Council Directive 98/95/EC of 14 December 1998 amending, in respect of the consolidation of the internal market, genetically modified plant varieties and plant genetic resources, 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: 1998-12-14
Institutions: Council of the European Union
Subjects: agricultural product nomenclature, crop production, genetically modified organism, marketing, single market

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I

(Acts  whose  publication  is  obligatory)

COUNCIL  DIRECTIVE  98/95/EC

of  14  December  1998

amending,  in  respect  of  the  consolidation  of  the  internal  market,  genetically  modified  plant
varieties  and  plant  genetic  resources,  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  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 (1),

Having  regard 
Parliament (2),

to 

the  opinion  of 

the  European

Having regard to the opinion of the Economic and Social
Committee (3),

(1) Whereas, for the reasons given below, the following
seed  and

Directives  on 
propagating  material  should  be  amended:

the  marketing  of 

— Council  Directive  66/400/EEC  of  14  June  1966

on  the  marketing  of  beet  seed (4),

— Council  Directive  66/401/EEC  of  14  June  1966

on  the  marketing  of  fodder  plant  seed (5),

— Council  Directive  66/402/EEC  of  14  June  1966

on  the  marketing  of  cereal  seed (6),

— Council  Directive  66/403/EEC  of  14  June  1966

on  the  marketing  of  seed  potatoes (7),

— Council  Directive  69/208/EEC  of  30  June  1969
on  the  marketing  of  seed  of  oil  and  fibre
plants (8),

— Council  Directive  70/457/EEC  of  29  September
1970  on  the  common  catalogue  of  varieties  of
agricultural  plant  species (9),

— Council  Directive  70/458/EEC  of  29  September
1970  on  the  marketing  of  vegetable  seed (10);

(2) Whereas, in the context of the consolidation of the
internal  market,  it  is  necessary  to  amend  or  repeal
certain provisions of the said Directives in order to
remove  any  actual  or  potential  barriers  to  trade
which  may  hinder  the  free  movement  of  seeds
within  the  Community;  whereas,  to  this  end,  any
to  derogate
for  Member  States 
possibilities 
unilaterally 
the  said
from 
Directives  should  be  removed;

the  provisions  of 

(3) Whereas,  for  the  same  reasons,  the  scope  of  the
said Directives should be enlarged to cover also the
production  of  seed,  with  a  view  to  marketing;

(1) OJ  C  29,  31.1.1994,  p.  1,  and  OJ  C  53,  20.2.1995,  p.  8.
(2) OJ  C  286,  22.9.1997,  p.  36.
(3) OJ  C  195,  18.7.1994,  p.  36.
(4) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by

(7) OJ  125,  11.7.1966,  p.  2320/66.  Directive  as  last  amended
by  Commission  Decision  98/111/EC  (OJ  L  28,  4.2.1998,
p.  42).

(8) OJ  L  169,  10.7.1969,  p.  3.  Directive  as  last  amended  by

Directive  96/72/EC  (OJ  L  304,  27.11.1996,  p.  10).

Directive  96/72/EC.

(5) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by

(9) OJ  L  225,  12.10.1970,  p.  1.  Directive  as  last  amended  by

Directive  96/72/EC.

the  1994  Act  of  Accession.

(6) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by

(10) OJ  L  225,  12.10.1970,  p.  7.  Directive  as  last  amended  by

Directive  96/72/EC.

Directive  96/72/EC.

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(4) Whereas  it  should  be  possible  under  specified
conditions  to  place  on  the  market  bred  seed  of
generations  prior  to  basic  seed  and  seed  as  grown;

(13) Whereas,  in  the  light  of  experience,  it  is  useful  to
clarify  and  update  certain  provisions  of 
the
abovementioned Directives;

(5) Whereas Member States making use of derogations
still  permitted  under  the  said  Directives  should
assist  each  other  administratively  as  regards
inspection;  whereas  the  use  of  such  derogations  is
without  prejudice  to  Article  7a  of  the  Treaty;

(6) Whereas  the  conditions  under  which  Member
States  may  authorise  small  quantities  of  seed  for
tests,  scientific  purposes  or  selection  work  to  be
placed  on  the  market  should  be  determined  by  the
Standing  Committee  on  Seeds  and  Propagating
Material 
and
Forestry;

for  Agriculture,  Horticulture 

(7) Whereas,  in  certain  cases,  the  Standing  Committee
on Seeds and Propagating Material for Agriculture,
Horticulture  and  Forestry 
should  determine
whether  packages  of  basic  or  certified  seed  should
bear  a  supplier’s  label;

(8) Whereas,  in  the  case  of  certain  species  of  seed
covered  by  Directive  66/401/EEC,  it  should  be
permitted  to  certify  seed  of  the  first  and  second
generations;

(9) Whereas,  in  the  case  of  certain  species  of  seed
covered  by  Directive  66/402/EEC,  Member  States
should  be  permitted  to  restrict  the  certification  of
seed  to  that  of  the  first  generation;

(10) Whereas  the  minimum  size  of  seed  potatoes  which
may  be  placed  on  the  market  under  Directive
66/403/EEC  should  be  changed  and  a  legal  basis
established  to  enable  the  minimum  size  of  the
square  mesh  used  to  measure  the  size  of  seed
potatoes  to  be  altered  in  the  future;  whereas  a
provision  in  respect  of  separation  of  seed  potatoes
from other potatoes for plant health reasons should
be  introduced;

(11) Whereas  seed  covered  by  Directive  70/457/EEC
should  be  freely  marketable  within  the  Community
two  months  after  publication  in  the  common
catalogue;

(12) Whereas  the  conditions  under  which  mixtures  of
certain  species  covered  by  Directive  70/458/EEC
may be placed on the market should be determined
in  accordance  with  the  procedure  of  the  Standing
Committee  on  Seeds  and  Propagating  Material  for
Agriculture,  Horticulture  and  Forestry;  whereas  in
respect  of  the  same  Directive  the  provisions  on  the
renewal  of  the  official  acceptance  of  certain
varieties  should  be  adapted  in  order  to  avoid
disturbing  current  practice  in  marking  packages;

(14) Whereas,  in  the  light  of  scientific  and  technical
developments,  it  is  now  possible  to  breed  varieties
through  genetic  modification;  whereas,  therefore,
when  determining  whether  to  accept  genetically
modified  varieties  within  the  meaning  of  Council
Directive  90/220/EEC  of  23  April  1990  on  the
deliberate 
environment  of
genetically  modified  organisms (1)  under  Directives
70/457/EEC  and  70/458/EEC,  Member  States
should  have  regard  to  any  risk  related  to  their
deliberate  release  into  the  environment;  whereas,
furthermore,  a 
the
legal  basis 
conditions  under  which  such  genetically  modified
varieties  may  be  marketed  should  be  introduced;

to  establish 

release 

into 

the 

(15) Whereas  the  marketing  of  novel  foods  and  novel
food ingredients is regulated at Community level by
Regulation  (EC)  No  258/97  of  the  European
Parliament  and  of  the  Council  of  27  January
1997 (2);  whereas,  therefore,  it  is  appropriate  for
Member  States  also  to  have  regard  to  any  food
health  risks  when  determining  whether  to  accept
varieties  under  Directives  70/457/EEC 
and
70/458/EEC;  whereas,  furthermore,  a  legal  basis
should  be  established  to  take  account  of  these
developments;

(16) Whereas,  in  the  light  of  scientific  and  technical
developments,  a 
the
legal  basis 
conditions  under  which  chemically  treated  seed
may  be  marketed  should  be  introduced;

to  establish 

(17) Whereas  it  is  essential  to  ensure  that  plant  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;

(18) Whereas  a  legal  basis  to  establish  conditions  under
which  seed  suitable  for  organic  growing  may  be
marketed  should  be  introduced;

(19) Whereas,  in  order  to  facilitate  the  introduction  of
the  measures  envisaged  in  this  Directive,  certain
transitional  measures  should  be  introduced,

(1) OJ  L  117,  8.5.1990,  p.  15.  Directive  as  last  amended  by

Directive  97/35/EC  (OJ  L  169,  27.6.1997,  p.  72).

(2) OJ  L  43,  14.2.1997,  p.  1.

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HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Directive  66/400/EEC  is  hereby  amended  as  follows:

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

This  Directive  shall  apply  to  the  production  with  a
view  to  marketing,  and  to  the  marketing  of,  beet
seed  within  the  Community.’;

2.

the  following  Article  shall  be  added  after  Article  1:

‘Article  1a

For the purposes of this Directive “marketing” shall
mean the sale, holding with a view to sale, offer for
sale  and  any  disposal,  supply  or  transfer  aimed  at
commercial  exploitation  of  seed  to  third  parties,
whether  or  not  for  consideration.

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  the  production  of  certain
agricultural  raw  materials,  intended  for  industrial
purposes,  or  seed  propagation  for  that  purpose,
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  supplier  of  seed  shall  provide  the  Certification
Authority  with  a  copy  of  the  relevant  parts  of  the
contract made with the provider of services and this
shall  include  the  standards  and  conditions  currently
met  by  the  seed  provided.

The  conditions  for  the  application  of  this  provision
shall  be  determined 
the
procedure  laid  down  in  Article  21.’;

in  accordance  with 

3. Article  3(1)  shall  be  replaced  by  the  following:

‘Member States shall provide that beet seed may not
be placed on the market unless it has been officially
certified  as  “basic  seed”  or  “certified  seed”.’;

5.

following  Article 

the 
Article  3:

shall  be 

inserted  after

‘Article  3a

Notwithstanding  Article  3(1),  Member  States  shall
provide  that

— bred  seed  of  generations  prior  to  basic  seed,

and

— seed  as  grown,  marketed 
that 

identity  of 

for  processing,
is
the  seed 

the 

provided 
ensured,

may  be  placed  on  the  market.’;

6.

the  following  subparagraph  shall  be  added  at  the
end  of  Article  4:

‘Member  States  making  use  of  the  derogation
provided  for  in  either  subparagraph  (a)  or  (b)  shall
assist  each  other  administratively  as 
regards
control.’;

7.

following  Article 

the 
Article  4:

shall  be 

inserted  after

‘Article  4a

1. Notwithstanding  Article  3(1),  Member  States
may  authorise  producers  in  their  own  territory  to
place  on  the  market:

(a)

small  quantities  of  seed  for  scientific  purposes
or  selection  work;

(b) appropriate  quantities  of  seed  for  other  test  or
trial  purposes,  provided  it  belongs  to  varieties
for  which  an  application  for  entry  in  the
catalogue  has  been  submitted  in  the  Member
State  in  question.

In  the  case  of  genetically  modified  material,  such
authorisation may be granted only if all appropriate
measures  have  been  taken  to  avoid  adverse  effects
on  human  health  and  the  environment.  For  the
environmental  risk  assessment  to  be  carried  out  in
this  respect,  the  provisions  of  Article  7(4)  of
Directive  70/457/EEC  shall  apply  accordingly.

The  purposes  for  which  the  authorisations
2.
referred  to  in  paragraph  1(b)  may  be  given,  the
provisions  relating  to  the  marking  of  packages,  and
the  quantities  and  the  conditions  under  which
Member  States  may  grant  such  authorisation  shall
be determined in accordance with the procedure laid
down  in  Article  21.

3.
Authorisations  granted  before  the  date  of
adoption  of  this  Directive  by  Member  States  to
producers in their own territory for the purposes set
out  in  paragraph  1  shall  remain  in  force  pending
determination  of  the  provisions  referred  to 
in
paragraph 2. Thereafter, all such authorisations shall
respect the provisions established in accordance with
paragraph 2.’;

4. Article  3(3)  shall  be  repealed;

8. Article  10(4)  shall  be  repealed;

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9. Article  11(2)  shall  be  repealed;

10.

in  Article  11a(1)(a)  and  (b),  the  words  ‘the  label
shall  be  blue  in  colour’  shall  be  replaced  by  the
words  ‘the  label  shall  be  white  in  colour  for  basic
seed  and  blue  in  colour  for  certified  seed’;

11.

in  Article  11b,  the  word  ‘certified’  shall  be  deleted;

12.

in  Article  11c,  the  word  ‘certified’  shall  be  deleted;

13. Article  12(1)  shall  be  replaced  by  the  following:

‘1.
In  accordance  with  the  procedure  laid  down
in Article 21, it may be provided that, in cases other
than  those  already  provided  for  in  this  Directive,
packages  of  basic  or  certified  seed  of  any  kind  shall
bear  a  supplier’s  label  (which  may  either  be  a  label
separate  from  the  official  label  or  take  the  form  of
suppliers’ information printed on the package itself).
The  particulars  to  be  provided  on  any  such  label
shall  also  be  established  in  accordance  with  the
procedure  laid  down  in  Article  21.’;

14.

following  Article 

the 
Article  12:

shall  be  added  after

‘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.’;

15. Article  14(1)  shall  be  replaced  by  the  following:

‘1. Member States shall ensure that seed which is
placed  on  the  market  under  the  provisions  of  this
Directive,  whether  mandatory  or  discretionary,  is
not  subject  to  any  marketing  restrictions  as  regards
its 
requirements,
marking  and  sealing  other  than  those  laid  down  in
this  or  any  other  Directive.’;

characteristics, 

examination 

16. Article  14(2)(b)  shall  be  repealed;

17. Article  14(2)(c)  shall  be  repealed;

18. Article  14(3)  shall  be  repealed;

(b)

(c)

it  must  be  packed  in  accordance  with  this
Directive, and

the  packages  must  bear  an  official  label  giving
at  least  the  following  particulars:

— certification  authority  and  Member  State  or

their  distinguishing  abbreviation,

— lot  reference  number,

— month  and  year  of  sealing,  or

— month  and  year  of  the  last  official  sampling

for  the  purposes  of  certification,

— species, 

least 

indicated  at 

in  Roman
characters,  under  its  botanical  name,  which
may  be  given  in  abridged  form  and  without
the  authors’  names,  or  under  its  common
name,  or  both;  indication  whether  sugar
beet  or  fodder  beet,

— variety, 

indicated  at 

least 

in  Roman

characters,

— the  description  “pre-basic  seed”,

— number of generations preceding seed of the

category  “certified  seed”.

