Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed
Date: 2002-06-13
Institutions: Council of the European Union
Subjects: Community certification, crop production, marketing, root vegetable, seed

L 193/12

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Official Journal of the European Communities

20.7.2002

COUNCIL DIRECTIVE 2002/54/EC

of 13 June 2002

on the marketing of beet 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,

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 66/400/EEC of 14 June 1966 on the
marketing of beet seed (2) has been frequently and
substantially amended (3). For reasons of clarity and
rationality the said Directive should be codified.

The production of
and fodder beet
(hereinafter called (cid:145)beet(cid:146)) occupies an important place in
the agriculture of the Community.

sugar beet

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

Greater productivity will be achieved in Community
beet cultivation if for the choice of varieties permitted
to be marketed the Member States apply uniform rules
which are as strict as possible. A common catalogue of
varieties of
therefore
agricultural plant
provided for in Council Directive 2002/53/EC (4).

species

is

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
the Organisation for Economic Cooperation
those of
and Development. In the context of the consolidation of
the Community scheme should
the internal market,

offer no possibilities for Member States to derogate
unilaterally from the scheme in a way that would hinder
the free movement of seeds within the Community.

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

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

In order to improve the quality of Community beet
seed, certain requirements must be laid down as to,
monogermity,
amongst
segmentation,
and
moisture content.

polyploidy,
purity,

germination

analytical

others,

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

(6)

(7)

(8)

(9)

(10)

Rules for the marketing of chemically treated seed, seeds
suitable for organic growing as well as the conservation
by use,
in situ, of varieties threatened with genetic
erosion should be introduced.

(11) Derogations

be

should

permitted

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

under

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

Official Journal).

(2) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by

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

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

(12)

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

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(13)

(14)

(15)

requirements

Seed satisfying these
should, without
prejudice to Article 30 of the Treaty, be subject to no
marketing restrictions other than those provided for in
Community rules.

Subject to certain conditions, seed multiplied in another
country from basic seed certified in a Member State
should be certified as seed multiplied in that Member
State.

Provision should be made for authorising the marketing
within the Community of beet seed harvested in third
countries only if such seed affords the same assurances
as seed officially certified within the Community and
complying with Community rules.

(16) During periods

in which there are difficulties

in
the various
obtaining supplies of certified seed of
categories, seeds of a category subject to less stringent
requirements, as well as seeds of varieties not included
in the Common Catalogue of Varieties or in the national
Catalogue of Varieties, should temporarily be permitted
to be marketed.

(17)

(18)

(19)

(20)

the

to harmonise

In order
technical methods of
certification used in the Member States and to enable
comparisons to be made between seed certified within
the Community and that coming from third countries,
Community comparative tests should be established in
Member States to permit annual post-control of seed of
the category (cid:145)certified seed(cid:146).

It is desirable to organise temporary experiments for the
purpose of seeking improved alternatives to certain
elements of the certification schemes adopted under 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 V, part
B,

concerning

deadlines

States

the

HAS ADOPTED THIS DIRECTIVE:

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

Article 2

1.

For the purpose of this Directive:

(a)

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

Trade in seed not aimed at commercial exploitation of the
variety, such as the following operations, shall not be
regarded as marketing:

(cid:151) the supply of seed to official testing and inspection

bodies,

(cid:151) the supply of

for
processing or packaging, provided the provider of
services does not acquire title to seed thus supplied.

seed to providers of

services

intended for

industrial purposes, or

The supply of seed under certain conditions to providers of
services for the production of certain agricultural raw
materials,
seed
propagation for that purpose, shall no 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 shall provide the
certification authority with a copy of the relevant parts of
the contract made with the provider of services and this
shall include the standards and conditions currently met by
the seed provided.

The conditions for the application of this provision shall
be determined in accordance with the procedure referred
to in Article 28(2).

(b)

(cid:145)beet(cid:146): means sugar and fodder beet of the species Beta
vulgaris L.;

(c)

(cid:145)basic seed(cid:146): means seed

(i) which has been produced under the responsibility of
the breeder according to well-defined practices for the
maintenance of the variety;

Article 1

(ii) which is intended for the production of seed of the

category (cid:145)certified seed(cid:146);

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

(iii) which, subject to the provisions of Article 5, satisfies
the conditions laid down in Annex I for basic seed; and

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

(iv) which has been found by official examination to satisfy

the abovementioned conditions;

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(d)

(cid:145)certified seed(cid:146): means seed

(i) which is of direct descent from basic seed;

3. When the examination under official supervision referred
to in the second indent of paragraph 1(d)(iv) above is carried
out, the following requirements shall be complied with:

(ii) which is intended for the production of beet;

(a)

the inspectors, shall:

(iii) which, subject to the provisions of point (b) of Article
5, satisfies the conditions laid down in Annex I for
certified seed; and

(iv) (cid:151) which has been found by official examination to
satisfy the abovementioned conditions, or

(cid:151) in the case of the conditions laid down in Annex
I(A), has been found to satisfy those conditions
either by official examination or by examination
carried out under official supervision.

