Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species
Date: 2002-06-13
Institutions: Council of the European Union
Subjects: catalogue, cereals, fodder plant, marketing, oleaginous plant, root vegetable, seed, textile plant

20.7.2002

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Official Journal of the European Communities

L 193/1

I

(Acts whose publication is obligatory)

COUNCIL DIRECTIVE 2002/53/EC

of 13 June 2002

on the common catalogue of varieties of agricultural plant species

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Having consulted the Economic and Social Committee,

Whereas:

(1)

(2)

(3)

(4)

Council Directive 70/457/EEC of 29 September 1970
on the common catalogue of varieties of agricultural
plant species (2) has been frequently and substantially
amended (3). For reasons of clarity and rationality the
said Directive should be codified.

The production of agricultural seed and young plants
occupies an important place in the agriculture of the
Community.

the Council has adopted Directives
For this reason,
seed
concerning respectively the marketing of beet
seed (66/401/EEC) (5),
(2002/54/EC) (4),
fodder plant
cereal seed (6), seed potatoes (2002/56/EC) (7) and seed
of oil and fibre plants (2002/57/EC) (8).

A common catalogue of varieties needs to be compiled.
This catalogue can be compiled only on the basis of
national catalogues.

(1) Opinion delivered on 9 April 2002 (not yet published in the

Official Journal).

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

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

(3) See Annex I, Part A.
(4) See page 12 of this Official Journal.
(5) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by

Directive 2001/64/EC (OJ L 234, 1.9.2001, p. 60).

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

Directive 2001/64/EC.

(7) See page 60 of this Official Journal.
(8) See page 74 of this Official Journal.

(5)

(6)

(7)

(8)

(9)

(10)

(11)

All Member States should therefore compile one or
more national catalogues of the varieties accepted for
certification and marketing in their territory.

These catalogues must be drawn up in accordance with
uniform rules so that
the varieties accepted will be
distinct, stable and sufficiently uniform and that they
will be of satisfactory value for cultivation and use.

is

appropriate

It
consideration
internationally established rules for certain provisions
relating to the acceptance of varieties at national level.

take

into

to

to carry out

In order
the
acceptance of a variety, a large number of uniform
criteria and minimum requirements must be laid down.

examinations

the

for

Provisions relating to the length of time during which
acceptance of a variety is to remain valid,
to the
grounds on which acceptance may be revoked and to
practices
the variety must be
standardized and the Member States should inform one
another of the acceptance and withdrawal of varieties.

for maintenance of

It is desirable to adopt rules in relation to the suitability
of
exchange of
information between Member States.

denominations

varietal

and

the

Seed covered by this Directive
freely
marketable within the Community once it has been
published in the common catalogue.

should be

(12) However, Member States should be given the right to
express by means of a special procedure any objections
which they may have to a variety.

(13)

The Commission should publish in the Official Journal of
the European Communities, C Series, the varieties which
are being added to the common catalogue of varieties of
agricultural plant species.

(14)

Provision should be made for measures recognizing the
equivalence of examinations and checks of varieties
carried out in third countries.

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(15)

(16)

(17)

(18)

(19)

(20)

(21)

Community rules should not apply to varieties the seed
shown to be
or propagating material of which is
intended for export to third countries.

to breed varieties

In the light of scientific and technical developments, it is
through genetic
now possible
modification. Therefore, when determining whether to
accept genetically modified varieties within the meaning
of Council Directive 90/220/EEC of 23 April 1990 on
the deliberate release into the environment of genetically
modified organisms (1) Member States
should have
regard to any risk related to their deliberate release into
the environment. Furthermore, conditions under which
such genetically modified varieties are accepted should
be established.

foods

regulated

and novel

at Community

food
The marketing of novel
ingredients
level by
is
Regulation (EC) No 258/97 of the European Parliament
and of the Council (2). Therefore, it is appropriate for
Member States also to have regard to any food health
risks when determining whether to accept varieties.
Furthermore, conditions under which these varieties are
accepted should be established.

under which chemically

In the light of scientific and technical developments,
rules
and
propagating material may be marketed should be
introduced.

treated

seed

It is essential to ensure that plant genetic resources are
conserved. Conditions to that end should be introduced
to permit, within the framework of legislation on the
seed trade, the conservation, by use in situ of varieties
threatened with genetic erosion.

The measures necessary for the implementation of this
Directive 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 (3).

