Council Directive 98/96/EC of 14 December 1998 amending, inter alia, as regards unofficial field inspections under 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, marketing, plant health control, seed

1.2.1999

EN

Official  Journal  of  the  European  Communities

L 25/27

COUNCIL  DIRECTIVE  98/96/EC

of  14  December  1998

amending,  inter  alia,  as  regards  unofficial  field  inspections  under  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,

— Council  Directive  70/458/EEC  of  29  September  1970

on  the  marketing  of  vegetable  seed (10);

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),

89/540/EEC 

Whereas  Commission  Decision 
of
22  September  1989  on  the  organisation  of  a  temporary
experiment  on  the  marketing  of  seeds  and  propagating
material (11),  organised  a  temporary  experiment  under
specified  conditions,  with  the  aim  of  assessing  whether
unofficial  field  inspections  could  ensure  simplification  of
the  procedures  for  official  seed  certification  required
under  Directives  66/400/EEC,  66/401/EEC,  66/402/EEC
and  69/208/EEC  without  a  significant  decrease  in  the
quality  of  the  seed;

Whereas,  for  the  reasons  given  below,  the  following
Directives  on  the  marketing  of  seed  and  propagating
material  should  be  amended:

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

marketing  of  beet  seed (4),

Whereas  the  results  of  the  experiment  have  shown  that,
for  certain  purposes,  there  could  be  a  simplification  of
the  procedures  for  official  seed  certification  of  ‘certified
seed’  of  all  categories,  if  inspections  were  allowed  to  be
carried  out  by  inspectors  other  than  those  charged  with
official  examination  by  the  seed  certification  authority;

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

marketing  of  fodder  plant  seed (5),

Whereas administrative developments have taken place in
the  Member  States;

— 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),  and

(1) OJ  C  289,  24.9.1997,  p.  6.
(2) OJ  C  167,  29.6.1998,  p.  302.
(3) OJ  C  73,  9.3.1998,  p.  45.
(4) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by
Directive  98/95/EC  (See  page  1  of  this  Official  Journal).
(5) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by

Directive  98/95/EC.

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

Directive  98/95/EC.

(7) OJ 125, 11.7.1966, p. 2320/66. Directive as last amended by

Directives 

Whereas 
66/402/EEC  and  69/208/EEC 
accordingly;

66/400/EEC, 

66/401/EEC,
should  be  amended

Directives 

66/401/EEC, 

66/402/EEC,
Whereas 
69/208/EEC and 70/458/EEC provide for amendments to
be  made  to  the  lists  of  species  referred  to  therein  in  the
light  of  the  development  of  scientific  or  technical
knowledge  concerning  the  names  and  hybrids  resulting
from  the  crossing  of  species  covered  by  those  Directives,
in  accordance  with  the  Standing  Committee  procedure;

Whereas  it  is  desirable  to  facilitate  the  addition  of  new
species  to  the  list  of  species  in  the  said  directives;

Whereas 
accordingly;

those 

directives 

should 

be 

amended

66/401/EEC,
Whereas 
66/402/EEC,  69/208/EEC  and  70/458/EEC  provide  for

66/400/EEC, 

Directives 

Directive  98/95/EC.

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

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

Directive  98/95/EC.

Directive  98/95/EC.

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

Directive  98/95/EC.

(11) OJ  L  286,  4.10.1989,  p.  24.  Decision  as  last  amended  by
Commission  Decision  96/336/EC  (OJ  L  128,  29.5.1996,
p.  23).

L 25/28

EN

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1.2.1999

the  organisation  of  temporary  experiments  for  the
purpose  of  seeking  improved  alternatives  to  certain
elements 
adopted
certification 
thereunder;

schemes 

the 

of 

Whereas,  in  the  light  of  experience,  it  is  desirable  to
extend the scope of the organization of such experiments
for  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  the  said  directives;

Whereas it is desirable to provide a legal base in Directive
temporary
66/403/EEC 
improved
experiments 
alternatives 
that
directive;

for 
for 
to  certain  provisions  set  out 

the  organization  of 
the  purpose  of  seeking 

in 

it 

is  desirable 

Whereas 
in  Directives
70/457/EEC  and  70/458/EEC  for  rules  in  relation  to  the
suitability  of  varietal  denominations,

to  provide 

HAS  ADOPTED  THIS  DIRECTIVE:

(d) carry  out 

inspections  under  official
supervision  in  accordance  with  the  rules
applicable  to  official  inspections;

(ii)

the  seed  crop  to  be  inspected  shall  be  grown
from 
seed  which  has  undergone  official
post-control,  the  results  of  which  have  been
satisfactory;