(e)

(cid:145)monogerm seed(cid:146): means genetically monogerm seed;

(f)

(cid:145)precision seed(cid:146): means seed designed for use in precision
drills which, as required under Annex I, part B(3)(b)(bb)
and (cc), gives single seedlings;

(g)

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

(i) by State authorities; or

(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 under
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.

(h) (cid:145)small EC packages(cid:146): means packages

containing the

following certified seeds:

(i) monogerm or precision seed: not exceeding 100 000
clusters or grains or a net weight of 2,5 kg excluding,
where
appropriate, granulated pesticides, pelleting
substances or other solid additives;

(ii) seed other than monogerm or precision seed: not
exceeding a net weight of 10 kg, excluding, where
appropriate, granulated pesticides, pelleting substances
or other solid additives.

The

types

different

2.
the
of
components, eligible for certification under the provisions of
this Directive, may be specified and defined in accordance with
the procedure laid down in Article 28(2).

including

varieties,

(i) have the necessary technical qualifications;

(ii) derive no private gain in connection with the carrying

out of the inspections;

(iii) have been officially licensed by the seed certification
the Member State concerned and this
authority of
swearing-in of
licensing shall
inspectors or the signature by inspectors of a written
statement of commitment
to the rules governing
official examinations;

include

either

the

(iv) carry out

inspections under official

accordance with the
inspections;

rules

supervision in
to official

applicable

(b) the seed crop to be inspected shall be grown from seed
which has undergone official post-control, the results of
which have been satisfactory;

That

shall

(c) a proportion of the seed crops shall be checked by official
inspectors.
10 % for
proportion
self-pollinated crops and 20 % for cross-pollinated crops
or, for those species for which Member States provided for
official
using morphological,
biochemical
physiological
procedures to identify the variety and establish purity, 5 %
and 15 % respectively;

seed-testing
where

laboratory
or,

appropriate,

be

(d) a proportion of samples from the seed lots harvested from
the seed crops shall be drawn for official postcontrol and,
where appropriate, for official
laboratory seed testing in
respect of varietal identity and purity.

The Member States shall determine the penalties applicable to
infringements of the rules in the first subparagraph, governing
examination under official
supervision. The penalties they
provide for must be effective, proportionate and dissuasive.
the recognition
Penalties may include the withdrawal of
referred to in to first subparagraph, point (a)(iii), from officially
licensed inspectors who are found guilty of deliberately or
negligently
official
the
examinations. Any certification of the seed examined shall be
annulled in the event of such contravention unless it can be
shown that such seed still meets all relevant requirements.

contravening

governing

rules

Further measures applicable to the carrying out of
4.
examinations under official supervision may be adopted in
accordance with the procedure referred to in Article 28(2).

Until such measures are adopted, the conditions set out in
Article 2 of Commission Decision 89/540/EEC (1) shall be
adhered to.

(1) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Decision

96/336/EC (OJ L 128, 29.5.1996, p. 23).

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Article 3

Article 6

1. Member States shall provide that beet seed may not be
placed on the market unless it has been officially certified as
(cid:145)basic seed(cid:146) or (cid:145)certified seed(cid:146).

Notwithstanding Article 3(1), Member

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

2. Member States shall ensure that the official examinations
of seed are carried out in accordance with current international
methods, in so far as such methods exist.

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

work;

Article 4

Notwithstanding Article 3(1), Member States shall provide that

(cid:151) bred seed of generations prior to basic seed, and

(cid:151) seed as grown, marketed for processing, provided that the
the seed is ensured, may be placed on the

identity of
market.

Article 5

Member States may, by way of derogation from the provisions
of Article 3,

(a) authorise the official certification and marketing of basic
seed which does not satisfy the conditions laid down in
Annex I in respect of germination; to this end all necessary
measures
the supplier
guarantees a specific germination which he shall state for
marketing purposes on a special
label bearing his name
and address and the reference number of the seed lot;

shall be taken to ensure that

(b)

trade of seed of

in order to make seed rapidly available, notwithstanding
the fact that the official examination to check compliance
with the conditions laid down in Annex I in respect of
germination has not been concluded, authorise the official
certification and the marketing as far as the first buyer by
the categories (cid:145)basic seed(cid:146) or
way of
(cid:145)certified seed(cid:146). Certification shall be granted only on
presentation of a provisional analytical report on the seed
and provided that
the first
recipient are indicated; all necessary measures shall be
the
taken to ensure
the
germination ascertained at
this
germination shall be stated for marketing purposes on a
special label bearing the name and address of the supplier
and the reference number of the lot.

guarantees
the provisional analysis;

the name and address of

supplier

that

These provisions shall not apply to seed imported from third
countries, save as otherwise provided in Article 22 in respect
of multiplication outside the Community.

