Proposal for a Council Directive amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries
Date: 2004-04-19
Institutions: European Commission
Subjects: marketing, plant health control, seed, testing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.4.2004 
COM(2004) 263 final 

2004/0086 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC as regards 
examinations carried out under official supervision and equivalence of seed produced in 
third countries 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

In  the  period  1998-2003  a  temporary  experiment  on  seed  sampling  and  seed  testing  carried 
out  on  the  basis  of  the  Community  legislation  on  the  marketing  of  seed  was  carried  out. 
Several  Member  States  participated.  The  aim  of  the  experiment  was  to  assess  whether  seed 
sampling and seed testing under official supervision may constitute improved alternatives to 
the procedures for official seed certification, without a significant decline in the quality of the 
seed. The results have shown that under specified conditions there could be a simplification of 
the procedures for official seed certification without any significant decline in the quality of 
the  seed  compared  with  that  achieved  under  the  system  for  official  seed  sampling  and  seed 
testing. 

A  detailed  evaluation  of  the  certification  procedures  in  respect  of  field  inspections  under 
official supervision introduced by Directive 98/96/EC of 14 December 1998 has shown that 
the  field  inspections  under  official  supervision  should  be  extended  to  all  the  crops  for  the 
production of certified seed and that the proportion of the areas to be checked and inspected 
by official inspectors may be reduced. 

The  scope  of  the  EU  seed  “equivalence”  in  respect  of  seed  harvested  in  third  countries  is 
currently  restricted  to  certain  categories  of  seed.  In  the  meantime,  taking  into  account  that 
rules  applicable  to  seed  moving  in  international  trade  (in  particular  OECD  Schemes)  have 
been  adopted,  the  equivalence  regime  may  be  extended  to  all  the  various  kinds  of  seeds 
meeting  the  characteristics  and  the  examination  requirements  laid  down  in  the  various 
Community Directives on the marketing of seeds. 

2 

 
 
  
 
2004/0086 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC as regards 
examinations carried out under official supervision and equivalence of seed produced in 
third countries 

(Text with EEA relevance) 

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 Commission1, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Whereas: 

(1) 

Under  Council  Directive  66/401/EEC  of  14  June  1966  on  the  marketing  of  fodder 
plant seed4, Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal 
seed5, Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed6 
and Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and 
fibre plants7, seed can be officially certified only where the conditions to be satisfied 
by  the  seed  have  been  established  in  official  seed  testing  on  samples  of  seed  drawn 
officially for the purpose of seed testing. 

1 
2 
3 
4 

5 
6 
7 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ  125,  11.7.1966,  p.  2298/66.  Directive  as  last  amended  by  Directive  2003/61/EC  (OJ  L  165, 
3.7.2003, p. 23). 
OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 2003/61/EC. 
OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive 2003/61/EC.  
OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2003/61/EC.  

3 

 
 
  
 
                                                 
(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

Commission Decision 98/320/EC of 27 April 1998 on the organisation of a temporary 
experiment  on  seed  sampling  and  seed  testing  pursuant  to  Council  Directives 
66/400/EEC 66/401/EEC, 66/402/EEC and 69/208/EEC8 provides for the organisation 
at  Community  level  of  a  temporary  experiment,  with  the  aim  of  assessing  whether 
seed  sampling  and  seed  testing  under  official  supervision  may  constitute  improved 
alternatives  to  the  procedures  for  official  seed  certification,  without  a  significant 
decline in the quality of the seed. 

The  results  of  the  experiment  have  shown  that  under  specified  conditions  the 
procedures  for  official  seed  certification  could  be  simplified  without  any  significant 
decline  in  the  quality  of  the  seed  compared  with  that  achieved  under  the  system  of 
official seed sampling and seed testing. It is therefore appropriate to provide that those 
simplified procedures should apply on a long-term basis. 

Council  Directive  98/96/EC9,  amending,  inter  alia,  as  regards  unofficial  field 
inspections  Directives  66/400/EEC,  66/401/EEC,  66/402/EEC  and  69/208/EEC  lays 
down rules on certification procedures for field inspections under official supervision. 
A detailed evaluation of those procedures has shown that the field  inspections under 
official supervision should be extended to all the crops for the production of certified 
seed. The evaluation has also shown that the proportion of the areas extended for the 
official  certification  to  be  checked  and  inspected  by  official  inspectors  should  be 
reduced. 

The  scope  of  the  Community  seed  equivalence  in  respect  of  seed  harvested  in  third 
countries is currently restricted to certain categories of seed. In view in particular of 
developments at international level, the equivalence regime should be extended to all 
the  various  kinds  of  seed  meeting  the  characteristics,  the  examination  requirements, 
the marking and sealing conditions laid down in Directives 66/401/EEC, 66/402/EEC, 
2002/54/EC and 2002/57/EC. 

Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC should therefore be 
amended accordingly, 

The Decision 98/320/EC expires on 31 July 2004. It is therefore appropriate to keep 
the Community conditions concerning the marketing of seed produced pursuant to that 
Decision, pending the application of the new provisions. 

HAS ADOPTED THIS DIRECTIVE: 

8 
9 

OJ L 140, 12.5.1998. p. 14. Decision as amended by Decision 2002/280/EC (OJ L 99, 16.4.2002, p. 22) 
OJ L 25, 1.2.1999, p. 27. 

4 

 
 
  
 
                                                 
Article 1 

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

1. 

Article 2(1) is amended as follows: 

(a) 

In (B)(1), point (d) shall be replaced by the following: 

“(d)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a), (b) and (c).” 

