Proposal for a Council Directive amending Directives 66/401/EEC, 66/402/EEC and 66/403/EEC on the marketing of fodder plant seed, cereal seed and seed potatoes
Date: 2001-04-05
Institutions: European Commission
Subjects: bulk product, cereals, fodder plant, marketing standard, potato, preparation for market, seed, seedling

C 213 E/246

EN

Official Journal of the European Communities

31.7.2001

Proposal for a Council Directive amending Directives 66/401/EEC, 66/402/EEC and 66/403/EEC on
the marketing of fodder plant seed, cereal seed and seed potatoes

(2001/C 213 E/09)

(Text with EEA relevance)

COM(2001) 186 final (cid:151) 2001/0089(CNS)

(Submitted by the Commission on 28 April 2001)

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,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(5) It is therefore appropriate to permit the marketing of seed
in bulk to the final consumer on a permanent basis, subject
to observance of
and Directives
66/401/EEC, 66/402/EEC and 66/403/EEC should be
amended accordingly.

conditions,

specific

(6) Since the measures necessary for the implementation of
Directives 66/401/EEC, 66/402/EEC and 66/403/EEC are
management measures within the meaning of Article 2
of Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of
implementing
powers conferred on the Commission (5) they should be
adopted by use of the management procedure provided
for in Article 4 of that decision,

(1) For the reasons given below, the following Directives on
the marketing of seed and propagating material should be
amended:

HAS ADOPTED THIS DIRECTIVE:

Article 1

(cid:151) Council Directive 66/401/EEC of 14 June 1966 on the

marketing of fodder plant seed (1),

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

The following Article shall be inserted after Article 10c

(cid:151) Council Directive 66/402/EEC of 14 June 1966 on the

marketing of cereal seed (2)

(cid:145)Article 10d

(cid:151) Council Directive 66/403/EEC of 14 June 1966 on the

marketing of seed potatoes (3)

(2) Commission Decision 94/650/EC of 9 September 1994 on
the organisation of a temporary experiment on the
seed in bulk to the final consumer (4),
marketing of
organised
specified
temporary
a
conditions, with the aim of assessing whether marketing
of seed in bulk to the final consumer will have no adverse
effect on the quality of the seed compared with the level of
quality achieved under the present system under Directives
66/401/EEC and 66/402/EEC.

experiment

under

1. Member States may, by way of derogation from the
provisions of Articles 8, 9 and 10, provide a simplification
of the provisions relating to the closing device and the
marking of packages in the case of marketing of seed in
bulk to the final consumer.

Conditions

2.
the derogation
under paragraph 1 above shall be determined in accordance
with the procedure referred to in Article 21.

the application of

for

Until such measures are adopted the conditions set out in
Article 2 of Commission Decision 94/650/EEC shall apply.(cid:146)

(3) The results of the experiment have shown that marketing
of seed in bulk to the final consumer under specified
conditions has no adverse effects on the quality of seed.

(4) Furthermore the same conclusion also applies to seed

potatoes under Directive 66/403/EEC.

Article 2

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

The following Article shall be inserted after Article 10

(cid:145)Article 10a

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

Directive 98/96/EC.

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

Directive 1999/54/EC.

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

Decision 1999/742/EC.

1. Member States may, by way of derogation from the
provisions of Articles 8, 9 and 10, provide a simplification
of the provisions relating to the closing device and the
marking of packages in the case of marketing of seed in
bulk to the final consumer.

(4) OJ L 252, 28.9.1994, p. 15. Decision as

last amended by
Commission Decision 2000/441/EC (OJ L 176, 15.7.2000, p. 50).

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

31.7.2001

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Official Journal of the European Communities

C 213 E/247

Conditions

the derogation
2.
under paragraph 1 above shall be determined in accordance
with the procedure referred to in Article 21.

the application of

for

Until such measures are adopted the conditions set out in
Article 2 of Commission Decision 94/650/EEC shall apply.(cid:146)

Article 3

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

The following Article shall be inserted after Article 10

(cid:145)Article 10a

1. Member States may, by way of derogation from the
provisions of Articles 8, 9 and 10, provide a simplification
of the provisions relating to the closing device and the
marking of packages in the case of marketing of seed in
bulk to the final consumer.

Conditions

the derogation
2.
under paragraph 1 above shall be determined in accordance
with the procedure referred to in Article 19.

the application of

for

Article 4

1. Member States shall bring into force the laws, regulations
or administrative provisions necessary to comply with this
Directive by 1 September 2001. 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
their official publication. The
reference on the occasion of
procedure for such reference shall be adopted 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.

Article 5

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

Until such measures are adopted the conditions set out in
Article 2 of Commission Decision 94/650/EEC shall apply.(cid:146)

Article 6

This Directive is addressed to the Member States.