Member States making use of the derogation provided for in
either
each other
(b)
administratively as regards control.

subparagraph (a) or

assist

shall

(b) appropriate quantities of

trial
purposes, provided it belongs to varieties for which an
application for entry in the catalogue has been submitted
in the Member State in question.

seed for other

test or

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
to be
environment. For the environmental risk assessment
carried out in this respect, the provisions of Article 7(4) of
Directive 2002/53/EC shall apply accordingly.

The purposes for which the authorisations referred to in
2.
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 28(2).

3.
Authorisations 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 may, as regards the conditions laid down in
Annex I, impose additional or more stringent requirements for
the certification of seed produced in their own territory.

Article 8

The Member States shall provide that the description of the
genealogical components which may be required is,
the
breeder so requests, treated as confidential.

if

Article 9

1. Member States shall require that,
for the checking of
varieties and for the examination of seed for certification,
samples are drawn officially in accordance with appropriate
methods.

2.
For the examination of seed for certification, samples
shall be drawn from homogeneous lots; the maximum weight
of a lot and the minimum weight of a sample are given in
Annex II.

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Article 10

1. Member States require that basic seed and certified seed
be marketed only in sufficiently homogeneous lots and in
sealed packages bearing, as prescribed in Articles 11, 12 or 13,
whichever is appropriate, a sealing system and markings.

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.

laid down in Annex III, part A, and on which the
information is given in one of the official languages of the
Community. The colour of the label shall be white for
basic seed and blue for certified seed. When a label with a
string-hole is used, its attachment shall be ensured in all
cases with an official seal. If, in cases under point (a) of
Article 5, the basic seed does not satisfy the conditions laid
down in Annex I in respect of germination, this fact shall
be stated on the label. The use of official adhesive labels
shall be authorised.
In accordance with the procedure
referred to in Article 28(2) the indelible printing under
official supervision of the prescribed information on the
package according to the label’s model may be authorised;

Article 11

1. Member States shall require that packages of basic seed
and certified seed, except where seed of the latter category
takes the form of small EC packages, be sealed officially or
under official supervision in such a manner that they cannot
be opened without damaging the sealing system or leaving
evidence of tampering on either the official label provided for
in Article 12 or the package.

(b) contain an official document,

in the same colour as the
label, giving at least the information required under Annex
III, part A(I)(3), (5), (6), (11) and (12). 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
is not necessary if the information is printed indelibly on
the package or if, in accordance with the provisions under
(a), an adhesive label or a label of non-tear material
is
used.

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

Article 13

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

In accordance with the procedure referred to in Article 28(2),
it may be established whether a particular sealing system fulfils
the provisions of this paragraph.

2. Member States shall require that, except in the case of
small EC packages, packages shall not be resealed on one or
more occasions unless this is done officially or under official
supervision. If packages are resealed, the fact of resealing, the
date of resealing and the authority responsible therefore shall
be stated on the label required under Article 12.

3. Member States shall require that small EC packages be
sealed in such a manner that they cannot be opened without
damaging the sealing system or leaving evidence of tampering
on the label or package.
In accordance with the procedure
referred to in Article 28(2), it may be established whether a
particular sealing system complies with the provisions of this
paragraph. Packages shall not be resealed on one or more
occasions except under official supervision.

Article 12

Member States shall require that packages of basic seed and
certified seed, except where seed of the latter category takes
the form of small EC packages:

(a) be labelled on the outside with an official label which has
not previously been used, which satisfies the conditions

1. Member States shall require that small EC packages:

(a) bear on the outside, in accordance with Annex III, part B,
a supplier’s label, a printed notice or stamp in one of the
official
in the case of
languages of
transparent packages
label may be placed inside,
provided it can be read through the package; the label
shall be white in colour for basic seed and blue in colour
for certified seed.

the Community;
this

(b) bear on the outside or on the supplier’s label provided for
in point (a) an officially assigned serial number; should an
official adhesive label be used, the label shall be white in
colour for basic seed and blue in colour for certified seed;
the methods of attaching the said serial number may be
fixed in accordance with the procedure referred to in
Article 28(2).

2. Member States may require that an official adhesive label
containing all or part of the information laid down in Annex
III, part B, be used for marking small EC packages packed in
their territory;
insofar as the information is given on such
label, the marking provided for in point (a) of paragraph 1
shall not be required.

Article 14

Member States may provide that, on request,
small EC
packages of certified seed are sealed and marked officially or
under official supervision pursuant to Article 11(1) and Article
12.

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Article 15

Member States shall take all measures necessary to ensure that,
in the case of small packages of seed, the identity of the seed
can be checked in particular at the time when seed lots are
divided up. To this end, they may require that small packages
divided up in their territory be sealed officially or under official
supervision.