(b) 

In (B)(2), point (d) shall be replaced by the following: 

“(d)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a), (b) and (c).” 

(c) 

In (C), point (d) shall be replaced by the following: 

“(d)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (a), (b) 
and (c).” 

(d) 

In (Ca), point (d) shall be replaced by the following: 

“(d)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (a), (b) 
and (c) .” 

(e) 

In (Cb), point (d) shall be replaced by the following: 

“(d)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (a), (b) 
and (c).” 

(f) 

In (D), point (c) shall be replaced by the following: 

“(c)  which has been found by official examination or by examination carried 
out  under  official  supervision  to  satisfy  the  conditions  set  out  in  (a) 
and (b).” 

2. 

Article 2(3) shall be replaced by the following: 

“3.  When  the  examination  under  official  supervision  set  out  in  paragraphs 
(1)(B)(1)(d),  (1)(B)(2)(d),  (1)(C)(d),  (1)(Ca)(d),  (1)(Cb)(d)  and  (1)(D)(c)  is 
carried out, the following requirements shall be complied with: 

5 

 
 
  
 
A. 

FIELD INSPECTION  

(a)  The inspectors shall: 

(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  authority  of  the 
Member  State  concerned  and  this  licensing  shall  include  either  the 
swearing-in  of  inspectors  or  the  signature  by  inspectors  of  a  written 
statement of commitment to the rules governing official examinations; 

(iv)  carry  out  inspections  under  official  supervision  in  accordance  with  the 

rules applicable to official inspections. 

(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. 

(c)  A  proportion  of  the  seed  crops  shall  be  checked  by  official  inspectors.  That 
proportion  shall  be  10%  or,  for  those  species  for  which  Member  States 
provided for official laboratory seed-testing using morphological, physiological 
or,  where  appropriate,  biochemical  procedures  to  identify  the  variety  and 
establish purity, 5%. 

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

(e)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal  of  the  licence  provided  for  in  (a)(iii),  from  officially  licensed 
inspectors who are found guilty of deliberately or negligently contravening the 
rules governing official examinations. The Member States shall ensure that any 
certification  of  the  seed  examined  is  annulled  in  the  event  of  such 
contravention  unless  it  can  be  shown  that  such  seed  still  meets  all  relevant 
requirements. 

B. 

SEED TESTING 

(a)  Seed testing shall be carried out by seed testing laboratories which have been 
authorised for that purpose by the competent seed certification authority of the 
Member State concerned under the conditions set out in (b) to (d). 

6 

 
 
  
 
(b)  The seed testing laboratory shall have a seed analyst-in-charge who has direct 
responsibility  for  the  technical  operations  of  the  laboratory  and  has  the 
necessary qualifications for technical management of a seed testing laboratory. 

Its  seed  analysts  shall  have  the  necessary  technical  qualifications  obtained  in 
training courses organised under conditions applicable to official seed analysts 
and confirmed by official examinations. 

The  laboratory  shall  be  maintained  in premises and with equipment officially 
considered by the competent seed certification authority to be satisfactory for 
the purpose of seed testing, within the scope of the authorisation. 

It shall carry out seed testing in accordance with current international methods. 

(c)  The seed testing laboratory shall be: 

(i) 

an independent laboratory; 

or 

(ii) 

a laboratory belonging to a seed company. 

In the case referred to in (ii) , the laboratory may carry out seed testing only on 
seed lots produced on behalf of the seed company to which it belongs, unless it 
has  been  otherwise  agreed  between  that  seed  company,  the  applicant  for 
certification and the competent seed certification authority. 

(d)  The  seed  testing  laboratory’s  performance  of  seed  testing  shall  be  subject  to 

proper supervision by the competent seed certification authority. 

(e)  For the purposes of the supervision referred to in (e) a proportion of the seed 
lots  entered  for  the  official  certification  shall  be  check-tested  by  official  seed 
testing. That proportion shall in principle be as evenly spread as possible over 
natural  and  legal  persons  entering  seed  for  certification  but  may  also  be 
oriented  to  eliminate  specific  doubts.  That  proportion  shall  be  at  least  5%. 
However,  at  least  25  samples  shall  be  officially  tested  per  seed  testing 
laboratory and per botanical group of species. 

(f)  The  Member  States  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal of the authorisation provided for  in (a),  from  officially  authorised 
seed testing  laboratories which are found guilty of deliberately or negligently 
contravening  the  rules  governing  official  examinations.  The  Member  States 
shall ensure that any certification of the seed examined is annulled in the event 
of  such  contravention  unless  it  can  be  shown  that  such  seed  still  meets  all 
relevant requirements.” 

3. 

In Article 2(4), the second subparagraph shall be deleted. 

7 

 
 
  
 
 
 
 
 
 
4. 

Article 7 is amended as follows: 

(a)  Paragraph 1 shall be replaced by the following: 

“1.  Member  States  shall  require  that,  for  the  checking  of  varieties,  the 
examination of seed for certification and the examination of commercial 
seed,  samples  are  drawn  officially  or  under  official  supervision  in 
accordance  with  appropriate  methods.  However  seed  sampling  with  a 
view to an official post-control shall be carried out officially.” 

(b)  The following paragraphs 1a and 1b shall be inserted: 

“1a.  When  the  seed  sampling  under  official  supervision  provided  for  in 
paragraph (1) is carried out, the following requirements shall be complied 
with: 

(a)  Seed sampling shall be carried out by seed samplers who have been 
authorised  for  that  purpose  by  the  competent  seed  certification 
authority  of  the  Member  State  concerned  under  the  conditions  set 
out in (b), (c), and (d); 

(b)  Seed  samplers  shall  have  the  necessary  technical  qualifications 
obtained in training courses organised under conditions applicable 
to official seed samplers and confirmed by official examinations. 