The  label  shall  be  white  with  a  diagonal  violet
line.’;

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

‘2.
Beet  seed  which  has  been  harvested  in  the
Community  and  which  is  intended  for  certification
in  accordance  with  paragraph  1  shall:

— be  packed  and  labelled  with  an  official  label
satisfying  the  conditions  laid  down  in  Annex
IV(A)  and  (B),  in  accordance  with  Article  10(1),
and

— be  accompanied  by  an  official  document
satisfying  the  conditions  laid  down  in  Annex
IV(C).

The provisions in the first subparagraph on packing
and  labelling  may  be  waived  if  the  authorities
responsible  for  field  inspection,  those  drawing  up
the  documents  for  the  certification  of  seeds  which
have  not  been  definitively  certified  and  those
responsible  for  certification  are  the  same,  or  if  they
agree  on  exemption.’;

19.

following  Article 

the 
Article  14:

shall  be 

inserted  after

21. Article  17  shall  be  replaced  by  the  following:

‘Article  14a

‘Article  17

conditions  under  which  bred 

seed  of
The 
generations prior to basic seed may be placed on the
market  under  the  first  indent  of  Article  3a  shall  be
as  follows:

(a)

it  must  have  been  officially  inspected  by  the
competent  certification  authority  in  accordance
with 
the
certification  of  basic  seed;

the  provisions 

applicable 

to 

In  order  to  remove  any  temporary  difficulties
1.
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  in  quantities
necessary to resolve the supply difficulties of seed of

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a  category  subject  to  less  stringent  requirements,  or
of  seed  of  a  variety  not  included  in  the  “Common
Catalogue of Varieties of Agricultural Plant Species”
or  in  the  national  catalogues  of  varieties  of  the
Member  States.

that  provided 

label  shall  be 

For a category of seed of any given variety, the
2.
official 
the
corresponding  category;  for  seed  of  varieties  not
included 
in  the  abovementioned  catalogues  the
colour of the official label shall be brown. The label
shall  always  state  that  the  seed  in  question  is  of  a
category  satisfying  less  stringent  requirements.

for 

3.
Rules  for  the  application  of  paragraph  1  may
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  21.’;

22. Article  19(1)  shall  be  replaced  by  the  following:

that  official
‘1. Member  States  shall  ensure 
inspections  are  carried  out 
in  relation  to  the
marketing  of  beet  seed,  at  least  by  random  checks,
to  verify  compliance  with  the  requirements  and
conditions  of  this  Directive.’;

include  species  listed  in  Article  1  of  Council
Directive  70/457/EEC,  and  are  associated  with
specific  natural  and  semi-natural  habitats  and
are  threatened  by  genetic  erosion;

(c) conditions  under  which  seed  suitable 
organic  production  may  be  marketed.

for

The 

specific 

2.
in
paragraph 1 shall include in particular the following
points:

conditions 

referred 

to 

(i)

in the case of (b), the seed of these species shall
be  of  a  known  provenance  approved  by  the
appropriate Authority in each Member State for
marketing  the  seed  in  defined  areas;

(ii)

in  the  case  of  (b),  appropriate  quantitative
restrictions.’;

25.

in Annex III(B)(8), the words ‘certified seed’ shall be
replaced  by  the  word  ‘category’.

23. Article  19(2)  shall  be  replaced  by  the  following:

Article  2

‘2. Without  prejudice  to  the  free  movement  of
seed  within  the  Community,  Member  States  shall
take  all  necessary  measures  to  ensure  that  they  are
supplied  with  the  following  particulars  during  the
marketing  of  quantities  exceeding  two  kilograms  of
seed  imported  from  third  countries:

(a)

species;

(b) variety;

(c) category;

(d) country  of  production  and  official  inspection

authority;

(e) country  of  dispatch;

(f)

importer;

(g) quantity  of  seed.

The  manner  in  which  these  particulars  are  to  be
presented may be determined in accordance with the
procedure  laid  down  in  Article  21.’;

24.

following  Article 

the 
Article 22:

shall  be 

inserted  after

‘Article  22a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  21  to  take  account  of  developments  in  the
areas  of:

(a) conditions  under  which  chemically  treated  seed

may  be  marketed;

(b) conditions  under  which  seed  may  be  marketed
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources,
including  seed  mixtures  of  species  which  also

Directive  66/401/EEC  is  hereby  amended  as  follows:

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

This  Directive  shall  apply  to  the  production  with  a
view  to  marketing,  and  to  the  marketing,  of  fodder
plant  seed  within  the  Community.’;

2.

following  Article 

the 
Article  1:

shall  be 

inserted  after

‘Article  1a

For the purposes of this Directive “marketing” shall
mean the sale, holding with a view to sale, offer for
sale  and  any  disposal,  supply  or  transfer  aimed  at
commercial  exploitation  of  seed  to  third  parties,
whether  or  not  for  consideration.

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  the  production  of  certain
agricultural  raw  materials,  intended  for  industrial

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purposes,  or  seed  propagation  for  that  purpose,
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  supplier  of  seed  shall  provide  the  Certification
Authority  with  a  copy  of  the  relevant  parts  of  the
contract made with the provider of services and this
shall  include  the  standards  and  conditions  currently
met  by  the  seed  provided.

The  conditions  for  the  application  of  this  provision
shall  be  determined 
the
procedure  laid  down  in  Article  21.’;

in  accordance  with 

3. Article  2(1)(C)  shall  be  replaced  by  the  following:

‘C. Certified  seed:  seed  of  all  the  species  listed
under  A  other  than  Lupinus  spp.,  Pisum
sativum,  Vicia  spp.  and  Medicago sativa:

(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  has  been  found  by  official
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;

(c) which,  subject  to  of  Article  4(b),  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  abovementioned
conditions.’;

4.

the  following  points  shall  be  inserted  after  Article
2(1)(C):

‘Ca. Certified  seed,  first  generation  (Lupinus  spp.,
Pisum  sativum,  Vicia  spp.  and  Medicago
sativa)  seed:

(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 

either 

intended 

for 
the
the  category
production  of  seed  of 
“certified  seed,  second  generation”  or  for
purposes  other  than  the  production  of
seed  of  fodder  plants;

(c) which, subject to Article 4(b), satisfies the
conditions  laid  down  in  Annexes  I  and  II
for  certified  seed;  and

(d) which  has  been 

examination 
abovementioned  conditions.

to 

found  by  official
the

satisfy 

Cb. Certified  seed,  second  generation  (Lupinus
spp.,  Pisum  sativum,  Vicia  spp.  and  Medicago
sativa)  seed:

(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 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 for purposes other than

the  production  of  seed  of  fodder  plants;

(c) which, subject to Article 4(b), satisfies the
conditions laid down in Annexes I and II,
for  certified  seed;  and

(d) which  has  been 

examination 
abovementioned  conditions.’;

to 

found  by  official
the

satisfy 

5.

in  Article  2(1)(G),  the  words  ‘basic  seed,’  shall  be
inserted  before  the  words  ‘certified  seed’;

6. Article  2(1)(c)  shall  be  repealed;

7.

8.

in  Article  3(1),  the  words  ‘and  unless  it  satisfies  the
conditions  laid  down  in  Annex  II’  shall  be  deleted;

in  Article  3(2)  the  words  ‘and  unless  it  satisfies  the
conditions  laid  down  in  Annex  II  shall  be  deleted;

9. Article  3(5)  shall  be  repealed;

10.

following  Article 

the 
Article  3:

shall  be 

inserted  after

‘Article  3a

Notwithstanding  Article  3(1),  Member  States  shall
provide  that

— bred  seed  of  generations  prior  to  basic  seed,

and

— seed  as  grown,  marketed 
that 

identity  of 

for  processing,
is
the  seed 

the 

provided 
ensured,

may  be  placed  on  the  market.’;

11.

the  following  subparagraph  shall  be  added  at  the
end  of  Article  4:

‘Member  States  making  use  of  the  derogation
provided  for  in  either  subparagraph  (a)  or  (b)  shall
assist  each  other  administratively  as 
regards
inspection.’;

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12.

following  Article 

the 
Article  4:

‘Article  4a

shall  be 

inserted  after

17. Article  11  shall  be  replaced  by  the  following:

‘Article  11

1. Notwithstanding  Article  3(1),  Member  States
may  authorise  producers  in  their  own  territory  to
place  on  the  market:

(a)

small  quantities  of  seed  for  scientific  purposes
or  selection  work;

(b) appropriate  quantities  of  seed  for  other  test  or
trial  purposes,  provided  it  belongs  to  varieties
for  which  an  application  for  entry  in  the
catalogue  has  been  submitted  in  the  Member
State  in  question.

In  the  case  of  genetically  modified  material,  such
authorisation may be granted only if all appropriate
measures  have  been  taken  to  avoid  adverse  effects
on  human  health  and  the  environment.  For  the
environment risk assessment to be carried out in this
respect,  the  provisions  of  Article  7(4)  of  Directive
70/457/EEC  shall  apply  accordingly.

2.
The  purposes  for  which  the  authorisations
referred  to  in  paragraph  1(b)  may  be  given,  the
provisions  relating  to  the  marking  of  packages,  and
the  quantities  and  the  conditions  under  which
Member  States  may  grant  such  authorisation  shall
be determined in accordance with the procedure laid
down  in  Article  21.

Authorisations  granted  before  the  date  of
3.
adoption  of  this  Directive  by  Member  States  to
producers in their own territory for the purposes set
out  in  paragraph  1  shall  remain  in  force  pending
determination  of  the  provisions  referred  to 
in
paragraph 2. Thereafter, all such authorisations shall
respect the provisions established in accordance with
paragraph 2.’;

13.

following  Article 

the 
Article  5:

shall  be 

inserted  after

‘Article  5a

Member  States  may  restrict  the  certification  of  seed
of  Lupinus  spp.,  Pisum  sativum,  Vicia  spp.  and
Medicago  sativa  to  certified  seed  of  the  first
generation.’;

14. Article  9(4)  shall  be  repealed;

15. Article  10(2)  shall  be  repealed;

16. Article  10b  shall  be  replaced  by  the  following:

‘Article  10b

1.
In accordance with the procedure laid down in
Article  21  it  may  be  provided  that  Member  States
may require that, in cases other than those provided
for in this Directive, packages of basic seed, certified
seed or commercial seed shall bear a supplier’s label
(which  may  either  be  a  label  separate  from  the
form  of  suppliers’
official 
information  printed  on  the  package  itself)  or  that
seed  lots  complying  with  the  special  conditions
concerning  the  presence  of  Avena  fatua,  laid  down
in  accordance  with  the  procedure  provided  for  in
Article  21,  should  be  accompanied  by  an  official
certificate 
those
conditions.

compliance  with 

label  or 

attesting 

take 

the 

2.
The  particulars  to  be  provided  on  any  such
label shall also be established in accordance with the
procedure  laid  down  in  Article  21.’;

18.

following  Article 

the 
Article 11:

shall  be 

inserted  after

‘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.’;

19. Article  13(1)  shall  be  deleted  and  paragraph  2

replaced  by  the  following:

‘1. Member  States  shall  specify  that  seed  in
mixtures  of  various  genera,  species  or  varieties  may
be  placed  on  the  market:

— if  it  is  not  intended  for  use  as  fodder  plants,  in
which  case  the  mixtures  may  contain  seeds  of
fodder  plants  and  seeds  of  plants  which  are  not
fodder  plants  within 
this
Directive;

the  meaning  of 

— if it is intended for use as fodder plants, in which
case  the  mixture  may  contain  seeds  of  plant
species 
66/401/EEC,
66/402/EEC,  69/208/EEC  or  70/458/EEC,  with
the  exception  of  the  varieties  mentioned  in
Article  4(2)(a)  of  Directive  70/457/EEC;

in  Directives 

listed 

— if it is intended for use in the preservation of the
natural  environment 
in  the  context  of  the
conservation  of  genetic  resources  referred  to  in
Article  22a(b),  in  which  case  the  mixtures  may
contain  seeds  of  fodder  plants  and  seeds  of
plants  which  are  not  fodder  plants  within  the
meaning  of  the  Directive.

