Council Directive 2003/61/EC of 18 June 2003 amending Directives 66/401/EEC on the marketing of fodder plant seed, 66/402/EEC on the marketing of cereal seed, 68/193/EEC on the marketing of material for the vegetative propagation of the vine, 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed, 92/34/EEC on the marketing of propagating and planting material of fruit plants, 98/56/EC on the marketing of propagating material of ornamental plants, 2002/54/EC on the marketing of beet seed, 2002/55/EC on the marketing of vegetable seed, 2002/56/EC on the marketing of seed potatoes and 2002/57/EC on the marketing of seed of oil and fibre plants as regards Community comparative tests and trials
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: crop production, marketing standard, plant propagation, seed

3.7.2003

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Official Journal of the European Union

L 165/23

COUNCIL DIRECTIVE 2003/61/EC

of 18 June 2003

amending Directives 66/401/EEC on the marketing of fodder plant seed, 66/402/EEC on the
marketing of cereal seed, 68/193/EEC on the marketing of material for the vegetative propagation
of the vine, 92/33/EEC on the marketing of vegetable propagating and planting material, other than
seed, 92/34/EEC on the marketing of propagating and planting material of fruit plants, 98/56/EC on
the marketing of propagating material of ornamental plants, 2002/54/EC on the marketing of beet
seed, 2002/55/EC on the marketing of vegetable seed, 2002/56/EC on the marketing of seed pota-
toes and 2002/57/EC on the marketing of seed of oil and fibre plants as regards Community
comparative tests and trials

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

in appro-
The Commission is required to ensure that,
priate cases, arrangements for coordinating, carrying out
and inspecting the Community comparative tests and
trials are made in accordance with the procedures laid
down in the following provisions:

Directive 66/401/EEC (4), and in particular Article 20(3)
thereof,

Directive 66/402/EEC (5), and in particular Article 20(3)
thereof,

Directive 68/193/EEC (6), and in particular Article 16(3)
thereof,

Directive 92/33/EEC (7), and in particular Article 20(4)
thereof,

Directive 92/34/EEC (8), and in particular Article 20(4)
thereof,

Directive 98/56/EC (9), and in particular Article 14(4)
thereof, and

Directive 2002/54/EC (10), and in particular Article 26(3)
thereof,

(1) OJ C 20 E, 28.1.2003, p. 208.
(2) Opinion of 10 April 2003 (not yet published in the Official

Journal).

(3) OJ C 85, 8.4.2003, p. 43.
(4) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Direc-

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

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

tive 2001/64/EC.

(6) OJ L 93, 17.4.1968, p. 15. Directive as last amended by Directive

2002/11/EC (OJ L 53, 23.2.2002, p. 20).

(7) OJ L 157, 10.6.1992, p. 1. Directive as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(8) OJ L 157, 10.6.1992, p. 10. Directive as last amended by Regula-

tion (EC) No 806/2003.

(9) OJ L 226, 13.8.1998, p. 16. Directive as amended by Regulation

(EC) No 806/2003.

(10) OJ L 193, 20.7.2002, p. 12.

Directive 2002/55/EC (11), and in particular Article 43(3)
thereof,

Directive 2002/56/EC (12), and in particular Article 20(3)
thereof, and

Directive 2002/57/EC (13), and in particular Article 23(3)
thereof.

These necessary arrangements implied in the past years
that a Community contribution for the execution of the
above Community comparative tests and trials had been
decided.

Tests and trials should be organised for species and
under conditions listed by the above Directives irrespec-
tive whether the provisions are mandatory or discre-
tionary.

Tests and trials should cover in particular seed and
propagating material harvested in third countries, seed
and propagating material suitable for organic farming
and seed and propagating material marketed in relation
to the conservation in situ and the sustainable use of
plant genetic resources.

It is moreover appropriate to harmonise the drafting of
the relevant articles of the above Directives.

In the interest of transparency a clear legal basis for the
Community financial contribution is needed. Provisions
for Community financial measures for carrying out the
Community comparative tests and trials which involve
compulsory Community budget
should
therefore be made,

expenditure

(2)

(3)

(4)

(5)

(6)

(11) OJ L 193, 20.7.2002, p. 33.
(12) OJ L 193, 20.7.2002, p. 60. Directive as amended by Commission

Decision 2003/66/EC (OJ L 25, 30.1.2003, p. 42).

(13) OJ L 193, 20.7.2002, p. 74. Directive as amended by Directive

2002/68/EC (OJ L 195, 24.7.2002, p. 32).

