Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material
Date: 1999-12-22
Institutions: Council of the European Union
Subjects: forest, forest conservation, marketing, plant propagation, silviculture

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COUNCIL DIRECTIVE 1999/105/EC

of 22 December 1999

on the marketing of forest reproductive material

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the Proposal from the Commission (1),

Having regard to the Opinion of the European Parliament (2),

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

Whereas:

(1)

(2)

(3)

(4)

Council Directive 66/404/EEC of 14 June 1966 on the
marketing of forest reproductive material (4) and Council
Directive 71/161/EEC of 30 March 1971 on external
quality
reproductive material
forest
marketed within the Community (5) have been substan-
tially amended several times; since further substantial
amendments are to be made, the Directives should be
combined and recast in the interests of clarity;

standards

for

Forests cover a large area of the Community and fulfil a
multifunctional role based on their social, economic,
environmental, ecological and cultural functions; there is
a need for specific approaches and actions for the
different types of forests, recognising the wide range of
natural, social, economic and cultural conditions of the
forests in the Community; both the restocking of these
forests and new afforestation require a sustainable forest
management in relation to the Forestry Strategy for the
European Union as set out in the Council Resolution of
15 December 1998 (6);

Forest reproductive material of tree species and artificial
hybrids which are important
forestry purposes
should be genetically suited to the various site condi-
tions and of high quality; the conservation and enhance-
ment of biodiversity of the forests including the genetic
diversity of the trees is essential to sustainable forest
management;

for

So far as they relate to plant health, harmonised condi-
tions must be consistent with Council Directive 77/
93/EEC of 21 December 1976 on protective measures
the introduction into the Member States of
against
organisms harmful
to plants or plant products and
against their spread in the Community (7);

(1) OJ C 199, 14.7.1999, p. 1.
(2) Opinion delivered on 1 December 1999 (not yet published in the

Official Journal).

(3) OJ C 329, 17.11.1999, p. 15.
(4) OJ 125, 11.7.1966, p. 2326/66. Directive as last amended by the

(5) OJ L 87, 17.4.1971, p. 14. Directive as last amended by the 1994

1994 Act of Accession.

Act of Accession.

(6) OJ C 56, 26.2.1999, p. 1.
(7) OJ L 26, 31.1.1977, p. 20. Directive as last amended by Commis-

sion Directive 1999/53/EC (OJ L 142, 5.6.1999, p. 29).

(5)

(6)

(7)

(8)

(9)

(10)

Research on forestry has shown that, if forests are to be
increased value including the aspects of stability,
of
adaptation, resistance, productivity and diversity,
it is
necessary to use reproductive material which is geneti-
cally and phenotypically suited to the site and of high
quality; forestry seeds should meet, where appropriate,
certain external quality standards;

the consolidation of

In the context of
the internal
market, it is necessary to remove any actual or potential
barriers to trade which may hinder the free movement
of forest reproductive material within the Community; it
is
that
Community rules imposing the highest possible stan-
dards should be established;

in the interests of all

the Member States

Community rules should refer to the phenotypic and
genetic characteristics of seeds and plants and to the
external quality of forest reproductive material;

Such rules should apply to marketing both in other
Member States and on domestic markets;

Such rules should take account of practical needs and
should apply only to those species and artificial hybrids
which are important for forestry purposes in all or part
of the Community;

In some Member States the use of forest reproductive
material of the category ‘source-identified’, which was
not approved for marketing by Directive 66/404/EEC, is
traditional, compatible with the climate and indispens-
able for forestry purposes and it is therefore appropriate
to approve for marketing such material
in Member
States wishing to do so; however it is inappropriate to
impose the marketing to the end-user of such material
in all Member States;

(11)

Certain regions of the Community, such as the Alpine,
Mediterranean or Nordic regions, have specific climatic
conditions or vulnerable site conditions which justify
particular requirements for the external quality of forest
reproductive material of certain species;

(12) According to the General Declaration of

the Third
Ministerial Conference on the Protection of Forest in
Europe in Lisbon,
for reforestation and afforestation,
origins of native species and local provenances that are
well adapted to site conditions should be preferred;

(13)

Reproductive material intended for export or re-export
to third countries should not be covered by the meas-
ures set out in this Directive;

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(14) As regards Community reproductive material, approval
of basic material and, consequently, demarcations of
regions of provenance are fundamental to selection; the
Member States should apply uniform rules imposing the
highest possible standards for the approval of basic
material; only reproductive material derived from such
material should be placed on the market;

(15) Genetically modified forest reproductive material should
not be placed on the market unless it is safe for human
health and the environment;

to the Council a proposal

(16) An environmental risk assessment should be carried out
on forest reproductive material consisting of genetically
the Commission should then
modified organisms;
submit
for a Regulation
ensuring that the procedures for such environmental risk
including the
assessment and other relevant elements,
authorisation procedure, are equivalent
to those laid
down in Council Directive 90/220/EEC of 23 April
1990 on the deliberate release into the environment of
genetically modified organisms (1); until such a Regula-
tion enters into force, Directive 90/220/EEC should
apply;

(17)

Reproductive material satisfying the requirements of this
Directive should be subject to no marketing restrictions
other than those provided for in this Directive;

(18) Member States

should, however, be authorised to
provide that only such parts of plants and planting stock
as conform to the standards laid down should be placed
on the market in their territories;

(24)

It is necessary to ensure that, in addition to possessing
the required phenotypic or genetic quality, reproductive
material which is intended for marketing or which is
placed on the market is properly identified from collec-
tion to delivery to the end user;

(25) Moreover, separate Community quality standards for
stem cuttings and where appropriate for sets of poplar
should be introduced;

(26)

Seed should be marketed only if it conforms to certain
quality standards and is contained in sealed packages;

(27)

(28)

In order to ensure that requirements as to the pheno-
typic or genetic quality, proper
identification and
external quality standards are satisfied at the time of
marketing, the Member States must make provision for
appropriate control arrangements;

Reproductive material
satisfying those requirements
must be subject only to such marketing restrictions as
are provided for in Community rules; Member States
should in certain circumstances be allowed to prohibit
the marketing to the end user of forest reproductive
material which is unsuitable for use in their territory;

(29) During periods in which there are temporary difficulties
in obtaining supplies of certain species of reproductive
material complying with the principles of this Directive,
reproductive material satisfying less stringent require-
ments should, subject to certain conditions, be tempor-
arily approved;

(19) Member States should be permitted to impose additional
or more stringent requirements for the approval of basic
material produced in their own territory;

(30)

(20)

The Member States should establish lists of regions of
provenance specifying, where known, the origin of basic
material; Member States should draw up maps showing
the demarcations of the regions of provenance;

(21) Member States should draw up national registers of the
basic material approved on their territory; a summary of
the national register in the form of a national list should
also be drawn up by each Member State;

(22) On the basis of such a national

list, the Commission

should ensure a Community publication;

(23) After harvesting, a master certificate should be issued by
the official bodies for all reproductive material derived
from approved basic material;

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

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

Forest reproductive material coming from third coun-
tries should not be marketed within the Community
unless it affords, as regards the approval of its basic
material and the measures taken for its production, the
same assurances as Community forest
reproductive
material; a master certificate or an official certificate
issued by the country of origin as well as records which
shall contain details of all consignments to be exported
should accompany imported forest reproductive material
when it is placed on the market within the Community;

(31) Under certain conditions, a Member State should be
released wholly or partially from the provisions of this
Directive in respect of certain tree species;

(32)

(33)

It is desirable to organise temporary experiments for the
purpose of seeking improved alternatives to certain
provisions set out in this Directive;

Community control measures should be introduced to
ensure uniform application in all Member States of the
requirements and conditions laid down in this Directive;

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(34)

(35)

(36)

Basically technical adjustments to the Annexes should be
facilitated by an expeditious procedure;

The measures necessary for the implementation of this
instrument
should be adopted in accordance with
Council Decision 1999/468/EC laying down the proced-
ures for the exercise of implementing powers conferred
on the Commission (1);

In the 1994 Treaty of Accession the Republic of Finland
and the Kingdom of Sweden were granted a transitional
period until 31 December 1999 for applying the
Directive 66/404/EEC and the Republic of Finland also
for applying Directive 71/161/EEC;
transitional
period should be extended in order to allow the above
mentioned countries to maintain their national schemes
until the implementation date of this Directive at the
latest,

this

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the production with a view to
marketing and to the marketing of forest reproductive material
within the Community.