They  shall  carry  out  seed  sampling  in  accordance  with  current 
international methods. 

(c)  Seed samplers shall be: 

(i) 

independent natural persons 

(ii)  persons employed by natural or legal persons whose activities 

do not involve seed production, seed growing or seed trade; 

or 

(iii)  persons employed by natural or legal persons whose activities 
involve  seed  production,  seed  growing,  seed  processing  or 
seed trade. 

In  the  case  referred  to  in  (iii),  a  seed  sampler  may  carry  out  seed 
sampling  only  on  seed  lots  produced  on  behalf  of  his  employer, 
unless  it  has  been  otherwise  agreed  between  his  employer,  the 
applicant  for  certification  and  the  competent  seed  certification 
authority. 

(d)  The  performance  of  the  seed  samplers  shall  be  subject  to  proper 

supervision by the competent seed certification authority. 

8 

 
 
  
 
 
 
 
(e)  For the purposes of the supervision referred to in (d) a proportion 
of the seed lots entered for the official certification shall be check-
sampled  by  official  seed  samplers.  That  proportion  shall  in 
principle  be  as  evenly  spread  as  possible  over  natural  and  legal 
persons entering seed for certification but may also be oriented to 
eliminate specific doubts. That proportion shall be at least 5%. 

The  Member  States  shall  compare  the  seed  samples  drawn 
officially  with  those  of  the  same  seed  lot  drawn  under  official 
supervision. 

(f)  The Member States shall lay down the rules on penalties applicable 
to infringements of the national provisions adopted pursuant to this 
Directive  governing  examination  under  official  supervision.  The 
penalties  provided  for  must  be  effective,  proportionate  and 
the 
include 
dissuasive.  Penalties  may 
authorisation  provided  for  in  (a),  from  officially  authorised  seed 
samplers  who  are  found  guilty  of  deliberately  or  negligently 
contravening  the  rules  governing  official  examinations.  The 
Member  States  shall  ensure  that  any  certification  of  the  seed 
sampled is annulled in the event of such contravention unless it can 
be shown that such seed still meets all relevant requirements. 

the  withdrawal  of 

1b.  Further  measures  applicable  to  the  carrying  out  of  seed  sampling  under 
official  supervision  may  be  adopted  in  accordance  with  the  procedure 
laid down in Article 21.” 

5. 

Article 15(3) shall be replaced by the following: 

“3.  The  Member  States  shall  also  provide  that  fodder  plant  seed  harvested  in  a 

third country shall, on request, be officially certified if: 

(a) 

it has been produced directly from: 

(i) 

basic seed or certified seed officially certified either in one or more 
Member  States  or  in  a  third  country  which  has  been  granted 
equivalence under Article 16 (1) (b), 

or 

(ii) 

the  crossing  of  basic  seed  officially  certified  in  a  Member  State 
with  basic  seed  officially  certified  in  a  third  country  referred  to 
in (i);  

(b) 

it has undergone field inspection satisfying the conditions laid down in an 
equivalence  decision  made  under  Article  16  (1)  (a)  for  the  relevant 
category;  

(c) 

official examination has shown that the conditions laid down in Annex II 
for the same category are satisfied”. 

9 

 
 
  
 
 
 
6. 

In Article 16(1), point b shall be replaced by the following: 

“(b)  fodder  plant  seed  harvested  in  a  third  country  and  affording  the  same 
assurances  as  regards  its  characteristics  and  the  arrangements  for  its 
examination, for ensuring identity, for marking and for control is equivalent in 
these respects to seed harvested within the Community and complying with the 
provisions of this Directive.” 

Article 2 

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

1. 

Article 2(1) is amended as follows: 

(a) 

In (C), point (d) shall be replaced by the following: 

“(d)  which  has  been  found  by  official  examination  or  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a), (b) and (c).” 

(b) 

In (Ca), point (c) shall be replaced by the following: 

“(c)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a) and (b).” 

(c) 

In (D)(1), point (d) shall be replaced by the following: 

“(d)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a), (b) and (c).” 

(d) 

In (D)(2), point (b) shall be replaced by the following: 

“(b)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a).” 

(e) 

In (D)(3), point (c) shall be replaced by the following: 

“(c)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (a) and (b).” 

10 

 
 
  
 
(f) 

In (E), point (d) shall be replaced by the following: 

“(d)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (a), (b) 
and (c).” 

(g) 

In (F), point (d) shall be replaced by the following: 

“(d)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (a), (b) 
and (c).” 

(h) 

In (G), point (d) shall be replaced by the following: 

“(d)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (a), (b) 
and (c).” 

2. 

3. 

In Article 2(2), point (b) shall be deleted. 

Article 2(3) shall be replaced by the following: 

“3.  When  the  examination  under  official  supervision  set  out  in  paragraphs 
(1)(C)(d),  (1)(Ca)(c),  (1)(D)(1)(d),  (1)(D)(2)(b),  (1)(D)(3)(c),  (1)(E)(d), 
(1)F)(d)  and  (1)(G)(d)  is  carried  out,  the  following  requirements  shall  be 
complied with:” 

A. 