Article 16

it may be provided that,

In accordance with the procedure referred to in Article
1.
28(2),
in cases other than those
already provided for in this Directive, packages of basic or
certified seed of any kind shall bear a supplier’s label (which
may either be a label separate from the official label or take
the form of suppliers’
information printed on the package
itself). The particulars to be provided on any such label shall
also be established in accordance with the procedure referred
to in Article 28(2).

2.
The label referred to in paragraph 1 shall be drawn up in
such a manner that it cannot be confused with the official
label referred to in Article 12.

Article 17

In the case of seed 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 18

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

Article 19

For the purpose of seeking improved alternatives to certain
provisions set out
it may be decided to
organise temporary experiments under specified conditions at
Community level in accordance with the provisions referred to
in Article 28(2).

in this Directive,

as

restrictions
examination
requirements, marking and sealing other than those laid down
in this or any other Directive.

characteristics,

regards

its

Article 21

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

(a)

it must have been officially inspected by the competent
certification authority in accordance with the provisions
applicable to the certification of basic seed;

(b)

it must be packed in accordance with this Directive, and

(c)

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

(cid:151) certification authority and Member State or

their

distinguishing abbreviation,

(cid:151) lot reference number,

(cid:151) month and year of sealing, or

(cid:151) month and year of the last official sampling for the

purposes of certification,

(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; indication whether sugar beet
or fodder beet,

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

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

(cid:151) number of generations preceding seed of the category

(cid:145)certified seed(cid:146).

The label shall be white with a diagonal violet line.

Article 22

1. Member States shall provide that beet seed

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.

(cid:151) which has been produced directly from basic seed officially
certified in one or more Member States or in a third
country which has been granted equivalence under Article
23(1)(b), and

Article 20

(cid:151) which has been harvested in another Member State,

Member States shall ensure that seed which is placed on the
market under
this Directive, whether
is not subject to any marketing
mandatory or discretionary,

the provisions of

shall, on request and without prejudice to the provisions of
Directive 2002/53/EC, be officially certified as certified seed in
any Member State if that seed has undergone field inspection
satisfying the conditions laid down in Annex I, part A, for the

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relevant category and if official examination has shown that
the conditions laid down in Annex I, part B, for the same
category are satisfied.

for marking and for control is equivalent in these respects
to basic seed or certified seed harvested within the
Community and complying with the provisions of
this
Directive.

Where in such cases the seed has been produced directly from
officially certified seed of generations prior to basic seed,
Member States may also authorise official certification as basic
seed, of
that category are
satisfied.

laid down for

the conditions

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

is to bring into force the laws,

2.
Beet seed which has been harvested in the Community
and which is intended for certification in accordance with
paragraph 1 shall:

Article 24

(cid:151) be packed and labelled with an official label satisfying the
in
laid down in Annex IV(A)

and (B),

conditions
accordance with Article 11(1), and

(cid:151) be accompanied by an official document satisfying the

conditions laid down in Annex IV(C).

The provisions in the first subparagraph on packing and
labelling may be waived if the authorities responsible for field
inspection,
the
certification of seeds which have not been definitively certified
and those responsible for certification are the same, or if they
agree on exemption.

drawing up the

documents

those

for

3. Member States shall also provide that beet seed

(cid:151) which has been produced directly from basic seed officially
certified in one or more Member States or in a third
country which has been granted equivalence under Article
23(1)(b), and

(cid:151) which has been harvested in a third country,

shall, on request, be officially certified as certified seed in any
of
those Member States where the basic seed was either
produced or officially certified, if the seed has undergone field
down in an
inspection satisfying
the
equivalence decision made under Article 23(1)(a)
the
for
relevant category, and if official examination has shown that
the conditions laid down in Annex I, part B for the same
category are satisfied. Other Member States may also authorise
official certification of such seed.

conditions

laid

Article 23

The Council, acting by a qualified majority on a proposal

1.
from the Commission, shall determine whether:

(a)

in the case provided for in Article 22, the field inspections
in the third country satisfy the conditions laid down in
Annex I, part A;

(b) beet seed harvested in a third country and affording the
same assurances as
its characteristics and the
arrangements for its examination, for ensuring its identity,

regards

1.
In order to remove any temporary difficulties in the
general supply of basic or certified seed that occur in the
Community and cannot be otherwise overcome,
it may be
decided in accordance with the procedure referred to in Article
28(2) that Member States shall permit, for a specified period,
the Community in quantities
the marketing throughout
necessary to resolve the supply difficulties of
seed of a
category subject to less stringent requirements, or of seed of a
variety not included in the (cid:145)Common Catalogue of Varieties of
Agricultural Plant Species(cid:146) or in the national catalogues of
varieties of the Member States.