Article 2

For the purposes of this Directive the following definitions
and/or classifications shall apply:

(a) Forest reproductive material:

reproductive material of those tree species and artificial
hybrids thereof which are important for forestry purposes
in all or part of the Community and in particular those
which are listed in Annex I;

(b) Reproductive material means any of the following:

(i) Seed unit:

cones, infructescenses, fruits and seeds intended for the
production of planting stock;

(ii) parts of plants:

stem cuttings, leaf cuttings and root cuttings, explants
or embryos for micropropagation, buds, layers, roots,
scions, sets and any parts of a plant intended for the
production of planting stock;

(iii) Seed Orchard:

A plantation of selected clones or families which is
isolated or managed so as to avoid or reduce pollina-
tion from outside sources, and managed to produce
frequent, abundant and easily harvested crops of seed;

(iv) Parents of Family:

Trees used to obtain progeny by controlled or open
pollination of one identified parent used as a female,
with the pollen of one parent (full-sibling) or a number
of identified or unidentified parents (half sibling);

(v) Clone:

Group of individuals (ramets) derived originally from a
single individual (ortet) by vegetative propagation, for
example by cuttings, micropropagation, grafts, layers
or divisions;

(vi) Clonal Mixture:

A mixture of identified clones in defined proportions.

(d) Autochthonous and indigenous means

either of

the

following:

(i) Autochthonous stand or seed source:

An autochthonous stand or seed source is one which
normally has been continuously regenerated by natural
regeneration. The stand or seed source may be regen-
erated artificially from reproductive material collected
in the same stand or seed source or autochthonous
stands or seed sources within the close proximity;

(ii) Indigenous stand or seed source:

An indigenous stand or seed source is an autoch-
thonous stand or seed source or is a stand or seed
source raised artificially from seed, the origin of which
is situated in the same region of provenance.

(e) Origin:

For an autochthonous stand or seed source, the origin is
the place in which the trees are growing. For a non-
autochthonous stand or seed source, the origin is the place
from which the seed or plants were originally introduced.
The origin of a stand or seed source may be unknown.

(f) Provenance:

The place in which any stand of trees is growing.

(iii) planting stock:

(g) Region of Provenance:

plants raised from seed units, from parts of plants, or
from plants from natural regeneration;

(c) Basic material means any of the following:

(i) Seed Source:

Trees within an area from which seed is collected;

(ii) Stand:

A delineated population of trees possessing sufficient
uniformity in composition;

(1) OJ L 184, 17.7.1999, p. 23.

For a species or sub-species, the region of provenance is the
to sufficiently uniform
area or group of areas subject
ecological conditions in which stands or seed sources
showing similar phenotypic or genetic characters are
found, taking into account altitudinal boundaries where
appropriate.

(h) Production:

Production includes all stages in the generation of the seed
unit, the conversion from seed unit to seed and the raising
of planting stock from seed and parts of plants.

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(i) Marketing:

Display with a view to sale, offering for sale, sale or
delivery to another person including delivery under a
service contract.

(j) Supplier:

Any natural or legal person engaged professionally in
forest reproductive material.
marketing or importing of

(k) Official body:

(i) an authority, established or designated by the Member
State under the supervision of the national government
and responsible for questions concerning the control of
marketing and/or the quality of
forest reproductive
material;

(ii) any State authority established:

— either at national

level, or

— at regional level, under the supervision of national
authorities, within the limits set by the constitution
of the Member State concerned.

The bodies referred to above may, in accordance with their
national legislation, delegate the tasks provided for in this
Directive to be accomplished under their authority and
supervision to any legal person, whether governed by
public or by private law, which, under
its officially
approved constitution, is charged exclusively with specific
public functions, provided that
such person, and its
members, has no personal interest in the outcome of the
measures it takes.

Moreover, in accordance with the procedure referred to in
Article 26(2), other legal persons established on behalf of
the body referred to in point (i) and acting under the
authority and supervision of such body may be approved,
provided that such person has no personal interest in the
outcome of the measures it takes.

Member States
their
responsible official bodies. The Commission shall forward
that information to the other Member States.

shall notify the Commission of

(l) Forest reproductive material is divided into the following

categories:

(i) ‘Source-identified’

Reproductive material derived from basic material
which may be either a seed source or stand located
within a single region of provenance and which meets
the requirements set out in Annex II;

(ii) ‘Selected’

Reproductive material derived from basic material
which shall be a stand located within a single region of
provenance, which has been phenotypically selected at
the population level and which meets the requirements
set out in Annex III;

(iii) ‘Qualified’

the individual
have been phenotypically selected at
level, and which meets the requirements set out in
Annex IV. Testing need not necessarily have been
undertaken or completed;

(iv) ‘Tested’

Reproductive material derived from basic material
which shall consist of stands, seed orchards, parents of
families, clones or clonal mixtures. The superiority of
the reproductive material must have been demon-
strated by comparative testing or an estimate of the
superiority of
the reproductive material calculated
from the genetic evaluation of the components of the
basic material. The material shall meet the require-
ments set out in Annex V.

Article 3

1.
The list of species and artificial hybrids in Annex I may
be amended in accordance with the procedure referred to in
Article 26(3).

2.
Insofar as certain species and artificial hybrids are not
subject to the measures contained in this Directive, Member
States may take such measures, or less stringent measures, in
respect of their own territory.

3.
The measures contained in this Directive shall not apply
to forest reproductive material in the form of planting stock or
parts of plants, which is shown to be intended for purposes
other than forestry.

In such cases, the material shall be accompanied by a label or
other document required by other Community or national
for the
provisions which are applicable to such material
intended purpose. In the absence of any such provisions, where
a supplier handles both material intended for forestry purposes
and material which is shown to be intended for purposes other
than forestry, the latter shall be accompanied by a label or
for
other document bearing the following statement:
forestry purposes’.

‘Not

4.
The measures contained in this Directive shall not apply
to forest reproductive material which is shown to be intended
for export or re-export to third countries.

Article 4

1. Member States shall provide that only approved basic
material
forest reproductive
material which is to be marketed.

is used for the production of

2.

Basic material may only be approved by:

(a) the official bodies if it meets the requirements set out in

Annexes II, III, IV or V hereto, as appropriate;

Reproductive material derived from basic material
which shall be seed orchards, parents of
families,
clones or clonal mixtures, the components of which

(b) reference to a unit known as ‘the unit of approval’. Each
unit of approval shall be identified by a unique register
reference.