This Directive should not affect the obligations of the
Member
for
transposition of the Directives set out in Annex I, Part
B.

concerning

deadlines

States

the

HAS ADOPTED THIS DIRECTIVE:

Article 1

the Directives

fibre plant
provisions of
marketing of beet
(66/401/EEC),
(2002/56/EC) and seed of oil and fibre plants (2002/57/EC).

the seed of which may be marketed under
concerning respectively the
seed
potatoes

fodder plant
seed

seed (2002/54/EC),

(66/402/EEC),

cereal

seed

The common catalogue of varieties shall be compiled on

2.
the basis of the national catalogues of the Member States.

3.
This Directive shall not apply to varieties, the seed or
propagating material of which are shown to be, intended for
export to third countries.

Article 2

For the purposes of this Directive (cid:145)official measures(cid:146) means
measures taken:

(a) by State authorities; or

(b) by any legal person whether governed by public or by
private law, acting under the responsibility of the State; or

(c)

in the case of ancillary activities which are also under State
control, by any natural person duly sworn for
that
purpose;

provided that the persons mentioned under (b) and (c) derive
no private gain from such measures.

Article 3

Each Member States

1.
establish one or more
shall
catalogues of the varieties officially accepted for certification
and marketing in its territory. Any person may consult the
catalogues.

In the case of varieties (inbred lines, hybrids) which are
2.
intended solely
the
provisions of paragraph 1 apply only to the extent that the
seeds which belong to them are to be marketed under their
names.

components

varieties,

final

for

as

1.
This Directive concerns the acceptance for inclusion in a
common catalogue of varieties of agricultural plant species of
those varieties of beet, fodder plant, cereal, potato and oil and

(1) OJ L 117, 8.5.1970, p. 15. Directive repealed by Directive
2001/18/EC of the European Parliament and of the Council (OJ L
106, 17.4.2001, p. 1).
(2) OJ L 43, 14.2.1997, p. 1.
(3) OJ L 184, 17.7.1999, p. 23.

The conditions under which the provisions of paragraph 1
shall also apply to other
component varieties may be
determined in accordance with the procedure referred to in
Article 23(2). In the meantime,
in the case of cereals other
than maize, Member States may themselves apply those
provisions to other component varieties in respect of seed
intended for certification in their territories.

Component varieties shall be indicated as such.

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3. Member States may provide that
the acceptance of a
variety for inclusion in the common catalogue or in the
catalogue of another Member State is equivalent to acceptance
for inclusion in their own catalogues.
If such provision is
made, the Member State shall be released from the obligations
provided in Article 7, Article 9(4) and Article 10(2) to (5).

6.
In the interest of conserving plant genetic resources as
specified in Article 20(2), the Member States may depart from
the acceptance criteria set out
sentence of
paragraph 1 in so far as specific conditions are established in
accordance with the procedure referred to in Article 23(2)
considering the requirements of Article 20(3)(a) and (b).

in the first

Article 4

Article 5

1. Member States shall ensure that a variety is accepted only
if
it is distinct, stable and sufficiently uniform. The variety
must be of satisfactory value for cultivation and use.

Examination of the value for cultivation and use shall not

2.
be required:

(a)

for the acceptance of varieties of grasses if the breeder
declares that the seed of his variety is not intended for the
production of fodder plants;

(b) for

the acceptance of varieties whose seed is

to be
marketed in another Member State which has already
accepted the varieties, having regard to their value for
cultivation and use;

(c)

for the acceptance of varieties (inbred lines, hybrids) which
are intended solely as components for hybrid varieties
satisfying the requirements of paragraph 1.

3.
In the case of varieties to which point (a) of paragraph 2
applies, it may be decided, in accordance with the procedure
referred to in Article 23(2), and to the extent that this is
justified in the interest of free circulation of seed within the
Community,
shown by
appropriate examination to be suitable for the purpose for
which they are declared to be intended.
In such cases, the
conditions for the examination shall be determined.

varieties have

to be

that

the

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

However, where material derived from a plant variety is
5.
intended to be used as a food or food ingredient falling within
the scope of Regulation (EC) No 258/97, these foods or food
ingredients must not:

(cid:151) present a danger for the consumer,

(cid:151) mislead the consumer,

(cid:151) differ from foods or food ingredients which they are
intended to replace to such an extent that their normal
consumption would be nutritionally disadvantageous for
the consumer.