Member  States  may  provide  that,  on  request,  small
EC  B  packages  of  seed  shall  be  sealed  and  marked
officially  or  under  official  supervision  in  accordance
with  Article  9(1)  and  Article  10.’;

In  the  cases  provided  for  in  the  first  and  second
indents,  the  various  components  of  the  mixtures
must,  in  so  far  as  they  belong  to  one  of  the  plant
species listed in Directives 66/401/EEC, 66/402/EEC,

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1.2.1999

69/208/EEC  and  70/458/EEC,  comply,  before
mixing, with the marketing regulations applicable to
them.

Other  conditions,  including  labelling  the  technical
approval  of  firms  producing  seed  mixtures,  the
inspection  of  the  production  of  mixtures,  and  the
sampling  of  primary  ingredient  lots  and  of  finished
mixtures, shall be determined in accordance with the
procedure  laid  down  in  Article  21.

In  the  case  of  the  third  indent,  the  conditions  under
which  such  mixtures  may  be  marketed  shall  be
determined  in  accordance  with  the  procedure  laid
down  in  Article  21.’;

— variety, 

indicated  at 

least 

in  Roman

characters,

— the  description  “pre-basic  seed”,

— number of generations preceding seed of the
category  “certified  seed”,  or  “certified  seed
of  the  first  generation”.

The  label  shall  be  white  with  a  diagonal  violet
line.’;

25. Article  15(2)  shall  be  replaced  by  the  following:

Fodder plant seed which has been harvested in
for

‘2.
the  Community  and  which 
certification  in  accordance  with  paragraph  1  shall:

intended 

is 

20.

the  last  subparagraph  of  Article  13(3)  shall  be
deleted;

21. Article  14(1)  shall  be  replaced  by  the  following:

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

‘1. Member States shall ensure that seed which is
placed  on  the  market  under  the  provisions  of  this
Directive,  whether  mandatory  or  discretionary,  is
not  subject  to  any  marketing  restrictions  as  regards
its 
requirements,
marking  and  sealing  other  than  those  laid  down  in
this  or  any  other  Directive.’;

characteristics, 

examination 

22. Article  14(2)  shall  be  repealed;

23. Article  14(3)  shall  be  repealed;

24.

following  Article 

the 
Article 14:

shall  be 

inserted  after

‘Article  14a

conditions  under  which  bred 

seed  of
The 
generations prior to basic seed may be placed on the
market  under  the  first  indent  of  Article  3a  shall  be
as  follows:

(a)

(b)

(c)

it  must  have  been  officially  inspected  by  the
competent  certification  authority  in  accordance
with 
the
certification  of  basic  seed;

the  provisions 

applicable 

to 

it  must  be  packed  in  accordance  with  this
Directive; and

the  packages  must  bear  an  official  label  giving
at  least  the  following  particulars:

— certification  authority  and  Member  State  or

their  distinguishing  abbreviation,

— lot  reference  number,

— month  and  year  of  sealing,  or

— month  and  year  of  the  last  official  sampling

for  the  purposes  of  certification,

— species, indicated at least under its botanical
name, which may be given in abridged form
and  without  the  authors’  names,  in  Roman
characters,

— be  accompanied  by  an  official  document
in
conditions 

laid  down 

the 

satisfying 
Annex  V(C).

The provisions in the first subparagraph on packing
and  labelling  may  be  waived  if  the  authorities
responsible  for  field  inspection,  those  drawing  up
the  documents  for  the  certification  of  seeds  which
have  not  been  definitively  certified  and  those
responsible  for  certification  are  the  same,  or  if  they
agree  on  exemption.’;

clearly  indicate  that  the  variety  has  been  genetically
modified.’;

26. Article  17  shall  be  replaced  by  the  following:

‘Article  17

the  procedure 

In  order  to  remove  any  temporary  difficulties
1.
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 
in
Article  21  that  Member  States  shall  permit,  for  a
specified  period,  the  marketing  throughout  the
Community in quantities necessary to resolve supply
difficulties  of  seed  of  a  category  subject  to  less
stringent  requirements,  or  of  seed  of  a  variety  not
included  in  the  Common  Catalogue  of  Varieties  of
Agricultural  Plant  Species  or 
the  national
catalogues  of  varieties  of  the  Member  States.

laid  down 

in 

that  provided 

label  shall  be 

For a category of seed of any given variety, the
2.
official 
the
corresponding  category;  for  seed  of  varieties  not
included  in  the  abovementioned  catalogues,  the
official  label  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.

for 

3.
Rules  for  the  application  of  paragraph  1  may
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  21.’;

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27. Article  19(1)  shall  be  replaced  by  the  following:

(ii)

in  the  case  of  (b),  appropriate  quantitative
restrictions.’;

that  official
‘1. Member  States  shall  ensure 
inspections  are  carried  out 
in  relation  to  the
marketing  of  fodder  plant  seed,  at  least  by  random
checks,  to  verify  compliance  with  the  requirements
and  conditions  of  this  Directive.’;

28. Article  19(2)  shall  be  replaced  by  the  following:

‘2. Without  prejudice  to  the  free  movement  of
seed  within  the  Community,  Member  States  shall
take  all  necessary  measures  to  ensure  that  they  are
supplied  with  the  following  particulars  during  the
marketing  of  quantities  exceeding  two  kilograms  of
seed  imported  from  third  countries:

(a)

species;

(b) variety;

(c) category;

(d) country  of  production  and  official  inspection

authority;

(e) country  of  dispatch;

(f)

importer;

(g) quantity  of  seed.

The  manner  in  which  these  particulars  are  to  be
presented may be determined in accordance with the
procedure  laid  down  in  Article  21.’;

30.

in  the  first  indent  of  Annex  II(I)(1),  the  words
“,  Brassica  napus  var.  napobrassica  and  Brassica
oleracea  convar.  acephala”  shall  be  added  after  the
words  ‘Annex  I’;

31.

in  the  second  indent  of  Annex  II(I)(1),  the  words
“Brassica  napus  var.  napobrassica  Brassica  oleracea
convar.  acephala”  shall  be  deleted;

32.

in  Annex  IV(B)(a)(8),  the  words  “certified  seed”
shall  be  replaced  by  the  word  “category”.’

Article  3

Directive  66/402/EEC  is  hereby  amended  as  follows:

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

This  Directive  shall  apply  to  the  production  with  a
view  to  marketing,  and  to  the  marketing,  of  cereal
seed  within  the  Community.’;

2.

the  following  Article  shall  be  added  after  Article  1:

29.

following  Article 

the 
Article 22:

‘Article  22a

shall  be 

inserted  after

‘Article  1a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  21  to  take  account  of  developments  in  the
areas  of:

(a) conditions  under  which  chemically  treated  seed

may  be  marketed;

(b) conditions  under  which  seed  may  be  marketed
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources,
including  seed  mixtures  of  species  which  also
include  species  listed  in  Article  1  of  Council
Directive  70/457/EEC,  and  are  associated  with
specific  natural  and  semi-natural  habitats  and
are  threatened  by  genetic  erosion;

(c) conditions  under  which  seed  suitable 
organic  production  may  be  marketed.

for

The 

specific 

2.
in
paragraph 1 shall include in particular the following
points:

conditions 

referred 

to 

(i)

in the case of (b), the seed of these species shall
be  of  a  known  provenance  approved  by  the
appropriate Authority in each Member State for
marketing  the  seed  in  defined  areas;

For the purposes of this Directive “marketing” shall
mean the sale, holding with a view to sale, offer for
sale  and  any  disposal,  supply  or  transfer  aimed  at
commercial  exploitation  of  seed  to  third  parties,
whether  or  not  for  consideration.

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  the  production  of  certain
agricultural  raw  materials,  intended  for  industrial
purposes,  or  seed  propagation  for  that  purpose,
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  supplier  of  seed  shall  provide  the  Certification
Authority  with  a  copy  of  the  relevant  parts  of  the
contract made with the provider of services and this
shall  include  the  standards  and  conditions  currently
met  by  the  seed  provided.

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The  conditions  for  the  application  of  this  provision
shall  be  determined 
the
procedure  laid  down  in  Article  21.’;

in  accordance  with 

3. Article  2(1d)  shall  be  repealed;

4. Article  3(1)  shall  be  replaced  by  the  following:

‘1. Member  States  shall  provide  that  cereal  seed
may  not  be  placed  on  the  market  unless  it  has  been
officially  certified  as  “basic  seed”,  “certified  seed”,
“certified  seed,  first  generation”  or  “certified  seed,
second generation”.’;

5.

in  Article  3(2),  the  words  ‘and  marketing’  shall  be
deleted;

6. Article  3(4)  shall  be  repealed;

7.

following  Article 

the 
Article  3:

shall  be 

inserted  after

‘Article  3a

Notwithstanding  Article  3(1),  Member  States  shall
provide  that:

— bred  seed  of  generations  prior  to  basic  seed,

and

— seed  as  grown,  marketed 
that 

identity  of 

for  processing,
is
the  seed 

the 

provided 
ensured,

may  be  placed  on  the  market.’;

8. Article  4(2)  shall  be  repealed;

9. Article  4(3)  shall  be  repealed;

10.

following  paragraph 

the 
Article  4:

shall  be  added 

to

‘4. Member  States  making  use  of  the  derogation
provided  for  in  either  subparagraph  1(a)  or  1(b)
shall  assist  each  other  administratively  as  regards
inspection.’;

on  human  health  and  the  environment.  For  the
environmental  risk  assessment  to  be  carried  out  in
this  respect,  the  provisions  of  Article  7(4)  of
Directive  70/457/EEC  shall  apply  accordingly.

The purposes for which the authorities referred
2.
to  in  paragraph  1(b)  may  be  given,  the  provisions
relating  to  the  marking  of  packages,  and  the
quantities  and  the  conditions  under  which  Member
States  may  grant  such  authorisation  shall  be
determined  in  accordance  with  the  procedure  laid
down  in  Article  21.

3.
Authorisations  granted  before  the  date  of
adoption  of  this  Directive  by  Member  States  to
producers in their own territory for the purposes set
out  in  paragraph  1  shall  remain  in  force  pending
determination  of  the  provisions  referred  to 
in
paragraph 2. Thereafter, all such authorisations shall
respect the provisions established in accordance with
paragraph 2.’;

12.

following  Article 

the 
Article  5:

shall  be 

inserted  after

‘Article  5a

Member  States  may  restrict  the  certification  of  seed
of  oats,  barley,  rice  and  wheat  to  that  of  certified
seed  of  the  first  generation.’;

13.

in  Article  9(3)  the  words  ‘sealed  in  their  own
territory.  Conditions  relating  to  these  exceptions
may  be  determined 
the
procedure  laid  down  in  Article  21’  shall  be  added
after  the  words  ‘small  packages’;

in  accordance  with 

14. Article  10(2)  shall  be  replaced  by  the  following:

‘2. Member  States  may  provide  for  exceptions  to
paragraph  1  in  the  case  of  small  packages  sealed  in
their  own  territory.  Conditions  relating  to  these
exceptions  may  be  determined  in  accordance  with
the  procedure  laid  down  in  Article  21.’;

15. Article  11  shall  be  replaced  by  the  following:

11.

following  Article 

the 
Article  4:

shall  be 

inserted  after

‘Article  11

‘Article  4a

1. Notwithstanding  Article  3(1),  Member  States
may  authorise  producers  in  their  own  territory  to
place  on  the  market:

(a)

small  quantities  of  seed  for,  scientific  purposes
or  selection  work;

(b) appropriate  quantities  of  seed  for  other  test  or
trial  purposes,  provided  it  belongs  to  varieties
for  which  an  application  for  entry  in  the
catalogue  has  been  submitted  in  the  Member
State  in  question.