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3. Member States shall provide that:

(a) approval shall be withdrawn if the requirements of this

Directive are no longer met;

(b) after approval, the basic material for the production of
reproductive material under the selected, qualified and
tested categories shall be re-inspected at regular intervals.

4.
In the interest of conserving plant genetic resources used
in forestry as specified in specific conditions which shall be
established in accordance with the procedure laid down in
Article 26(3) 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 forestry reproduc-
tive material of origin which are naturally adapted to the local
and regional conditions and threatened by genetic erosion, the
Member States may depart from the requirements as laid down
in paragraph 2 and Annexes II, III, IV and V insofar as specific
conditions are established in accordance with the procedure
referred to in Article 26(3).

5. Member States may approve, for a maximum period of
ten years, in all or part of their territory, basic material for the
production of tested reproductive material where, from the
provisional results of the genetic evaluation or comparative
tests referred to in Annex V, it can be assumed that the basic
material will, when tests have been completed, satisfy the
requirements for approval under this Directive.

Article 5

If the basic material referred to in Article 4(1) consists of
1.
a genetically modified organism within the meaning of points
1 and 2 of Article 2 of Directive 90/220/EEC, such material
shall only be accepted if it is safe for human health and the
environment.

In the case of genetically modified basic material referred

2.
to in paragraph 1:

(a) an environmental risk assessment equivalent to that laid
down in Directive 90/220/EEC shall be carried out;

(b) the procedures ensuring that the environmental risk assess-
ment and other relevant elements are equivalent to those
laid down in Directive 90/220/EEC shall be introduced on
a proposal from the Commission, in a Regulation of the
the Council based on the
European Parliament and of
appropriate legal basis in the Treaty. Until such Regulation
enters into force, genetically modified basic material shall
only be accepted for inclusion in the National Register
under Article 10 of this Directive after having been author-
ised in accordance with Directive 90/220/EEC;

(c) Articles 11 to 18 of Directive 90/220/EEC shall no longer
apply to genetically modified basic material authorised in
conformity
to
in subparagraph (b);

Regulation

referred

with

the

(d) the technical and scientific details of the implementation of
the environmental risk assessment shall be adopted in
accordance with the procedure referred to in Article 26(3).

Article 6

1. Member States
reproductive
shall provide for
material derived from approved basic material in the manner
set out in points (a) to (d):

forest

(a) Material of

the species listed in Annex I shall not be
marketed unless it is of the categories ‘source-identified’,
‘selected’, ‘qualified’ or ‘tested’ and meets the requirements
of Annexes II, III, IV and V respectively,

(b) Material of the artificial hybrids listed in Annex I shall not
be marketed unless it
‘qualified’ or
is of
‘tested’ categories and meets the requirements of Annexes
III, IV and V respectively,

the ‘selected’,

(c) Material of the species and artificial hybrids listed in Annex
I which are vegetatively reproduced shall not be marketed
unless it is of the ‘selected’, ‘qualified’ or ‘tested’ categories
and meets the requirements of Annexes III,
IV and V
respectively. In the case of reproductive material of the
‘selected’ category, it may only be marketed if it has been
mass propagated from seeds,

(d) Material of the species and artificial hybrids listed in Annex
I, which consists wholly or partly of genetically modified
organisms, shall not be marketed unless it is of the ‘tested’
category and meets the requirements of Annex V.

2.
The categories under which reproductive material from
the different types of basic material may be marketed are as set
out in the table in Annex VI.

3.
Forest reproductive material of the species and artificial
hybrids listed in Annex I shall not be marketed unless it meets
the relevant requirements in Annex VII.

Parts of plants and planting stock may not be marketed unless
they meet the requirements of prevailing international stand-
ards, once those standards are approved in accordance with the
procedure referred to in Article 26(3).

forest
4. Member States shall provide that suppliers of
reproductive material are officially registered. The responsible
official body may deem suppliers, who are already registered
under Directive 77/93/EEC, to be registered for the purposes of
this Directive. Such suppliers shall nonetheless comply with the
requirements of this Directive.

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Notwithstanding the provisions of paragraph 1, Member
5.
States may authorise suppliers on their own territory to place
on the market appropriate quantities of:

(a) forest reproductive material for tests, scientific purposes,
selection work or genetic conservation purposes; and

(b) seed units which are clearly shown not to be intended for

forestry purposes.

6.
The conditions under which Member States may grant
the authorisations referred to in paragraph 5 may be deter-
mined in accordance with the procedure referred to in
Article 26(3).

the requirements of

7. Without prejudice to paragraph 1 and in the case of
reproductive material derived from basic material which does
not meet all
the appropriate category
mentioned in paragraph 1, Member States may authorise the
marketing of such material subject to conditions to be drawn
up in accordance with the procedure
referred to in
Article 26(3).

Specific provisions may be established in accordance with
8.
the procedure referred to in Article 26(3) to take account of
developments under which forest reproductive material suitable
for organic production may be marketed.

Article 7

Member States may, as regards the conditions laid down in
Annexes II to V and VII, impose additional or more stringent
requirements for the approval of basic material and production
of reproductive material

in their own territory.

Article 8

Member States may, in their territories, restrict the approval of
basic material intended for the production of forest reproduc-
tive material of the category ‘source-identified’.

Article 9

1.
In the case of basic material intended for the production
of reproductive material of the ‘source-identified’ and ‘selected’
categories, the Member States shall, for the relevant species,
demarcate the regions of provenance.

2. Member States shall draw up and publish maps showing
the demarcations of the regions of provenance. The maps shall
be sent to the Commission and other Member States.

Article 10

A summary of the national register in the form of a
2.
national list shall be drawn up by each Member State and shall
be available on request to the Commission and the other
Member States. The national
list shall be presented in a
common form for each unit of approval. For the categories
‘source-identified’ and ‘selected’, a summarisation of basic
material based on regions of provenance is permitted. The
following details shall be provided:

(a) botanical name;

(b) category;

(c) purpose;

(d) type of basic material;

(e) register reference or, where appropriate, summary thereof,

or identity code for region of provenance;

(f) location: a short name, if appropriate, and any one of the

following sets of particulars:

(i) for the ‘source-identified’ category, region of proven-
ance and the latitudinal and longitudinal range,

(ii) for the ‘selected’ category, region of provenance and
the geographical position defined by latitude and long-
itude or the latitudinal and longitudinal range,

(iii) for the ‘qualified’ category, the exact geographical posi-

tion(s) where the basic material

is maintained,

(iv) for the ‘tested’ category, the exact geographical posi-

tion(s) where the basic material

is maintained;

(g) altitude or altitudinal range;

(h) area: the size of a seed source(s), stand(s) or seed orchard(s);

(i) origin:

it shall be stated whether the basic material

is
autochthonous/indigenous, non-autochthonous/non-indige-
nous or if the origin is unknown. For non-autochthonous/
nonindigenous basic material, the origin shall be stated if
known;

(j) in the case of material of the ‘tested’ category, whether it is

genetically modified.

3.
The form in which such national lists shall be drawn up
may be determined in accordance with the procedure referred
to in Article 26(2).

Article 11

On the basis of

1.
list provided by each
the national
Member State, the Commission may publish a list entitled
‘Community List of Approved Basic Material for the Production
of Forest Reproductive Material’.

