Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes
Date: 2002-06-13
Institutions: Council of the European Union
Subjects: agricultural production, export, labelling, marketing, packaging, potato, seedling

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COUNCIL DIRECTIVE 2002/56/EC

of 13 June 2002

on the marketing of seed potatoes

THE COUNCIL OF THE EUROPEAN UNION,

(6)

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)

(5)

Council Directive 66/403/EEC of 14 June 1966 on the
marketing of seed potatoes (2) has been frequently and
substantially amended (3). For reasons of clarity and
rationality the said Directive should be codified.

Potato production occupies an important place in the
agriculture of the Community.

Satisfactory results in potato cultivation depend to a
large extent on the use of appropriate seed potatoes.

for the choice of

Greater productivity will be achieved in Community
potato cultivation if
the varieties
permitted to be marketed the Member States apply
uniform rules which are as
in
particular as regards health status. A common catalogue
of varieties of agricultural plant species is therefore
provided for in Council Directive 2002/53/EC (4).

strict as possible,

It is desirable to establish a uniform certification scheme
for the Community based on the experience gained in
the application of schemes in the Member States and
that of the Economic Commission for Europe. In the
context of the consolidation of the Internal Market, the
Community scheme should cover the production of
seed with a view to marketing and to marketing within
the Community, and should offer no possibilities for the
Member States to derogate unilaterally in a way that
would hinder the free movement of plants within the
Community.

As a general rule, seed potatoes should be allowed to be
marketed only if they have been officially examined and
certified, in accordance with the rules for certification,
as basic seed potatoes or certified seed potatoes. The
choice of the technical terms (cid:145)basic seed potatoes(cid:146) and
(cid:145)certified seed potatoes(cid:146)
is based on already existing
international terminology. It should be possible, under
specified conditions, to place on the market bred seed
potato of generations prior to basic seed potato and
seed potato as grown.

Member States may subdivide the categories of seed
potatoes into grades satisfying different requirements. It
seems appropriate to provide that Community grades
requirements may be established in an
and their
accelerated procedure. In this respect it should be left to
Member States to decide the extent to which they apply
these grades to their own production.

light of modern advances

In the
in propagation
techniques, it is appropriate to lay down a Community
rules
procedure
applicable to the marketing of seed potatoes produced
by techniques involving micropropagation.

establishment of

specific

the

for

(7)

(8)

(9)

Community rules should not apply to seed potatoes
shown to be intended for export to third countries.

(10)

In order to improve not only the genetic value and
health status of Community seed potatoes but also their
external characteristics, provision should be made for
tolerances
impurities, blemishes and
diseases in seed potatoes.

in respect of

(11) Member States may be authorised,

in respect of

to take more

the
their
marketing of seed potatoes in all or part of
territories,
than
stringent measures
provided for in Annex I against particular virus diseases
which do not exist in those regions or which appear
It has
particularly harmful to crops in those regions.
the scope of this provision should be
appeared that
extended to harmful organisms other
than virus
diseases.

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

Official Journal).

(2) OJ 125, 11.7.1966, p. 2320/66; as last amended by Commission

Decision 1999/742/EC (OJ L 297, 18.11.1999, p. 39).

(3) See Annex VI, part A.
(4) See page 1 of this Official Journal.

(12)

In order to ensure the identity of the seed potatoes,
Community rules on packaging, sealing and marking
must be established. To this end the labels should give
the particulars needed both for official verification and

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for the information of the user and should clearly show
the Community nature of the certification.

(13)

should be introduced on the marketing of
Rules
chemically treated seed potatoes, seed potatoes suitable
for organic growing and on the conservation of genetic
resources of plants in the interest of conservation by use
in situ of varieties threatened with genetic erosion.

(20)

(21)

(22)

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

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 (1).

This Directive should not affect the obligations of the
Member
for
transposition of the Directives set out in Annex IV, part
B,

concerning

deadlines

States

the

(14) Derogations

be

should

permitted

certain
conditions, without prejudice to the provisions of
Article 14 of the Treaty. Member States making use of
the derogations should assist each other administratively
as regards inspection.

under

(15)

(16)

(17)

In order to ensure that both the requirements as to the
the seed potatoes and the provisions for
quality of
ensuring their
complied with during
marketing, Member States must make provision for
appropriate control arrangements.

identity are

satisfying these requirements

should,
Seed potatoes
without prejudice to Article 30 of the Treaty, be subject
to no marketing restrictions other than those provided
for in Community rules, except in those cases where
Community rules provide for tolerances in respect of
diseases, harmful organisms or their vectors.