In  accordance  with  the  procedure  laid  down  in
Article  21,  it  may  be  provided  that,  in  cases  other
than  those  already  provided  for  in  this  Directive,
packages  of  basic  or  certified  seed  of  any  kind  shall
bear  a  supplier’s  label  (which  may  either  be  a  label
separate  from  the  official  label  or  take  the  form  of
suppliers’ information printed on the package itself).
The  particulars  to  be  provided  on  any  such  label
shall  also  be  established  in  accordance  with  the
procedure  laid  down  in  Article  21.’;

16.

following  paragraph 

the 
Article 11:

shall  be  added 

to

In  the  case  of  genetically  modified  material,  such
authorisation may be granted only if all appropriate
measures  have  been  taken  to  avoid  adverse  effects

‘3.
This  Directive  shall  not  affect  the  right  of
Member  States  to  require  that  seed  lots  complying
with  the  special  conditions  concerning  the  presence

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of  Avena  fatua  laid  down  in  accordance  with  the
procedure  provided  for  in  Article  21  shall  be
accompanied  by  an  official  certificate  attesting
compliance  with  those  conditions.’;

17.

following  Article 

the 
Article 11:

shall  be 

inserted  after

‘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.’;

18.

in Article 13(1), the word ‘may’ shall be replaced by
the  word  ‘shall’;

19.

in Article 13(2), the word ‘may’ shall be replaced by
the  word  ‘shall’;

20.

the  following  paragraph  shall  be  added  after
Article  13(2):

‘2a.
The  specific  conditions  under  which  such
mixtures  may  be  marketed  shall  be  determined  in
accordance  with 
in
Article 21.’;

the  procedure 

laid  down 

21. Article  14(1)  shall  be  replaced  by  the  following:

‘1. Member States shall ensure that seed which is
placed  on  the  market  under  the  provisions  of  this
Directive,  whether  mandatory  or  discretionary,  is
not  subject  to  any  marketing  restrictions  as  regards
its 
requirements,
marking  and  sealing  other  than  those  laid  down  in
this  or  any  other  Directive.’;

characteristics, 

examination 

22. Article  14(2)  shall  be  repealed;

23. Article  14(3)  shall  be  repealed;

— month  and  year  of  sealing,  or

— month  and  year  of  the  last  official  sampling

for  the  purposes  of  certification,

— species, indicated at least under its botanical
name, which may be given in abridged form
and  without  the  authors’  names,  in  Roman
characters,

— variety, 

indicated  at 

least 

in  Roman

characters,

— the  description  “pre-basic  seed”,

— number of generations preceding seed of the
categories  “certified  seed”  or  “certified  seed
of  the  first  generation”.

The  label  shall  be  white  with  a  diagonal  violet
line.’;

25. Article  15(2)  shall  be  replaced  by  the  following:

‘2.
Cereal  seed  which  has  been  harvested  in  the
Community,  and  which  is  intended  for  certification
in  accordance  with  paragraph  1,  shall:

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

— be  accompanied  by  an  official  document
satisfying  the  conditions  laid  down  in  Annex
V(C).

The provisions in the first subparagraph on packing
and  labelling  may  be  waived  if  the  authorities
responsible  for  field  inspection,  those  drawing  up
the  documents  for  the  certification  of  seeds  which
have  not  been  definitively  certified  and  those
responsible  for  certification  are  the  same,  or  if  they
agree  on  exemption.’;

24.

following  Article 

the 
Article 14:

shall  be 

inserted  after

‘Article  17

26. Article  17  shall  be  replaced  by  the  following:

‘Article  14a

conditions  under  which  bred 

seed  of
The 
generations prior to basic seed may be placed on the
market  under  the  first  indent  of  Article  3a,  shall  be
as  follows:

(a)

(b)

(c)

it  must  have  been  officially  inspected  by  the
competent  certification  authority  in  accordance
with 
the
certification  of  basic  seed;

the  provisions 

applicable 

to 

it  must  be  packed  in  accordance  with  the
provisions  of  this  Directive;  and

the  packages  must  bear  an  official  label  giving
at  least  the  following  particulars:

— certification  authority  and  Member  State  or

their  distinguishing  abbreviation,

— lot  reference  number,

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  in  quantities
necessary to resolve the supply difficulties of seed of
a  category  subject  to  less  stringent  requirements,  or
of  seed  of  a  variety  not  included  in  the  Common
Catalogue  of  Varieties  of  Agricultural  Plant  Species
or  in  the  national  catalogues  of  varieties  of  the
Member  States.

label  shall  be 

For a category of seed of any given variety, the
2.
the
official 
corresponding  category;  for  seed  of  varieties  not
included 
in  the  abovementioned  catalogues  the
colour of the official label shall be brown. The label

that  provided 

for 

L 25/12

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shall  always  state  that  the  seed  in  question  is  of  a
category  satisfying  less  stringent  requirements.

3.
Rules  for  the  application  of  paragraph  1  may
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  21.’;

27. Article  19(1)  shall  be  replaced  by  the  following:

that  official
‘1. Member  States  shall  ensure 
inspections  are  carried  out 
in  relation  to  the
marketing,  at  least  by  random  checks,  to  verify
compliance  with 
this
Directive.’;

requirements  of 

the 

The 

specific 

in
2.
paragraph 1 shall include in particular the following
points:

conditions 

referred 

to 

(i)

in the case of (b), the seed of these species shall
be  of  a  known  provenance  approved  by  the
appropriate authority in each Member State for
marketing  the  seed  in  defined  areas;

(ii)

in  the  case  of  (b),  appropriate  quantitative
restrictions.’

Article  4

28. Article  19(2)  shall  be  replaced  by  the  following:

Directive  66/403/EEC  is  hereby  amended  as  follows:

‘2. Without  prejudice  to  the  free  movement  of
seed  within  the  Community,  Member  States  shall
take  all  necessary  measures  to  ensure  that  they  are
supplied  with  the  following  particulars  during  the
marketing  of  quantities  exceeding  two  kilograms  of
seed  imported  from  third  countries:

(a)

species;

(b) variety;

(c) category;

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

This  Directive  shall  apply  to  the  production  with  a
view  to  marketing,  and  to  the  marketing,  of  seed
potatoes  within  the  Community.’;

2.

following  Article 

the 
Article  1:

shall  be 

inserted  after

(d) country  of  production  and  official  inspection

‘Article  1a

authority;

(e) country  of  dispatch;

(f)

importer;

(g) quantity  of  seed.

The  manner  in  which  these  particulars  are  to  be
presented may be determined in accordance with the
procedure  laid  down  in  Article  21.’;

29.

following  Article 

the 
Article 22:

shall  be 

inserted  after

‘Article  22a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  21  to  take  account  of  developments  in  the
areas  of:

(a) conditions  under  which  chemically  treated  seed

may  be  marketed;

(b) conditions  under  which  seed  may  be  marketed
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources,
including  seed  mixtures  of  species  which  also
include  species  listed  in  Article  1  of  Council
Directive  70/457/EEC,  and  are  associated  with
specific  natural  and  semi-natural  habitats  and
are  threatened  by  genetic  erosion;

(c) conditions  under  which  seed  suitable 
organic  production  may  be  marketed.

for

For the purposes of this Directive “marketing” shall
mean the sale, holding with a view to sale, offer for
sale  and  any  disposal,  supply  or  transfer  aimed  at
commercial  exploitation  of  seed  potatoes  to  third
parties,  whether  or  not  for  consideration.

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  under  certain  conditions  to
providers  of  services  for  the  production  of  certain
agricultural  raw  materials,  intended  for  industrial
purposes,  or  seed  propagation  for  that  purpose,
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  supplier  of  seed  shall  provide  the  Certification
Authority  with  a  copy  of  the  relevant  parts  of  the
contract made with the provider of services and this
shall  include  the  standards  and  conditions  currently
met  by  the  seed  provided.

The  conditions  for  the  application  of  this  provision
shall  be  determined 
the
procedure  laid  down  in  Article  19.’;

in  accordance  with 

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3. Article  3(2)(B)  shall  be  repealed;

4.

following  Article 

the 
Article  3:

shall  be 

inserted  after

‘Article  3a

Notwithstanding  Article  3(1),  Member  States  shall
provide that bred seed potatoes of generations prior
to  basic  seed  potatoes  may  be  placed  on  the
market.’;

5.

following  Article 

the 
Article  4:

shall  be 

inserted  after

‘Article  4a

1. Notwithstanding  Article  3(1),  Member  States
may  authorise  producers  on  their  own  territory  to
place  on  the  market:

(a)

small  quantities  of  seed  potatoes  for  scientific
purposes  or  selection  work;

(b) appropriate  quantities  of  seed  potatoes  for
other  test  or  trial  purposes,  provided  they
belong  to  varieties  for  which  an  application  for
entry in the catalogue has been submitted in the
Member  State  in  question.

In  the  case  of  genetically  modified  material,  such
authorisation may be granted only if all appropriate
measures  have  been  taken  to  avoid  adverse  effects
on  human  health  and  the  environment.  For  the
environmental  risk  assessment  to  be  carried  out  in
this  respect,  the  provisions  of  Article  7(4)  of
Directive  70/457/EEC  shall  apply  accordingly.

2.
The purposes for which the authorities referred
to  in  paragraph  1(b)  may  be  given,  the  provisions
relating  to  the  marking  of  packages,  and  the
quantities  and  the  conditions  under  which  Member
States  may  grant  such  authorisation  shall  be
determined  in  accordance  with  the  procedure  laid
down  in  Article  19.

Authorisations  granted  before  the  date  of
3.
adoption  of  this  Directive  by  Member  States  to
producers in their own territory for the purposes set
out  in  paragraph  1  shall  remain  in  force  pending
determination  of  the  provisions  referred  to 
in
paragraph 2. Thereafter, all such authorisations shall
respect the provisions established in accordance with
paragraph 2.’;

6.

following  Article 

the 
Article  5:

shall  be 

inserted  after

‘Article  5a

1. Member  States  may  require  that  seed  potatoes
produced  in  their  own  territory  may  be  separated
during  production  from  other  potatoes  for  plant
health  reasons.

The  requirements  provided  for  in  paragraph  1

2.
may  include  measures  to:

— separate  the  production  of  seed  and  other

potatoes;

— separate  the  grading,  storage,  transportation  and

handling  of  seed  and  other  potatoes.’;

7. Article  7(1)  shall  be  replaced  by  the  following:

that 

shall  provide 

‘1. Member  States 
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 25 × 25 mm. In the case of
tubers  which  are  too  large  to  pass  through  a  square
mesh of 35 × 35 mm, the upper and lower size limits
shall  be  expressed  in  multiples  of  5.

The  maximum  variation  in  size  between  tubers  in  a
lot  shall  be  such  that  the  difference  between  the
dimensions  of  the  two  square  meshes  used  does  not
exceed  25  mm.  These  sizing  standards  may  be
modified  in  accordance  with  the  procedure  laid
down  in  Article  19.’;

8. Article  7(4)  shall  be  repealed;

9.

in  Article  9(3),  the  words  ‘sealed  in  their  own
territory.  Conditions  relating  to  these  exceptions
may  be  determined 
the
procedure  laid  down  in  Article  19’  shall  be  added
after  the  words  ‘small  packages’;

in  accordance  with 

10. Article  10(2)  shall  be  replaced  by  the  following:

‘2. Member  States  may  provide  for  exceptions  to
paragraph  1  in  the  case  of  small  packages  sealed  in
their  own  territory.  Conditions  relating  to  these
exceptions  may  be  determined  in  accordance  with
the  procedure  laid  down  in  Article  19.’;

11. Article  11  shall  be  replaced  by  the  following:

‘Article  11

In  accordance  with  the  procedure  laid  down  in
Article  19,  it  may  be  provided  that,  in  cases  other
than  those  provided  for  in  this  Directive,  packages
or containers of basic seed potatoes or certified seed
potatoes  shall  bear  a  supplier’s  label  (which  may
either  be  a  label  separate  from  the  official  label  or
take  the  form  of  the  suppliers’  information  printed
on  the  package  or  container  itself).  The  particulars
to  be  provided  on  any  such  label  shall  also  be
established  in  accordance  with  the  procedure  laid
down  in  Article  19.’;

12.

following  Article 

the 
Article 11:

shall  be 

inserted  after

‘Article  11a

In  the  case  of  seed  potatoes  of  a  variety  which  has
been  genetically  modified,  any  label  or  document,
is  affixed  to  or
official  or  otherwise,  which 

L 25/14

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1.2.1999

accompanies  the  seed  lot,  under  the  provisions  of
this  Directive,  shall  clearly  indicate  that  the  variety
has  been  genetically  modified.’;

13. Article  13(1)  shall  be  replaced  by  the  following:

— variety, 

indicated  at 

least 

in  Roman

characters,

— the  description  “pre-basic  seed  potatoes”.