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3.7.2003

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. Article 20 of Directive 66/401/EEC shall be replaced by

the following:

‘Article 20

1.
Community comparative tests and trials shall be
carried out within the Community for the post-control of
samples of fodder plant seed placed on the market under
the provisions of this Directive, whether mandatory or
discretionary, and taken during sampling. The comparative
tests and trials may include the following:

— seed harvested in third countries,

— seed suitable for organic farming,

— seed marketed in relation to the conservation in situ
and the sustainable use of plant genetic resources.

2.
These comparative tests and trials shall be used to
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the seed
must comply.

3.
The Commission, acting in accordance with the
procedure referred to in Article 21, shall make the neces-
sary arrangements for the comparative tests and trials to
inform the
be
Committee referred to in Article 21 about the technical
arrangements for holding the tests and trials and the results
thereof.

carried out. The Commission shall

The Community may make a financial contribution
4.
to the performance of the tests and trials foreseen in para-
graphs 1 and 2. The financial contribution shall not exceed
the annual appropriations decided by the budgetary
authority.

The tests and trials which may benefit

5.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 21.

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

2. Article 20 of Directive 66/402/EEC shall be replaced by

the following:

‘Article 20

1.
Community comparative tests and trials shall be
carried out within the Community for the post-control of
samples of cereal seed placed on the market under the
provisions of this Directive, whether mandatory or discre-
tionary, and taken during sampling. The comparative tests
and trials may include the following:

— seed harvested in third countries,

— seed suitable for organic farming,

— seed marketed in relation to the conservation in situ
and the sustainable use of plant genetic resources.

2.
These comparative tests and trials shall be used to
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the seed
must comply.

3.
The Commission, acting in accordance with the
procedure referred to in Article 21, shall make the neces-
sary arrangements for the comparative tests and trials to
be
inform the
Committee referred to in Article 21 about the technical
arrangements for holding the tests and trials and the results
thereof.

carried out. The Commission shall

4.
The Community may make a financial contribution
to the performance of the tests and trials foreseen in para-
graphs 1 and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

from a
5.
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 21.

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

3. Article 16 of Directive 68/193/EEC shall be replaced by

the following:

‘Article 16

1.
Community comparative tests and trials shall be
carried out within the Community for the post-control of
samples of vine propagation material placed on the market
under the provisions of this Directive, whether mandatory
or discretionary,
including those relating to plant health
and taken during sampling. The comparative tests and
trials may include the following:

— propagation material produced in third countries,

— propagation material suitable for organic farming,

— propagation material marketed in relation to measures

intended to help preserve genetic diversity.

2.
These comparative tests and trials shall be used to
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the propa-
gation material must comply.

carried out. The Commission shall

3.
The Commission, acting in accordance with the
procedure referred to in Article 17, shall make the neces-
sary arrangements for the comparative tests and trials to
be
inform the
Committee referred to in Article 17 about the technical
arrangements for holding the tests and trials and the results
thereof. When plant health problems occur, the Commis-
sion shall notify the Standing Committee on Plant Health.

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The Community may make a financial contribution
4.
to the performance of the tests and trials foreseen in para-
graphs 1 and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

5.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 17.

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

4. Article 20 of Directive 92/33/EEC shall be replaced by the

following:

‘Article 20

Trials, or, where appropriate, tests shall be carried
1.
out in the Member States on samples to check that vege-
table propagating and planting material complies with the
requirements and conditions of this Directive,
including
those relating to plant health. The Commission may orga-
the
nise inspections of
Member States and of the Commission.

the trials by representatives of

2.
Community comparative tests and trials may be
carried out within the Community for the post-control of
samples of vegetable propagating and planting material
placed on the market under the provisions of this Directive
whether mandatory or discretionary,
including those
relating to plant health. The comparative tests and trials
may include the following:

— vegetable propagating and planting material produced

in third countries,

— vegetable propagating and planting material suitable

for organic farming,

— vegetable propagating and planting material marketed
in relation to measures aimed at preserving genetic
diversity.

3.
These comparative tests and trials shall be used to
harmonise the technical methods of examination of vege-
table propagating and planting material and to check satis-
faction of the conditions with which the material must
comply.

carried out. The Commission shall

4.
The Commission, acting in accordance with the
procedure referred to in Article 21, shall make the neces-
sary arrangements for the comparative tests and trials to
be
inform the
Committee referred to in Article 21 about the technical
arrangements for holding the tests and trials and the results
thereof. When plant health problems occur, the Commis-
sion shall notify the Standing Committee on Plant Health.