FIELD INSPECTION 

(a)  The inspectors shall: 

(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  authority  of  the 
Member  State  concerned  and  this  licensing  shall  include  either  the 
swearing-in  of  inspectors  or  the  signature  by  inspectors  of  a  written 
statement of commitment to the rules governing official examinations; 

(iv)  carry  out  inspections  under  official  supervision  in  accordance  with  the 

rules applicable to official inspections. 

(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. 

(c)  A  proportion  of  the  seed  crops  shall  be  checked  by  official  inspectors.  That 
proportion  shall  be  10%  or,  for  those  species  for  which  Member  States 
provided for official laboratory seed-testing using morphological, physiological 
or,  where  appropriate,  biochemical  procedures  to  identify  the  variety  and 
establish purity, 5%. 

11 

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

(e)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal  of  the  licence  provided  for  in  (a)(iii),  from  officially  licensed 
inspectors who are found guilty of deliberately or negligently contravening the 
rules governing official examinations. The Member States shall ensure that any 
certification  of  the  seed  examined  is  annulled  in  the  event  of  such 
contravention  unless  it  can  be  shown  that  such  seed  still  meets  all  relevant 
requirements. 

B. 

SEED TESTING 

(a)  Seed testing shall be carried out by seed testing laboratories which have been 
authorised for that purpose by the competent seed certification authority of the 
Member State concerned under the conditions set out in (b) to (d). 

(b)  The seed testing laboratory shall have a seed analyst-in-charge who has direct 
responsibility  for  the  technical  operations  of  the  laboratory  and  has  the 
necessary qualifications for technical management of a seed testing laboratory. 

Its  seed  analysts  shall  have  the  necessary  technical  qualifications  obtained  in 
training courses organised under conditions applicable to official seed analysts 
and confirmed by official examinations. 

The  laboratory  shall  be  maintained  in premises and with equipment officially 
considered by the competent seed certification authority to be satisfactory for 
the purpose of seed testing, within the scope of the authorisation. 

It shall carry out seed testing in accordance with current international methods. 

(c)  The seed testing laboratory shall be: 

(i) 

an independent laboratory; 

or 

(ii) 

a laboratory belonging to a seed company. 

In the case referred to in (ii), the laboratory may carry out seed testing only on 
seed lots produced on behalf of the seed company to which it belongs, unless it 
has  been  otherwise  agreed  between  that  seed  company,  the  applicant  for 
certification and the competent seed certification authority. 

(d)  The  seed  testing  laboratory’s  performance  of  seed  testing  shall  be  subject  to 

proper supervision by the competent seed certification authority. 

12 

 
 
  
 
 
 
 
 
 
(e)  For the purposes of the supervision referred to in (d) a proportion of the seed 
lots  entered  for  the  official  certification  shall  be  check-tested  by  official  seed 
testing. That proportion shall in principle be as evenly spread as possible over 
natural  and  legal  persons  entering  seed  for  certification  but  may  also  be 
oriented  to  eliminate  specific  doubts.  That  proportion  shall  be  at  least  5%. 
However  at  least  25  samples  shall  be  officially  tested  per  seed  testing 
laboratory and per botanical group of species. 

(f)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal of the authorisation provided for  in (a),  from  officially  authorised 
seed testing  laboratories which are found guilty of deliberately or negligently 
contravening  the  rules  governing  official  examinations.  The  Member  States 
shall ensure that any certification of the seed examined is annulled in the event 
of  such  contravention  unless  it  can  be  shown  that  such  seed  still  meets  all 
relevant requirements.” 

4. 

5. 

In Article 2(4), the second subparagraph shall be deleted. 

Article 7 is amended as follows: 

(a)  Paragraph 1 shall be replaced by the following: 

“1.  Member  States  shall  require  that,  for  the  checking  of  varieties,  the 
examination of seed for certification and the examination of commercial 
seed,  samples  are  drawn  officially  or  under  official  supervision  in 
accordance  with  appropriate  methods.  However  seed  sampling  with  a 
view to an official post-control shall be carried out officially.” 

(b)  The following paragraphs 1a and 1b shall be inserted: 

“1a.  When  the  seed  sampling  under  official  supervision  provided  for  in 
paragraph (1) is carried out, the following requirements shall be complied 
with: 

(a)  Seed sampling shall be carried out by seed samplers who have been 
authorised  for  that  purpose  by  the  competent  seed  certification 
authority  of  the  Member  State  concerned  under  the  conditions  set 
out in (b), (c), and (d) , 

(b)  Seed  samplers  shall  have  the  necessary  technical  qualifications 
obtained in training courses organised under conditions applicable 
to official seed samplers and confirmed by official examinations. 

They  shall  carry  out  seed  sampling  in  accordance  with  current 
international methods 

13 

 
 
  
 
 
(c)  Seed samplers shall be: 

(i) 

independent natural persons; 

(ii)  persons employed by natural or legal persons whose activities 

do not involve seed production, seed growing or seed trade; 

or 

(iii)  persons employed by natural or legal persons whose activities 
involve  seed  production,  seed  growing,  seed  processing  or 
seed trade. 

In  the  case  referred  to  in  (iii),  a  seed  sampler  may  carry  out  seed 
sampling  only  on  seed  lots  produced  on  behalf  of  his  employer, 
unless  it  has  been  otherwise  agreed  between  his  employer,  the 
applicant  for  certification  and  the  competent  seed  certification 
authority. 

(d)  The  performance  of  the  seed  samplers  shall  be  subject  to  proper 

supervision by the competent seed certification authority. 