The  label  shall  be  white  with  a  diagonal  violet
line.’;

‘1. Member States shall ensure that seed potatoes
which are placed on the market under the provisions
or
this  Directive,  whether  mandatory 
of 
discretionary,  are  not  subject  to  any  marketing
restrictions 
characteristics,
examination  requirements,  marking  and  sealing
other  than  those  laid  down  in  this  or  any  other
Directive.’;

regards 

their 

as 

14. Article  13(4)  shall  be  repealed;

15.

following  Article 

the 
Article 13:

shall  be 

inserted  after

‘Article  13a

The  conditions  under  which  bred  seed  potatoes  of
generations  prior  to  basic  seed  potatoes  may  be
placed  on  the  market  under  Article  3a,  shall  be  as
follows:

(a)

they  must  have  been  produced  in  accordance
with  accepted  practices  for  the  maintenance  of
the  variety  and  of  health;

16. Article  14(1)  shall  be  replaced  by  the  following:

In  accordance  with  the  procedure  laid  down
‘1.
in  Article  19,  the  Commission  may  prohibit,  in
whole  or  in  part,  the  marketing  of  seed  potatoes
harvested  in  a  particular  area  of  the  Community  if
the progeny of officially drawn samples of basic seed
potatoes  or  certified  seed  potatoes  harvested  in  that
particular  area  and  grown 
in  one  or  more
Community  test  fields  has  for  three  successive  years
fallen  appreciably  below  the  minimum  conditions
in  Annex  I(1c),  (2c),  (3)  and  (4).
laid  down 
Satisfaction  of  the  other  minimum  conditions  laid
down  in  Annex  I  may  also  be  checked  during  the
comparative tests.’;

17. Article  14(2)  shall  be  replaced  by  the  following:

‘2.
Any  measures  taken  under  paragraph  1  shall
be  withdrawn  by  the  Commission  as  soon  as  it  has
been  established  with  adequate  certainty  that  the
basic  seed  potatoes  and  certified  seed  potatoes
harvested  in  the  particular  area  of  the  Community
concerned  will 
in  future  satisfy  the  minimum
conditions  referred  to  in  paragraph  1.’;

(b)

they  must  be 
production  of  basic  seed  potatoes;

intended  mainly 

for 

the

18. Article  14(3)  shall  be  repealed;

(c)

(d)

(e)

(f)

they must satisfy the minimum conditions to be
established  by  the  procedure  laid  down  in
Article  19  for  pre-basic  seed  potatoes;

they  must  have  been 
found  by  official
examination  to  satisfy  the  minimum  conditions
referred  to  in  (c);

they  must  be  placed  in  packages  or  containers
in  accordance  with  this  Directive;  and

the packages or containers must bear an official
label  giving  at  least  the  following  particulars:

— certification  authority  and  Member  State  or

their  distinguishing  abbreviation,

— producer’s 

identification  number  or 

lot

reference  number,

— month  and  year  of  sealing,

— species, 

least 

indicated  at 

in  Roman
characters,  under  its  botanical  name,  which
may  be  given  in  abridged  form  and  without
the  authors’  names,  or  under  its  common
name,  or  both,

19. Article  16  shall  be  replaced  by  the  following:

‘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 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  in  quantities  necessary  to  resolve  the
supply  difficulties  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.

For  a  category  of  seed  potatoes  of  any  given
2.
variety,  the  official  label  shall  be  that  provided  for
the  corresponding  category;  for  seed  potatoes  of
varieties  not 
the  abovementioned
catalogues  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
stringent  requirements.

included 

in 

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L 25/15

Rules  for  the  application  of  paragraph  1  may
3.
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  19.’;

20. Article  18(1)  shall  be  replaced  by  the  following:

that  official
‘1. Member  States  shall  ensure 
inspections  are  carried  out 
in  relation  to  the
marketing  of  seed  potatoes,  at  least  by  random
checks,  to  verify  compliance  with  the  requirements
and  conditions  of  this  Directive.’;

(i)

in the case of (b), the seed of these species shall
be  of  a  known  provenance  approved  by  the
appropriate authority in each Member State for
marketing  the  seed  in  defined  areas;

(ii)

in  the  case  of  (b),  appropriate  quantitative
restrictions.’

Article  5

21. Article  18(2)  shall  be  replaced  by  the  following:

Directive  69/208/EEC  is  hereby  amended  as  follows:

‘2. Without  prejudice  to  the  free  movement  of
seed  potatoes  within  the  Community,  Member
States  shall  take  all  necessary  measures  to  ensure
that they are supplied with the following particulars
during  the  marketing  of  quantities  exceeding  two
kilograms  of  seed  potatoes  imported  from  third
countries:

(a)

species;

(b) variety;

(c) category;

(d) country 

of 

production 

and 

inspection

authority;

(e) country  of  dispatch;

(f)

importer;

(g) quantity  of  seed  potatoes.

The  manner  in  which  these  particulars  are  to  be
presented may be determined in accordance with the
procedure  laid  down  in  Article  19.’;

22.

following  Article 

the 
Article 20:

shall  be 

inserted  after

‘Article  20a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  19  to  take  account  of  developments  in  the
areas  of:

(a) conditions  under  which  chemically  treated  seed

may  be  marketed;

(b) conditions  under  which  seed  may  be  marketed
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources,
including  seed  mixtures  of  species  which  also
include  species  listed  in  Article  1  of  Council
Directive  70/457/EEC,  and  are  associated  with
specific  natural  and  semi-natural  habitats  and
are  threatened  by  genetic  erosion;

(c) conditions  under  which  seed  suitable 
organic  production  may  be  marketed.

for

The 

specific 

2.
in
paragraph 1 shall include in particular the following
points:

conditions 

referred 

to 

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

This  Directive  shall  apply  to  the  production  with  a
view  to  marketing,  and  to  the  marketing  within  the
Community, of seed of oil and fibre plants intended
for  agricultural  production  but  not  for  ornamental
purposes.’;

2.

following  Article 

the 
Article  1:

shall  be 

inserted  after

‘Article  1a

For the purposes of this Directive, “marketing” shall
mean the sale, holding with a view to sale, offer for
sale  and  any  disposal,  supply  or  transfer  aimed  at
commercial  exploitation  of  seed  to  third  parties,
whether  or  not  for  consideration.

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  the  production  of  certain
agricultural  raw  materials,  intended  for  industrial
purposes,  or  seed  propagation  for  that  purpose,
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  supplier  of  seed  shall  provide  the  Certification
Authority  with  a  copy  of  the  relevant  parts  of  the
contract made with the provider of services and this
shall  include  the  standards  and  conditions  currently
met  by  the  seed  provided.

The  conditions  for  the  application  of  this  provision
shall  be  determined 
the
procedure  laid  down  in  Article  20.’;

in  accordance  with 

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3. Article  2(1c)  shall  be  repealed;

4.

5.

in  Article  3(1),  the  words  ‘and  unless  it  satisfies  the
conditions  laid  down  in  Annex  II’  shall  be  deleted;

in  Article  3(2),  the  words  ‘and  unless  the  seed  also
satisfies  the  conditions  laid  down  in  Annex  II’  shall
be  deleted;

6. Article  3(5)  shall  be  repealed;

7.

following  Article 

the 
Article  3:

shall  be 

inserted  after

10.

‘Article  3a

Notwithstanding  Article  3(1)  and  (2),  Member
States  shall  provide  that:

— bred  seed  of  generations  prior  to  basic  seed,

and

— seed  as  grown,  marketed 
that 

identity  of 

for  processing,
is
the  seed 

the 

provided 
ensured,

may  be  placed  on  the  market.’;

8.

the  following  subparagraph  shall  be  added  at  the
end  of  Article  4:

‘Member  States  making  use  of  the  derogation
provided  for  in  either  subparagraph  (a)  or  (b)  shall
regards
assist  each  other  administratively  as 
inspection.’;

9.

following  Article 

the 
Article  4:

shall  be 

inserted  after

‘Article  4a

1. Notwithstanding  Article  3(1)  and  (2),  Member
States  may  authorise  producers 
their  own
territory  to  place  on  the  market:

in 

(a)

small  quantities  of  seed  for  scientific  purposes
or  selection  work,

(b) appropriate  quantities  of  seed  for  other  test  or
trial  purposes,  provided  it  belongs  to  varieties
for  which  an  application  for  entry  in  the
catalogue  has  been  submitted  in  the  Member
State  in  question.

In  the  case  of  genetically  modified  material,  such
authorisation may be granted only if all appropriate
measures  have  been  taken  to  avoid  adverse  effects
on  human  health  and  the  environment.  For  the
environmental  risk  assessment  to  be  carried  out  in
this  respect,  the  provisions  of  Article  7(4)  of
Directive  70/457/EEC  shall  apply  accordingly.

The  purposes  for  which  the  authorisations
2.
referred  to  in  paragraph  1(b)  may  be  given,  the
provisions  relating  to  the  marking  of  packages,  and
the  quantities  and  the  conditions  under  which

Member  States  may  grant  such  authorisation,  shall
be determined in accordance with the procedure laid
down  in  Article  20.

3.
Authorisations  granted  before  the  date  of
adoption  of  this  Directive  by  Member  States  to
producers in their own territory for the purposes set
out  in  paragraph  1  shall  remain  in  force  pending
determination  of  the  provisions  referred  to 
in
paragraph 2. Thereafter, all such authorisations shall
respect the provisions established in accordance with
paragraph 2.’;

the  following  words  shall  be  added  at  the  end  of
territory.
in 
Article  9(3): 
Conditions  relating  to  these  exceptions  may  be
determined  in  accordance  with  the  procedure  laid
down  in  Article  20.’;

their  own 

‘sealed 

11. Article  10(2)  shall  be  replaced  by  the  following:

‘2. Member  States  may  provide  for  exceptions  to
paragraph 1 in the case of small packages sealed on
their  own  territory.  Conditions  relating  to  these
exceptions  may  be  determined  in  accordance  with
the  procedure  laid  down  in  Article  20.’;

12. Article  11  shall  be  replaced  by  the  following:

‘Article  11

In  accordance  with  the  procedure  laid  down  in
Article  20,  it  may  be  provided  that  Member  States
may require that, in cases other than those provided
for in this Directive, packages of basic seed, certified
seed of all categories or commercial seed shall bear a
supplier’s label (which may either be a label separate
from the official label or take the form of suppliers’
information  printed  on  the  package  itself).  The
particulars  to  be  provided  on  any  such  label  shall
also be established in accordance with the procedure
laid  down  in  Article  20.’;

13.

following  Article 

the 
Article 11:

shall  be 

inserted  after

‘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.’;

14. Article  13(1)  shall  be  replaced  by  the  following:

‘1. Member States shall ensure that seed which is
placed  on  the  market  under  the  provisions  of  this
Directive,  whether  mandatory  or  discretionary,  is
not  subject  to  any  marketing  restrictions  as  regards
its 
requirements,
marking  and  sealing  other  than  those  laid  down  in
this  or  any  other  Directive.’;

characteristics, 

examination 

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15. Article  13(2)  shall  be  repealed;

16. Article  13(3)  shall  be  repealed;

have  not  been  definitively  certified  and  those
responsible  for  certification  are  the  same,  or  if  they
agree  on  exemption.’;

shall  be 

inserted  after

19. Article  16  shall  be  replaced  by  the  following:

17.

following  Article 

the 
Article 14:

‘Article  14a

conditions  under  which  bred 

The 
seed  of
generations prior to basic seed may be placed on the
market  under  the  first  indent  of  Article  3a,  shall  be
as  follows:

(a)

(b)

(c)

it  must  have  been  officially  inspected  by  the
competent  certification  authority  in  accordance
with 
the
certification  of  basic  seed;

the  provisions 

applicable 

to 

it  must  be  packed  in  accordance  with  this
Directive; and

the  packages  must  bear  an  official  label  giving
at  least  the  following  particulars:

— certification  authority  and  Member  State  or

their  distinguishing  abbreviation,

— lot  reference  number,

— month  and  year  of  sealing,  or

— month  and  year  of  the  last  official  sampling

for  the  purposes  of  certification,

— species, indicated at least under its botanical
name, which may be given in abridged form
and  without  the  authors’  names,  in  Roman
characters,

— variety, 

indicated  at 

least 

in  Roman

characters,

— the  description  “pre-basic  seed”,

— number of generations preceding seed of the
categories “certified seed”, or “certified seed
of  the  first  generation”.

The  label  shall  be  white  with  a  diagonal  violet
line.’;

18. Article  14(2)  shall  be  replaced  by  the  following:

‘2.
Seed  of  oil  and  fibre  plants  which  has  been
harvested  in  the  Community  and  which  is  intended
for  certification  in  accordance  with  paragraph  1
shall:

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

— be  accompanied  by  an  official  document
in
conditions 

laid  down 

the 

satisfying 
Annex  V(C).

