately withdraw 

recognition referred to in paragraph  (3)(i)(c) from officially 

licensed  inspectors who are found guilty of deliberately or 

negligently contravening  the rules governing official examinations. 

Any certification of the seed examined shall immediately be annulled 

in the event of such contravention. The Member States shall determine 

the penalties applicable to infringements of the rules governing 

examination under official supervision. The penalties they provide 

for must be effective, proportionate and dissuasive. 

5419/VI/98-EN 

4. Further measures applicable to the carrying out of examinations 

under official supervision may be adopted in accordance with the 

procedure laid down in Article 21. 

. 

Until such measures are adopted, the conditions set out in Article 2 

of Commission Decision 89/540/EEC shall be adhered to.'" 

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

" 7. The following paragraphs are added after Article 2(2): 

'3. When the examination under official supervision referred to in 

paragraphs 1(C)(d)(ii),  1(D)(d)(ii), 1(E)(d)(ii), 1(Ea)(d)(ii) and 

1(F)(d)(ii) above is carried out, the following requirements shall be 

complied with: 

(i) the inspectors, shall: 

(a) have the necessary technical qualifications, 

(b) derive no private gain in connection with the carrying out of the 

inspections, 

(c) have been officially licensed and sworn in by the seed 

certification authority of the Member State concerned, 

(d) carry out inspections under official supervision in accordance 

with the rules applicable to official inspections; 

(ii) the seed crop to be inspected shall be grown from seed which has 

undergone official post control, the results of which have been 

satisfactory; 

(iii) a proportion of the seed crop shall be checked by official 

inspectors. That proportion shall be 10% for self-pollinated crops 

and 20% for cross-pollinated crops or, for those species for which 

Member States provide for official laboratory seed-testing using 

morphological, physiological or, where appropriate, biochemical 

procedures to identify the variety and establish purity, 5% and 15% 

respectively. 

(iv) a proportion of samples from the seed lots harvested from the 

seed crops shall be drawn for official post control and, where 

appropriate, for official  laboratory seed-testing in respect of 

varietal  identity and purity. 

D419/Vi/98-bN 

(v) The seed certification authority shall immediately withdraw 

recognition referred to in paragraph  (3)(i)(c) from officially 

licensed  inspectors who are found guilty of deliberately or 

negligently  contravening  the rules governing official examinations. 

Any certification of the seed examined shall immediately be annulled 

in the event of such contravention. The Member States shall determine 

the penalties applicable to infringements of the rules governing 

examination under official supervision. The penalties they provide 

for must be effective, proportionate and dissuasive. 

4. Further measures applicable to the carrying out of examinations 

under official  supervision may be adopted in accordance with the 

procedure  laid down in Article 21. 

Until such measures are adopted, the conditions set out in Article 2 

of Commission Decision 89/540/EEC shall be adhered to.'" 

5. The following article is added after Article 8. 

" Article 8a 

After not more than five years the Commission shall submit a detailed 

evaluation of the simplifications of the certification procedures 

introduced with this Directive. This evaluation shall focus in 

particular on the possible effects on the quality of the seed." 

Done at Brussels, 

For the Council 

ISSN 0254-1475 

COM(98) 499 final 

DOCUMENTS 

EN 

03  14  10  11 

Catalogue  number  :  CB-CO-98-499-EN-C 

ISBN 92-78-38683-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg