Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (Text with EEA relevance)
Date: 2008-06-20
Institutions: European Commission
Subjects: conservation of resources, crop production, marketing, plant resources, potato, protection of plant life, seed

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COMMISSION DIRECTIVE 2008/62/EC

of 20 June 2008

providing for certain derogations for acceptance of agricultural landraces and varieties which are
naturally adapted to the local and regional conditions and threatened by genetic erosion and for
marketing of seed and seed potatoes of those landraces and varieties

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (6), and
in particular Article 27(1)(b) thereof,

Having regard to the Treaty
Community,

establishing the European

Whereas:

Having regard to Council Directive 66/401/EEC of 14 June
seed (1), and in
1966 on the marketing of
particular Article 22a(1)(b) thereof,

fodder plant

(1)

Having regard to Council Directive 66/402/EEC of 14 June
1966 on the marketing of cereal seed (2), and in particular
Article 22a(1)(b) thereof,

Having regard to Council Directive 2002/53/EC of 13 June
2002 on the common catalogue of varieties of agricultural
plant species (3), and in particular Article 4(6), Article 20(2)
and Article 21 thereof,

Having regard to Council Directive 2002/54/EC of 13 June
2002 on the marketing of beet seed (4), and in particular
Article 30(1)(b) thereof,

(2)

Having regard to Council Directive 2002/56/EC of 13 June
2002 on the marketing of seed potatoes (5), and in particular
Article 10(1) and Article 27(1)(b) thereof,

(1) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by
Commission Directive 2007/72/EC (OJ L 329, 14.12.2007, p. 37).
(2) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by
Commission Directive 2006/55/EC (OJ L 159, 13.6.2006, p. 13).
(3) OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
(OJ L 268, 18.10.2003, p. 1).

(4) OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive

2004/117/EC (OJ L 14, 18.1.2005, p. 18).
(5) OJ L 193, 20.7.2002, p. 60. Directive as

last amended by
Commission Decision 2005/908/EC (OJ L 329, 16.12.2005, p. 37).

Decision

2004/869/EC

conclusion of

The questions of biodiversity and the conservation of
plant genetic resources have grown in importance in
recent years, as shown by different developments at inter-
national and Community level. Examples include Council
Decision 93/626/EEC of 25 October 1993 concerning
the Convention on Biological
the
Diversity (7),
of
Council
24 February 2004 concerning the
conclusion, on
behalf of the European Community, of the International
Treaty on Plant Genetic Resources for Food and Agri-
culture (8), Council Regulation (EC) No 870/2004 of
24 April 2004 establishing a Community programme
on the conservation, characterisation, collection and util-
isation of genetic resources in agriculture and repealing
Regulation (EC) No 1467/94 (9) and Council Regulation
(EC) No 1698/2005 of 20 September 2005 on support
for rural development by the European Agricultural Fund
for Rural Development (EAFRD) (10). Specific conditions
should be established under the Community legislation
governing the marketing of seed of agricultural plants,
66/402/EEC,
namely
2002/53/EC,
and
2002/57/EC, in order to take account of these issues.

2002/54/EC,

66/401/EEC,

2002/56/EC

Directives

to ensure

in situ conservation and the
In order
sustainable use of plant genetic resources, landraces and
varieties which are naturally adapted to local and regional
conditions and threatened by genetic erosion (conser-
vation varieties) should be grown and marketed even
where they do not comply with the general requirements
as regards the acceptance of varieties and the marketing
of seed and seed potatoes.
In order to achieve that
objective it is necessary to provide for derogations as
regards
for
inclusion in the national catalogues of varieties of agri-
cultural plant species as well as for the production and
marketing of seed and seed potatoes of those varieties.

the acceptance of conservation varieties,

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

2004/117/EC.

(7) OJ L 309, 13.12.1993, p. 1.
(8) OJ L 378, 23.12.2004, p. 1.
(9) OJ L 162, 30.4.2004, p. 18.
(10) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

(3)

(4)

(5)

(6)

(7)

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Official Journal of the European Union

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(8)

should concern the

substantive
Those derogations
requirements for the acceptance of a variety and the
procedural requirements provided for in Commission
Directive 2003/90/EC of 6 October 2003 setting out
implementing measures for the purposes of Article 7
of Council Directive 2002/53/EC as regards the charac-
teristics to be covered as a minimum by the examination
and the minimum conditions
for examining certain
varieties of agricultural plant species (1).

Maximum quantities should be fixed for the marketing of
each conservation variety within one species and a total
quantity for all conservation varieties within one species
together. To make
are
respected, Member States should require producers to
notify the quantities of
they
intend to produce and should allocate the quantities to
producers.

conservation varieties

these quantities

sure

that

their own provisions as

in particular, be authorised to
Member States should,
regards distinctness,
adopt
stability and uniformity. These provisions should, as
regards distinctness and stability, at least be based on
the characteristics listed in the technical questionnaire
to be completed by the applicant in connection with
the application for the variety acceptance as referred to
in Annexes I and II to Directive 2003/90/EC. Where
uniformity is established on the basis of off-types, the
provisions should be based on defined standards.