The provisions in the first subparagraph on packing
and  labelling  may  be  waived  if  the  authorities
responsible  for  field  inspection,  those  drawing  up
the  documents  for  the  certification  of  seeds  which

‘Article  16

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  in  quantities
necessary to resolve the supply difficulties of seed of
a  category  subject  to  less  stringent  requirements,  or
of  seed  of  a  variety  not  included  in  the  Common
Catalogue  of  Varieties  of  Agricultural  Plant  Species
or  in  the  national  catalogues  of  varieties  of  the
Member  States.

that  provided 

label  shall  be 

For a category of seed of any given variety, the
2.
the
official 
corresponding  category;  for  seed  of  varieties  not
included 
in  the  abovementioned  catalogues  the
official  label  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.

for 

3.
Rules  for  the  application  of  paragraph  1  may
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  20.’;

20. Article  18(1)  shall  be  replaced  by  the  following:

that  official
‘1. Member  States  shall  ensure 
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.’;

21. Article  18(2)  shall  be  replaced  by  the  following:

‘2. Without  prejudice  to  the  free  movement  of
seed  within  the  Community,  Member  States  shall
take  all  necessary  measures  to  ensure  that  they  are
supplied  with  the  following  particulars  during  the
marketing  of  quantities  exceeding  two  kilograms  of
seed  imported  from  third  countries:

(a)

species;

(b) variety;

(c) category;

(d) country  of  production  and  official  inspection

authority;

(e) country  of  dispatch;

(f)

importer;

(g) quantity  of  seed.

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The  manner  in  which  these  particulars  are  to  be
presented may be determined in accordance with the
procedure  laid  down  in  Article  20.’;

22.

following  Article 

the 
Article 21:

shall  be 

inserted  after

‘Article  21a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  20  to  take  account  of  developments  in  the
areas  of:

(a) conditions  under  which  chemically  treated  seed

may  be  marketed;

(b) conditions  under  which  seed  may  be  marketed
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources,
including  seed  mixtures  of  species  which  also
include  species  listed  in  Article  1  of  Council
Directive  70/457/EEC,  and  are  associated  with
specific  natural  and  semi-natural  habitats  and
are  threatened  by  genetic  erosion;

(c) conditions  under  which  seed  suitable 
organic  production  may  be  marketed.

for

The 

specific 

2.
in
paragraph 1 shall include in particular the following
points:

conditions 

referred 

to 

(i)

in the case of (b), the seed of these species shall
be  of  a  known  provenance  approved  by  the
appropriate Authority in each Member State for
marketing  the  seed  in  defined  areas;

(ii)

in  the  case  of  (b),  appropriate  quantitative
restrictions.’

ingredient  falling  within  the  scope  of  Regulation
(EC)  No  258/97  of  the  European  Parliament  and  of
the  Council  of  27  January  1997  concerning  novel
foods and novel food ingredients (**), these foods or
food  ingredients  must  not:

— present  a  danger  for  the  consumer,

— mislead  the  consumer,

— differ from foods or food ingredients which they
are  intended  to  replace  to  such  an  extent  that
their normal consumption would be nutritionally
disadvantageous  for  the  consumer.

In  the  interest  of  conserving  plant  genetic
6.
resources  as  specified  in  Article  20(a)(3)(a)  and
(3)(b),  the  Member  States  may  depart  from  the
acceptance  criteria  set  out  in  the  first  sentence  of
paragraph  1  in  so  far  as  specific  conditions  are
established  in  accordance  with  the  procedure  laid
down  in  Article  23  considering  the  requirements  of
Article  20(a)(4)(i),  (4)(ii)  and  (4)(iii).

(*) OJ  L  117,  8.5.1990,  p.  15.  Directive  as  last
amended  by  Directive  97/35/EC  (OJ  L  169,
27.6.1997,  p.  72).

(**) OJ  L  43,  14.2.1997,  p.  1.’;

2.

the  following  subparagraph  shall  be  added  to
Article  7(2):

‘(c)

the  necessary  arrangements  for  the  growing
trials to be carried out with a view to assessing
the  value 
these
arrangements  may  determine:

for  cultivation  or  use; 

— the  procedures  and  conditions  under  which
all  or  several  Member  States  may  agree  to
include  in  the  growing  trials,  by  way  of
administrative assistance, varieties for which
acceptance  has  been
a 
introduced  in  another  Member  State;

request 

for 

Article  6

Directive  70/457/EEC  is  hereby  amended  as  follows:

1.

the  following  paragraphs  shall  be  added  after
Article  4(3):

‘4.
In  the  case  of  a  genetically  modified  variety
within  the  meaning  of  Article  2(1)  and  (2)  of
Council  Directive  90/220/EEC  of  23  April  1990  on
into  the  environment  of
the  deliberate  release 
genetically  modified  organisms (*),  the  variety  shall
be  accepted  only  if  all  appropriate  measures  have
been taken to avoid adverse effects on human health
and  the  environment.

5. However,  where  material  derived  from  a  plant
variety  is  intended  to  be  used  as  a  food  or  food

— the 

terms  of  cooperation  between 
the
authorities  of  the  participating  Member
States;

— the  impact  of  the  results  of  the  growing

trials;

— the  standards  relating  to  information  on
growing  trials  for  assessment  of  the  value
for  cultivation  or  use.’;

3.

the  following  paragraph  shall  be  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 equivalent to that laid down
in  Directive  90/220/EEC  shall  be  carried
out.

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(b) The 

that 

ensuring 

procedures 

the
environmental  risk  assessment  and  other
relevant  elements  shall  be  equivalent  to
those  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.
Until  this  Regulation  enters 
into  force
genetically  modified  varieties  shall  only  be
accepted 
in  a  national
inclusion 
catalogue  after  having  been  accepted  for
marketing 
in  accordance  with  Directive
90/220/EEC.

for 

(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 
in
the 
Article 23.’;

procedure 

down 

laid 

6.

the  following  paragraph  shall  be  added  after
Article  12(a)(3):

‘4.
In  accordance  with  the  procedure  laid  down
in  Article  23  rules  may  be  established  for  the
application  of  paragraphs  1  and  2.’;

7. Article  12(2)  shall  be  replaced  by  the  following:

‘2.
Acceptance  of  a  variety  may  be  renewed  at
given  intervals  if  it  is  still  cultivated  on  such  a  scale
as  to  justify  this,  or  should  be  retained  in  the
interest  of  conserving  plant  genetic  resources,  and
providing  that  the  requirements  as  to  distinctness,
uniformity  and  stability,  or  the  criteria  determined
under Article 20(a)3 and 4, are still satisfied. Except
in  the  case  of  plant  genetic  resources  within  the
meaning  of  Article  20(a)  applications  for  renewal
shall  be  submitted  not  later  than  two  years  before
expiry  of  acceptance.’;

8. Article  15(1)  shall  be  replaced  by  the  following:

4.

the  following  paragraph  shall  be  added  after
Article  7(4):

‘5. (a) The  Member  States  shall  ensure  that  a
variety  intended  to  be  used  for  the  purpose
laid down in this paragraph is accepted only
if:

‘1. Member  States  shall  ensure  that,  with  effect
from  the  publication  referred  to  in  Article  18,  seed
this
of  varieties  accepted 
in  accordance  with 
Directive  or 
accordance  with  principles
corresponding  to  those  of  this  Directive  is  not
subject  to  any  marketing  restrictions  relating  to
variety.’;

in 

— the  food  or  the  food  ingredient  has
already  been  authorised  pursuant  to
Regulation  (EC)  No  258/97,  or

— the authorisation decisions referred to in
Regulation (EC) No 258/97 are taken in
accordance  with  the  procedure  provided
for  in  Article  23  of  this  Directive.

(b)

In  the  case  laid  down  in  the  second  indent
of  paragraph  (a),  the  criteria  set  out  in
Article  4(5)  and  the  assessment  principles
laid  down  in  Regulation  (EC)  No  258/97
shall  be  taken  into  account.

(c) The  technical  and  scientific  details  of  the
implementation  of  the  measures  laid  down
in  paragraph 
in
accordance with the procedure laid down in
Article  23  of  this  Directive.’;

(b)  shall  be  adopted 

5.

the  following  paragraph  shall  be  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.’;

9. Article  15(2)  shall  be  replaced  by  the  following:

A Member State may, upon application which
‘2.
shall  be  dealt  with  as  provided  for  in  Article  23  or
in  Article  23a  in  the  case  of  genetically  modified
varieties,  be  authorised  to  prohibit  the  use  of  the
variety  in  all  or  in  part  of  its  territory  or  to  lay
down  appropriate  conditions  for  cultivating  the
variety  in  accordance,  in  cases  provided  for  in
subparagraph  (c),  with  the  conditions  for  using  the
products  resulting  from  such  cultivation:

(a) where it is established that the cultivation of the
variety could be harmful from the point of view
of  plant  health  to  the  cultivation  of  other
varieties  or  species,  or

(b) where  official  growing  trials  carried  out  in  the
applicant  Member  States,  Article  5(4)  being
applied  correspondingly,  show  that  the  variety
does  not,  in  any  part  of  its  territory,  produce
results  corresponding  to  those  obtained  from  a
comparable  variety  accepted  in  the  territory  of
that  Member  State  or,  where  it  is  well  known
that the variety is not suitable for cultivation in
any  part  of  its  territory  because  of  its  type  or
maturity  class.  The  application  shall  be  lodged
before  the  end  of  the  third  calendar  year
following  that  of  acceptance;

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(c) where  it  has  valid  reasons  other  than  those
already  mentioned  or  which  may  have  been
mentioned  during  the  procedure  referred  to  in
Article  10(2)  for  considering  that  the  variety
presents  a  risk  for  human  health  or  the
environment.’;

down in Article 23 to take account of developments
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources  through
growing  and  marketing  of  seed  of  landraces  and
varieties  which  are  naturally  adapted  to  the  local
and  regional  conditions  and  threatened  by  genetic
erosion.

10. Article  15(3)  shall  be  repealed;

11. Article  15(4)  shall  be  repealed;

12. Article  15(5)  shall  be  repealed;

13. Article  15(6)  shall  be  repealed;

14. Article  15(7)  shall  be  repealed;

15.

the  following  subparagraph  shall  be  added  after  the
second  subparagraph  of  Article  18:

‘The  published  notice  shall  clearly  indicate  those
varieties  which  have  been  genetically  modified.’;

16. Article  19  shall  be  replaced  by  the  following:

‘Article  19

the  procedure 

If  it  is  established  that  the  cultivation  of  a  variety
included in the common catalogue of varieties could
in  any  Member  State  be  harmful  from  the  point  of
view  of  plant  health  to  the  cultivation  of  other
varieties  or  species,  or  present  a  risk  for  the
environment  or  for  human  health,  that  Member
State  may  upon  application,  be  authorised 
in
in
laid  down 
accordance  with 
Article  23  or  in  Article  23a  in  the  case  of  a
genetically  modified  variety 
the
marketing  of  the  seed  or  propagating  material  of
that  variety  in  all  or  part  of  its  territory.  Where
there  is  imminent  danger  of  the  spread  of  harmful
organisms  or  imminent  danger  for  human  health  or
for  the  environment,  that  prohibition  may  be
imposed  by  the  Member  State  concerned  as  soon  as
its  application  has  been  lodged  until  such  time  as  a
final decision has been taken. That decision shall be
taken within a period of three months in accordance
with  the  procedure  laid  down  in  Article  23  or  in
Article  23a  in  the  case  of  a  genetically  modified
variety.’;

to  prohibit 

17.

following  Article 

the 
Article 20:

shall  be  added  after

‘Article  20a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  23  to  take  account  of  developments  in
relation  to  the  conditions  under  which  chemically
treated  seed  may  be  marketed.

2. Without  prejudice  to  Council  Regulation  (EC)
No  1467/94  of  20  June  1994  on  the  conservation,
characterisation,  collection  and  utilisation  of  genetic
resources  in  agriculture (*),  specific  conditions  shall
be established in accordance with the procedure laid

The 

specific 

3.
in
paragraph  2  above  shall  include  in  particular  the
following  points:

conditions 

referred 

to 

(i)

experience 

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. 
the  results  of
In  particular 
unofficial  tests  and  knowledge  gained  from
cultivation,
practical 
the  detailed
reproduction  and  use  and 
descriptions  of  the  varieties  and  their  relevant
denominations, as notified to the Member State
concerned,  shall  be  taken  into  account  and,  if
sufficient,  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;

during 

(ii) appropriate  quantitative  restrictions.

(*) OJ  L  159,  28.6.1994,  p.  1.’;

18.

following  Article 

the 
Article 23:

shall  be  added  after

‘Article  23a

1. Where  the  procedure  laid  down  in  this  Article
is  to  be  followed,  matters  shall  be  referred  by  the
Chairman,  either  on  his  own  initiative  or  at  the
request  of  the  representative  of  a  Member  State,  to
the  Standing  Committee  on  Seeds  and  Propagating
Material  for  Agriculture,  Horticulture  and  Forestry
(hereinafter  called  the  “Committee”).