Provision should be made for authorising the marketing
within the Community of seed potatoes harvested in
third countries only if they afford the same assurances
as
the
certified within
Community and complying with Community rules.

officially

potatoes

seed

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the production with a view to
marketing, and to the marketing, of seed potatoes within the
Community.

It shall not apply to seed potatoes shown to be intended for
export to third countries.

Article 2

For the purposes of this Directive:

(a)

(cid:145)marketing(cid:146): means the sale, holding with a view to sale,
offer for sale and any disposal, supply or transfer aimed at
commercial exploitation of seed potatoes to third parties,
whether or not for consideration.

in seed potatoes not
the

Trade
exploitation of
the
operations, shall not be regarded as marketing:

aimed at

such as

variety,

commercial
following

(18) During periods

in
in which there are difficulties
obtaining supplies of certified seed potatoes of
the
various categories, seed potatoes satisfying less stringent
requirements should temporarily be permitted to be
marketed, as well as seed potatoes belonging to varieties
not included in the Common Catalogue of varieties nor
in the National Catalogue of Varieties.

(cid:151) the supply of seed potatoes to official

testing and

inspection bodies,

(cid:151) the supply of seed potatoes to providers of services for

processing or packaging,

provided the provider of services does not acquire title to
seed potatoes thus supplied.

(19)

In order to ensure that seed potatoes certified in the
Member States satisfy the requirements laid down and
to enable comparisons to be made in the future between
such seed potatoes and those coming from third
should be
countries, Community comparative tests
established
annual
post-control of the various categories of certified seed
potatoes. The Member States should be authorised to
prohibit the marketing of all or certain varieties of seed
potatoes coming from other Member States
the
comparative tests have given unsatisfactory results over
a period of several years.

in Member

to permit

States

if

for

services

the production of

The supply of seed potatoes under certain conditions to
providers of
certain
agricultural raw materials intended for industrial purposes,
or seed propagation for that purpose, shall not be regarded
as marketing, provided the provider of services does not
acquire title to either the seed thus supplied or the product
of the harvest. The supplier of seed potatoes shall provide
the certification authority with a copy of the relevant parts

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

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of the contract made with the provider of services and this
shall include the standards and conditions currently met by
the seed potatoes provided.

potatoes which do not, during marketing, satisfy the minimum
conditions laid down in Annex II may be sorted. The tubers
which are not rejected shall then undergo a further official
examination.

The conditions for the application of this provision shall
be determined in accordance with the procedure laid down
in article 25(2);

(b)

(cid:145)basic seed potatoes(cid:146): means potato tubers

(i) which have been produced according to accepted
practices for the maintenance of the variety and of
health;

2. Member States may subdivide the categories of seed
potatoes provided for
satisfying
different requirements.

in Article 2 into grades

For seed potatoes which have been officially certified, the
3.
following may be determined in accordance with the
procedure referred to in Article 25(2):

(ii) which are intended mainly for

the production of

(cid:151) Community grades,

certified seed potatoes;

(iii) which satisfy the minimum conditions laid down in

Annexes I and II for basic seed potatoes; and

(iv) which have been found by official examination to
satisfy the minimum conditions laid down above;

(c)

(cid:145)certified seed potatoes(cid:146): means potato tubers

(i) which have been produced directly from basic seed or
certified seed, or from seed of a generation prior to
seed which have been found on official
basic
examination to satisfy the conditions laid down for
basic seed;

(ii) which are intended mainly for
potatoes other than seed potatoes;

the production of

(cid:151) the conditions applicable to such grades,

(cid:151) designations applicable to such grades.

Member States may prescribe the extent to which they apply
these Community grades in certifying their own production.

For

seed potatoes produced

by micropropagation
4.
techniques and not meeting the size requirements of
this
Directive, the following may be determined in accordance with
the procedure referred to in Article 25(2):

(cid:151) derogation from specific provisions of this Directive,

(cid:151) the conditions applicable to such seed potatoes,

(iii) which satisfy the minimum conditions laid down in

Annexes I and II for certified seed potatoes; and

(cid:151) the designations applicable to such seed potatoes.

(iv) which have been found by official examination to
satisfy the abovementioned minimum conditions;

Article 4

(d)

(cid:145)official measures(cid:146): means measures taken

(i) by State authorities; or

Notwithstanding Article 3(1), Member States shall provide that
bred seed potatoes of generations prior to basic seed potatoes
may be placed on the market.