5.
The Community may make a financial contribution
to the performance of the tests and trials foreseen in para-
graphs 2 and 3.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

6.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 21.

The tests and trials foreseen in paragraphs 2 and 3
legal

7.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

5. Article 20 of Directive 92/34/EEC shall be replaced by the

following:

‘Article 20

1.
Trials, or, where appropriate, tests shall be carried
out in the Member States on samples to check that propa-
gating material or fruit plants comply with the require-
ments and conditions of this Directive,
including those
relating to plant health. The Commission may organise
inspections of the trials by representatives of the Member
States and of the Commission.

Community comparative tests and trials may be
2.
carried out within the Community for the post-control of
samples of propagating material or fruit plants placed on
the market under the provisions of this Directive whether
mandatory or discretionary,
including those relating to
plant health. The comparative tests and trials may include
the following:

— propagating material or fruit plants produced in third

countries,

— propagating material or fruit plants suitable for organic

farming,

— propagating material or fruit plants marketed in rela-
tion to measures for the conservation of genetic diver-
sity.

These comparative tests and trials shall be used to
3.
harmonise the technical methods of examination of propa-
gating material and fruit plants and to check satisfaction of
the conditions with which the material must comply.

carried out. The Commission shall

The Commission, acting in accordance with the
4.
procedure referred to in Article 21, shall make the neces-
sary arrangements for the comparative tests and trials to
be
inform the
Committee referred to in Article 21 about the technical
arrangements for holding the tests and trials and the results
thereof. When plant health problems occur, the Commis-
sion shall notify the Standing Committee on Plant Health.

The Community may make a financial contribution
5.
to the performance of the tests and trials foreseen in para-
graphs 2 and 3.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

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3.7.2003

The tests and trials which may benefit

from a
6.
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 21.

The tests and trials foreseen in paragraphs 2 and 3
legal

7.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

6. Article 14 of Directive 98/56/EC shall be replaced by the

following:

‘Article 14

1. Where appropriate, trials or tests shall be carried out
in the Member States on samples to check that propa-
gating material complies with the requirements and condi-
this Directive. The Commission may organise
tions of
inspections of
the Member
States and of the Commission.

trials by representatives of

2.
Community comparative tests and trials may be
carried out within the Community for the post-control of
samples of propagating material or ornamental plants
placed on the market under the provisions of this Direc-
tive, whether mandatory or discretionary, including those
relating to plant health. The comparative tests and trials
may include the following:

— propagating material produced in third countries,

— propagating material suitable for organic farming,

— propagating material marketed in relation to measures

for the conservation of genetic diversity.

3.
These comparative tests and trials shall be used to
harmonise the technical methods of examination of propa-
gating material of ornamental plants and to check satisfac-
tion of
the conditions with which the material must
comply.

carried out. The Commission shall

4.
The Commission, acting in accordance with the
procedure referred to in Article 17, shall make the neces-
sary arrangements for the comparative tests and trials to
be
inform the
Committee referred to in Article 17 about the technical
arrangements for holding the tests and trials and the results
thereof. When problems occur in relation to organisms
covered by Directive 2000/29/EC of 8 May 2000 on
introduction in the
protective measures
Community of organisms harmful
to plants or plant
their spread within the Commu-
products and against
nity (*),
Standing
Committee on Plant Health, which shall also be consulted
on protocols for Community trials where these concern
organisms covered by Directive 2000/29/EC.

the Commission shall notify

against

the

the

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

6.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 17.

The tests and trials foreseen in paragraphs 2 and 3
legal

7.
may be performed only by State authorities or
persons acting under the responsibility of the State.

(*) OJ L 169, 10.7.2000, p. 1. Directive as last amended
by Regulation (EC) No 806/2003 (OJ L 122,
16.5.2003, p. 1).’

7. Article 26 of Directive 2002/54/EC shall be replaced by

the following:

‘Article 26

1.
Community comparative tests and trials shall be
carried out within the Community for the post-control of
samples of beet seed placed on the market under the provi-
sions of
this Directive, whether mandatory or discre-
tionary, and taken during sampling. The comparative tests
and trials may include the following:

— seed harvested in third countries,

— seed suitable for organic farming,

— seed marketed in relation to the conservation in situ
and the sustainable use of plant genetic resources.

These comparative tests and trials shall be used to
2.
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the seed
must comply.

The Commission, acting in accordance with the
3.
procedure referred to in Article 28(2), shall make the
necessary arrangements for the comparative tests and trials
to be carried out. The Commission shall
inform the
Committee referred to in Article 28(1) about the technical
arrangements for holding the tests and trials and the results
thereof.