(e)  For the purposes of the supervision referred to in (d) a proportion 
of the seed lots entered for the official certification shall be check-
sampled  by  official  seed  samplers.  That  proportion  shall  in 
principle  be  as  evenly  spread  as  possible  over  natural  and  legal 
persons entering seed for certification but may also be oriented to 
eliminate specific doubts. That proportion shall be at least 5%. 

The  Member  States  shall  compare  the  seed  samples  drawn 
officially  with  those  of  the  same  seed  lot  drawn  under  official 
supervision. 

(f)  The Member States shall lay down the rules on penalties applicable 
to infringements of the national provisions adopted pursuant to this 
Directive  governing  examination  under  official  supervision.  The 
penalties  provided  for  must  be  effective,  proportionate  and 
dissuasive.  Penalties  may 
the 
include 
authorisation  provided  for  in  (a),  from  officially  authorised  seed 
samplers  who  are  found  guilty  of  deliberately  or  negligently 
contravening  the  rules  governing  official  examinations.  The 
Member  States  shall  ensure  that  any  certification  of  the  seed 
sampled is annulled in the event of such contravention unless it can 
be shown that such seed still meets all relevant requirements. 

the  withdrawal  of 

1b.  Further  measures  applicable  to  the  carrying  out  of  seed  sampling  under 
official  supervision  may  be  adopted  in  accordance  with  the  procedure 
laid down in Article 21.” 

14 

 
 
  
 
 
 
 
6. 

Article 15(3) shall be replaced by the following 

“3.  The  Member  States  shall  also  provide  that  cereal  seed  harvested  in  a  third 

country shall, on request, be officially certified if: 

(a) 

it has been produced directly from: 

(i) 

(ii) 

basic seed or certified seed of the first generation officially certified 
either  in  one  or  more  Member  States  or  in  a  third  country  which 
has been granted equivalence under Article 16 (1) (b), or  

the  crossing  of  basic  seed  officially  certified  in  a  Member  State 
with  basic  seed  officially  certified  in  a  third  country  referred  to 
in (i);  

(b) 

it has undergone field inspection satisfying the conditions laid down in an 
equivalence  decision  made  under  Article  16  (1)  (a)  for  the  relevant 
category; 

(c) 

official examination has shown that the conditions laid down in Annex II 
for the same category are satisfied.” 

7. 

In Article 16(1), point b shall be replaced by the following: 

“(b)  cereal seed harvested in a third country and affording the same assurances as 
regards  its  characteristics  and  the  arrangements  for  its  examination,  for 
ensuring identity, for marking and for control is equivalent in these respects to 
seed  harvested  within  the  Community  and  complying  with  the  provisions  of 
this Directive.” 

Article 3 

Directive 2002/54/EC is hereby amended as follows: 

1. 

Article 2(1) is amended as follows: 

(a) 

In (c), point (iv) shall be replaced by the following: 

“(iv)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  IB,  either  by  official  examination  or 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (i), (ii) and (iii);”. 

(b) 

In (d), point (iv) shall be replaced by the following: 

“(iv)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (i), (ii) 
and (iii);”.  

15 

 
 
  
 
2. 

Article 2(3) shall be replaced by the following: 

“3.  When 

the  examinations  under  official 

in 
paragraph (1)(c)(iv)  and  (1)(d)(iv)  is  carried  out,  the  following  requirements 
shall be complied with: 

supervision 

referred 

to 

A. 

FIELD INSPECTION 

(a)  The inspectors, shall: 

(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  authority  of  the 
Member  State  concerned  and  this  licensing  shall  include  either  the 
swearing-in  of  inspectors  or  the  signature  by  inspectors  of  a  written 
statement of commitment to the rules governing official examinations; 

(iv)  carry  out  inspections  under  official  supervision  in  accordance  with  the 

rules applicable to official inspections. 

(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. 

(c)  A  proportion  of  the  seed  crops  shall  be  checked  by  official  inspectors.  That 
proportion  shall  be  10%  or,  for  those  species  for  which  Member  States 
provided for official laboratory seed-testing using morphological, physiological 
or,  where  appropriate,  biochemical  procedures  to  identify  the  variety  and 
establish purity, 5%. 

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

(e)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal  of  the  licence  provided  for  in  (a)  (iii),  from  officially  licensed 
inspectors who are found guilty of deliberately or negligently contravening the 
rules governing official examinations. The Member States shall ensure that any 
certification  of  the  seed  examined  is  annulled  in  the  event  of  such 
contravention  unless  it  can  be  shown  that  such  seed  still  meets  all  relevant 
requirements. 

16 

 
 
  
 
B. 

SEED TESTING 

(a)  Seed testing shall be carried out by seed testing laboratories which have been 
authorised for that purpose by the competent seed certification authority of the 
Member State concerned under the conditions set out in (b) to (d). 

(b)  The seed testing laboratory shall have a seed analyst-in-charge who has direct 
responsibility  for  the  technical  operations  of  the  laboratory  and  has  the 
necessary qualifications for technical management of a seed testing laboratory. 

Its  seed  analysts  shall  have  the  necessary  technical  qualifications  obtained  in 
training courses organised under conditions applicable to official seed analysts 
and confirmed by official examinations. 

The  laboratory  shall  be  maintained  in  premises  and  with  equipment  officially 
considered by the competent seed certification authority to be satisfactory for 
the purpose of seed testing, within the scope of the authorisation. 

It shall carry out seed testing in accordance with current international methods. 

(c)  The seed testing laboratory shall be: 

(i) 

an independent laboratory; 

or 

(ii) 

a laboratory belonging to a seed company. 