(iii) a  proportion  of  the  seed  crops  shall  be  checked
by  official  inspectors.  That  proportion  shall  be
10 %  for  self-pollinated  crops  and  20 %  for
cross-pollinated  crops  or,  for  those  species  for
for  official
which  Member  States  provide 
laboratory  seed-testing  using  morphological,
physiological or, where appropriate, biochemical
procedures  to  identify  the  variety  and  establish
purity,  5 %  and  15 % respectively;

(iv) a  proportion  of  samples  from  the  seed  lots
harvested from the seed crops shall be drawn for
official  post-control  and,  where  appropriate,  for
official  laboratory  seed  testing  in  respect  of
varietal  identity  and  purity;

Article  1

(v)

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

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

‘(d)

(i) which has been found by official examination to
satisfy  the  above  mentioned  conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I(A),  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or  by
examination 
official
supervision.’;

carried 

under 

out 

2.

in  Article  2  the  following  paragraphs  shall  be  added:

the 

examination 

‘3. When 
official
supervision referred to in paragraph 1(C)(d)(ii) above
is  carried  out,  the  following  requirements  shall  be
complied  with:

under 

(i)

the  inspectors,  shall:

(a) have  the  necessary  technical  qualifications;

to 

the 

under 

examination 

infringements  of 

the  Member  States  shall  determine  the  penalties
rules
applicable 
governing 
official
supervision. The penalties they provide for must
be  effective,  proportionate  and  dissuasive.
Penalties  may  include  the  withdrawal  of  the
recognition  referred  to  in  paragraph  (3)(i)(c)
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening
the  rules  governing  official  examinations.  Any
certification  of  the  seed  examined  shall  be
annulled  in  the  event  of  such  contravention
unless it can be shown that such seed still meets
all  relevant  requirements.

4.
Further  measures  applicable  to  the  carrying  out
of  examinations  under  official  supervision  may  be
adopted  in  accordance  with  the  procedure  laid  down
in  Article  21.

Until  such  measures  are  adopted,  the  conditions  set
out in Article 2 of Commission Decision 89/540/EEC
shall  be  adhered  to.’;

(b) derive  no  private  gain  in  connection  with

the  carrying  out  of  the  inspections;

3.

the first paragraph of Article 13a shall be replaced by
the  following:

(c) have  been  officially  licensed  by  the  seed
certification  authority  of  the  Member  State
concerned  and  this  licensing  shall  include
either  the  swearing-in  of  inspectors  or  the
signature  by 
inspectors  of  a  written
statement  of  commitment  to  the  rules
governing  official  examinations;

‘For  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  this  Directive,  it  may  be
decided  to  organise  temporary  experiments  under
in
specified 
accordance  with 
in
Article 21.’;

level 
laid  down 

at  Community 

the  provisions 

conditions 

1.2.1999

EN

Official  Journal  of  the  European  Communities

L 25/29

4. point  3  of  Annex  I(A)  shall  be  replaced  by  the

following:

‘3.

In the case of certified seed of all categories there
shall  be  at  least  one  field  inspection,  either
official  or  under  official  supervision,  and  in  the
case  of  basic  seed  at  least  two  official  field
inspections,  one  of  stecklings  and  one  of  the
seed-producing  plants.’

Article  2

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

(iii) a  proportion  of  the  seed  shall  be  checked  by
official  inspectors.  That  proportion  shall  be
10 %  for  self-pollinated  crops  and  20 %  for
cross-pollinated  crops  or,  for  those  species  for
which  Member  States  provide 
for  official
laboratory  seed-testing  using  morphological,
physiological or, where appropriate, biochemical
procedures  to  identify  the  variety  and  establish
purity,  5 %  and  15 % respectively;

(iv) a  proportion  of  samples  from  the  seed  lots
harvested from the seed crops shall be drawn for
official  post-control  and,  where  appropriate,  for
official  laboratory  seed  testing  in  respect  of
varietal  identity  and  purity;

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

(v)

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision’;

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

to 

the 

under 

examination 

infringements  of 

the  Member  States  shall  determine  the  penalties
rules
applicable 
governing 
official
supervision. The penalties they provide for must
be  effective,  proportionate  and  dissuasive.
Penalties  may  include  the  withdrawal  of  the
recognition  referred  to  in  paragraph  (3)(i)(c)
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening
the  rules  governing  official  examinations.  Any
certification  of  the  seed  examined  shall  be
annulled  in  the  event  of  such  contravention
unless it can be shown that such seed still meets
all  relevant  requirements.