The procedural requirements should be provided for
under which a variety may be accepted without official
examination. Furthermore, as regards the denomination,
it is necessary to provide for certain derogations from the
requirements laid down in Directive 2002/53/EC and
Commission Regulation (EC) No 930/2000 of 4 May
2000 establishing implementing rules as to the suitability
of the denominations of varieties of agricultural plant
species and vegetable species (2).

(9)

The traceability of seed and seed potatoes should be
ensured through appropriate
and labelling
requirements.

sealing

(10)

To ensure that the rules provided for in this Directive are
correctly applied, seed crops should be monitored, seed
should be tested and official post control carried out.
Amounts of seed of conservation varieties placed on
the market should be reported by the suppliers to the
Member States and by the Member States
to the
Commission.

(11) After three years the Commission should assess whether
the measures provided for in this Directive, in particular
the provisions concerning quantitative restrictions, are
effective.

(12)

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

As regards the production and marketing of seed and
seed potatoes of conservation varieties, a derogation
from official certification should be provided for.

HAS ADOPTED THIS DIRECTIVE:

resources,

in particular

To ensure that the marketing of seed and seed potatoes
of conservation varieties takes place in the context of the
restrictions
conservation of plant genetic
should be provided for,
regarding the
region of origin. In order to contribute to the conser-
vation in situ and to the sustainable use of
those
varieties, Member States should have the possibility to
approve additional regions where seed exceeding the
quantities necessary to ensure the conservation of the
region of origin may be
variety concerned in its
regions are
marketed provided that
comparable
semi-natural
regards
the link with the region of
habitats. To ensure that
should not apply where a
this
origin is preserved,
Member State has
regions of
approved additional
production.

those additional

natural

and

as

(1) OJ L 254, 8.10.2003, p. 7. Directive as last amended by Directive

2007/48/EC (OJ L 195, 27.7.2007, p. 29).

(2) OJ L 108, 5.5.2000, p. 3. Regulation as last amended by Regulation

(EC) No 920/2007 (OJ L 201, 2.8.2007, p. 3).

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

1.
As regards the agricultural species covered by Directives
66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/56/EC and
2002/57/EC, this Directive lays down certain derogations in
relation to the conservation in situ and the sustainable use of
plant genetic resources through growing and marketing:

(a)

for acceptance for inclusion in the national catalogues of
varieties of agricultural plant species, as provided for in
Directive 2002/53/EC, of landraces and varieties which are
naturally adapted to the local and regional conditions and
threatened by genetic erosion;

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(b) for

the marketing of seed and seed potatoes of such

landraces and varieties.

By way of derogation from Article 1(2) of Directive
2.
2003/90/EC, Member States may adopt their own provisions
as regards distinctness, stability and uniformity of conservation
varieties.

Unless otherwise provided in this Directive, Directives
2002/54/EC,

2.
66/401/EEC,
2002/56/EC and 2002/57/EC shall apply.

2002/53/EC,

66/402/EEC,

In such cases Member States shall ensure that for distinctness
and stability at least the characteristics shall apply which are
referred to in:

Article 2

Definitions

(a)

For the purposes of this Directive the following definitions shall
apply:

technical questionnaires

the
test
protocols of the Community Plant Variety Office (CPVO)
listed in Annex I to Directive 2003/90/EC, which applies
to those species, or

associated with the

(a)

‘conservation in situ’ means the conservation of genetic
material
in the case of
cultivated plant species, in the farmed environment where
they have developed their distinctive properties;

in its natural surroundings and,

(b) the technical questionnaires of the guidelines of the Inter-
national Union for the Protection of New Varieties of Plants
(UPOV) listed in Annex II to Directive 2003/90/EC, which
applies to those species.

(b) ‘genetic erosion’ means loss of genetic diversity between and
within populations or varieties of the same species over
time, or reduction of the genetic basis of a species due to
human intervention or environmental change;

For the assessment of uniformity, Directive 2003/90/EC shall
apply.

(c)

‘landrace’ means a set of populations or clones of a plant
species which are naturally adapted to the environmental
conditions of their region;

However, if the uniformity level is established on the basis of
off-types, a population standard of 10 % and an acceptance
probability of at least 90 % shall be applied.

(d) ‘seed’ means seed and seed potatoes, unless seed potatoes

are expressly excluded.

Article 5

Procedural requirements

CHAPTER II

ACCEPTANCE OF CONSERVATION VARIETIES

Article 3

Conservation variety

Member States may accept in the national catalogues of varieties
of agricultural plant species the landraces and varieties referred
to in Article 1(1)(a) subject to the requirements provided for in
Articles 4 and 5. Such landraces or varieties shall be referred to
in the common catalogue of varieties of agricultural plant
species as ‘conservation varieties’.