The  representative  of  the  Commission  shall
2.
submit  to  the  Committee  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  representatives  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 the measures envisaged
if  they  are  in  accordance  with  the  opinion  of  the
Committee.

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L 25/21

If the measures envisaged are not in accordance with
the  opinion  of  the  Committee  or  if  no  opinion  is
delivered,  the  Commission  shall  without  delay
submit  to  the  Council  a  proposal  relating  to  the
measures  to  be  taken.  The  Council  shall  act  by  a
qualified majority.

If  on  the  expiry  of  a  period  of  three  months  from
referral  to  the  Council,  the  Council  has  not  acted,
the  proposed  measures  shall  be  adopted  by  the
Commission.’;

the seed thus supplied or the product of the harvest.
The  supplier  of  seed  shall  provide  the  Certification
Authority  with  a  copy  of  the  relevant  parts  of  the
contract made with the provider of services and this
shall  include  the  standards  and  conditions  currently
met  by  the  seed  provided.

The  conditions  for  the  application  of  this  provision
shall  be  determined 
the
procedure  laid  down  in  Article  40.’;

in  accordance  with 

19.

following  Article 

the 
Article 24:

shall  be  added  after

‘Article  24a

3. Article  2(1b)  shall  be  repealed;

4. Article  4  shall  be  replaced  by  the  following:

‘Article  4

Specific conditions may be established in accordance
with  the  procedure  laid  down  in  Article  23  to  take
the
account  of  developments 
conservation  of  genetic  resources.’

the  area  of 

in 

The  Member  States  shall  ensure  that  a  variety
is  distinct,  stable  and

if 

it 

1.
is  accepted  only 
sufficiently  uniform.

Article  7

Directive  70/458/EEC  is  hereby  amended  as  follows:

1. Article  1  shall  be  replaced  by  the  following:

‘Article  1

This  Directive  shall  apply  to  the  production  with  a
view  to  marketing,  and  to  the  marketing,  of
vegetable  seed  within  the  Community.’;

2.

the  following  Article  shall  be  added  after  Article  1:

‘Article  1a

For the purposes of this Directive, “marketing” shall
mean the sale, holding with a view to sale, offer for
sale  and  any  disposal,  supply  or  transfer  aimed  at
commercial  exploitation  of  seed  to  third  parties,
whether  or  not  for  consideration.

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  the  production  of  certain
agricultural  raw  materials,  intended  for  industrial
purposes,  or  seed  propagation  for  that  purpose,
shall  not  be  regarded  as  marketing,  provided  the
provider  of  services  does  not  acquire  title  to  either

In the case of industrial chicory, the variety must be
of  satisfactory  value  for  cultivation  and  use.

2.
In  the  case  of  a  genetically  modified  variety
within  the  meaning  of  Article  2(1)  and  (2)  of
Council  Directive  90/220/EEC  of  23  April  1990  on
into  the  environment  of
the  deliberate  release 
genetically  modified  organisms (*),  the  variety  shall
be  accepted  only  if  all  appropriate  measures  have
been taken to avoid adverse effects on human health
and  the  environment.

3. However,  where  material  derived  from  a  plant
variety  is  intended  to  be  used  as  a  food  or  food
ingredient  falling  within  the  scope  of  Regulation
(EC)  No  258/97  of  the  European  Parliament  and  of
the  Council  of  27  January  1997  concerning  novel
foods and novel food ingredients (**), these foods or
food  ingredients  must  not:

— present  a  danger  for  the  consumer,

— mislead  the  consumer,

— differ from foods or food ingredients which they
are  intended  to  replace  to  such  an  extent  that
their normal consumption would be nutritionally
disadvantageous  for  the  consumer.

4.
In  the  interest  of  conserving  plant  genetic
resources  as  specified  in  Article  39(a)(2)(a)  and
(2)(b),  the  Member  States  may  depart  from  the
acceptance  criteria  set  out  in  paragraph  1  in  so  far
as  specific  conditions  are  established  in  accordance
in  Article  40
with  the  procedure 
considering  the  requirements  of  Article  39(a)(3)(i)
and  3(ii).

laid  down 

(*) OJ  L  117,  8.5.1990,  p.  15.  Directive  as  last
amended  by  Directive  97/35/EC  (OJ  L  169,
27.6.1997,  p.  72).

(**) OJ  L  43,  14.2.1997,  p.  1.’;

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5.

in  Article  7(1),  first  subparagraph,  the  following
shall be added to the last sentence: ‘in relation to the
results  of  an  official  examination.’;

8.

the  following  paragraph  shall  be  added  after
Article  10(4):

6.

the  following  paragraph  shall  be  added  after
Article  7(3):

‘4. (a)

to 

referred 

In  the  case  of  a  genetically  modified  variety
as 
an
environmental  risk  assessment  equivalent  to
that  laid  down  in  Directive  90/220/EEC
shall  be  carried  out.

in  Article  4(4) 

(b) The 

that 

ensuring 

procedures 

the
environmental  risk  assessment  and  other
relevant  elements  shall  be  equivalent  to
those  laid  down  in  Directive  90/220/EEC
shall be introduced on an proposal from the
Commission,  in  a  Council  Regulation  based
on the appropriate legal basis in the Treaty.
Until  this  Regulation  enters 
into  force
genetically  modified  varieties  shall  only  be
accepted 
in  a  national
inclusion 
catalogue  after  having  being  accepted  for
in  accordance  with  Directive
marketing 
90/220/EEC.

for 

(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 
in
the 
Article 40.’;

procedure 

down 

laid 

7.

the  following  paragraphs  shall  be  added  after
Article  7(4):

‘5. (a) The  Member  States  shall  ensure  that  a
variety  intended  to  be  used  for  the  purpose
laid  down  this  paragraph  is  accepted  only
if:

12.

‘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.’;

9. Article  13(2)  shall  be  replaced  by  the  following:

‘2.
Acceptance  of  a  variety  may  be  renewed  a
given  intervals  if  it  is  still  cultivated  on  such  a  scale
as  to  justify  this,  or  should  be  retained  in  the
interest  of  conserving  plant  genetic  resources,  and
providing  that  the  requirements  as  to  distinctness,
uniformity  and  stability,  or  the  criteria  determined
under  Article  39(a)(3)  and  (4),  are  still  satisfied.
Except  in  the  case  of  plant  genetic  resources  within
the  meaning  of  Article  39(a),  applications  for
renewal  shall  be  submitted  not  later  than  two  years
before  expiry  of  acceptance.’;

10.

the  following  paragraph  shall  be  added  after
Article  15(2):

‘3.
In  the  case  of  varieties  the  acceptance  of
which  has  been  renewed  pursuant  to  Article  13(3),
Member  States  may  allow  the  names  used  before
such  renewal  to  be  used  until  30  June  1994.’;

11.

the  following  paragraph  shall  be  added  after
Article  13(a)(3):

‘4.
In  accordance  with  the  procedure  laid  down
in  Article  40  rules  may  be  established  for  the
application  of  paragraphs  1,  2  and  3.’;

the 

second  and 

in 
subparagraphs  of
Article  16(1),  the  words  ‘after  expiry  of  a  period  of
two  months  following’  shall  be  replaced  by  the
words  ‘with  effect  from’;

third 

— the  food  or  the  food  ingredient  have
already  been  authorised  pursuant  to
Regulation  (EC)  No  258/97,  or

— the authorisation decisions referred to in
Regulation (EC) No 258/97 are taken in
accordance  with  the  procedure  provided
for  in  Article  40  of  this  Directive.

(b)

In  the  case  laid  down  in  the  second  indent
of  paragraph  (a),  the  criteria  set  out  in
Article  4(5)  and  the  assessment  principles
laid  down  in  Regulation  (EC)  No  258/97
shall  be  taken  into  account.

(c) The  technical  and  scientific  details  of  the
implementation  of  the  measures  laid  down
in  paragraph 
in
accordance with the procedure laid down in
Article  40  of  this  Directive.’;

(b)  shall  be  adopted 

13.

in  Article  17,  the  words  ‘after  expiry  of  a  period  of
two  months’  shall  be  deleted;

14. Article  16(2)  shall  be  replaced  by  the  following:

‘2.
A Member State may, upon application which
shall  be  dealt  with  as  provided  for  in  Article  40  or
in  Article  40(a)  in  the  case  of  genetically  modified
varieties,  be  authorised  to  prohibit  the  use  of  the
variety  in  all  or  in  part  of  its  territory  or  to  lay
down  appropriate  conditions  for  cultivating  the
variety  in  accordance,  in  cases  provided  for  in
paragraph  (b),  with  the  conditions  for  using  the
products  resulting  from  such  cultivation:

(a) where it is established that the cultivation of the
variety could be harmful from the point of view
of  plant  health  to  the  cultivation  of  other
varieties  or  species;  or

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(b) where  it  has  valid  reasons  other  than  those
already  mentioned  or  which  may  have  been
mentioned  during  the  procedure  referred  to  in
Article  11(2)  for  considering  that  the  variety
presents  a  risk  for  human  health  or  the
environment.’;

15. Article  16(3)  shall  be  repealed;

16. Article  16(4)  shall  be  repealed;

17.

the  following  paragraph  shall  be  added  after  the
second  paragraph  of  Article  17:

‘The  published  notice  shall  clearly  indicate  those
varieties  which  have  been  genetically  modified.’;

18. Article  18  shall  be  replaced  by  the  following:

‘Article  18

the  procedure 

If  it  is  established  that  the  cultivation  of  a  variety
included in the common catalogue of varieties could
in  any  Member  State  be  harmful  from  the  point  of
view  of  plant  health  to  the  cultivation  of  other
varieties  or  species,  or  present  a  risk  for  the
environment  or  for  human  health,  that  Member
in
State  may  upon  application,  be  authorised 
accordance  with 
in
laid  down 
Article  40  or  in  Article  40(a)  in  the  case  of  a
genetically  modified  variety 
the
marketing  of  the  seed  or  propagating  material  of
that  variety  in  all  or  part  of  its  territory.  Where
there  is  imminent  danger  of  the  spread  of  harmful
organisms  or  imminent  danger  for  human  health  or
for  the  environment,  that  prohibition  may  be
imposed  by  the  Member  State  concerned  as  soon  as
its  application  has  been  lodged  until  such  time  as  a
final decision has been taken. That decision shall be
taken within a period of three months in accordance
with  the  procedure  laid  down  in  Article  40  or  in
Article  40(a)  in  the  case  of  genetically  modified
variety.’;

to  prohibit 

19.

in Article 20(1), the words ‘and unless it satisfies the
conditions  laid  down  in  Annex  II’  shall  be  deleted;

20.

in  Article  20(1)(a),  the  words  ‘and  unless  it  satisfies
the  conditions  laid  down  in  Annex  II’  shall  be
deleted;

21. Article  20(4)  shall  be  repealed;

22.

following  Article 

the 
Article 20:

shall  be 

inserted  after

‘Article  20a

— seed  as  grown,  marketed 
that 

identity  of 

for  processing,
is
the  seed 

the 

provided 
ensured,

may  be  placed  on  the  market.’;

23.

the  following  subparagraph  shall  be  added  at  the
end  of  Article  21:

‘Member  States  making  use  of  the  derogation
provided  for  in  either  subparagraph  (a)  or  (b)  shall
assist  each  other  administratively  as 
regards
inspection.’;

24.

following  Article 

the 
Article 21:

shall  be 

inserted  after

‘Article  21a

1. Notwithstanding  Article  20(1)  and 
Member  States  may:

(1a),

(a) authorise  producers  on  their  own  territory  to
place on the market small quantities of seed for
scientific  or  selection  purposes;

(b) authorise  breeders  and  their  representatives
established  in  their  territory  to  market,  for  a
limited  period,  seed  belonging  to  a  variety  for
which an application for inclusion in a national
catalogue  has  been  submitted  in  at  least  one
Member  State  and  for  which  specific  technical
information  has  been  submitted.

the  authorisations 

to 
(b)  above  shall  be  determined 
laid  down 

The  conditions  under  which  Member  States
2.
in
may  grant 
in
paragraph 
accordance  with 
in
Article  40,  particularly  as  regards  the  acquisition  of
data,  the  type  of  data,  the  storage  and  name  of  the
variety  and  the  labelling  of  packages.

the  procedure 

referred 

3.
Authorisations  granted  before  the  date  of
adoption  of  the  present  directive  by  Member  States
to  producers  in  their  own  territory  for  the  purposes
set out in paragraph 1 shall remain in force pending
determination  of  the  provisions  referred  to 
in
paragraph 2. Thereafter, all such authorisations shall
respect the provisions established in accordance with
paragraph 2.’;

25. Article  24(3)  shall  be  replaced  by  the  following:

‘3. Notwithstanding  paragraph  1,  Member  States
may  authorise  their  own  producers  to  place  on  the
market  small  packages  of  mixtures  of  standard  seed
of  different  varieties  of  the  same  species.  The
species,  where  this  provision  applies,  the  rules  for
the  maximum  size  of  the  small  packages  and  the
requirements  for  labelling  shall  be  established  in
in
accordance  with 
Article 40.’;

the  procedure 

laid  down 

Notwithstanding  Article  20(1)  and  (1a),  Member
States  shall  provide  that:

26.

the  following  words  shall  be  added  at  the  end  of
Article  25(4):

— bred  seed  of  generations  prior  to  basic  seed,

and

‘. . .  closed  on  their  own  territory.  Conditions
relating  to  these  exceptions  may  be  determined  in

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accordance  with 
Article 40.’;

the  procedure 

laid  down 

in

— certification  authority  and  Member  State  or

their  distinguishing  abbreviation,

27. Article  26(1a)  shall  be  replaced  by  the  following:

— lot  reference  number,

‘1a. Member States may provide for exceptions to
paragraph  1  in  the  case  of  small  packages  sealed  in
their  own  territory.  Conditions  relating  to  these
exceptions  may  be  determined  in  accordance  with
the  procedure  laid  down  in  Article  40.’;

28. Article  28(1)  shall  be  replaced  by  the  following:

‘1.
In  accordance  with  the  procedure  laid  down
in Article 40, it may be provided that in cases other
than  those  already  provided  for  in  this  Directive,
packages of basic seed, certified seed of any kind or
standard  seed  shall  bear  a  supplier’s  label  (which
may either be a label separate from the official label
or  take  the  form  of  supplier’s  information  printed
on  the  package  itself).