‘1a.
Amendments  to  be  made  to  the  list  of  species
referred  to  in  paragraph  1(A)  shall  be  adopted  in
in
accordance  with 
Article 21.’;

the  procedure 

laid  down 

3.

in  Article  2  the  following  paragraphs  shall  be  added:

the 

examination 

‘3. When 
official
supervision referred to in paragraph 1(C)(d)(ii) above
is  carried  out,  the  following  requirements  shall  be
complied  with:

under 

4.
Further  measures  applicable  to  the  carrying  out
of  examinations  under  official  supervision  may  be
adopted  in  accordance  with  the  procedure  laid  down
in  Article  21.

Until  such  measures  are  adopted,  the  conditions  set
out in Article 2 of Commission Decision 89/540/EEC
shall  be  adhered  to.’;

(i)

the  inspectors  shall:

4.

the first paragraph of Article 13a shall be replaced by
the  following:

(a) have  the  necessary  technical  qualifications;

(b) derive  no  private  gain  in  connection  with

the  carrying  out  of  the  inspections;

(c) have  been  officially  licensed  by  the  seed
certification  authority  of  the  Member  State
concerned  and  this  licensing  shall  include
either  the  swearing-in  of  inspectors  or  the
signature  by 
inspectors  of  a  written
statement  of  commitment  to  the  rules
governing  official  examinations;

(d) carry  out 

inspections  under  official
supervision  in  accordance  with  the  rules
applicable  to  official  inspections;

(ii)

the  seed  crop  to  be  inspected  shall  be  grown
from 
seed  which  has  undergone  official
post-control,  the  results  of  which  have  been
satisfactory;

‘For  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  this  directive,  it  may  be
decided  to  organise  temporary  experiments  under
in
specified 
accordance  with 
in
Article 21.’;

level 
laid  down 

at  Community 

the  provisions 

conditions 

5.

the  first  sentence  of  point  6  of  Annex  I  shall  be
replaced  by  the  following:

‘6. The satisfaction of the abovementioned standards
or  other  conditions  shall,  in  the  case  of  basic
seed,  be  examined  in  official  field  inspections
and,  in  the  case  of  certified  seed,  be  examined
either in official field inspections or in inspections
carried  out  under  official  supervision.’

L 25/30

EN

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1.2.1999

Article  3

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

1. Article  2(1)(E)(d)  shall  be  replaced  by  the  following:

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

2. Article  2(1)(F)(d)  shall  be  replaced  by  the  following:

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

either  the  swearing-in  of  inspectors  or  the
signature  by 
inspectors  of  a  written
statement  of  commitment  to  the  rules
governing  official  examinations;

(d) carry  out 

inspections  under  official
supervision  in  accordance  with  the  rules
applicable  to  official  inspections;

(ii)

the  seed  crop  to  be  inspected  shall  be  grown
seed  which  has  undergone  official
from 
post-control,  the  results  of  which  have  been
satisfactory;

(iii) a  proportion  of  the  seed  shall  be  checked  by
official  inspectors.  That  proportion  shall  be
10 %  for  self-pollinated  crops  and  20 %  for
cross-pollinated  crops  or,  for  those  species  for
which  Member  States  provide 
for  official
laboratory  seed-testing  using  morphological,
physiological or, where appropriate, biochemical
procedures  to  identify  the  variety  and  establish
purity,  5 %  and  15 % respectively;

(iv) a  proportion  of  samples  from  the  seed  lots
harvested from the seed crops shall be drawn for
official  post-control  and,  where  appropriate,  for
official  laboratory  seed  testing  in  respect  of
varietal  identity  and  purity;

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

(v)

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

4. Article  2(1a)  shall  be  replaced  by  the  following:

to 

the 

under 

examination 

infringements  of 

the  Member  States  shall  determine  the  penalties
rules
applicable 
governing 
official
supervision. The penalties they provide for must
be  effective,  proportionate  and  dissuasive.
Penalties  may  include  the  withdrawal  of  the
recognition  referred  to  in  paragraph  (3)(i)(c)
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening
the  rules  governing  official  examinations.  Any
certification  of  the  seed  examined  shall  be
annulled  in  the  event  of  such  contravention
unless it can be shown that such seed still meets
all  relevant  requirements.

‘1a.
Amendments  to  be  made  to  the  list  of  species
referred  to  in  paragraph  1(A)  shall  be  adopted  in
accordance  with 
in
Article 21.’;

the  procedure 

laid  down 

5.

in  Article  2  the  following  paragraphs  shall  be  added:

the 

examination 

official
under 
‘3. When 
in  paragraphs  1(E)(d)(ii),
supervision  referred  to 
1(F)(d)(ii)  and  1(G)(d)(ii)  above  is  carried  out,  the
following  requirements  shall  be  complied  with:

4.
Further  measures  applicable  to  the  carrying  out
of  examinations  under  official  supervision  may  be
adopted  in  accordance  with  the  procedure  laid  down
in  Article  21.