1.
A variety shall be regarded as distinct if, whatever the
origin, artificial or natural, of the initial variation from which
it has resulted,
it is clearly distinguishable on one or more
important characteristics from any other variety known in the
Community.

The characteristics of a variety must be capable of precise
recognition and precise definition.

A variety known in the Community shall be any variety which,
at the time when the application for the acceptance of the
variety to be assessed is duly made, is:

(cid:151) either listed in the common catalogue of varieties of
agricultural plant species or the catalogue of varieties of
vegetable species; or

(cid:151) without being listed in one of those catalogues, has been
accepted or submitted fro acceptance in the Member State
in question or
for
certification and marketing, or for certification for other
countries,

in another Member State, either

unless the conditions are no longer fulfilled in all the Member
States concerned before the decision on the application for
acceptance of the variety to be assessed is taken.

2.
A variety shall be regarded as stable if, after successive
propagation or multiplications or at the end of each cycle
cycle of
(where
propagation or multiplications)
to the
description of its essential characteristics.

the breeder has defined a particular

remains

true

it

3.
A variety shall be regarded as sufficiently uniform if,
apart from a very few aberrations, the plants of which it is
composed are, account being taken of the distinctive features
of the reproductive systems of the plants, similar or genetically
identical as regards the characteristics, taken as a whole, which
are considered for this purpose.

4.
The value of a variety for cultivation or use shall be
regarded as satisfactory if, compared to other varieties accepted
in the catalogue of the Member State in question, its qualities,
taken as a whole, offer, at least as far as production in any
given region is concerned, a clear improvement either for
cultivation or as regards the uses which can be made of the
the products derived therefrom. Where other,
crops or
superior
inferior
present,
characteristics
characteristics may be disregarded.

individual

are

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Article 6

Member States shall ensure that varieties coming from other
Member States are subject
in
particular as regards the acceptance procedure, as those which
apply to domestic varieties.

to the same requirements,

Article 7

1. Member States
the acceptance of
shall provide that
varieties be based on the results of official examinations,
particularly growing trials, covering a sufficient number of
characteristics for the variety to be described. The methods
used for determining characteristics must be exact and reliable.
In order to establish distinctness,
the growing trials shall
include at least the available comparable varieties which are
varieties known in the Community within the meaning of
Article 5(1). For the purpose of applying Article 9, other
available comparable varieties shall be included.

The following shall be fixed in accordance with the
2.
procedure referred to in Article 23(2), account being taken of
current scientific and technical knowledge:

(a)

the characteristics to be covered as a minimum by the
examinations of the various species;

(b) the minimum requirements

for

carrying

out

the

examination;

(c)

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

(cid:151) the procedures and conditions under which all or
several Member States may agree to include in the
growing trials, by way of administrative assistance,
varieties for which a request for acceptance has been
introduced in another Member State,

(cid:151) the terms of cooperation between the authorities of the

participating Member States,

(cid:151) the impact of the results of the growing trials,

(cid:151) the standards relating to information on growing trials
for assessment of the value for cultivation or use.

3. Where examination of the genealogical components is
necessary in order to study hybrids and synthetic varieties,
Member States shall ensure that the results of the examination
and the description of the genealogical components are, if the
breeder so requests, treated as confidential.

4.

(a)

In the case of a genetically modified variety referred to
in Article 4(4), an environmental
risk assessment
equivalent to that laid down in Directive 90/220/EEC
shall be carried out.

be

relevant

elements

introduced

and other

(b) The procedures ensuring that the environmental risk
shall be
assessment
equivalent to those laid down in Directive 90/220/EEC
on a proposal
shall
from the
in a council Regulation based on the
Commission,
this
legal basis
appropriate
in the Treaty. Until
Regulation enters
into force genetically modified
varieties shall only be accepted for inclusion in a
national catalogue after having been accepted for
marketing in accordance with Directive 90/220/EEC.

(c) Articles 11 to 18 of Directive 90/220/EEC shall no
longer apply to genetically modified varieties once the
Regulation referred to in point (b) above has entered
into force.

(d) The

and

technical

the
implementation of the environmental risk assessment
shall be adopted in accordance with the procedure
referred to in Article 23(2).

scientific

details

of

5.