2.
For a category of seed of any given variety, the official
label shall be that provided for the corresponding category; for
seed of
abovementioned
catalogues the colour of the official label shall be brown. The
the seed in question is of a
label shall always state that
category satisfying less stringent requirements.

included in the

varieties not

Rules for the application of paragraph 1 may be adopted

3.
in accordance with the procedure referred to in Article 28(2).

Article 25

1. Member States shall ensure that official inspections are
carried out in relation to the marketing of beet seed, 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 within
take all necessary
the Community, Member States
measures to ensure that they are supplied with the following
particulars during the marketing of quantities exceeding two
kilograms of seed imported from third countries:

shall

(a) species;

(b) variety;

(c) category;

(d) country of production and official inspection authority;

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(e) country of dispatch;

(f)

importer;

(g) quantity of seed.

Article 29

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.

The manner in which these particulars are to be presented
may be determined in accordance with the procedure referred
to in Article 28(2).

Article 30

Article 26

Community comparative tests shall be carried out within
1.
the Community for the post-control of samples of certified
beet seed taken during sampling. Satisfaction of the conditions
with which the seed must comply may be checked during the
post-control tests. The arrangements for holding the tests and
their results shall be submitted to the committee referred to in
Article 28(1).

soon as

These comparative tests shall be used to harmonise the
2.
technical methods of certification so as to obtain results which
are equivalent. As
this aim is achieved, annual
progress reports shall be made on the comparative tests and
sent
and to the
in accordance with the
Commission. The Commission shall,
procedure referred to in Article 28(2), set the date for the first
report.

to the Member States

in confidence

acting

The Commission,

in accordance with the
3.
procedure referred to in Article 28(2), shall make the necessary
arrangements for the comparative tests to be carried out. Beet
seed harvested in third countries may be included in the
comparative tests.

Article 27

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 28(2).

Article 28

1.
Specific conditions may be established in accordance
with the procedure referred to in Article 28(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, including seed mixtures of species which
also include species
listed in Article 1 of Directive
2002/53/EC, and are associated with specific natural and
threatened by genetic
and are
semi-natural habitats
erosion;

(c) conditions

under which

seed

suitable

for

organic

production may be marketed.

The specific conditions referred to in paragraph 1, point

2.
(b) shall include in particular the following points:

(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;

(b) appropriate quantitative restrictions.

Article 31

Member States shall submit 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.

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.

Article 32

No later than 1 February 2004, the Commission shall submit a
detailed evaluation of
the certification
procedures introduced by Article 1 of Directive 98/96/EC. This
evaluation shall focus in particular on the possible effects on
the quantity of the seed.

the simplification of

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

Article 33

3.

The committee shall adopt its rules of procedure.

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

1.
Directive 66/400/EEC as amended by Directives listed in
Annex V, 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 V, part B.

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References

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

to the Directive

shall be

Article 35

This Directive is addressed to the Member States.

Article 34

Done at Luxembourg, 13 June 2002.

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

For the Council

The President

M. RAJOY BREY

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ANNEX I

CONDITIONS FOR CERTIFICATION

A. Crop

1. The previous cropping of the field shall not have been incompatible with the production of seeds of Beta vulgaris of
the variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous
cropping.

2. The crop shall have sufficient identity and purity of variety.

3. The seed producer shall submit all the multiplications of a given variety of seed for examination by the certification

authority.

4.

In the case of certified seed of all categories there shall be at least one field inspection, either official or under
official supervision, and in the case of basic seed at least two official field inspections, one of stecklings and one of
the seed-producing plants.

5. The cultural condition of the field and the stage of development of the crops shall be such as to permit identity

and varietal purity to be adequately checked.

6. The minimum distances from neighbouring pollen sources shall be:

1.

For the production of basic seed:

(cid:151) from any pollen sources of the genus Beta

1 000 m

Crop

Minimum distance

2.

For the production of certified seed:

(a) of sugar beet:

(cid:151) from any pollen sources of the genus Beta not included below

1 000 m

(cid:151) the intended pollinator or one of the intended pollinators being diploid, from tetraploid

600 m

sugar beet pollen sources

(cid:151) the intended pollinator being exclusively tetraploid, from diploid sugar beet pollen

sources

(cid:151) from sugar beet pollen sources, the ploidy of which is unknown

(cid:151) the intended pollinator or one of the intended pollinators being diploid, from diploid

sugar beet pollen sources

600 m

600 m

300 m

(cid:151) the intended pollinator being exclusively tetraploid, from tetraploid sugar beet pollen

300 m

sources

(cid:151) between two sugar beet seed production fields in which male sterility is not used

300 m

(b) of fodder beet:

(cid:151) from any pollen sources of the genus Beta not included below

(cid:151) the intended pollinator or one of the pollinators being diploid, from tetraploid fodder

beet pollen sources

1 000 m

600 m

(cid:151) the intended pollinator being exclusively tetraploid, from diploid fodder beet pollen

600 m

sources

(cid:151) from fodder beet pollen sources, the ploidy of which is unknown

(cid:151) the intended pollinator or one of the pollinators being diploid, from diploid fodder beet

pollen sources

600 m

300 m

(cid:151) the intended pollinator being exclusively tetraploid, from tetraploid fodder beet pollen

300 m

sources

(cid:151) between two fodder beet seed production fields in which male sterility is not used

300 m

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The above distances can be disregarded if there is sufficient protection from any undesirable foreign pollinator. No
isolation is necessary between seed crops using the same pollinator.