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

(iii) in the case of ancillary activities which are also subject
to State control, by any natural person duly sworn for
that purpose,

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

Article 5

Member States may, as regards the minimum conditions laid
down in Annexes I and II, impose additional or more stringent
requirements for the certification of seed potatoes produced in
their own territory.

Article 6

Article 3

1. Member States shall provide that seed potatoes may not
be placed on the market unless they have been officially
certified as (cid:145)basic seed potatoes(cid:146) or (cid:145)certified seed potatoes(cid:146) and
unless they satisfy the minimum conditions laid down in
Annexes I and II. The Member States shall provide that seed

Notwithstanding Article 3(1), Member

1.
States may
authorise producers in their own territory to place on the
market:

(a) small quantities of seed potatoes for scientific purposes or

selection work;

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(b) appropriate quantities of seed potatoes for other test or
trial purposes, provided they belong to varieties for which
an application for entry in the catalogue has been
submitted in the Member State in question.

they do not pass

such that
through a square mesh of
25 (cid:215) 25 mm. In the case of tubers which are too large to pass
through a square mesh of 35 (cid:215) 35 mm, the upper and lower
size limits shall be expressed in multiples of five.

In the case of genetically modified material, such authorisation
may be granted only if all appropriate measures have been
taken to avoid adverse effects on human health and the
environment. For the environmental risk assessment
to be
carried out in this respect, the provisions of Article 7(4) of
Directive 2002/53/EC shall apply accordingly.

The maximum variation in size between tubers in a lot shall
be such that the difference between the dimensions of the two
square meshes used does not exceed 25 mm. These sizing
standards may be modified in accordance with the procedure
referred to in Article 25(2).

2.
The purposes for which the authorisations referred to in
paragraph 1(b) may be given, the provisions relating to the
marking of packages, and the quantities and the conditions
under which Member States may grant such authorisation shall
be determined in accordance with the procedure referred to in
Article 25(2).

3.
Authorisation granted, before 14 December 1998, by
Member States to producers in their own territory for the
purposes set out in paragraph 1 shall remain in force pending
determination of the provisions referred to in paragraph 2.
Thereafter, all such authorisations shall respect the provisions
established in accordance with paragraph 2.

Article 7

Member States shall require that, for the examination of seed
potato tubers for certification, samples are taken officially in
accordance with appropriate methods.

Article 8

1. Member States may require that seed potatoes produced
in their own territory may be separated during production
from other potatoes for plant health reasons.

The requirements provided for

2.
include measures to:

in paragraph 1 may

(cid:151) separate the production of seed and other potatoes,

(cid:151) separate the grading, storage, transportation and handling

of seed and other potatoes.

2.
A lot shall not contain more than 3 % by weight of
tubers smaller than the minimum size indicated or more than
3 % by weight of
than the maximum size
indicated.

tubers larger

3. Member States may, in respect of seed potatoes produced
in their national
reduce the permitted
variation in size between tubers in a lot.

territory,

further

Article 11

1. Member States shall require that basic seed potatoes and
certified seed potatoes be marketed only in sufficiently
homogeneous lots and in closed packages or containers which
must be sealed and bear, as prescribed in Articles 12 and 13, a
sealing device and markings. The packages must be new; the
containers must be clean.

2. Member States may, for the marketing of small quantities
from the
to the final consumer, provide for derogations
provisions of paragraph 1 in respect of packaging, sealing and
marking.

Article 12

1. Member States shall require that packages and containers
of basic seed potatoes and certified potatoes be sealed officially
or under official supervision in such a manner that
they
cannot be opened without damaging the system of sealing or
leaving evidence of
label
provided for in Article 13(1) or the package.

tampering on either the official

Article 9

In order to ensure closure, the sealing system shall comprise at
least either the official label or the affixing of an official seal.

Member States shall provide that seed potatoes may not be
placed on the market if they have been treated with sprout
inhibitors.

The measures provided for in the second subparagraph above
shall not be necessary where a non-reusable sealing system is
used.

Article 10

1. Member States shall provide that seed potatoes may not
be placed on the market unless they have a minimum size

In accordance with the procedure referred to in Article 25(2) it
may be established whether a particular
sealing system
complies with the provisions of this paragraph.