1.
Each Member State shall draw up a national register of
the basic material of the various species approved on its terri-
tory. Full details of each unit of approval shall be recorded,
together with its unique register reference,
in the national
register.

2.
The Community list shall reflect the details given in the
national lists referred to in Article 10(2) and show the area of
utilisation and any authorisations or restrictions under Articles
8, 17 or 20.

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Article 12

1.
After harvesting, a master certificate showing the unique
register reference shall be issued by the official bodies for all
reproductive material derived from approved basic material,
giving the relevant information set out in Annex VIII.

2. Where a Member State provides for subsequent vegetative
propagation in accordance with Article 13(2), a new master
certificate shall be issued.

3. Where mixing takes place in accordance with subpara-
graphs (a), (b), (c) or (e) of Article 13(3), Member States shall
ensure that the register references of the components of the
mixtures are identifiable, and a new master certificate or other
document identifying the mixture shall be issued.

Article 13

1.
Reproductive material shall, during all stages of produc-
tion, be kept separated by reference to individual units of
approval. Each lot of reproductive material shall be identified
by the following:

(a) master certificate code and number;

(b) botanical name;

(c) category;

(d) purpose;

(e) type of basic material;

(f) register reference or identity code for region of provenance;

(b) when mixing of reproductive material within a single
region of provenance, from seed sources and stands in the
‘source-identified’ category takes place,
the new
combined lot will be certified as ‘reproductive material
derived from a seed source’;

that

(c) when mixing of reproductive material derived from non-
autochthonous or non-indigenous basic material with that
from basic material of unknown origin takes place, that the
new combined lot will be certified as being ‘of unknown
origin’;

(d) when mixing takes place in accordance with subparagraphs
(a),
(b) or (c) that the identity code for the region of
provenance may be substituted for the register reference as
in paragraph 1(f);

(e) for mixing of reproductive material derived from a single

unit of approval from different years of ripening;

(f) when mixing takes place in accordance with subparagraph
(e) that the actual years of ripening and proportion of
material from each year shall be recorded.

Article 14

Reproductive material may be marketed only in lots
1.
which comply with Article 13 and are accompanied by a label
or other document from the supplier (‘the supplier's label or
document’) giving,
in addition to the information required
under Article 13, the following information:

(a) master certificate number(s)

issued under Article 12 or
reference to the other document available according to
Article 12(3);

(g) region of provenance — for reproductive material of the
‘source-identified’ and ‘selected’ categories or other repro-
ductive material

if appropriate;

(b) name of supplier;

(c) quantity supplied;

(h) if appropriate, whether

is
autochthonous or indigenous, non-autochthonous or non-
indigenous, or unknown;

the origin of

the material

(d) in the case of reproductive material of the ‘tested’ category
whose basic material is approved under Article 4(5), the
words ‘provisionally approved’;

(i) in the case of seed units, the year of ripening;

(e) whether the material has been vegetatively propagated.

(j) age and type of planting stock of seedlings or cuttings,

whether undercuts, transplants or containerised;

(k) whether it is genetically modified.

2. Without prejudice to the provisions of paragraph 1 of
this Article and of Article 6(1), point (c), Member States may
provide for subsequent vegetative propagation of a single unit
of approval in the ‘selected’, ‘qualified’ and ‘tested’ categories. In
such cases the material shall be kept separate and identified as
such.

2.
In the case of seeds, the supplier's label or document
referred to in paragraph 1 shall also include the following
additional information, assessed, as far as possible, by interna-
tionally accepted techniques:

(a) purity: the percentage by weight of pure seed, other seed
and inert matter of the product marketed as a seed lot;

(b) the germination percentage of the pure seed, or, where
germination percentage is impossible or impractical
to
assess, the viability percentage assessed by reference to a
specified method;

3. Without prejudice to the provisions of paragraph 1,
Member States may provide:

(c) the weight of 1 000 pure seeds;

(a) within a single region of provenance, for mixing of repro-
ductive material derived from two or more units of
approval within the ‘source-identified’ category or within
the ‘selected’ category;

(d) the number of germinable seeds per kilogram of product
marketed as seed, or, where the number of germinable
seeds is impossible or impractical to assess, the number of
viable seeds per kilogram.

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In order to make seed of the current seasons crop rapidly
3.
available, notwithstanding the fact that the examination in
respect of germination as laid down in paragraph 2(b) has not
been concluded, Member States may authorise marketing as far
as to the first buyer. The respect of the conditions as laid down
in paragraph 2(b) and (d) shall be stated by the supplier as soon
as possible.

4.
In the case of small quantities of seed, the requirements
as laid down in paragraph 2(b) and (d) above do not apply. The
quantities and conditions may be determined in accordance
with the procedure referred to in Article 26(2).

In the case of Populus spp., parts of plants shall only be
5.
marketed if the EC classification number according to point
2(b) of Annex VII, Part C is given on the supplier's label or
document.

If a coloured label or document is used in respect of any
6.
category of
forest reproductive material, the colour of the
supplier's label or document shall be yellow in the case of
‘source-identified’ reproductive material, green in the case of
‘selected’ reproductive material, pink in the case of ‘qualified’
reproductive material and blue in the case of ‘tested’ reproduc-
tive material.

7.
In the case of forest reproductive material derived from
basic material which consists of a genetically modified
organism, any label or document, official or otherwise, for the
lot shall clearly indicate that fact.

Article 15

Seed units shall be marketed only in sealed packages. The
sealing device shall be such as will become unserviceable when
the package is opened.

Article 16

1.
The Member States shall, by an official control system set
up or approved by them, ensure that reproductive material
from individual units of approval or lots remains clearly identi-
fiable through the entire process from collection to delivery to
the end user. Official inspections of registered suppliers shall be
carried out regularly.

2. Member States shall ensure that the respective official
bodies assist each other administratively in order to obtain
appropriate information necessary to ensure the proper func-
tioning of this Directive, particularly where forest reproductive
material moves from one Member State to another.

Suppliers shall provide official bodies with records, which
consignments detained and
contain details of

all

3.
shall
marketed.

Detailed rules for the application of paragraph 2 shall be
4.
drawn up in accordance with the procedure referred to in
Article 26(2) no later than 30 June 2002.

5. Member States shall take all measures to ensure compli-
ance with the provisions of this Directive by making suitable
arrangements for forest reproductive material to be officially
controlled during production with a view to marketing and
marketing.

6.
Experts from the Commission may, in cooperation with
the official bodies of the Member States, make on-the-spot
checks so far as this is necessary to ensure uniform application
of this Directive. They may in particular verify whether forest
reproductive material is complying with the requirements of
this Directive. A Member State in whose territory a check is
being carried out shall give all necessary assistance to the
experts in carrying out their duties. The Commission shall
inform the Member States of the results of the investigation.

Article 17

1. Member States shall ensure that reproductive material
which is placed on the market in accordance with the provi-
sions of this Directive shall not be subject to any marketing
restrictions as regards its characteristics, examination and
inspection requirements, labelling and sealing other than those
laid down in this Directive.

Upon its application, a Member State may be authorised,
2.
pursuant
to
to the procedure referred to in Article 26(3),
prohibit the marketing to the end user with a view to seeding
or planting in all or part of its territory of specified reproduc-
tive material.