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

(cid:151) the food or the food ingredient has already been
authorised pursuant to Regulation (EC) No 258/97,
or

(cid:151) the

authorisation

in
decisions
Regulation (EC) No 258/97 are taken in accordance
with the procedure referred to in Article 23(2).

referred

to

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

(c) The

and

technical

the
implementation of the measures laid down in point (b)
shall be adopted in accordance with the procedure
referred to in Article 23(2).

scientific

details

of

Article 8

Member States shall require that when lodging an application
for the acceptance of a variety, the applicant indicate whether
acceptance has already been applied for in another Member
State, which Member State was concerned and whether the
application was granted.

Article 9

1.
Each Member State shall arrange for official publication
of the catalogue of varieties accepted in its territory and of the
name of the person or persons responsible for maintenance of
the
are
responsible for the maintenance of a variety, the names need

country. When several persons

variety in its

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not be published. If the names are not published, the catalogue
indicate the authority holding the list of names of
shall
persons responsible for maintenance of the variety.

2. Member States shall, as far as possible, ensure at the time
of acceptance that the variety is known by the same name in
all Member States.

If it is known that seed or propagating material of a given
variety are marketed in another country under a different
name, that name shall also be indicated in the catalogue.

In taking into account the information available, Member
3.
States shall also ensure that a variety which is not clearly
distinguishable:

(cid:151) from a variety previously accepted in the Member State in

question or in another Member State, or

(cid:151) from another variety which has been assessed with regard
to distinctness, stability and uniformity in accordance with
rules corresponding to those of
this Directive, without,
however, being a variety known in the Community within
the meaning of Article 5(1),

bears the name of that variety. This provision shall not apply if
this name is likely to mislead or cause confusion concerning
the variety in question, or if, pursuant to all the provisions of
the Member State concerned governing the names of varieties,
other facts prevent
third
its utilisation, or if
parties impede the free use of that name in connection with
the variety in question.

the rights of

4. Member States shall compile a file on each variety
accepted, containing a description of the variety and a clear
summary of all the facts on which the acceptance was based.
The description of the varieties shall relate to plants produced
directly from seed and young plants of the category (cid:145)certified
seed and propagating material(cid:146).

5. Member States shall ensure that genetically modified
varieties which have been accepted are clearly indicated as
such in the catalogue of varieties. They shall further ensure
that any person marketing such a variety clearly indicates in
his sales catalogue that the variety is genetically modified.

6.
So far as the suitability of the denomination of a variety
is concerned, Article 63 of Council Regulation (EC) No
2100/94 of 27 July 1994 on Community plant variety
rights (1) shall apply.

implementing

Detailed
of
denominations of varieties may be adopted in accordance with
the procedure referred to in Article 23(2).

suitability

rules

the

to

as

Article 10

1.
Any application or withdrawal of an application for
acceptance of a variety, any entry in a catalogue of varieties as
well as any amendment thereto shall be notified forthwith to
the other Member States and the Commission.

2. Member States shall, for each new variety accepted, send
the other Member States and the Commission a brief
description of its most important characteristics for use. This
provision shall not apply in the case of varieties (inbred lines,
hybrids) which are intended solely as components for final
varieties. They shall, on request, also communicate the special
qualities which enable the variety to be distinguished from
other similar varieties.

3.
Each Member State shall make available to the other
Member States and the Commission the files referred to in
Article 9(4) on the varieties which are accepted or which have
ceased to be accepted.
Information exchanged concerning
these files shall be treated as confidential.

4. Member States shall ensure that the acceptance files are
made available for the personal and exclusive use of any
person able to show a legitimate interest. These provisions
shall not apply where the information must, under Article
7(3), be treated as confidential.

5. Where acceptance of a variety is refused or revoked, the
results of the examinations shall be made available to persons
affected by such decision.

Article 11

1. Member States shall provide that the varieties accepted
must be maintained according to accepted practices for the
maintenance of the variety.

2.
It must at all times be possible to check maintenance
from the records kept by the person or persons responsible for
the variety. These records shall also cover the production of all
generations prior to basic seed or propagating material.

Samples may be requested from the person responsible
the variety. Such samples may if necessary be taken

3.
for
officially.

4. Where maintenance takes place in a Member State other
than the one in which the variety was accepted, the Member
States concerned shall assist each other administratively as
regards verification.

Article 12

(1) OJ L 227, 1.9.1994, p. 1. Regulation as amended by Regulation

(EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).

Acceptance shall be valid until

1.
calendar year following acceptance.

the end of

the tenth

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Acceptance of the varieties by the authorities of the former
German Democratic Republic prior to German unification
shall be valid until the end of the tenth calendar year at the
latest following their entry in the catalogue of varieties drawn
up by the Federal Republic of Germany in accordance with
Article 3(1).