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2.
Packages and containers which have been officially sealed
shall not be resealed, whether one or more times, except
officially or under official supervision. If packages are resealed,
the fact of resealing, the most recent date of resealing and the
authority responsible therefor shall be stated on the label
required under Article 13(1).

3. Member States may provide for exceptions to paragraph
1 in the case of small packages sealed in their own territory.
Conditions relating to these exceptions may be determined in
accordance with the procedure referred to in Article 25(2).

Article 15

In the case of seed potatoes of a variety which has been
genetically modified, any label or document, official or
otherwise, which is affixed to or accompanies the seed lot,
under the provisions of this Directive, shall clearly indicate that
the variety has been genetically modified.

Article 16

Article 13

Member States shall require that any chemical treatment of
basic seed potatoes or certified seed potatoes be noted either
label or on the supplier’s label and on the
on the official
package or inside it or on the container.

1. Member States shall require that packages and containers
of basic seed potatoes and certified seed potatoes:

Article 17

the official

languages of

(a) be labelled on the outside with an official label which has
not previously been used, which fulfils the conditions laid
down in Annex III and the particulars of which are
the
provided in one of
Community. The colour of the label shall be white for
basic seed potatoes and blue for certified seed potatoes.
When a label with a string-hole is used,
its attachment
shall be ensured in all cases with an official seal. The use
of official adhesive labels shall be authorised. In accordance
with with procedure referred to in Article 25(2),
the
indelible printing of
the prescribed particulars on the
package in accordance with the label model may be
authorised under official supervision;

(b) contain an official document,

in the same colour as the
label, providing at least the label particulars required under
Annex III(A)(3), (4) and (6). This document shall be drawn
up in such a manner that it cannot be confused with the
official label referred to under (a).

This document shall not be necessary if the particulars are
printed indelibly on the package or if, in accordance with
the provisions under (a), an adhesive label or a label of tear
resistant material is used.

2. Member States may provide for exceptions to paragraph
1 in the case of small packages sealed in their own territory.
Conditions relating to these exceptions may be determined in
accordance with the procedure referred to in Article 25(2).

Article 14

In accordance with the procedure referred to in Article 25(2),
it may be provided that, in cases other than those provided for
in this Directive, packages or containers of basic seed potatoes
or certified seed potatoes shall bear a supplier’s label (which
may either be a label separate from the official label or take
the form of the suppliers’ information printed on the package
or container itself). The particulars to be provided on any such
label shall also be established in accordance with the procedure
referred to in Article 25(2).

1. Member States shall ensure that seed potatoes which are
placed on the market under the provisions of this Directive,
whether mandatory or discretionary, are not subject to any
marketing
characteristics,
examination requirements, marking and sealing other than
those laid down in this or any other Directive.

restrictions

regards

their

as

acting

The Commission,

2.
in accordance with the
procedure referred to in Article 25(2), shall, in respect of the
marketing of seed potatoes in all or part of the territory of one
or more Member States, authorise more stringent measures
than those provided for in Annexes I and II to be taken against
harmful organisms which do not exist in those regions or
which appear particularly harmful to crops in those regions.
Where there is imminent danger of the introduction or spread
the
of
Commission has given a final ruling on the matter, such
measures may be taken by the Member State concerned as
soon as its request has been submitted.

such harmful organisms, and until

such time as

Article 18

The conditions under which bred seed potatoes of generations
prior to basic seed potatoes may be placed on the market
under Article 4, shall be as follows:

(a)

they must have been produced in accordance with
accepted practices for the maintenance of the variety and
of health;

(b) they must be intended mainly for the production of basic

seed potatoes;

(c)

satisfy

they must
to be
established by the procedure referred to in Article 25(2)
for pre-basic seed potatoes;

the minimum conditions

(d) they must have been found by official examination to

satisfy the minimum conditions referred to in (c);

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(e)

they must be placed in packages or
accordance with this Directive; and

containers

in

and certified seed potatoes harvested in the particular area of
the Community concerned will in future satisfy the minimum
conditions referred to in paragraph 1.

(f)

the packages or containers must bear an official
giving at least the following particulars:

label

(cid:151) certification authority and Member State or

their

distinguishing abbreviation,

3.
The necessary arrangements shall be made, in accordance
the
with the procedure referred to in Article 25(2),
comparative tests to be carried out. Seed potatoes harvested in
third countries may be included in the comparative tests.

for

(cid:151) producer’s
number,

identification number or

lot

reference

Article 21

(cid:151) month and year of sealing,

(cid:151) species, indicated at least in roman characters, under
its botanical name, which may be given in abridged
form and without
the authors’ names, or under its
common name, or both,

(cid:151) variety, indicated at least in roman characters,

(cid:151) the description (cid:145)pre-basic seed potatoes(cid:146).