Such authorisation shall be granted only where there is reason
to believe:

(a) that the use of the said reproductive material would, on
account of its phenotypic or genetic characteristics, have an
adverse effect on forestry, environment, genetic resources
or biodiversity in all or part of that Member State on the
basis of

— evidence relating to the region of provenance or the

origin of the material or,

— results of trials or scientific research carried out in
appropriate locations, either within or outside the
Community.

(b) on the basis of known results of trials, scientific research,
or the results obtained from forestry practice concerning
survival and development of planting stock in relation to
morphological and physiological characteristics that the use
of the said reproductive material would, on account of its
characteristics have an adverse effect on forestry, environ-
ment, genetic resources or biodiversity in all or part of that
Member State.

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Official Journal of the European Communities

L 11/25

Detailed rules for the application of paragraph 2 shall be
3.
drawn up in accordance with the procedure referred to in
Article 26(3).

ments to be exported, to be provided by the supplier in the
third country.

4. Without prejudice to paragraph 1, Member States which
have implemented Article 8 in respect of the forest reproduc-
tive material of the category source identified may prohibit the
marketing to the end user of such material.

Article 18

1.
In order to remove any temporary difficulties in the
general supply to the end user of forest reproductive material
satisfying the requirements of this Directive that occur in one
or more Member States and cannot be overcome within the
Community, the Commission shall, at the request of at least
one Member State affected and in accordance with the proce-
dure referred to in Article 26(2), authorise one or more
Member States to approve for marketing, for a period to be set
by the Commission, forest reproductive material of one or
more species which satisfies less stringent requirements.

Where such action is taken, the suppliers' labels or documents
required under Article 14(1) shall state that the material
in
question satisfies less stringent requirements.

Article 20

Upon application by a Member State, the Commission, acting
in accordance with the procedure referred to in Article 26(3),
may release a Member State wholly or partially from the provi-
sions of this Directive in respect of certain tree species which
are not important for forestry purposes in that Member State,
save where this would run counter to the provisions of
Article 17(1).

Article 21

For the purpose of seeking improved alternatives to certain
it may be decided to
provisions set out in this Directive,
organise temporary experiments under specified conditions at
Community level in accordance with the procedure referred to
in Article 26(3).

The duration of an experiment shall not exceed seven years.

In the context 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.

2.
Detailed rules for the application of paragraph 1 may be
drawn up in accordance with the procedure referred to in
Article 26(2).

Article 22

Article 19

1.
The Council, acting by a qualified majority on a proposal
from the Commission, shall determine whether forest repro-
ductive material produced in a third country affords the same
assurances as regards the approval of its basic material and the
measures taken for its production with a view to marketing as
reproductive material produced within the
does
this
Community and complying with the provisions of
Directive.

forest

2.
In addition to the matters referred to in paragraph 1, the
Council shall determine the species, type of basic material and
categories of
forest reproductive material, together with its
region of provenance, which may be permitted to be marketed
under paragraph 1 within the Community.

3.
Until such time as the Council has taken a decision under
paragraph 1, the Member States may, in accordance with the
procedure referred to in Article 26(3), be authorised to take
such decisions. Such authorisation shall aim at ensuring that
the material to be imported affords equivalent guarantees in all
respects
reproductive material produced in the
Community in accordance with this Directive. In particular
such imported material shall be accompanied by a master
certificate or an official certificate issued by the country of
origin and records which shall contain details of all consign-

to forest

Forest reproductive material shall, where applicable, comply
with the relevant plant health conditions laid down in Directive
77/93/EEC.

Article 23

Any amendments to be made to the Annexes in the light of the
development of scientific or technical knowledge shall be
adopted according to the procedure referred to in Article 26(3).

Article 24

The measures necessary for
this
Directive relating to the matters contained in the Articles
referred to below shall be adopted in accordance with the
management procedure referred to in Article 26(2).

the implementation of

— Articles 2, 10, 14, 16, 18, 27.

Article 25

this
The measures necessary for
Directive relating to the matters contained in the Articles
referred to below shall be adopted in accordance with the
regulatory procedure referred to in Article 26(3).

the implementation of

— Articles 3, 4, 5, 6, 17, 19, 20, 21 and 23.

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15. 1. 2000

Article 26

Article 28

1.
The Commission shall be assisted by the Standing
Committee on Seeds (hereinafter referred to as ‘the Commit-
tee’).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3. When reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at two months.

4.

The Committee shall adopt its rules of procedure.

Article 27

For a transitional period not exceeding 10 years from 1
1.
January 2003, Member States may use, for the purpose of
approving basic material for the production of tested reproduc-
tive material — not previously covered by Directive 66/
404/EEC — the results of comparative tests which do not
satisfy the requirements laid down in Annex V.

Such tests shall have begun before 1 January 2003, and must
have shown that the reproductive material derived from the
basic material

is superior.

2.
For a transitional period not exceeding 10 years from 1
January 2003, Member States may use, for the purpose of
approving basic material for the production of tested reproduc-
tive material of all species and artificial hybrids covered by this
Directive, the results of genetic evaluation tests which do not
satisfy the requirements laid down in Annex V.

Such tests shall have begun before 1 January 2003, and must
have shown that the reproductive material derived from the
basic material

is superior.

3.
In the case of new species and artificial hybrids which
may be added to Annex I at a later date, the transitional period
referred to in paragraphs 1 and 2 shall be fixed in accordance
with the procedure referred to in Article 26(2).

4. Member States may, in accordance with the procedure
referred to in Article 26(2), be authorised to use the results of
comparative tests and genetic evaluation tests after expiry of
the transitional period.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive with effect from 1 January 2003. They shall forthwith
inform the Commission thereof.

When Member States adopt those measures, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. The
methods of making such a reference shall be laid down by the
Member States.

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

3.
The Member States shall be allowed to market until
exhaustion stocks of forest reproductive material accumulated
before 1 January 2003.

Article 29

Directive 66/404/EEC and Directive 71/161/EEC are hereby
repealed with effect from 1 January 2003.

Directive 66/404/EEC shall not apply to the Republic of
Finland and the Kingdom of Sweden and Directive 71/161/EEC
shall not apply to the Republic of Finland.

References to the repealed Directives shall be construed as
references to this Directive and should be read in accordance
with the correlation table set out in Annex IX.

Article 30

This Directive shall enter into force on the date of its publica-
tion in the Official Journal of the European Communities.

Article 31

This Directive is addressed to the Member States.

Done at Brussels, 22 December 1999.

For the Council

The President

K. HEMILÄ

15. 1. 2000

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Official Journal of the European Communities

L 11/27

ANNEX I

LIST OF TREE SPECIES AND ARTIFICIAL HYBRIDS

Abies alba Mill.

Abies cephalonica Loud.

Abies grandis Lindl.

Abies pinsapo Boiss.

Acer platanoides L.

Acer pseudoplatanus L.

Alnus glutinosa Gaertn.

Alnus incana Moench.

Betula pendula Roth.

Betula pubescens Ehrh.

Carpinus betulus L.

Castanea sativa Mill.

Cedrus atlantica Carr.

Cedrus libani A. Richard

Fagus sylvatica L.

Fraxinus angustifolia Vahl.

Fraxinus excelsior L.

Larix decidua Mill.

Larix x eurolepis Henry

Larix kaempferi Carr.

Larix sibirica Ledeb.

Picea abies Karst.

Picea sitchensis Carr.

Pinus brutia Ten.

Pinus canariensis C. Smith

Pinus cembra L.

Pinus contorta Loud.

Pinus halepensis Mill.