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

3.
The period of validity of acceptance shall be extended
provisionally until a decision is taken on the application for
renewal.

(b)

if the person or persons responsible for the variety so
request, unless there is maintenance of the variety.

2. Member States may revoke the acceptance of a variety:

(a)

the laws,

if
regulations and administrative provisions
adopted in pursuance of this Directive are not complied
with;

(b)

if, at the time of the application for acceptance or during
examination, false or fraudulent particulars were supplied
concerning the factors on the basis of which acceptance
was granted.

Article 15

Article 13

1. Member States shall ensure that a variety is deleted from
their catalogues if acceptance of the variety has been revoked
or if the period of validity of the acceptance has expired.

1. Member States shall ensure that any doubts which arise
after the acceptance of a variety concerning the appraisal of its
the time of acceptance are
distinctness or of
clarified.

its name at

2. Where, after acceptance of a variety, it is established that
the condition concerning distinctness within the meaning of
Article 5 was not
the time of acceptance,
acceptance shall be replaced by another decision or, where
appropriate, a revocation, which conforms with this Directive.

fulfilled at

By this other decision, the variety shall, with effect from the
date of its initial acceptance, no longer be regarded as a variety
known in the Community within the meaning of Article 5(1).

3. Where, after acceptance of a variety, it is established that
its name within the meaning of Article 9 was not acceptable
when the variety was accepted, the name shall be adapted in
such a way that it conforms with this Directive. Member States
may permit the previous name to be used temporarily as an
additional name. The detailed arrangements in accordance with
which the previous name may be used as an additional name
may be laid down in accordance with the procedure referred
to in Article 23(2).

2. Member States may,
in respect of their own territory,
allow a period for the certification and marketing of seed or
propagating material up to 30 June of the third year at the
most after expiry of the acceptance.

In the case of varieties that were listed pursuant to Article
16(1)
in the common catalogue of varieties referred to in
Article 17, the period which expires last among those granted
by the various Member States of acceptance under the first
subparagraph shall apply to marketing in all
the Member
States, provided that the seed or propagating material of the
variety concerned has not been subject
to any marketing
restriction as regards the variety.

Article 16

1. Member States shall ensure that, with effect from the
publication referred to in Article 17, seed of varieties accepted
in accordance with
in accordance with this Directive or
principles corresponding to those of
this Directive is not
subject to any marketing restrictions relating to variety.

In accordance with the procedure referred to in Article
application of

established for

rules may be

the

4.
23(2)
paragraphs 1 and 2.

Article 14

1. Member States shall ensure that acceptance of a variety is
revoked:

(a)

it

is proved, on examination,

if
longer distinct, stable or sufficiently uniform;

that

the variety is no

2.
A Member State may, upon application which shall be
dealt with under the procedure referred to in Article 23(2) or
in Article 23(3) in the case of genetically modified varieties, be
authorised to prohibit the use of the variety in all or in part of
its
for
cultivating the variety in accordance, in cases provided for in
subparagraph (c), with the conditions for using the products
resulting from such cultivation:

to lay down appropriate conditions

territory or

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

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

(c) where it has valid reasons other

than those already
mentioned or which may have been mentioned during the
procedure referred to in Article 10(2) for considering that
the
the variety presents a risk for human health or
environment.

Article 17

Article 19

Where a variety ceases to be accepted in the Member State
which initially accepted it, one or more other Member States
the
may continue to accept
requirements for acceptance continue to be met
in their
territory and that maintenance remains assured.

that variety provided that

Article 20

Specific conditions may be established in accordance
1.
with the procedure referred to in Article 23(2) to take account
of developments in relation to the conditions under which
chemically treated seed may be marketed.

Journal of

the Official

The Commission shall, on the basis of
the information
supplied by the Member States and as this is received, publish
the European
in the C series of
Communities under the title (cid:145)Common Catalogue of Varieties of
Agricultural Plant Species(cid:146) a list of all varieties of which the
seed and propagating material, under Article 16, are not
subject to any marketing restrictions as regards variety, and
also the information required under Article 9(1) concerning
the person or persons responsible for maintenance of
the
variety. The published notice shall indicate the Member States
which have received an authorisation under Article 16(2) or
Article 18.

on

20

June

to Council Regulation (EC) No
2. Without prejudice
1467/94
conservation,
the
1994
of
characterisation, collection and utilisation of genetic resources
in agriculture (1), specific conditions shall be established in
accordance with the procedure referred to in Article 23(2) to
take account of developments in relation to the conservation
in situ and the sustainable use of plant genetic resources
landraces and
through growing and marketing of seed of
varieties which are naturally adapted to the local and regional
conditions and threatened by genetic erosion.