4.
The Community may make a financial contribution
to the performance of the tests and trials foreseen in para-
graphs 1 and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

5.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 28(2).

5.
The Community may make a financial contribution
to the performance of the tests and trials foreseen in para-
graphs 2 and 3.

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

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8. Article 43 of Directive 2002/55/EC shall be replaced by

the following:

‘Article 43

Community comparative tests and trials shall be
1.
carried out within the Community for the post-control
examination of samples of vegetable seed placed on the
market under the provisions of this Directive, whether
mandatory or discretionary, and taken during sampling.
The comparative tests and trials may include the following:

— seed harvested in third countries,

— seed suitable for organic farming,

— seed marketed in relation to the conservation in situ
and the sustainable use of plant genetic resources.

These comparative tests and trials shall be used to
2.
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the seed
must comply.

The Commission, acting in accordance with the
3.
procedure referred to in Article 46(2), shall make the
necessary arrangements for the comparative tests and trials
to be carried out. The Commission shall
inform the
Committee referred to in Article 46(1) about the technical
arrangements for holding the tests and trials and the results
thereof.

4.
The Community may make a financial contribution
to the performance of the tests and trials foreseen in para-
graphs 1 and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

5.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 46(2).

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

9. Article 20 of Directive 2002/56/EC shall be replaced by

the following:

‘Article 20

1.
Community comparative tests and trials shall be
carried out within the Community for the post-control of
samples of seed potatoes placed on the market under the
provisions of this Directive, whether mandatory or discre-
tionary, including those relating to plant health and taken
during sampling. The comparative tests and trials may
include the following:

— seed potatoes harvested in third countries,

— seed potatoes suitable for organic farming,

— seed potatoes marketed in relation to the conservation
in situ and the sustainable use of plant genetic
resources.

These comparative tests and trials shall be used to
2.
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the seed
must comply.

The Commission, acting in accordance with the
3.
procedure referred to in Article 25(2), shall make the
necessary arrangements for the comparative tests and trials
to be carried out. The Commission shall
inform the
Committee referred to in Article 25(1) about the technical
arrangements for holding the tests and trials and the results
thereof. When plant health problems occur, the Commis-
sion shall notify the Standing Committee on Plant Health.

The Community may make a financial contribution
4.
to the performance of the tests and trials foreseen in para-
graphs 1 and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

5.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 25(2).

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.

7.
In accordance with the procedure referred to in
Article 25(2), the Commission may prohibit, in whole or
in part, the marketing of seed potatoes harvested in a parti-
cular 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 tests and trials has for three
successive years fallen appreciably below the minimum
conditions laid down in Annex I(1)(c), (2)(c), (3) and (4).

8.
Any measures taken under paragraph 7 shall be
withdrawn by the Commission as soon as it has been
established with adequate certainty that
the basic seed
potatoes and certified seed potatoes harvested in the parti-
cular area of the Community concerned will
in future
satisfy the minimum conditions referred to in paragraph
7.’

10. Article 23 of Directive 2002/57/EC shall be replaced by

the following:

‘Article 23

1.
Community comparative tests and trials shall be
carried out within the Community for the post-control of
samples of seed of oil and fibre plants placed on the
market under the provisions of this Directive, whether
mandatory or discretionary, and taken during sampling.
The comparative tests and trials may include the following:

— seed harvested in third countries,

— seed suitable for organic farming,

— seed marketed in relation to the conservation in situ
and the sustainable use of plant genetic resources.

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These comparative tests and trials shall be used to
2.
harmonise the technical methods of certification and to
check satisfaction of the conditions with which the seed
must comply.

The Commission, acting in accordance with the
3.
procedure referred to in Article 25(2), shall make the
necessary arrangements for the comparative tests and trials
to be carried out. The Commission shall
inform the
Committee referred to in Article 25(1) about the technical
arrangements for holding the tests and trials and the results
thereof.

4.
The Community may make a financial contribution
to the performance of the tests and trials foreseen in para-
graphs 1 and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

The tests and trials which may benefit

5.
from a
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 25(2).

The tests and trials foreseen in paragraphs 1 and 2
legal

6.
may be performed only by State authorities or
persons acting under the responsibility of the State.’

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 10 October 2003 at the latest. They shall forthwith
inform the Commission thereof.

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

Article 3

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

This Directive is addressed to the Member States.

Article 4

Done at Luxembourg, 18 June 2003.

For the Council

The President

G. DRYS