The label shall be white with a diagonal violet line.

Article 19

For the purpose of seeking improved alternatives to certain
provisions set out in this Directive, other than those relating to
plant health,
it may be decided to organise temporary
experiments under specified conditions at Community level in
accordance with the provisions referred to in Article 25(2).

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

Article 20

In accordance with the procedure referred to in Article
1.
25(2), the Commission may prohibit, in whole or in part, the
marketing of seed potatoes harvested in a particular area of the
Community if the progeny of officially drawn samples of basic
seed potatoes or certified seed potatoes harvested in that
particular area and grown in one or more Community test
fields has for three successive years fallen appreciably below
the minimum conditions laid down in Annex I(1)(c), (2)(c), (3)
and (4). Satisfaction of the other minimum conditions laid
down in Annex I may also be checked during the comparative
tests.

1.
The Council, acting by a qualified majority on a proposal
from the Commission, shall determine whether seed potatoes
harvested in a third country and affording the same assurances
as regards their characteristics and the arrangements for their
inspection, for ensuring identity, for marking and for control
in these respects to basic seed potatoes or
are equivalent
certified seed potatoes harvested within the Community and
complying with the provisions of this Directive.

Until such time as the Council has taken a decision
2.
under paragraph 1, the Member States shall be free to take
such decisions themselves. This right shall expire on 1 July
1975.

3. Member States are hereby authorised to extend until 31
March 2002 the validity of decisions taken in accordance with
paragraph 2, it being understood that these decisions may be
used only in accordance with Member States’ obligations under
the common rules on plant health laid down by Council
Directive 2000/29/EC of 8 May 2000 on protective measures
against
the introduction into the Community of organisms
harmful to plants or plant products and against their spread in
the Community (1).

The period in the first subparagraph may be extended for third
countries,
in accordance with the procedure laid down in
Article 25(2), if the available information does not permit a
determination according to paragraph 1 and for as long as
such information does not permit such a determination.

4.
Paragraphs 1 and 2 shall also apply in respect of any
new Member State from the date of its accession to the date
on which it is to bring into force the laws, regulations or
administrative provisions necessary to comply with this
Directive.

Article 22

1.
In order to remove any temporary difficulties in the
general supply of basic seed potatoes or certified seed potatoes
that occur
in the Community and cannot be otherwise
overcome, it may be decided in accordance with the procedure
referred to in Article 25(2) that Member States shall permit,
the
for

specified period,

the marketing

throughout

a

Any measures

taken under paragraph 1 shall be
2.
withdrawn by the Commission as
it has been
soon as
established with adequate certainty that the basic seed potatoes

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by

Commission Directive 2002/28/EC (OJ L 77, 20.3.2002, p. 23).

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Community in quantities necessary to resolve the supply
to less
difficulties of seed potatoes of a category subject
stringent requirements, or of seed potatoes of varieties not
included in the Common Catalogue of Varieties of Agricultural
Plant Species or in the national catalogues of varieties of the
Member States.

For a category of seed potatoes of any given variety, the
2.
official
label shall be that provided for the corresponding
category; for seed potatoes of varieties not included in the
abovementioned catalogues the colour of the official label shall
be brown. The label shall always state that the seed potatoes in
question
stringent
are
requirements.

satisfying

category

less

of

a

Article 25

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 1999/468/EC
shall be set at one month.

Rules for the application of paragraph 1 may be adopted

3.
in accordance with the procedure referred to in Article 25(2).

3.

The Committee shall adopt its rules of procedure.

Article 23

Article 26

1. Member States shall ensure that official inspections are
carried out in relation to the marketing of seed potatoes, at
least by random checks,
to verify compliance with the
requirements and conditions of this Directive.

2. Without prejudice to the free movement of seed potatoes
within the Community, Member States shall take all necessary
measures to ensure that they are supplied with the following
particulars during the marketing of quantities exceeding two
kilograms of seed potatoes imported from third countries:

(a) species,

(b) variety;

(c) category;

(d) country of production and control authority;

(e) country of dispatch;

(f)

importer;

(g) quantity of seed potatoes.

