Council Directive 2001/64/EC of 31 August 2001 amending Directive 66/401/EEC on the marketing of fodder plant seed and Directive 66/402/EEC on the marketing of cereal seed
Date: 2001-08-31
Institutions: Council of the European Union
Subjects: bulk product, cereals, fodder plant, marketing, seed

L 234/60

EN

Official Journal of the European Communities

1.9.2001

COUNCIL DIRECTIVE 2001/64/EC

of 31 August 2001

amending Directive 66/401/EEC on the marketing of fodder plant seed and Directive 66/402/EEC
on the marketing of cereal seed

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)

For the reasons set out below, Council Directive 66/
401/EEC of 14 June 1966 on the marketing of fodder
plant seed (4) and Council Directive 66/402/EEC of 14
June 1966 on the marketing of cereal seeds (5) should be
amended.

Commission Decision 94/650/EC (6) organised a tempo-
rary experiment under specified conditions, with the aim
of assessing whether the marketing of seed in bulk to
the final consumer would 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.

Following that temporary experiment, it is appropriate
to permit the marketing of seed in bulk to the final
consumer on a permanent basis, subject to the obser-
vance of specific conditions, and Directives 66/401/EEC
and 66/402/EEC should be amended accordingly.

The measures necessary for
the implementation of
Directives 66/401/EEC and 66/402/EEC should be
adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the
Commission (7),

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

1. The following Article shall be inserted:

‘Article 10d

1. Member States may, by way of derogation from
Articles 8, 9 and 10, provide a simplification of the provi-
sions relating to the closing device and the marking of

(1) OJ C 212 E, 31.7.2001.
(2) Opinion delivered on 4 July 2001.
(3) Opinion delivered on 11 July 2001.
(4) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by

Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).

(5) OJ 125, 11.7.1996, p. 2309/66. Directive as last amended by
Commission Directive 1999/54/EC (OJ L 142, 5.6.1999, p. 30).
(6) OJ L 252, 28.9.1994, p. 15. Decision as last amended by Commis-

sion Decision 2000/441/EC (OJ L 176, 15.7.2000, p. 50).

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

packages in the case of marketing of seed of the category
“certified seed” in bulk to the final consumer.

2.
Conditions for the application of the derogation under
paragraph 1 above shall be determined in accordance with
the procedure referred to in Article 21(2).

Until such measures are adopted, the conditions set out in
Article 2 of Commission Decision 94/650/EC (*) shall apply.

(*) 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).’

2. Article 21 shall be replaced by the following:

‘Article 21

The Commission shall be assisted by the Standing
1.
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry established by Article 1
of Council Decision
“the
Committee”).

66/399/EEC (hereinafter

2. Where reference is made to this paragraph, Articles
4 and 7 of Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (*)
shall apply.

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

3.

The Committee shall adopt its rules of procedures.

(*) OJ L 184, 17.7.1999, p. 23.’

Article 2

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

1. The following Article shall be inserted:

‘Article 10a

1. Member States may, by way of derogation from
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 of
the
category “certified seed” in bulk to the final consumer.

1.9.2001

EN

Official Journal of the European Communities

L 234/61

Conditions

the derogation
2.
under paragraph 1 above shall be determined in accord-
ance with the procedure referred to in Article 21(2).

the application of

for

Until such measures are adopted, the conditions set out
in Article 2 of Commission Decision 94/650/EC (*) shall
apply.

(*) 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).’

2. Article 21 shall be replaced by the following:

‘Article 21

1.
The Commission shall be assisted by the Standing
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry established by Article 1
“the Committee”).
of Decision 66/399/EEC (hereinafter

2. Where reference is made to this paragraph, Articles
4 and 7 of Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (*)
shall apply.

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

3.

The Committee shall adopt its rules of procedures.

(*) OJ L 184, 17.7.1999, p. 23.’

Article 3

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 1 March 2002. They shall
forthwith
inform the Commission thereof.

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

these measures,

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 4

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

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 31 August 2001.

For the Council

The President

L. MICHEL