Until  such  measures  are  adopted,  the  conditions  set
out in Article 2 of Commission Decision 89/540/EEC
shall  be  adhered  to.’;

(i)

the  inspectors  shall:

6.

in Article 13a the first paragraph shall be replaced by
the  following:

(a) have  the  necessary  technical  qualifications;

(b) derive  no  private  gain  in  connection  with

the  carrying  out  of  the  inspections;

(c) have  been  officially  licensed  by  the  seed
certification  authority  of  the  Member  State
concerned  and  this  licensing  shall  include

‘For  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  this  directive,  it  may  be
decided  to  organise  temporary  experiments  under
in
specified 
accordance  with 
in
Article 21.’;

level 
laid  down 

at  Community 

the  provisions 

conditions 

1.2.1999

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L 25/31

7.

the  first  sentence  of  point  5  of  Annex  I  shall  be
replaced  by  the  following:

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

‘5. The satisfaction of the abovementioned standards
or  other  conditions  shall,  in  the  case  of  basic
seed,  be  examined  in  official  field  inspections
and,  in  the  case  of  certified  seed,  be  examined
either in official field inspections or in inspections
carried  out  under  official  supervision.’

Article  4

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

The  following  Article  shall  be  added  after  Article  13:

‘Article  13a

For  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  this  Directive,  other  than
those  relating  to  plant  health,  it  may  be  decided  to
organise 
specified
temporary  experiments  under 
conditions at Community level in accordance with the
provisions  laid  down  in  Article  19.

In the framework of such experiments, Member States
may be released from certain obligations laid down in
this  Directive.  The  extent  of  that  release  shall  be
defined  with  reference  to  the  provisions  to  which  it
applies.  The  duration  of  an  experiment  shall  not
exceed  seven  years.’

Article  5

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

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

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

2. Article  2(1)(D)(d)  shall  be  replaced  by  the  following:

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(iii) in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

4. Article  2(1)(Ea)(d) 

shall  be 

replaced  by 

the

following:

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

5. Article  2(1)(F)(d)  shall  be  replaced  by  the  following:

‘(d)

(i) which  has  been 

found  by  official
examination  to  satisfy  the  abovementioned
conditions,  or

(ii)

in  the  case  of  the  conditions  laid  down  in
Annex  I,  has  been  found  to  satisfy  those
conditions  either  by  official  examination  or
by  examination  carried  out  under  official
supervision.’;

6. Article  2(1a)  shall  be  replaced  by  the  following:

‘1a.
Amendments  to  be  made  to  the  list  of  species
referred  to  in  paragraph  1(A)  shall  be  adopted  in
in
accordance  with 
Article 20.’;

the  procedure 

laid  down 

7.

In  Article  2  the  following  paragraphs  shall  be
added:

the 

examination 

‘3. When 
official
supervision  referred  to  in  paragraphs  1(C)(d)(ii),
1(D)(d)(ii),  1(E)(d)(ii),  1(Ea)(d)(ii)  and  1(F)(d)(ii)
above is carried out, the following requirements shall
be  complied  with:

under 

(i)

the  inspectors  shall:

(a) have  the  necessary  technical  qualifications;

(b) derive  no  private  gain  in  connection  with

the  carrying  out  of  the  inspections;

(c) have  been  officially  licensed  by  the  seed
certification  authority  of  the  Member  State
concerned  and  this  licensing  shall  include

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1.2.1999

either  the  swearing-in  of  inspectors  or  the
signature  by 
inspectors  of  a  written
statement  of  commitment  to  the  rules
governing  official  examinations;

(d) carry  out 

inspections  under  official
supervision  in  accordance  with  the  rules
applicable  to  official  inspections;

(ii)

the  seed  crop  to  be  inspected  shall  be  grown
seed  which  has  undergone  official
from 
post-control,  the  results  of  which  have  been
satisfactory;

(iii) a  proportion  of  the  seed  shall  be  checked  by
official  inspectors.  That  proportion  shall  be
10 %  for  self-pollinated  crops  and  20 %  for
cross-pollinated  crops  or,  for  those  species  for
which  Member  States  provide 
for  official
laboratory  seed-testing  using  morphological,
physiological or, where appropriate, biochemical
procedures  to  identify  the  variety  and  establish
purity,  5 %  and  15 % respectively;

(iv) a  proportion  of  samples  from  the  seed  lots
harvested from the seed crops shall be drawn for
official  post-control  and,  where  appropriate,  for
official  laboratory  seed  testing  in  respect  of
varietal  identity  and  purity;

(v)

to 

the 

under 

examination 

infringements  of 

the  Member  States  shall  determine  the  penalties
rules
applicable 
governing 
official
supervision. The penalties they provide for must
be  effective,  proportionate  and  dissuasive.
Penalties  may  include  the  withdrawal  of  the
recognition  referred  to  in  paragraph  (3)(i)(c)
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening
the  rules  governing  official  examinations.  Any
certification  of  the  seed  examined  shall  be
annulled  in  the  event  of  such  contravention
unless it can be shown that such seed still meets
all  relevant  requirements.