The specific conditions referred to in paragraph 2 above

3.
shall include in particular the following points:

The published notice shall
those varieties for which a
list
period has been applied in accordance with the second
subparagraph of Article 15(2). This shall indicate the length of
the period and, where appropriate,
the Member States to
which the period does not apply.

(a)

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

Article 18

If it is established that the cultivation of a variety included in
the common catalogue of varieties could in any Member State
be harmful
from the point of view of plant health to the
cultivation of other varieties or species, or present a risk for
the environment or for human health, that Member State may
upon application, be authorised in accordance with the
procedure referred to in Article 23(2) or in Article 23(3) in the
case of a genetically modified variety to prohibit the marketing
of the seed or propagating material of that variety in all or
part of its territory. Where there is imminent danger of the
spread of harmful organisms or imminent danger for human
health or
that prohibition may be
imposed by the Member State concerned as soon as its
application has been lodged until such time as a final decision
has been taken. That decision shall be taken within a period of
three months in accordance with the procedure laid down in
Article 23(2) or in Article 23(3) in the case of a genetically
modified variety.

the environment,

for

landraces and varieties shall be accepted in accordance
with the provisions of this Directive. The procedure for
official acceptance shall take into account specific quality
characteristics and requirements. In particular the results of
unofficial
tests and knowledge gained from practical
experience during cultivation, reproduction and use and
the detailed descriptions of the varieties and their relevant
denominations, as notified to the Member State concerned,
shall be taken into account and, if sufficient, shall result in
exemption from the requirement of official examination.
Upon acceptance of such a landrace or variety, it shall be
indicated as a (cid:145)conservation variety(cid:146)
in the common
catalogue;

(b) appropriate quantitative restrictions.

Article 21

Specific conditions may be established in accordance with the
to take account of
procedure referred to in Article 23(2)
developments
the conservation of genetic
resources.

in the area of

(1) OJ L 159, 28.6.1994, p. 1.

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20.7.2002

Article 22

The Council, acting by a qualified majority on a proposal

1.
from the Commission, shall determine whether:

(a)

in the
the official examinations of varieties carried out
third country afford the same assurances as those provided
for in Article 7 and carried out in the Member States;

(b) the checks on practices for the maintenance of varieties
carried out in the third country afford the same assurances
as those carried out by the Member States.

2.
Paragraph 1 shall also apply in respect of any new
Member State from the date of its accession to the date on
regulations or
which it
administrative provisions necessary to comply with this
Directive.

is to bring into force the laws,

Article 23

1.
The Commission shall be assisted by the Standing
Committee on Seeds and Propagating Material for Agriculture,
Horticulture and Forestry set up by Article 1 of Council
Decision 66/399/EEC (1).

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 199/468/EC
shall be set at one month.

3. Where 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 one month.

national laws justified on grounds of the protection of health
and life of humans, animals or plants or the protection of
industrial or commercial property.

Article 25

The 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.

The Commission shall inform the other Member States thereof.

Article 26

1.
Directive 70/457/EEC as amended by the Directives listed
in Annex I part A, is hereby repealed without prejudice to the
obligations of the Member States concerning the deadlines for
transposition of the said Directives set out in Annex I part B.

References

2.
construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex II.

to the Directive

shall be

Article 27

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

Article 28

This Directive is addressed to the Member States.

4.

The Committee shall adopt its rules of procedure.

Done at Luxembourg, 13 June 2002.

Article 24

this
Save as otherwise provided in Articles 16 and 18,
Directive shall be without prejudice to the provisions of

For the Council

The President

M. RAJOY BREY

(1) OJ 125, 11.7.1966, p. 2289/66.