Pinus leucodermis Antoine

Pinus nigra Arnold

Pinus pinaster Ait.

Pinus pinea L.

Pinus radiata D. Don

Pinus sylvestris L.

Populus spp. and artificial hybrids between those species

Prunus avium L.

Pseudotsuga menziesii Franco

Quercus cerris L.

Quercus ilex L.

Quercus petraea Liebl.

Quercus pubescens Willd.

Quercus robur L.

Quercus rubra L.

Quercus suber L.

Robinia pseudoacacia L.

Tilia cordata Mill.

Tilia platyphyllos Scop.

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15. 1. 2000

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUC-
TION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS ‘SOURCE-IDENTIFIED’

ANNEX II

1. The basic material shall be as seed source or stand located within a single Region of Provenance. It shall be at the
discretion of the Member State in each individual case as to whether a formal inspection is required except that, a
formal

inspection must be made where the material

is destined for a specific forestry purpose.

2. The seed source or stand shall meet criteria set by the Member States.

3. — The Region of Provenance and the location and the altitude or altitudinal range of the place(s) where the

reproductive mateiral

is collected must be stated.

— It must be stated whether the basic material

is:

(a) autochthonous or non-autochthonous or the origin is unknown or

(b) indigenous or non-indigenous or the origin is unknown.

In the case of non-autochthonous or non-indigenous basic material the origin must be stated if known.

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L 11/29

ANNEXE III

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUC-
TION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS ‘SELECTED’

General: The stand will be judged with respect to the specific stated purpose for which the reproductive material will be
intended and due weight shall be given to requirements 1-10, depending on the specific purpose. The criteria for selection
shall be determined by the Member State and the purpose shall be indicated in the National Register.

1. Origin: It must be determined either by historical evidence or other appropriate means whether the stand is
autochthonous/indigenous, non-autochthonous/non-indigenous or the origin is unknown and for non-authoch-
thonous/non-indigenous basic material the origin must be stated if known.

2. Isolation: Stands must be situated at a sufficient distance from poor stands of the same species or from stands of a
related species or variety which can form hybrids with the species in question. Particular attention shall be paid to
this requirement when the stands surrounding autochthonous/indigenous stands are non-autochthonous/non-
indigenous or of unknown origin.

3. Effective Size of the Population: Stands must consist of one or more groups of trees well distributed and
sufficiently numerous to ensure adequate inter-pollination. To avoid the unfavourable effects of inbreeding, selected
stands shall consist of a sufficient number and density of individuals on a given area.

4. Age and Development: Stands must consist of trees of such an age or stage of development that the criteria given

for the selection can be clearly judged.

5. Uniformity: Stands must show a normal degree of individual variation in morphological characters. When neces-

sary,

inferior trees should be removed.

6. Adaptedness: Adaptation to the ecological conditions prevailing in the Region of Provenance must be evident.

7. Health and Resistance: Trees in stands must in general be free from attacks by damaging organisms and show
resistance to the adverse climatic and site conditions, except for damage by pollution, in the place where they are
growing.

8. Volume production: For the approval of selected stands volume production of wood must normally be superior to

the accepted mean under similar ecological and management conditions.

9. Wood Quality: The quality of the wood shall be taken into account and, in some cases, it may be an essential

criterion.

10. Form or Growth Habit: Trees in stands must show particularly good morphological features, especially straigthness
and circularity of stem, favourable branching habit, small size of branches and good natural pruning. In addition, the
porportion of forked trees and those showing spiral grain should be low.

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Official Journal of the European Communities

15. 1. 2000

ANNEX IV

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUC-
TION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS ‘QUALIFIED’

1. Seed Orchards

(a) The type, objective, crossing design and field layout, components, isolation and location and any changes of these

must be approved and registered with the official body;

(b) The component clones or families shall be selected for their outstanding characters and special consideration shall

be given to the requirements 4, 6, 7, 8, 9 and 10 of Annex III;

(c) The component clones or families shall be planted or shall have been planted according to a plan which has been

approved by the official body and established in such a way that each component can be identified;

(d) Thinning carried out in seed orchards shall be described together with the selection criteria used for such thinnings

and registered with the official body;

(e) The seed orchards shall be managed and seed harvested in such a way that the objectives of the orchards are
attained. In the case of a seed orchard intended for the production of an artificial hybrid, the percentage of hybrids
in the reproductive material must be determined by a verification test.

2. Parents of Family(ies)

(a) The parents shall be selected for their outstanding characters and special consideration will be given to the

requirements 4, 6, 7, 8, 9 and 10 of Annex III, or selected for their combining ability;

(b) The objective, crossing design and pollination system, components, isolation and location and any significant

changes of these must be approved and registered with the official body;

(c) The identity, number and proportion of the parents in a mixture must be approved and registered with the official

body;

(d) In the case of parents intended for the production of an artificial hybrid, the percentage of hybrids in the

reproductive material must be determined by a verification test.

3. Clones

(a) Clones shall be identifiable by distinctive characters which have been approved and registered with the official

body;

(b) The value of individual clones shall be established by experience or have been demonstrated by sufficiently

prolonged experimentation;

(c) Ortets used for the production of clones shall be selected for their outstanding characters and special consideration

should be given to the requirements 4, 6, 7, 8, 9 and 10 of Annex III;

(d) Approval shall be restricted by the Member State to a maximum number of years or a maximum number of

ramets produced.

4. Clonal Mixtures

(a) Clonal mixture shall meet the requirements in points 3(a), 3(b) and 3(c);

(b) the identity, number and proportion of the component clones of a mixture, and the selection method and
foundation stock must be approved and registered with the official body. Each mixture must contain sufficient
genetic diversity;

(c) Approval shall be restricted by the Member State to a maximum number of years or a maximum number of

ramets produced.

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L 11/31

MINIMUM REQUIREMENTS FOR THE APPROVAL OF BASIC MATERIAL INTENDED FOR THE PRODUC-
TION OF REPRODUCTIVE MATERIAL TO BE CERTIFIED AS ‘TESTED’

ANNEX V

1. REQUIREMENTS FOR ALL TESTS

(a) General

The basic material must satisfy the appropriate requirements in Annex III or IV.

Tests set up for the approval of basic material are to be prepared, laid out, conducted and their results interpreted
in accordance with internationally recognised procedures. For comparative tests, the reproductive material under
test must be compared with one or preferably several approved or pre-chosen standards.

(b) Characters to be examined

(i) Tests must be designed to assess specified characters and these must be indicated for each test;

(ii) Weight shall be given to adaptation, growth, biotic and abiotic factors of importance. In addition, other
characters, considered important in view of the intended specific purpose, shall be evaluated in relation to the
ecological conditions of the reigon in which the test is carried out.

(c) Documentation

Records must describe the test sites, including location, climate, soil, past use, establishment, management and any
damage due to abiotic/biotic factors, and be available to the official body. Age of the material and results at the
time of the evaluation must be recorded with the official body.

(d) Setting up the tests

(i) Each sample fo reproductive material shall be raised, planted and managed in an identical way as far as the

types of plant material permit;

(ii) Each experiment must be established in a valid statistical design with a sufficient number of trees in order that

the individual characteristics of each component under examination can be evaluated.

