Commission Directive 2006/47/EC of  23 May 2006  laying down special conditions concerning the presence of  Avena fatua  in cereal seed (Codified version)   (Text with EEA relevance)
Date: 2006-05-23
Institutions: European Commission
Subjects: cereals, codification of EU law, health certificate, marketing, plant health legislation, seed

L 136/18

EN

Official Journal of the European Union

24.5.2006

COMMISSION DIRECTIVE 2006/47/EC

of 23 May 2006
laying down special conditions concerning the presence of Avena fatua in cereal seed

(Codified version)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

for transposition into national law of the Directives set
out in Annex I, Part B,

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS DIRECTIVE:

Having regard to Council Directive 66/402/EEC of 14 June
1966 on the marketing of cereal seed (1), and in particular
Article 11(2) thereof,

Whereas:

Article 1

Member States shall
provided for in Article 11 of Directive 66/402/EEC;

issue on request

the official certificate

Commission Directive 74/268/EEC of 2 May 1974 laying
down special conditions concerning the presence of
Avena fatua in fodder plant and cereal seed (2) has been
substantially amended (3). In the interests of clarity and
rationality the said Directive should be codified.

(a)

if the crop is free of Avena fatua at the time of the field
inspection officially carried out
in conformity with the
provisions of Annex I to that Directive and if a sample of
a least 1 kg, drawn in accordance with the provisions of
Article 7 of that Directive, is free of Avena fatua at the time
of official examination; or

Directive 66/402/EEC has laid down tolerances in respect
of the presence of Avena fatua in cereal seed.

(b) if a sample of at least 3 kg, drawn in accordance with the
is free of Avena

provisions of Article 7 of that Directive,
fatua at the time of official examination.

Those tolerances appear too high with regard to certain
requirements.
66/402/EEC,
Consequently, Directive
provides for an additional marking in the case of seed
complying with special
the
presence of Avena fatua.

concerning

conditions

The special conditions laid down in that connection are
such as to satisfy such requirements while also taking
account of
the production and
control of seed.

the possibilities

for

in this Directive are in
The measures provided for
accordance with
Standing
the
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture, and Forestry.

opinion

the

of

(6)

This Directive should be without prejudice to the obli-
gations of the Member States relating to the time-limits

(1) OJ 125, 11.7.1966, p. 2309. Directive as last amended by Directive

2004/117/EC (OJ L 14, 18.1.2005, p. 18).

(2) OJ L 141, 24.5.1974, p. 19. Directive as amended by Directive

78/511/EEC (OJ L 157, 15.6.1978, p. 34).

(3) See Annex I, Part A.

Article 2

Member States may prescribe that the official certificate is issued
only in one of the two cases provided for in Article 1.

Article 3

Directive 74/268/EEC, as amended by the Directive listed in
Annex I, Part A, is repealed, without prejudice to the obligations
of the Member States relating to the time-limits for transpo-
sition into national law of the Directives set out in Annex I,
Part B.

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

Article 4

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

(1)

(2)

(3)

(4)

(5)

24.5.2006

EN

Official Journal of the European Union

L 136/19

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 23 May 2006.

For the Commission
The President

José Manuel BARROSO

L 136/20

EN

Official Journal of the European Union

24.5.2006

ANNEX I

PART A

Repealed Directive with its amendment

(referred to in Article 3)

Commission Directive 74/268/EEC

(OJ L 141, 24.5.1974, p. 19)

Commission Directive 78/511/EEC

(OJ L 157, 15.6.1978, p. 34)

PART B

List of time-limits for transposition into national law

(referred to in Article 3)

Directive

Time-limit for transposition

74/268/EEC

78/511/EEC

1 July 1974

1 July 1980

ANNEX II

CORRELATION TABLE

Directive 74/268/EEC

This Directive

Article 2(1), introductory wording

Article 1, introductory wording

Article 2(1), first indent

Article 2(1), second indent

Article 3

Article 4

—

—

Article 5

—

Article 1, point (a)

Article 1, point (b)

Article 2

—

Article 3

Article 4

Article 5

Annexes I-II