In the case referred to in (ii), the laboratory may carry out seed testing only on 
seed lots produced on behalf of the seed company to which it belongs, unless it 
the  applicant  for 
that  company, 
has  been  otherwise  agreed  between 
certification and the competent seed certification authority. 

(d)  The  seed  testing  laboratory’s  performance  of  seed  testing  shall  be  subject  to 

proper supervision by the competent seed certification authority. 

(e)  For the purposes of the supervision referred to in (d) a proportion of the seed 
lots  entered  for  the  official  certification  shall  be  check-tested  by  official  seed 
testing. That proportion shall in principle be as evenly spread as possible over 
natural  and  legal  persons  entering  seed  for  certification  but  may  also  be 
oriented  to  eliminate  specific  doubts.  That  proportion  shall  be  at  least  5%. 
However  at  least  25  samples  shall  be  officially  tested  per  seed  testing 
laboratory. 

17 

 
 
  
 
 
 
 
 
 
(f)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal of the authorisation provided for in (a),  from officially authorised 
seed  testing  laboratories  who  are  found  guilty  of  deliberately  or  negligently 
contravening  the  rules  governing  official  examinations.  The  Member  States 
shall ensure that any certification of the seed examined is annulled in the event 
of  such  contravention  unless  it  can  be  shown  that  such  seed  still  meets  all 
relevant requirements.” 

3. 

4. 

In Article 2(4), the second subparagraph shall be deleted. 

Article 9 is amended as follows: 

(a)  Paragraph 1 shall be replaced by the following: 

“1.  Member  States  shall  require  that,  for  the  checking  of  varieties,  the 
examination of seed for certification and the examination of commercial 
seed,  samples  are  drawn  officially  or  under  official  supervision  in 
accordance  with  appropriate  methods.  However  seed  sampling  with  a 
view to an official post-control shall be carried out officially.” 

(b)  The following paragraphs 1a and 1b shall be inserted: 

“1a.  When  the  seed  sampling  under  official  supervision  provided  for  in 
paragraph (1) is carried out, the following requirements shall be complied 
with: 

(a)  Seed sampling shall be carried out by seed samplers who have been 
authorised  for  that  purpose  by  the  competent  seed  certification 
authority  of  the  Member  State  concerned  under  the  conditions  set 
out in (b), (c), and (d), 

(b)  Seed  samplers  shall  have  the  necessary  technical  qualifications 
obtained in training courses organised under conditions applicable 
to official seed samplers and confirmed by official examinations. 

They  shall  carry  out  seed  sampling  in  accordance  with  current 
international methods. 

(c)  Seed samplers shall be: 

(i) 

independent natural persons; 

(ii)  persons employed by natural or legal persons whose activities 

do not involve seed production, seed growing or seed trade; 

or 

(iii)  persons employed by natural or legal persons whose activities 
involve  seed  production,  seed  growing,  seed  processing  or 
seed trade. 

18 

 
 
  
 
 
 
In the case referred to in (iii) , a seed sampler may carry out seed 
sampling  only  on  seed  lots  produced  on  behalf  of  his  employer, 
unless  it  has  been  otherwise  agreed  between  his  employer,  the 
applicant  for  certification  and  the  competent  seed  certification 
authority. 

(d)  The  performance  of  the  seed  samplers  shall  be  subject  to  proper 

supervision by the competent seed certification authority. 

(e)  For the purposes of the supervision referred to in (d) a proportion 
of the seed lots entered for the official certification shall be check-
sampled  by  official  seed  samplers.  That  proportion  shall  in 
principle  be  as  evenly  spread  as  possible  over  natural  and  legal 
persons entering seed for certification but may also be oriented to 
eliminate specific doubts. That proportion shall be at least 5%. 

The  Member  States  shall  compare  the  seed  samples  drawn 
officially  with  those  of  the  same  seed  lot  drawn  under  official 
supervision. 

(f)  The Member State shall lay down the rules on penalties applicable 
to infringements of the national provisions adopted pursuant to this 
Directive  governing  examination  under  official  supervision.  The 
penalties  provided  for  must  be  effective,  proportionate  and 
dissuasive.  Penalties  may 
the 
include 
authorisation  provided  for  in  (a),  from  officially  authorised  seed 
samplers  who  are  found  guilty  of  deliberately  or  negligently 
contravening  the  rules  governing  official  examinations.  The 
Member  States  shall  ensure  that  any  certification  of  the  seed 
sampled is annulled in the event of such contravention unless it can 
be shown that such seed still meets all relevant requirements. 

the  withdrawal  of 

1b.  Further  measures  applicable  to  the  carrying  out  of  seed  sampling  under 
official  supervision  may  be  adopted  in  accordance  with  the  procedure 
laid down in Article 28(2).” 

5. 

Article 22(3) shall be replaced by the following:  

“3.  The  Member  States  shall  also  provide  that  beet  seed  harvested  in  a  third 

country shall, on request, be officially certified if: 

(a) 

(b) 

it 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);  

it has undergone field inspection satisfying the conditions laid down in an 
equivalence  decision  made  under  Article  23  (1)  (a)  for  the  relevant 
category; 

(c) 

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

19 

 
 
  
 
 
 
6. 

In Article 23(1), point b shall be replaced by the following: 

“(b)  beet  seed  harvested  in  a  third  country  and  affording  the  same  assurances  as 
regards  its  characteristics  and  the  arrangements  for  its  examination,  for 
ensuring its identity, for marking and for control is equivalent in these respects 
to seed harvested within the Community and complying with the provisions of 
this Directive.” 