(e) Analysis and validity of results

(i) The data from experiments must be analysed using internationally recognised statistical methods and the

results presented for each character examined;

(ii) The methodology used for the test and the detailed results obtained shall be made freely available;

(iii) A statement of the suggested region of probable adaptation within the country in which the test was carried

out and characteristics which might limit its usefulness must also be given;

(iv) If during tests it is proved that the reproductive material does not possess at least the characteristics:

— of the basic material or

— of similar resistance of the basic material to harmful organisms of economic importance,

then such reproductive material shall be eliminated.

2. REQUIREMENTS FOR GENETIC EVALUATION OF COMPONENTS OF BASIC MATERIAL

(a) The components of the following basic material may be genetically evaluated: seed orchards, parents of family(ies),

clones and clonal mixtures;

(b) Documentation

The following additional documentation is required for approval of the basic material:

(i) The identity, origin and pedigree of the evaluated components;

(ii) The crossing design used to produce the reproductive material used in the evaluation tests.

(c) Test procedures

The following requirements must be met:

(i) The genetic value of each component must be estimated in two or more evaluation test-sites, at least one of

which must be in an enviornment relevant to the suggested use of the reproductive material;

(ii) The estimated superiority of the reproductive material to be marketed shall be calculated on the basis of these

genetic values and the specific crossing design;

(iii) Evaluation tests and genetic calculations must be approved by the official body.

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(d) Interpretation

(i) The estimated superiority of the reproductive material shall be calculated against a reference population for a

character or set of characters;

(ii) It shall be stated whether the estimated genetic value of the reproductive material is inferior to the reference

population for any important character.

3. REQUIREMENTS FOR COMPARATIVE TESTING OF REPRODUCTIVE MATERIAL

(a) Sampling of the reproductive material

(i) The sample of the reproductive material for comparative testing must be truly representative of the reproduc-

tive material derived from the basic material to be approved;

(ii) Sexually produced reproductive material for comparative testing shall be:

— harvested in years of good flowering and good fruit/seed production; artificial pollination may be utilised,

— harvested by methods that ensure that the samples obtained are representative.

(b) Standards

(i) The performance of standards used for comparative purposes in the tests should if possible have been known
over a sufficiently long period in the region in which the test is to be carried out. The standards represent, in
principle, material that has been shown useful for forestry at the time that the test starts, and in ecological
conditions for which it is proposed to certify the material. They should come as far as possible from stands
selected according to the criteria in Annex III or from basic material officially approved for production of
tested material;

(ii) For comparative testing of artificial hybrids, both parent species must, if possible, be included among the

standards;

(iii) Whenever possible several standards are to be used. When necessary and justified, standards may be replaced

by the most suitable of the material under test or the mean of the components of the test;

(iv) The same standards will be used in all tests over as wide a range of site conditions as possible.

(c) Interpretation

(i) A statistically significant superiority as compared with the standards must be demonstrated for at least one

important character;

(ii) It will be clearly reported if there are any characters of economic or environmental importance which show
significantly inferior results to the standards and their effects must be compensates for by favourable
characters.

4. CONDITIONAL APPROVAL

Preliminary assessment of young trials may be the basis for conditional approval. Claims of superiority based on an
early assessment must be re-examined at a maximum interval of ten years.

5. EARLY TESTS

Nursery, greenhouse and laboratory tests may be accepted by the official body for conditional approval or for final
approval if it can be shown that there is a close correlation between the measured trait and the characters which would
normally be assessed in foreststage tests. Other characters to be tested must meet the requirements set out in
paragraph 3.

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L 11/33

CATEGORIES UNDER WHICH REPRODUCTIVE MATERIAL FROM THE DIFFERENT TYPES OF BASIC
MATERIAL MAY BE MARKETED

ANNEX VI

Type of basic material

Seed Source

Stand

Seed Orchard

Parents of Family(ies)

Clone

Clonal Mixture

Category of forest reproductive material
(Label colour if coloured label or document used)

Source identified
(Yellow)

Selected
(Green)

Qualified
(Pink)

Tested
(Blue)

x

x

x

x

x

x

x

x

x

x

x

x

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Official Journal of the European Communities

15. 1. 2000

ANNEX VII

PART A

Requirements to be met by fruit and seed lots of the species listed in Annex I

1. Fruit and seed lots of the species listed in Annex I may not be marketed unless the fruit or seed lot reaches a minimum

species purity level of 99 %.

2. Notwithstanding the provisions of paragraph 1, in the case of closely related species in Annex I, excluding artificial

hybrids, the species purity of the fruit or seed lot if it does not reach 99 % shall be stated.

PART B

Requirements to be met by parts of plants of the species and artificial hybrids listed in Annex I

Parts of plants of the species and artificial hybrids listed in Annex I, shall be of fair marketable quality. Fair marketable
quality shall be determined by reference to general characteristics, health and appropriate size. In the case of Populus spp.
it may be stated that the additional requirements set out in Part C are met.

PART C

Requirements for external quality standards for Populus spp. propagated by stem cuttings or sets

1. Stem cuttings

(a) Stem cuttings shall not be considered to be of fair marketable quality if any of the following defects exist:

(i) their wood is more than two years old;

(ii) they have less than two well formed buds;

(iii) they are affected by necroses or show damage by harmful organisms;

(iv) they show signs of desiccation, overheating, mould or decay.

(b) Minimum dimensions for stem cuttings

— minimum length: 20 cm,

— minimum top diameter:

Class EC 1: 8 mm
Class EC 2: 10 mm.

2. Sets

(a) Sets shall not be considered to be of fair marketable quality if any of the following defects exist:

— their wood is more than three years old,

— they have less than five well formed buds,

— they are affected by necroses or show damage by harmful organisms,

— they show signs of desiccation, overheating, mould or decay,

— they have injuries other than pruning cuts,

— they have multiple stems,

— they have excessive stem curvature.

(b) Size classes for sets

Class

Minimum diameter
(mm) at mid-length

Minimum height
(m)

Non-Mediterranean regions

N1

N2

Mediterranean regions

S1

S2

6

15

25

30

1,5

3,00

3,00

4,00

15. 1. 2000

EN

Official Journal of the European Communities

L 11/35

PART D

Requirements to be met by planting stock of the species and artificial hybrids listed in Annex I

The planting stock shall be of fair marketable quality. Fair marketable quality shall be determined by reference to general
characteristics, health, vitality and physiological quality.

PART E

Requirements to be met by planting stock to be marketed to the end-user in regions having a Mediterranean
climate

Planting stock shall not be marketed unless 95 % of each lot is of fair marketable quality.

1. Planting stock shall not be considered to be of fair marketable quality if any of the following deficits exist:

(a) injuries other than pruning cuts or injuries due to damage when lifting;

(b) lack of buds with the potential to form a leading shoot;

(c) multiple stems;

(d) deformed root system;

(e) signs of desiccation, overheating, mould, decay or other harmful organisms;

(f) the plants are not well balanced.

2. Size of the plants

Species

Maximum age
(years)

Minimum height
(cm)

Maximum height
(cm)

Minimum root collar
diameter
(mm)

Pinus halepensis

Pinus leucodermis

Pinus nigra

Pinus pinaster

Pinus pinea

Quercus ilex

Quercus suber

1
2

1
2

1
2

1
2

1
2

1
2

1

8
12

8
10

8
10

7
15

10
15

8
15

13

25
40

25
35

15
20

30
45

30
40

30
50

60

2
3

2
3

2
3

2
3

3
4

2
3

3

3. Size of the container, where used

Species

Pinus pinaster

Other species

Minimum volume
of the container
(cm3)

120

200

L 11/36

EN

Official Journal of the European Communities

15. 1. 2000

ANNEX VIII

PART A

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM SEED SOURCES AND STANDS

(Certificate must contain all the information outlined below, and in the exact format)

ISSUED IN ACCORDANCE WITH DIRECTIVE 1999/105/EC

MEMBER STATE:

CERTIFICATE No EC:/(MEMBER STATE CODE)/(No) . . . . . . . . . . . . . . . . . . . . . . . . .