4.
Further  measures  applicable  to  the  carrying  out
of  examinations  under  official  supervision  may  be
adopted  in  accordance  with  the  procedure  laid  down
in  Article  21.

Until  such  measures  are  adopted,  the  conditions  set
out in  Article 2 of  Commission Decision 89/540/EEC
shall  be  adhered  to.’;

8.

in Article 12a the first paragraph shall be replaced by
the  following:

‘For  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  this  Directive,  it  may  be
decided  to  organise  temporary  experiments  under
in
specified 
accordance  with 
in
Article 21.’;

level 
laid  down 

at  Community 

the  provisions 

conditions 

9.

in  Annex  I  the  first  sentence  of  point  5  shall  be
replaced  by  the  following:

The 

satisfaction  of 

‘5.
the  abovementioned
standards  or  other  conditions  shall,  in  the  case  of
basic  seed,  be  examined  in  official  field  inspections
and,  in  the  case  of  certified  seed,  be  examined  either
in  official  field  inspections  or  in  inspections  carried
out  under  official  supervision.’.

Article  6

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

In  Article  9  the  following  paragraph  shall  be  added:

So  far  as  the  suitability  of  the  denomination  of
‘5.
a  variety 
is  concerned,  Article  63  of  Council
Regulation  (EC)  No  2100/94  of  27  July  1994  on
Community  plant  variety  rights (*)  shall  apply.

Detailed  implementing  rules  as  to  the  suitability  of
in
denominations  of  varieties  may  be  adopted 
accordance  with  the  procedure  provided  for 
in
Article 23.

(*) OJ L 227, 1.9.1994, p. 1. Regulation as amended
by  Regulation  (EC)  No  2506/95  (OJ  L  258,
28.10.1995,  p.  3).’

Article  7

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

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

‘1a.
Amendments to be made to the lists of species
referred  to  in  paragraph  1(A)  shall  be  adopted  in
in
accordance  with 
Article 40.’;

the  procedure 

laid  down 

2.

the first paragraph of Article 29a shall be replaced by
the  following:

‘For  the  purpose  of  seeking  improved  alternatives  to
certain  provisions  set  out  in  this  directive,  it  may  be
decided  to  organise  temporary  experiments  under
in
specified 
in
accordance  with 
Article 40.’;

level 
laid  down 

at  Community 

the  provisions 

conditions 

3.

in  Article  10  the  following  paragraph  shall  be
added:

So  far  as  the  suitability  of  the  denomination  of
‘5.
a  variety 
is  concerned,  Article  63  of  Council
Regulation  (EC)  No  2100/94  of  27  July  1994  on
Community  plant  variety  rights (*)  shall  apply.

Detailed  implementing  rules  as  to  the  suitability  of
in
denominations  of  varieties  may  be  adopted 
accordance  with  the  procedure  provided  for 
in
Article 40.

(*) OJ L 227, 1.9.1994, p. 1. Regulation as amended
by  Regulation  (EC)  No  2506/95  (OJ  L  258,
28.10.1995,  p.  3).’

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L 25/33

Article  8

1. Member  States  shall  bring  into  force  the  laws,
regulations  or  administrative  provisions  necessary  to
comply with this Directive before 1 February 2000. They
shall  forthwith  inform  the  Commission  thereof.

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  procedure  for  such  reference
shall  be  adopted  by  the  Member  States.

2. Member 
the
shall 
Commission  the  text  of  the  main  provisions  of  domestic
law  they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

the
detailed  evaluation  of 
certification  procedures 
thereby.  This
evaluation shall focus in particular on the possible effects
on  the  quality  of  the  seed.

the 
introduced 

simplifications  of 

Article  10

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

Article  11

This  Directive  is  addressed  to  the  Member  States.

Done  at  Brussels,  14  December  1998.

Article  9

No  later  than  five  years  after  the  date  of  the  entry  into
force  of  this  Directive,  the  Commission  shall  submit  a

For  the  Council

The  President

W.  MOLTERER