Save as otherwise provided in Annexes I and II in respect of
tolerances for diseases, harmful organisms or their vectors, this
Directive shall be without prejudice to the provisions of
national laws justified on grounds of the protection of health
and life of humans, animals or plants or the protection of
industrial and commercial property.

Article 27

1.
Specific conditions may be established in accordance
with the procedure referred to in Article 25(2) to take account
of developments in the areas of:

(a) conditions under which chemically treated seed may be

marketed;

(b) conditions under which seed may be marketed in relation
to the conservation in situ and the sustainable use of plant
genetic resources, which are associated with specific
natural and semi-natural habitats and are threatened by
genetic erosion;

(c) conditions

under which

seed

suitable

for

organic

production may be marketed.

The manner in which these particulars must be presented may
be determined in accordance with the procedure laid down in
Article 25(2).

The specific conditions referred to in paragraph 1(b) shall

2.
include in particular the following points:

Article 24

(a)

the seed of these species shall be of a known provenance
approved by the appropriate authority in each Member
State for marketing the seed in defined areas;

Amendments to be made to the content of the Annexes in the
light of the development of scientific or technical knowledge
shall be adopted according to the procedure referred to in
Article 25(2).

(b) appropriate quantitative restrictions.

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

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Article 28

Article 30

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.

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

The Commission shall inform the other Member States thereof.

Article 31

Article 29

This Directive is addressed to the Member States.

in
Directive 66/403/EEC, as amended by the acts set out
Annex IV, part A,
is repealed, without prejudice to the
obligations of the Member States concerning the deadline for
transposition of the said Acts set out in Annex IV, part B.

References to the repealed Directive shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex V.

Done at Luxembourg, 13 June 2002.

For the Council

The President

M. RAJOY BREY

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ANNEX I

MINIMUM CONDITIONS TO BE SATISFIED BY SEED POTATOES

1. Basic seed potatoes shall satisfy the following conditions:

(a) on official inspection of the growing plants the number affected by blackleg must not exceed 2 %;

(b)

(c)

in the direct progeny the number of plants not breeding true to the variety must not exceed 0,25 % and the
number of plants of a different variety must not exceed 0,1 %;

in the direct progeny the number of plants showing symptoms of mild or severe virus infection must not
exceed 4 %.

2. Certified seed potatoes shall satisfy the following conditions:

(a) on official inspection of the growing plants the number affected by blackleg must not exceed 4 %;

(b)

(c)

in the direct progeny the number of plants not breeding true to the variety must not exceed 0,5 % and the
number of plants of a different variety must not exceed 0,2 %;

in the direct progeny the number of plants showing symptoms of severe virus infection must not exceed 10 %.
Light mosaics merely causing discoloration and not leaf deformation shall be ignored.

3.

In assessing the progeny of a variety affected by a chronic virus disease, slight symptoms caused by the virus in
question shall not be taken into account.

4. The tolerances allowed under Items 1(c), 2(c) and 3 are applicable only where the virus diseases are caused by

viruses that are prevalent in Europe.

5. The production ground must not be infected by Heterodera rostochiensis Woll.

6. The crop must be free from:

(a) Synchytrium endobioticum (Schilb.) Perc.,

(b) Corynebacterium sepedonicum (Spieck. et Kotth.) Skapt. and Burkh.

20.7.2002

EN

Official Journal of the European Communities

L 193/69

ANNEX II

MINIMUM QUALITY CONDITIONS FOR LOTS OF SEED POTATOES

A. Tolerances for the following impurities, blemishes and diseases allowed for seed potatoes:

1. presence of earth and extraneous matter;

2 % by weight

2. dry and wet rot, except if caused by Synchytrium endobioticum, Corynebacterium

1 % by weight

sepedonicum or Pseudomonas solanacearum;

3. external blemishes e.g. misshapen or damaged tubers;

4. common scab: tubers affected over more than one-third of their surface.

Total tolerance for items 2 to 4.

3 % by weight

5 % by weight

6 % by weight

B. The seed potatoes shall be free from Heterodera rostochiensis, Synchytrium endobioticum, Corynebacterium sepedonicum

and Pseudomonas solanacearum.

ANNEX III

LABEL

A. Required information

1.

(cid:145)EC rules and standards(cid:146)

2. Certification authority and Member State or their initials

3.

Producer’s identification number or reference number of lot

4. Month and year of sealing

5. Variety, indicated at least in roman characters

6. Country of production

7. Category and, if desirable, grade

8.