The ploidy of both seed-bearing and pollen-shedding components of seed-producing crops is to be established by
reference to the common catalogue of varieties of agricultural plant species compiled under Directive 2002/53/EC,
or the national catalogues of varieties established under that Directive. If this information is not included for any
variety, the ploidy is to be regarded as unknown, and thus a minimum isolation distance of 600 metres is required.

1. The seed shall have sufficient identity and purity of variety.

B. Seed

2. Diseases which reduce the usefulness of the seed shall be at the lowest possible level.

3. The seed shall also satisfy the following conditions:

(a)

Minimum analyti-
cal purity
(% by weight) (1)

Minimum ger-
mination
(% of clusters or
pure seed)

Maximum moisture
content
(% by weight) (1)

(aa) sugar-beet

(cid:151) monogerm seed

(cid:151) precision seed

(cid:151) multigerm seed of varieties with more than

85 % diploids

(cid:151) other seed

(bb) fodder-beet

(cid:151) multigerm seed of varieties with more than

85 % diploids, monogerm seed, precision seed

(cid:151) other seeds

The percentage by weight of other seeds shall not exceed 0,3.

97

97

97

97

97

97

80

75

73

68

73

68

15

15

15

15

15

15

(1) Excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.

(b)

special conditions for monogerm seed and for precision seed:

(aa) monogerm seed:

at least 90 % of the germinated clusters shall give single seedlings.

The percentage of clusters giving three or more seedlings shall not exceed five, calculated on the
germinated clusters;

(bb) precision seed of sugar beet:

At least 70 % of the germinated clusters shall give single seedlings. The percentage of clusters giving three
or more seedlings shall not exceed 5 %, calculated on the germinated clusters;

(cc) precision seed of fodder-beet:

In the case of varieties with a percentage of diploids exceeding 85, at least 58 % of the germinated clusters
shall give single seedlings. In the case of all other seeds, at least 63 % of the germinated clusters shall give
single seedlings. The percentage of clusters giving three or more seedlings shall not exceed 5 %, calculated
on the germinated clusters;

(dd) in the case of seed of the category (cid:145)basic seed(cid:146), the percentage by weight of inert matter shall not exceed
1,0. In the case of seed of the category (cid:145)certified seed(cid:146), the percentage by weight of inert matter shall not
exceed 0,5. In the case of pelleted seed of both categories, the satisfaction of the relevant conditions shall

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be examined on samples drawn, pursuant to Article 9(1), from processed seed which has undergone
partial decortication (rubbing or grinding) but has not yet been pelleted, without prejudice to the official
examination of the minimum analytical purity of the pelleted seed;

(c) other special conditions:

Member States shall ensure that beet seed may not be introduced into areas recognised as (cid:145)rhizomania-free
zones(cid:146) under appropriate Community procedures, unless the percentage by weight of inert matter does not
exceed 0,5.

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ANNEX II

Maximum weight of a seed lot: 20 metric tons

Minimum weight of a sample: 500 grammes

The maximum lot weight shall not be exceeded by more than 5 %.

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ANNEX III

MARKING

A. Official label

I.

Information required

1.

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

2. Certification authority and Member State or their initials.

3. Reference number of lot.

4. Month and year of sealing expressed thus: (cid:145)sealed (cid:133) (month and year)(cid:146) or

month and year of the last official sampling for the purposes of certification expressed thus:
(month and year)(cid:146).

(cid:145)sampled (cid:133)

5.

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; indication whether sugar beet or fodder
beet.

6. Variety indicated at least in roman characters.

7. Category.

8. Country of production.

9. Declared net or gross weight or declared number of clusters or pure seeds.

10. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the
nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the
total weight.

11. For monogerm seed: the word (cid:145)monogerm(cid:146).

12. For precision seed: the word (cid:145)precision(cid:146).

13. Where at least germination has been retested, the words (cid:145)retested (cid:133) (month and year)(cid:146) and the service
responsible for such retesting may be indicated. Such information may be given on an official sticker attached
to the official label.

II. Minimum dimensions

110 (cid:215) 67 mm.

B. Supplier’s label or information on the packing (small EC package)

Information required

1.

(cid:145)Small EC package(cid:146).

2. Name and address of the supplier responsible for marking or his identification mark.

3. Officially assigned serial number.

4.

Service which assigned the serial number and name of Member State or their initials.

5. Reference number if the official serial number does not enable the lot to be identified.

6.