Article 4 

Directive 2002/57/EC is hereby amended as follows: 

1. 

Article 2(1) is amended as follows: 

(a) 

In (c), point (iv) shall be replaced by the following: 

“(iv)  which  has  been  found  by  official  examination  or  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (i), (ii) and (iii).” 

(b) 

In (d)(1), point (ii) shall be replaced by the following: 

“(ii)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (i);” 

(c) 

In (d)(2), point (iii) shall be replaced by the following: 

“(iii)  which  has  been  found  by  official  examination  or,  in  the  case  of  the 
conditions  laid  down  in  Annex  II,  either  by  official  examination  or  by 
examination  carried  out  under  official  supervision  to  satisfy  the 
conditions set out in (i) and (ii);” 

(d) 

In (e), point (iv) shall be replaced by the following: 

“(iv)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (i), (ii) 
and (iii);” 

(e) 

In (f), point (iv) shall be replaced by the following: 

“(iv)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (i), (ii) 
and (iii);” 

(f) 

In (g), point (iv) shall be replaced by the following: 

“(iv)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (i), (ii) 
and (iii);” 

20 

 
 
  
 
(g) 

In (h), point (iv) shall be replaced by the following: 

“(iv)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (i), (ii) 
and (iii);” 

(h) 

In (i), point (iv) shall be replaced by the following: 

“(iv)  which has been found by official examination or by examination carried 
out under official supervision to satisfy the conditions set out in (i), (ii) 
and (iii);” 

(i) 

in (j), point (iii) shall be replaced by the following: 

“(iii)  which has been found by official examination or by examination carried 
out  under  official  supervision  to  satisfy  the  conditions  set  out  in  (i) 
and (ii);” 

2. 

Article 2(3) shall be replaced by the following: 

“3.  When  the  examinations  under  official  supervision  referred  to  in  paragraphs 
(1)(c)(iv), (1)(d)(1)(ii), (1)(d)(2)(iii), (1)(e)(iv), (1)(f)(iv), (1)(g)(iv), (1)(h)(iv), 
(1)(i)(iv)  and  (1)(j)(iii)  is  carried  out,  the  following  requirements  shall  be 
complied with: 

A. 

FIELD INSPECTION 

(a)  The inspectors shall: 

(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  authority  of  the 
Member  State  concerned  and  this  licensing  shall  include  either  the 
swearing-in  of  inspectors  or  the  signature  by  inspectors  of  a  written 
statement of commitment to the rules governing official examinations; 

(iv)  carry  out  inspections  under  official  supervision  in  accordance  with  the 

rules applicable to official inspections. 

(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. 

(c)  A  proportion  of  the  seed  crops  shall  be  checked  by  official  inspectors.  That 
proportion  shall  be  10%  or,  for  those  species  for  which  Member  States 
provided for official laboratory seed-testing using morphological, physiological 
or,  where  appropriate,  biochemical  procedures  to  identify  the  variety  and 
establish purity, 5%. 

21 

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

(e)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal  of  the  licence  provided  for  in  (a)  (iii),  from  officially  licensed 
inspectors who are found guilty of deliberately or negligently contravening the 
rules governing official examinations. The Member States shall ensure that any 
certification  of  the  seed  examined  is  annulled  in  the  event  of  such 
contravention  unless  it  can  be  shown  that  such  seed  still  meets  all  relevant 
requirements. 

B. 

SEED TESTING 

(a)  Seed testing shall be carried out by seed testing laboratories which have been 
authorised for that purpose by the competent seed certification authority of the 
Member State concerned under the conditions set out in (b) to (d). 

(b)  The seed testing laboratory shall have a seed analyst-in-charge who has direct 
responsibility  for  the  technical  operations  of  the  laboratory  and  has  the 
necessary qualifications for technical management of a seed testing laboratory. 

Its  seed  analysts  shall  have  the  necessary  technical  qualifications  obtained  in 
training courses organised under conditions applicable to official seed analysts 
and confirmed by official examinations. 

The  laboratory  shall  be  maintained  in premises and with equipment officially 
considered by the competent seed certification authority to be satisfactory for 
the purpose of seed testing, within the scope of the authorisation. 

It shall carry out seed testing in accordance with current international methods. 

(c)  The seed testing laboratory shall be: 

(i) 

an independent laboratory; 

or 

(ii) 

a laboratory belonging to a seed company. 

In the case referred to in (ii), the laboratory may carry out seed testing only on 
seed lots produced on behalf of the seed company to which it belongs, unless it 
has  been  otherwise  agreed  between 
the  applicant  for 
that  company, 
certification and the competent seed certification authority. 

(d)  The  seed  testing  laboratory’s  performance  of  seed  testing  shall  be  subject  to 

proper supervision by the competent seed certification authority. 

22 

 
 
  
 
 
 
 
 
 
(e)  For the purposes of the supervision referred to in (d) a proportion of the seed 
lots  entered  for  the  official  certification  shall  be  check-tested  by  official  seed 
testing. That proportion shall in principle be as evenly spread as possible over 
natural  and  legal  persons  entering  seed  for  certification  but  may  also  be 
oriented  to  eliminate  specific  doubts.  That  proportion  shall  be  at  least  5%. 
However,  at  least  25  samples  shall  be  officially  tested  per  seed  testing 
laboratory and per botanical group of species. 