Size

9. Declared net weight

B. Minimum dimensions

110 mm (cid:215) 67 mm

L 193/70

EN

Official Journal of the European Communities

20.7.2002

ANNEX IV

PART A

REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS
(referred to by Article 29)

Directive 66/403/EEC (OJ 125, 11.7.1966, p. 2320/66)

Council Directive 69/62/EEC (OJ L 48, 26.2.1969, p. 7)

Council Directive 71/162/EEC (OJ L 87, 17.4.1971, p. 24)

only Article 4

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

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 75/444/EEC (OJ L 196, 26.7.1975, p. 6)

Council Directive 76/307/EEC (OJ L 72, 18.3.1976, p. 16)

Council Directive 77/648/EEC (OJ L 261, 14.10.1977, p. 21)

only concerning references made
to the provisions of Directive
66/403/EEC in Articles 1 and 2

only Article 4

only Article 4

only Article 4

only Article 1

Council Directive 78/692/EEC (OJ L 236, 26.8.1978, p. 13)

only Article 4

Council Directive 78/816/EEC (OJ L 281, 6.10.1978, p. 18)

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

only Article 1

Council Directive 80/52/EEC (OJ L 18, 24.1.1980, p. 29)

Council Directive 81/561/EEC (OJ L 203, 23.7.1981, p. 52)

only Article 2

Council Directive 84/218/EEC (OJ L 104, 17.4.1985, p. 19)

Council Directive 86/215/EEC (OJ L 152, 6.6.1986, p. 46)

Council Directive 87/374/EEC (OJ L 197, 18.7.1987, p. 36)

Council Directive 88/332/EEC (OJ L 151, 17.6.1988, p. 82)

only Article 4

Council Directive 88/359/EEC (OJ L 174, 6.7.1988, p. 51)

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

only Article 4

Council Directive 89/366/EEC (OJ L 159, 10.6.1989, p. 59)

Council Directive 90/404/EEC (OJ L 208, 7.8.1990, p. 30)

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

Commission Directive 91/127/EEC (OJ L 60, 7.3.1991, p. 18)

Commission Directive 92/17/EEC (OJ L 82, 27.3.1992, p. 69)

Commission Directive 93/3/EEC (OJ L 54, 5.3.1993, p. 21)

Commission Directive 93/108/EEC (OJ L 319, 21.12.1993, p. 39)

Commission Decision 96/16/EC (OJ L 6, 9.1.1996, p. 19)

only concerning references made
to the provisions of Directive
66/403/EEC in Article 2 and
Annex II(I)(4)

Council Directive 96/72/EC (OJ L 304, 27.11.1996, p. 10)

only Article 1(4)

Commission Decision 97/90/EC (OJ L 27, 30.1.1997, p. 49)

Commission Decision 98/111/EC (OJ L 28, 4.2.1998, p. 42)

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)

Commission Decision 1999/49/EC (OJ L 16, 21.1.1999, p. 30)

Commission Decision 1999/742/EC (OJ L 297, 18.11.1999, p. 39)

only Article 4

only Article 4

20.7.2002

EN

Official Journal of the European Communities

L 193/71

PART B

DEADLINE FOR TRANSPOSITION INTO NATIONAL LAW
(referred to by Article 29)

Directive

Deadlines for transposition

1 July 1968 (Article 13(1))
1 July 1969 (other provisions) (1) (2) (3)

1 July 1969 (1)

1 July 1970 (Article 4(3))
1 July 1972 (Article 4(1)) (1)
1 July 1971 (other provisions)

1 July 1972 (Article 1)
1 January 1973 (Article 2)

1 July 1973

1 July 1973 (Article 4(1))
1 January 1974 (Article 4(2))

1 July 1977

1 July 1975

1 January 1977

1 July 1977 (Article 4)
1 July 1979 (other provisions)

1 July 1978

1 January 1980

1 July 1979

1 July 1990

28 February 1993

1 December 1993

1 July 1997 (4)

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

1 February 2000

66/403/EEC

69/62/EEC

71/162/EEC

72/274/EEC

72/418/EEC

73/438/EEC

75/444/EEC

76/307/EEC

77/648/EEC

78/692/EEC

78/816/EEC

79/967/EEC

80/52/EEC

81/561/EEC

84/218/EEC

86/215/EEC

87/374/EEC

88/332/EEC

88/359/EEC

88/380/EEC

89/366/EEC

90/404/EEC

90/654/EEC

91/127/EEC

92/17/EEC

93/3/EEC

93/108/EC

96/72/EC

98/95/EC

98/96/EC

(1) For Denmark, Ireland and the united Kingdom, 1 July 1973 for Article 13(1), 1 July 1974 for the other provisions concerning basic

seed potatoes and 1 July 1976 for the other provisions.