Species, indicated at least in roman characters; indication whether sugar beet or fodder beet.

7. Variety indicated at least in roman characters.

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8.

(cid:145)Category(cid:146).

9. Net or gross weight or number of clusters or pure seeds.

10. Where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the
nature of the additive and also the approximate ratio between the weight of clusters or pure seeds and the total
weight.

11. For monogerm seed: the word (cid:145)monogerm(cid:146).

12. For precision seed: the word (cid:145)precision(cid:146).

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ANNEX IV

LABEL AND DOCUMENT PROVIDED IN THE CASE OF SEED NOT FINALLY CERTIFIED, HARVESTED IN
ANOTHER MEMBER STATE

A.

Information required for the label

(cid:151) authority responsible for field inspection and Member State or their initials,

(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; indication whether sugar beet or fodder
beet,

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

(cid:151) category,

(cid:151) field or lot reference number,

(cid:151) declared net or gross weight,

(cid:151) the words (cid:145)seed not finally certified(cid:146).

B. Colour of the label

The label shall be grey.

C.

Information required for the document

(cid:151) authority issuing the document,

(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; indication whether sugar beet or fodder
beet,

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

(cid:151) category,

(cid:151) reference number of the seed used to sow the field and name of the country or countries which certified that

seed,

(cid:151) field or lot reference number,

(cid:151) area cultivated for the production of the lot covered by the document,

(cid:151) quantity of seed harvested and number of packages,

(cid:151) attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

(cid:151) where appropriate, results of a preliminary seed analysis.

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ANNEX V

PART A

REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS

(referred to by Article 33)

Directive 66/400/EEC (OJ 125, 11.7.1966, p. 2290/66)

Council Directive 69/61/EEC (OJ L 48, 26.2.1969, p. 4)

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

only Article 1

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

only concerning references made to the
provisions of Directive 66/400/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 75/444/EEC (OJ L 196, 26.7.1975, p. 6)

Commission Directive 76/331/EEC (OJ L 83, 30.3.1976, p. 34)

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

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

only Article 1

only Article 1

only Article 1

only Article 1

only Article 1

Commission Directive 87/120/EEC (OJ L 49, 18.2.1987, p. 39)

only Article 1

Commission Directive 88/95/EEC (OJ L 56, 2.3.1988, p. 42)

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

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

only Article 1

only Article 1

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

only concerning references made to the
provisions of Directive 66/400/EEC in
Article 2 and to Annex II(I)(1)(a)

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

only Article 1(1)

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

only Article 1 and to Article 9(2)

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

only Article 1, Article 8(2) and to
Article 9

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PART B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW

(referred to by Article 33)

Directive

Deadline for transposition

Directive 66/400/EEC

1 July 1968 (Article 14(1))

Directive 69/61/EEC

Directive71/162/EEC

Directive 72/274/EEC

Directive 72/418/EEC

Directive 73/438/EEC

Directive 75/444/EEC

Directive 76/331/EEC

Directive 78/55/EEC

Directive 78/692/EEC

Directive 87/120/EEC

Directive 88/95/EEC

Directive 88/332/EEC

Directive 88/380/EEC

Directive 90/654/EEC

Directive 96/72/EC

Directive 98/95/EC

Directive 98/96/EC

1 July 1969 (other provisions) (1) (2)

1 July 1969 (3)

1 July 1970 (Article 1(3))

1 July 1972 (Article 1(1))

1 July 1971 (other provisions) (1)

1 July 1972 (Article 1)

1 January 1973 (Article 2)

1 July 1973

1 July 1973 (Article 1(1))

1 January 1974 (Article 1(2))

1 July 1977

1 July 1978 (Article 1)

1 July 1979 (other provisions)

1 July 1979

1 July 1977 (Article 1)

1 July 1979 (other provisions)

1 July 1988

1 July 1988

1 July 1992 (Article 1(8))

1 July 1990 (other provisions)

1 July 1997 (3)

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 Article 14(1), 1 July 1974 for the other provisions concerning basic

seed and 1 July 1976 for the other provisions.

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

Sweden.

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

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ANNEX VI

CORRELATION TABLE

Directive 66/400/EEC

This Directive

Article 1

Article 18

Article 1a

Article 2(1)(A)

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(1)(C)(d)(i)

Article 2(1)(C)(d)(ii)

Article 2(1)(D)

Article 2(1)(E)

Article 2(1)(F)(a)

Article 2(1)(F)(b)

Article 2(1)(F)(c)

Article 2(1)(G), first indent

Article 2(1)(G), second indent

Article 2(1a)

Article 2(2)

Article 2(3)(i)

Article 2(3)(i)(a)

Article 2(3)(i)(b)

Article 2(3)(i)(c)

Article 2(3)(i)(d)

Article 2(3)(ii)

Article 2(3)(iii)

Article 2(3)(iv)