(f)  The  Member  State  shall  lay  down  the  rules  on  penalties  applicable  to 
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive 
governing  examination  under  official  supervision.  The  penalties  provided  for 
must  be  effective,  proportionate  and  dissuasive.  Penalties  may  include  the 
withdrawal of the authorisation provided for in (a),  from officially authorised 
seed testing  laboratories which are  found guilty of deliberately or negligently 
contravening  the  rules  governing  official  examinations.  The  Member  States 
shall ensure that any certification of the seed examined is annulled in the event 
of  such  contravention  unless  it  can  be  shown  that  such  seed  still  meets  all 
relevant requirements.” 

3. 

4. 

In Article 2(6), the second subparagraph shall be deleted.  

Article 9 is amended as follows: 

(a)  Paragraph 1 shall be replaced by the following: 

“1.  Member  States  shall  require  that,  for  the  checking  of  varieties,  the 
examination of seed for certification and the examination of commercial 
seed,  samples  are  drawn  officially  or  under  official  supervision  in 
accordance  with  appropriate  methods.  However  seed  sampling  with  a 
view to an official post-control shall be carried out officially.” 

(b)  The following paragraphs 1a and 1b shall be inserted: 

“1a.  When  the  seed  sampling  under  official  supervision  provided  for  in 
paragraph (1) is carried out, the following requirements shall be complied 
with: 

(a)  Seed sampling shall be carried out by seed samplers who have been 
authorised  for  that  purpose  by  the  competent  seed  certification 
authority  of  the  Member  State  concerned  under  the  conditions  set 
out in (b), (c), and (d), 

(b)  Seed  samplers  shall  have  the  necessary  technical  qualifications 
obtained in training courses organised under conditions applicable 
to official seed samplers and confirmed by official examinations. 

They  shall  carry  out  seed  sampling  in  accordance  with  current 
international methods. 

23 

 
 
  
 
 
(c)  Seed samplers shall be: 

(i) 

independent natural persons; 

(ii)  persons employed by natural or legal persons whose activities 

do not involve seed production, seed growing or seed trade; 

or 

(iii)  persons employed by natural or legal persons whose activities 
involve  seed  production,  seed  growing,  seed  processing  or 
seed trade. 

In the case referred to in (iii), a seed sampler may carry out 
seed  sampling  only  on  seed  lots  produced  on  behalf  of  his 
employer,  unless  it  has  been  otherwise  agreed  between  his 
employer,  the  applicant  for  certification  and  the  competent 
seed certification authority. 

(d)  The  performance  of  the  seed  samplers  shall  be  subject  to  proper 

supervision by the competent seed certification authority. 

(e)  For the purposes of the supervision referred to in (d) a proportion 
of the seed lots entered for the official certification shall be check-
sampled  by  official  seed  samplers.  That  proportion  shall  in 
principle  be  as  evenly  spread  as  possible  over  natural  and  legal 
persons entering seed for certification but may also be oriented to 
eliminate specific doubts. That proportion shall be at least 5%. 

The  Member  States  shall  compare  the  seed  samples  drawn 
officially  with  those  of  the  same  seed  lot  drawn  under  official 
supervision. 

(f)  The Member States shall lay down the rules on penalties applicable 
to infringements of the national provisions adopted pursuant to this 
Directive  governing  examination  under  official  supervision.  The 
penalties  provided  for  must  be  effective,  proportionate  and 
dissuasive.  Penalties  may 
the 
include 
authorisation  provided  for  in  (a),  from  officially  authorised  seed 
samplers  who  are  found  guilty  of  deliberately  or  negligently 
contravening  the  rules  governing  official  examinations.  The 
Member  States  shall  ensure  that  any  certification  of  the  seed 
sampled is annulled in the event of such contravention unless it can 
be shown that such seed still meets all relevant requirements. 

the  withdrawal  of 

1b.  Further  measures  applicable  to  the  carrying  out  of  seed  sampling  under 
official  supervision  may  be  adopted  in  accordance  with  the  procedure 
laid down in Article 25(2).” 

24 

 
 
  
 
 
 
 
5. 

Article 19(3) shall be replaced by the following: 

“3.  The Member States shall also provide that seed of oil and fibre plants harvested 

in a third country shall, on request, be officially certified if: 

(a) 

it has been produced directly from: 

(i) 

(ii) 

basic seed or certified seed of the first generation officially certified 
either  in  one  or  more  Member  States  or  in  a  third  country  which 
has been granted equivalence under Article 20 (b), or 

the  crossing  of  basic  seed  officially  certified  in  a  Member  State 
with  basic  seed  officially  certified  in  a  third  country  referred  to 
in (i); 

it has undergone field inspection satisfying the conditions laid down in an 
equivalence decision made under Article 20 (a) for the relevant category; 

official examination has shown that the conditions laid down in Annex II 
for the same category are satisfied.” 

(b) 

(c) 

6. 

In Article 20(1), point b shall be replaced by the following: 

“(b)  seed  of  oil  and  fibre  plants  which  has  been  harvested  in  a  third  country  and 
affords the same assurances as regards its characteristics and the arrangements 
for  its  examination,  for  ensuring  its  identity,  for  marking  and  for  control  is 
equivalent  in  these  respects  to  seed  harvested  within  the  Community  and 
complying with the provisions of this Directive.” 

In  Article  4  of  Decision  98/320/EC  the  date  “31  July  2004”  shall  be  replaced  by 
“31 March 2005”. 

Article 5 

Article 6 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary  to  comply  with  this  Directive  by 31 March 2005 at the  latest. 
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions 
and a correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

25 

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

Article 7 

Article 8 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

26