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ANNEX I

PART A

REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS

(referred to by Article 26)

Directive 70/457/EEC (OJ L 225, 12.10.1970, p. 1)

Council Directive 72/274/EEC (OJ L 171, 29.7.1972, p. 37)

only concerning references made to the
provisions of Directive 70/457/EEC in
Articles 1 and 2

Council Directive 72/418/EEC (OJ L 287, 26.12.1972, p. 22)

Council Directive 73/438/EEC (OJ L 356, 27.12.1973, p. 79)

Council Directive 78/55/EEC (OJ L 16, 20.1.1978, p. 23)

Council Directive 79/692/EEC (OJ L 205, 13.8.1979, p. 1)

Council Directive 79/967/EEC (OJ L 293, 20.11.1979, p. 16)

only Article 7

only Article 7

only Article 6

only Article 3

only Article 2

Council Directive 80/1141/EEC (OJ L 341, 16.12.1980, p. 27)

only Article 1

Council Directive 86/155/EEC (OJ L 118, 7.5.1986, p. 23)

Council Directive 88/380/EEC (OJ L 187, 16.7.1988, p. 31)

only Article 5

only Article 6

Council Directive 90/654/EEC (OJ L 353, 17.12.1990, p. 48)

only concerning references made to the
provisions of Directive 70/457/EEC in
Article 2 and Annex II(I)(6)

Council Directive 98/95/EC (OJ L 25, 1.2.1999, p. 1)

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

only Article 6

only Article 6

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PART B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW

(referred to by Article 26)

Directive

Deadline for transposition

70/457/EEC

70/274/EEC

72/418/EEC

73/438/EEC

78/55/EEC

79/692/EEC

79/967/EEC

80/1141/EEC

86/155/EEC

88/380/EEC

90/654/EEC

98/95/EC

98/96/EC

1 July 1972 (1) (2)

1 July 1972 (Article 1)

1 January 1973 (Article 2)

1 July 1972 (Article 7)

1 July 1974 (Article 7)

1 July 1977 (Article 6)

1 July 1977 (Article 3 (9))

1 July 1982 (other provisions)

1 July 1982 (Article 2)

1 July 1980 (Article 1)

1 March 1986 (Article 5)

1 January 1986 (Article 6(5) and (6))

1 July 1990 (other provisions)

1 February 2000 (Corrigendum OJ L 126, 20.5.1999, p. 23)

1 February 2000

(1) For Denmark, Ireland and the United Kingdom, 1 July 1973; for Greece 1 January 1986; for Spain 1 March 1986; and for Portugal
1 January 1989 for specific species referred to in the Directive on the marketing of fodder plant seeds (cid:151) Lolium multiflorum Lam,
Lolium perenne L. and Vicia sativa, L. and the Directive on the marketing of cereal seed (cid:151) Hordeum vulgare L., Oryza sativa, Triticum
aestivum L. emend. Fiori and Paol, and Trisicum durum Desf. Zea mays L. (cid:151) and for the other species referred to by this Directive 1
January 1991.

(2) 1 January 1995 for Austria, Finland and Sweden.

However:
(cid:151) Finland and Sweden may postpone until 31 December 1995 at the latest, the application in their territories of this Directive
with regard to the marketing in their territories of seeds of varieties listed in their respective national catalogues of varieties of
agricultural plant species and vrieties of vegetable plant species which have not been officially accepted in accordance with the
provisions of this Directive. Seeds of such varieties shall not be allowed to be marketed in the territory of the other Member
States during this period,

(cid:151) varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are listed in both the
respective national catalogues of Finland and Sweden and in the common catalogues, shall not be subject to any marketing
restrictions as regards variety,

(cid:151) throughout the period mentioned in the first indent, those varieties in the respective national catalogues of Finland and Sweden
which have been officially accepted in accordance with the provisions of the abovementioned Directive shall be included in the
common catalogue of varieties of agricultural or vegetable plant species, respectively.

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ANNEX II

CORRELATION TABLE

Directive 70/457/EEC

This Directive

Article 1(1)

Article 1(2)

Article 22

Article 2

Article 3(1)

Article 3(1a)

Article 3(2)

Article 3(3)

Article 3(4)

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 12a

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 20a

Article 21(1)

Article 21(3)

Article 23

Article 23a

Article 24

Article 24a

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(1) 98/95/EC Article 9(2) and 98/96/EC Article 8(2).

Article 1(1)

Article 1(2)

Article 1(3)

Article 2

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 3(5)

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

(cid:151)

(cid:151)

Article 17

Article 18

Article 19

Article 20

Article 22(1)

Article 22(2)

Article 23(1), (2) and (4)

Article 23(1), (3) and (4)

Article 24

Article 21

Article 25 (1)

Article 26

Article 27

Article 28

ANNEX I

ANNEX II