The  particulars  to  be  provided  on  any  such  label
shall  also  be  established  in  accordance  with  the
procedure  laid  down  in  Article  40.’;

— month  and  year  of  sealing,  or

— month  and  year  of  the  last  official  sampling

for  the  purposes  of  certification,

— species, indicated at least under its botanical
name, which may be given in abridged form
and  without  the  authors’  names,  in  Roman
characters,

— variety, 

indicated  at 

least 

in  Roman

characters,

— the  description  ‘pre-basic  seed’,

— number of generations preceding seed of the

category  ‘certified  seed’.

The  label  shall  be  white  with  a  diagonal  violet
line.’;

shall  be 

inserted  after

33. Article  31(2)  shall  be  replaced  by  the  following:

29.

following  Article 

the 
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.’;

30. Article  30(1)  shall  be  replaced  by  the  following:

‘1. Member States shall ensure that seed which is
placed  on  the  market  under  the  provisions  of  this
Directive,  whether  mandatory  or  discretionary,  is
not  subject  to  any  marketing  restrictions  as  regards
its 
requirements,
marking  and  sealing  other  than  those  laid  down  in
this  or  any  other  Community  Directive.’;

characteristics, 

examination 

31. Article  30(3)  shall  be  repealed;

Vegetable  seed  which  has  been  harvested  in
for

‘2.
the  Community  and  which 
certification  in  accordance  with  paragraph  1  shall:

intended 

is 

— be  packed  and  labelled  with  an  official  label
conditions 
in
laid  down 
in  accordance  with
(B), 

satisfying 
Annex  V(A)  and 
Article  25(1),  and

the 

— be  accompanied  by  an  official  document
in
conditions 

laid  down 

the 

satisfying 
Annex  V(C).

The  provisions  in  the  first  indent  on  packaging  and
labelling  may  be  waived 
the  authorities
responsible  for  field  inspections,  those  drawing  up
the  documents  for  the  certification  of  seeds  which
have  not  been  definitively  certified  and  those
responsible  for  certification  are  the  same,  or  if  they
agree  on  exemption.’;

if 

32.

following  Article 

the 
Article 30:

shall  be 

inserted  after

34. Article  33  shall  be  replaced  by  the  following:

‘Article  30a

‘Article  33

conditions  under  which  bred 

seed  of
The 
generations prior to basic seed may be placed on the
market under the first indent of Article 20a, shall be
as  follows:

(a)

(b)

(c)

it  must  have  been  officially  inspected  by  the
competent  certification  authority  in  accordance
with 
the
certification  of  basic  seed;

the  provisions 

applicable 

to 

it  must  be  packed  in  accordance  with  this
Directive; and

the  packages  must  bear  an  official  label  giving
at  least  the  following  particulars:

the  procedure 

it  may  be  decided 
laid  down 

In  order  to  remove  any  temporary  difficulties
1.
in  the  general  supply  of  basic  certified  or  standard
seed  that  occur  in  the  Community  and  cannot  be
in
otherwise  overcome, 
accordance  with 
in
Article  40  that  Member  States  shall  permit,  for  a
specified  period,  the  marketing  throughout  the
Community  in  quantities  necessary  to  resolve  the
supply  difficulties  of  seed  of  a  category  subject  to
less  stringent  requirements,  or  of  seed  of  a  variety
not  included  in  the  Common  Catalogue  of  Varieties
of Vegetable Species or in the national catalogues of
varieties  of  the  Member  States.

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label  or  suppliers’ 

For a category of seed of any given variety, the
2.
official 
label  shall  be  that
provided for the corresponding category; for seed of
varieties  not 
the  abovementioned
catalogues  the  colour  of  the  label  shall  be  brown.
in
The 
question  is  of  a  category  satisfying  less  stringent
requirements.

label  shall  always  state  that  the  seed 

included 

in 

3.
Rules  for  the  application  of  paragraph  1  may
be  adopted  in  accordance  with  the  procedure  laid
down  in  Article  40.’;

35. Article  35(1)  shall  be  replaced  by  the  following:

that  official
‘1. Member  States  shall  ensure 
inspections  are  carried  out 
in  relation  to  the
marketing  of  vegetable  seed,  at  least  by  random
checks,  to  verify  compliance  with  the  requirements
and  conditions  of  this  Directive.’;

36. Article  35(2)  shall  be  replaced  by  the  following:

‘2. Without  prejudice  to  the  free  movement  of
seed  within  the  Community,  Member  States  shall
take  all  necessary  measures  to  ensure  that  they  are
supplied  with  the  following  particulars  during  the
marketing  of  quantities  exceeding  two  kilograms  of
seed  imported  from  third  countries:

(a)

species;

(b) variety;

(c) category;

(d) country  of  production  and  official  inspection

authority;

(e) country  of  dispatch;

(f)

importer;

(g) quantity  of  seed.

The  manner  in  which  these  particulars  are  to  be
presented may be determined in accordance with the
procedure  laid  down  in  Article  40.’;

37.

following  Article 

the 
Article 39:

shall  be  added  after

‘Article  39a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

in
1.
accordance  with 
in
Article  40  to  take  account  of  developments  in
relation  to  the  conditions  under  which  chemically
treated  seed  may  be  marketed.

Specific  conditions  shall  be  established 
laid  down 
the  procedure 

in
2.
accordance  with 
in
Article  40  to  take  account  of  developments  in
relation 
the
sustainable  use  of  plant  genetic  resources  through
growing  and  marketing  of  seed  of:

the  conservation 

in  situ  and 

to 

(a)

landraces  and  varieties  which  have  been
traditionally  grown  in  particular  localities  and

regions  and  threatened  by  genetic  erosion
without  prejudice 
the  provisions  of
to 
Regulation  (EC)  No  1467/94;

(b) varieties  with  no  intrinsic  value  for  commercial
crop  production  but  developed  for  growing
under  particular  conditions.

The 

specific 

3.
in
paragraph 2 shall include in particular the following
points:

conditions 

referred 

to 

(i)

(ii)

in  the  case  of  (a),  the  landraces  and  varieties
shall  be  accepted 
in  accordance  with  the
provisions  of  this  Directive.  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
sufficient,  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;

the  case  of 

in 
quantitative  restrictions.’;

(a)  and 

(b)  appropriate

38.

following  Article 

the 
Article 40:

shall  be  added  after

‘Article  40a

1. Where  the  procedure  laid  down  in  this  Article
is  to  be  followed,  matters  shall  be  referred  by  the
Chairman,  either  on  his  own  initiative  or  at  the
request  of  the  representative  of  a  Member  State,  to
the  Standing  Committee  on  Seeds  and  Propagating
Material  for  Agriculture,  Horticulture  and  Forestry
(hereinafter  called  the  ‘Committee’).

2.
The  representative  of  the  Commission  shall
submit  to  the  Committee  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  representatives  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 the measures envisaged
if  they  are  in  accordance  with  the  opinion  of  the
Committee.

If the measures envisaged are not in accordance with
the  opinion  of  the  Committee  or  if  no  opinion  is
delivered,  the  Commission  shall  without  delay

L 25/26

EN

Official  Journal  of  the  European  Communities

1.2.1999

submit  to  the  Council  a  proposal  relating  to  the
measures  to  be  taken.  The  Council  shall  act  by  a
qualified majority.

If  on  the  expiry  of  a  period  of  three  months  from
referral  to  the  Council,  the  Council  has  not  acted,
the  proposed  measures  shall  be  adopted  by  the
Commission.’;

39.

following  Article 

the 
Article 41:

shall  be 

inserted  after

‘Article  41a

Specific  conditions  may  be  established 
laid  down 
the  procedure 

1.
in
in
accordance  with 
Article  40  to  take  account  of  developments  in  the
areas  of:

(a) conditions  under  which  chemically  treated  seed

may  be  marketed;

(b) conditions  under  which  seed  may  be  marketed
in  relation  to  the  conservation  in  situ  and  the
sustainable  use  of  plant  genetic  resources,
including  seed  mixtures  of  species  which  also
include  species  listed  in  Article  1  of  Council
Directive  70/457/EEC,  and  are  associated  with
specific  natural  and  semi-natural  habitats  and
are  threatened  by  genetic  erosion;

(c) conditions  under  which  seed  suitable 
organic  production  may  be  marketed.

for

The 

specific 

2.
in
paragraph 1 shall include in particular the following
points:

conditions 

referred 

to 

(i)

in the case of (b), the seed of these species shall
be  of  a  known  provenance  approved  by  the
appropriate Authority in each Member State for
marketing  the  seed  in  defined  areas;

(ii)

in  the  case  of  (b),  appropriate  quantitative
restrictions.’;

40. Article  42  shall  be  replaced  by  the  following:

‘Article  42

Upon  application  by  a  Member  State,  which  will  be
dealt  with  as  provided  for  in  Article  40,  that  State
may  be  wholly  or  partially  released  from  the
obligation  to  apply  this  Directive,  to  certain  species
which  are  not  normally  reproduced  or  marketed  in
its  territory,  save  where  this  would  run  counter  to
Articles  16(1)  and  30(1).’

for  them  to  comply  with  this  Directive  and  by  way  of
derogation  from  Article  2(1)(C)(a)  and  (b)  of  Directive
66/401/EEC,  permit 
the  marketing  of  seed  of  a
generation  previously  permitted.

2. Member  States  may  also,  during  a  transitional
period  of  not  more  than  four  years  after  the  entry  into
force of the laws, regulations or administrative provisions
necessary  for  them  to  comply  with  this  Directive  and  by
way  of  derogation  from  Article  3(22)  of  this  Directive,
which  repeals  Article  14(2)(a)  of  Directive  66/402/EEC,
continue  to  restrict  the  marketing  of  certified  seed  of
oats,  barley,  rice,  triticale,  wheat  or  spelt  to  that  of  the
first  generation.

3. Member  States  which  currently  operate  restrictions
on  the  marketing  of  fodder  plant  seeds  in  mixtures  in
accordance with Article 13 of Directive 66/401/EEC may
also,  during  a  transitional  period  of  not  more  than  four
years  after  the  entry  into  force  of  the  laws,  regulations
and  administrative  provisions  necessary  for  them  to
comply  with  this  Directive  and  by  way  of  derogation
from  Article  2(19)  of  this  Directive,  continue  to  prohibit
the  marketing  of  mixtures  of  fodder  plant  seeds.

Article  9

1. Member  States  shall  bring  into  force  the  laws,
regulations  or  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  twelve  months
after  the  date  of  notification  of  this  Directive.

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 reference shall be laid down
by  Member  States.

2. Member  States  shall  immediately  communicate  to
the  Commission  the  provisions  of  national  law  which
they  adopt  in  the  field  covered  by  this  Directive.  The
Commission  shall 
inform  the  other  Member  States
thereof.

Article  10

This  Directive  is  addressed  to  the  Member  States.

Article  8

Done  at  Brussels,  14  December  1998.

1. 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

For  the  Council

The  President

W.  MOLTERER