Article 2(3)(v)

Article 2(4)

Article 3

Article 3a

Article 4

Article 4a

Article 5

Article 6

Article 7

Article 9

Article 1, 1st subparagraph

Article 1, 2nd subparagraph

Article 2(1)(a)

Article 2(1)(b)

Article 2(1)(c)(i)

Article 2(1)(c)(ii)

Article 2(1)(c)(iii)

Article 2(1)(c)(iv)

Article 2(1)(d)(i)

Article 2(1)(d)(ii)

Article 2(1)(d)(iii)

Article 2(1)(d)(iv), first indent

Article 2(1)(d)(iv), second indent

Article 2(1)(e)

Article 2(1)(f)

Article 2(1)(g)(i)

Article 2(1)(g)(ii)

Article 2(1)(g)(iii)

Article 2(1)(h)(i)

Article 2(1)(h)(ii)

Article 2(2)

(cid:151)

Article 2(3), first subparagraph, (a)

Article 2(3), first subparagraph, (a)(i)

Article 2(3), first subparagraph, (a)(ii)

Article 2(3), first subparagraph, (a)(iii)

Article 2(3), first subparagraph, (a)(iv)

Article 2(3), first subparagraph, (b)

Article 2(3), first subparagraph, (c)

Article 2(3), first subparagraph, (d)

Article 2(3), second subparagraph

Article 2(4)

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

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Directive 66/400/EEC

This Directive

Article 10

Article 11

Article 11a

Article 11b

Article 11c

Article 12

Article 12a

Article 13

Article 13a

Article 14(1)

(cid:151)

Article 14a

Article 15

Article 16(1)

Article 16(2)

Article 16(3)

Article 16(4)

Article 17

Article 19

Article 20

Article 21a

Article 21

Article 22

Article 22(1)

Article 22(2)(i)

Article 22(2)(ii)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

(cid:151)

Article 21

Article 22

Article 23(1)

(cid:151)

Article 23(2)

(cid:151)

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30(1)

Article 30(2)(a)

Article 30(2)(b)

Article 31 (1)

Article 32 (2)

Article 33

Article 34

Article 35

ANNEX I, part A, point (01)

ANNEX I, part A, point (1)

ANNEX I, part A, point (2)

ANNEX I, part A, point (3)

ANNEX I, part A, point (4)

ANNEX I, part A, point (5)

ANNEX I, part B, point (1)

ANNEX I, part B, point (2)

ANNEX I, part A, point (1)

ANNEX I, part A, point (2)

ANNEX I, part A, point (3)

ANNEX I, part A, point (4)

ANNEX I, part A, point (5)

ANNEX I, part A, point (6)

ANNEX I, part B, point (1)

ANNEX I, part B, point (2)

ANNEX I, part B, point (3)(a)

ANNEX I, part B, point (3)(a)

ANNEX I, part B, point (3)(b)(aa)

ANNEX I, part B, point (3)(b)(aa)

ANNEX I, part B, point (3)(b)(aa)(a)

ANNEX I, part B, point (3)(b)(bb)

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Directive 66/400/EEC

This Directive

ANNEX I, part B, point (3)(b)(bb)

ANNEX I, part B, point (3)(b)(cc)

ANNEX I, part B, point (3)(c)

ANNEX II

ANNEX III, part A, point (I)(1)

ANNEX III, part A, point (I)(2)

ANNEX III, part A, point (I)(3)

ANNEX III, part A, point (I)(3a)

ANNEX III, part A, point (I)(4)

ANNEX III, part A, point (I)(5)

ANNEX III, part A, point (I)(6)

ANNEX III, part A, point (I)(7)

ANNEX III, part A, point (I)(8)

ANNEX III, part A, point (I)(9)

ANNEX III, part A, point (I)(10)

ANNEX III, part A, point (I)(11)

ANNEX III, part A, point (I)(12)

ANNEX III, part A, point (II)

ANNEX III, part B

ANNEX IV

(cid:151)

(cid:151)

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

ANNEX I, part B, point (3)(b)(cc)

ANNEX I, part B, point (3)(b)(dd)

ANNEX I, part B, point (3)(c)

ANNEX II

ANNEX III, part A, point (I)(1)

ANNEX III, part A, point (I)(2)

ANNEX III, part A, point (I)(3)

ANNEX III, part A, point (I)(4)

ANNEX III, part A, point (I)(5)

ANNEX III, part A, point (I)(6)

ANNEX III, part A, point (I)(7)

ANNEX III, part A, point (I)(8)

ANNEX III, part A, point (I)(9)

ANNEX III, part A, point (I)(10)

ANNEX III, part A, point (I)(11)

ANNEX III, part A, point (I)(12)

ANNEX III, part A, point (I)(13)

ANNEX III, part A, point (II)

ANNEX III, part B

ANNEX IV

ANNEX V

ANNEX VI