(2) 1 January 1986 for Greece, 1 March 1986 for Spain, and 1 January 1991 for Portugal.
(3) 1 January 1995 for Austria, Finland and Sweden.

However:
(cid:151) Sweden shall be allowed to maintain a tolerance limit of 40 % by weight for tubers affected over more than one tenth of their
surface with common scab, relating to the marketing in its territory of seed potatoes until 31 December 1996 at the latest. This
tolerance limit shall apply solely to seed potatoes produced in areas of Sweden in which particular problems with common scab
have been experienced. Such seed potatoes shall not be introduced into the territory of other Member States,

(cid:151) Sweden shall adapt its legislation in this respect to comply with the relevant part of Annex II to the Directive by the date of

expiry of the above period,

(cid:151) Sweden shall apply from the date of acession those provisions of the Directive which ensure access for material complying with

the Directive to marketing in its territory.

(4) The remaining stocks of labels bearing the abbreviation (cid:145)EEC(cid:146) may continue to be used until 31 December 2001.

L 193/72

EN

Official Journal of the European Communities

20.7.2002

ANNEX V

CORRELATION TABLE

Directive 66/403/EEC

This Directive

Article 1, first subparagraph

Article 1, second subparagraph

Article 2(a)

Article 2(b)(i)

Article 2(b)(ii)

Article 2(b)(iii)

Article 2(b)(iv)

Article 2(c)(i)

Article 2(c)(ii)

Article 2(c)(iii)

Article 2(c)(iv)

Article 2(d)(i)

Article 2(d)(ii)

Article 2(d)(iii)

(cid:151)

Article 3(1)

Article 3(2)

(cid:151)

Article 3(3)

Article 3(4)

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10(1)

Article 10(2)

Article 10(3)

(cid:151)

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21(1)

Article 21(2)

Article 21(3)

Article 1

Article 17

Article 1(a)

Article 2(1)(A)(a)

Article 2(1)(A)(b)

Article 2(1)(A)(c)

Article 2(1)(A)(d)

Article 2(1)(B)(a)

Article 2(1)(B)(b)

Article 2(1)(B)(c)

Article 2(1)(B)(d)

Article 2(1)(C)(a)

Article 2(1)(C)(b)

Article 2(1)(C)(c)

Article 2(2)

Article 3(1)

Article 3(2)(A)

Article 3(2)(B)

Article 3(3)

Article 3(4)

Article 3(a)

Article 4

Article 4(a)

Article 5

Article 5(a)

Article 6

Article 7(1)

Article 7(2)

Article 7(3)

Article 7(4)

Article 8

Article 9

Article 10

Article 11

Article 11(a)

Article 12

Article 13

Article 13(a)

Article 13(b)

Article 14

Article 15(1)

Article 15(2)

Article 15(2)(a)

20.7.2002

EN

Official Journal of the European Communities

L 193/73

Directive 66/403/EEC

This Directive

Article 15(3)

Article 16

Article 18

Article 19(a)

Article 19

Article 20

Article 20(a)(1)

Article 20(a)(2)(i)

Article 20(a)(2)(ii)

Article 21

(cid:151)

(cid:151)

(cid:151)

(cid:151)

ANNEX I

ANNEX II

ANNEX III, Part A(1)

ANNEX III, Part A(2)

ANNEX III, Part A(3)

ANNEX III, Part A(3)(a)

ANNEX III, Part A(4)

ANNEX III, Part A(5)

ANNEX III, Part A(6)

ANNEX III, Part A(7)

ANNEX III, Part A(8)

ANNEX III, Part B

(cid:151)

(cid:151)

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

Article 21(4)

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27(1)

Article 27(2)(a)

Article 27(2)(b)

(cid:151)

Article 28 (1)

Article 29

Article 30

Article 31

ANNEX I

ANNEX II

ANNEX III, Part A(1)

ANNEX III, Part A(2)

ANNEX III, Part A(3)

ANNEX III, Part A(4)

ANNEX III, Part A(5)

ANNEX III, Part A(6)

ANNEX III, Part A(7)

ANNEX III, Part A(8)

ANNEX III, Part A(9)

ANNEX III, Part B

ANNEX IV

ANNEX V