It is certified that the forest reproductive material described below has been produced:

in accordance with the EC Directive
reproductive material under transitional arrangements

❒
❒

1. Botanical name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Nature of reproductive material:
Seed unit
Part of plants
Planting stock

3. Category of reproductive material

Source-identified
Selected
Tested

❒
❒
❒

❒
❒
❒

4. Type of basic material:

Seed source
Stand

❒
❒

5. Purpose:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Country register reference or identity of basic material in National register:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

/ Mixture: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

Autochthonous
Indigenous

❒
❒

Non-autochthonous
Non-indigenous

❒
❒

Unknown

❒

8. Origin of basic material (for non-autochthonous/non-indigenous material, if known): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. Country and Region of provenance of basic material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provenance (Short title, if appropriate): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. Altitude or altitudinal range of site of basic material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. Year in which seeds ripened: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. Quantity of reproductive material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. Is the material covered by this certificate the result of a subdivision of a larger lot covered by a previous EC

Certificate?

Yes

❒

No

❒

Previous certificate number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quantity in initial lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. Lenght of time in nursery: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. Has there been subsequent vegetative propagation of material derived from seed?

Yes

❒

No

❒

Method of propagation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of cycles of propagation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. Other relevant information:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. Name and address of supplier

Name and Address of Official Body:

Stamp of Official Body:

Name of Responsible Officer:

Date:

Signature:

15. 1. 2000

EN

Official Journal of the European Communities

L 11/37

PART B
MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM SEED ORCHARDS OR PARENTS OF
FAMILY(IES)
(Certificate must contain all the information outlined below, and in the exact format)
ISSUED IN ACCORDANCE WITH DIRECTIVE 1999/105/EC

MEMBER STATE:

CERTIFICATE No EC:/(MEMBER STATE CODE)/(No) . . . . . . . . . . . . . . . . . . . . . . . . .

It is certified that the forest reproductive material described below has been produced:

in accordance with the EC Directive
under transitional arrangements

❒
❒

1. a) Botanical name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b) Name of basic material (as mentioned in the catalogue):

2. Nature of reproductive material:
Seed unit
Part of plants
Planting stock

3. Category of reproductive material:
Qualified
Tested

❒
❒
❒

❒
❒

4. Type of basic material:

Seed orchard
Parents of family(ies)

❒
❒

5. Purpose:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Country register reference or identity of basic material in National register: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

(If appropriate)

Autochthonous
Indigenous

❒
❒

Non-autochthonous
Non-indigenous

❒
❒

Unknown

❒

8. Origin of basic material (for non-autochthonous/non-indigenous material, if known): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. Country and Region of provenance or location of basic material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provenance (Short title):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. Seed derived from: open pollination

supplemental pollination
controlled pollination

❒
❒
❒

11. Year in which seeds ripened: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. Quantity of reproductive material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. Is the material covered by this certificate the result of a subdivision of a larger lot covered by a previous EC

Certificate?

Yes

❒

No

❒

Previous certificate number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quantity in initial lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. Length of time in nursery: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. Number of components represented:

Families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. Altitude or altitudinal range of site of basic material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. Has genetic modification been used in the production of the basic material?

Yes

❒

No

❒

18. For reproductive material derived from parents of family(ies):

Crossing design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Range of percentage composition of component families . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. Has there been subsequent vegetative propagation of material derived from seed?

Yes

❒

No

❒

Method of propagation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of cycles of propagation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20. Other relevant information:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21. Name and address of supplier

Name and address of Official Body:

Stamp of Official Body:

Name of Responsible Officer:

Date:

Signature:

L 11/38

EN

Official Journal of the European Communities

15. 1. 2000

MODEL MASTER CERTIFICATE OF IDENTITY FOR REPRODUCTIVE MATERIAL DERIVED FROM CLONES AND CLONAL MIXTURES

PART C

(Certificate must contain all the information outlined below, and in the exact format)

ISSUED IN ACCORDANCE WITH DIRECTIVE 1999/105/EC

MEMBER STATE:

CERTIFICATE No EC:/(MEMBER STATE CODE)/(No) . . . . . . . . . . . . . . . . . . . . . . . . .

It is certified that the forest reproductive material described below has been produced:

in accordance with the EC Directive
under transitional arrangements

❒
❒

1. a) Botanical name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b) Name of clone or clonal mixture: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Nature of reproductive material:

Part of plants
Planting stock

3. Category of reproductive material:
Qualified
Tested

❒
❒

❒
❒

4. Type of basic material:

Clones
Clonal mixture

❒
❒

5. Purpose:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Country register reference or identity of basic material in National register: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

(If appropriate)

Autochthonous
Indigenous

❒
❒

Non-autochthonous
Non-indigenous

❒
❒

Unknown

❒

8. Origin of basic material (for non-autochthonous/non-indigenous material, if known): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. Country and Region of provenance or location of basic material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provenance (Short title):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. Has genetic modification been used in the production of the basic material?

Yes

❒

No

❒

11. a) Method of propagation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c) Number of cycles of propagation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. Quantity of reproductive material: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. Is the material covered by this certificate the result of a subdivision of a larger lot covered by a previous EC

Certificate?

Yes

❒

No

❒

Previous certificate number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quantity in initial lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. Lenght of time in nursery: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. For clonal mixtures:

Number of clones in mixture: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Range of percentage composition of component clones:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. Other relevant information:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. Name and address of supplier

Name and address of Official Body:

Stamp of Official Authority:

Name of Responsible Officer:

Date:

Signature:

15. 1. 2000

EN

Official Journal of the European Communities

L 11/39

ANNEX IX

CORRELATION TABLE

A.

Directive 66/404/EEC

This Directive

Directive 66/404/EEC

This Directive

Article 1

Article 3

Articles 2, 16 and 16b

Articles 5, 5b and 5d

—

Article 4

—

—

Article 5a

Article 6

Article 13a

—

Article 8

Article 9

Article 10

Article 11

Article 13

Article 15

Article 14

—

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

—

—

Article 16a

—

—

Article 17

Article 5 e

Article 18

—

—

Article 19

Article 2

—

Annex I

—

Annex II

—

—

Annex III (part)

—

B.

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII

Annex VIII

Annex IX

Directive 71/161/CEE

This Directive

Directive 71/161/CEE

This Directive

Article 1

Article 4

Articles 3(2), 16 and 17

—

—

Articles 5, 6(1) and 8

—

—

—

—

—

—

—

Articles 10 and 11

—

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 12

Article 14

Article 15

—

—

—

—

Article 9

—

—

Article 18

—

Article 19

—

—

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

L 11/40

EN

Official Journal of the European Communities

15. 1. 2000

Directive 71/161/CEE

This Directive

Directive 71/161/CEE

This Directive

Article 20

Article 2

—

—

—

Article 31

Annex I

Annex II

Annex III

Annex IV

—

—

Annexes 2 and 3

—

—

Annex V

Annex VI

Annex VII

Annex VIII

Annex IX