Article 4

Substantive requirements

By way of derogation from the first sentence of Article 7(1) of
Directive 2002/53/EC, no official examination shall be required
if the following information is sufficient for the decision on the
acceptance of the conservation varieties:

(a)

the description of
denomination;

the

conservation variety

and its

(b) the results of unofficial tests;

(c) knowledge gained from practical experience during culti-
vation, reproduction and use, as notified by the applicant
to the Member State concerned;

1.
In order to be accepted as a conservation variety, a
landrace or variety referred to in Article 1(1)(a) shall present
an interest for the conservation of plant genetic resources.

(d) other information,

in particular from the plant genetic
resource authorities or from organisations recognised for
this purpose by the Member States.

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Article 6

Exclusion of acceptance

Article 9

Maintenance

A conservation variety shall not be accepted for inclusion in the
national catalogues of varieties if:

Member States shall ensure that a conservation variety must be
maintained in its region of origin.

(a)

it is already listed in the common catalogue of varieties of
agricultural plant species as a variety other than a conser-
vation variety, or it was deleted from the common catalogue
within the last two years, or within the last two years from
the expiry of the period granted under Article 15(2) of
Directive 2002/53/EC, or

CHAPTER III

SEED PRODUCTION AND MARKETING

Article 10

Certification

(b) it

is protected by a Community plant variety right as
provided for in Council Regulation (EC) No 2100/94 (1),
or by a national plant variety right, or an application for
such a right is pending.

Article 7

Denomination

1. With respect to denominations of conservation varieties
which were known before 25 May 2000, Member States may
permit derogations from Regulation (EC) No 930/2000, except
where such derogations would violate prior rights of a third
party which is protected under Article 2 of that Regulation.

2.
Notwithstanding Article 9(2) of Directive 2002/53/EC,
Member States may accept more than one name for a variety
if the names concerned are historically known.

Article 8

Region of origin

1. When a Member State accepts a conservation variety, it
identify the region or regions in which the variety has
shall
historically been grown and to which it is naturally adapted,
hereinafter ‘region of origin’. It shall take into account infor-
mation from plant genetic resource authorities or from organ-
isations recognised for that purpose by the Member States.

By way of derogation from the certification requirements
1.
provided for
in Article 3(1) of Directive 66/401/EEC,
Article 3(1) of Directive 66/402/EEC, Article 3(1) of Directive
2002/54/EC, Article 3(1) of Directive 2002/56/EC and
Article 3(1) of Directive 2002/57/EC, Member States may
provide that seed of a conservation variety may be placed on
the market if it complies with paragraphs 2, 3 and 4 of this
Article.

The seed shall descend from seed produced according to

2.
well defined practices for maintenance of the variety.

Directives

3.
The seed, except seed of Oryza sativa, shall comply with
the requirements for certification of certified seed provided for
2002/54/EC,
in
2002/56/EC and 2002/57/EC, with the exception of
the
requirements in respect of minimum varietal purity and the
requirements concerning official examination or examination
under official supervision.

66/401/EEC,

66/402/EEC,

Seed of Oryza sativa shall comply with the requirements for
certification of ‘certified seed, second generation’ provided for
in Directive 66/402/EEC, with the exception of the requirements
in respect of minimum varietal purity and the requirements
concerning official examination or examination under official
supervision.

The seed shall have sufficient varietal purity.

Where the region of origin is located in more than one Member
States, it shall be identified by all Member States concerned by
common accord.

4.
As regards seed potatoes, Member States may provide that
Article 10 of Directive 2002/56/EC concerning the size shall
not apply.

The Member State or Member States performing the iden-
the region of origin shall notify the identified

2.
tification of
region to the Commission.

Article 11

Region of seed production

(1) OJ L 227, 1.9.1994, p. 1.

1. Member States shall ensure that seed of a conservation
variety may only be produced in the region of origin.

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If the conditions for certification provided for in Article 10(3)
cannot be fulfilled in that region, due to a specific environmen-
tal problem, Member States may approve additional regions for
seed production taking into account information from plant
genetic resource authorities or from organisations recognised
for
seed
this purpose by the Member States. However,
produced in those additional regions may be used exclusively
in the regions of origin.

Article 13

Marketing conditions

1. Member States shall ensure that seed of a conservation
following
variety may only be marketed subject
conditions:

to the

2. Member States shall notify to the Commission and to the
other Member States the additional regions which they intend
to approve for seed production pursuant to paragraph 1.

(b) marketing takes place in its region of origin.

(a)

it has been produced in its region of origin or in a region
referred to in Article 11;

The Commission and the other Member States may, within 20
working days from receipt of those notifications, request the
matter to be referred to the Standing Committee on Seeds
for Agriculture, Horticulture and
and Propagating Material
taken in accordance with
Forestry. A decision shall be
Article 22a(1)(b) of Directive 66/401/EEC, Article 22a(1)(b) of
Directive 66/402/EEC, Article 4(6), Article 20(2) and Article 21
of Directive 2002/53/EC, Article 30(1)(b)
of Directive
2002/54/EC, Article 10(1) and Article 27(1)(b) of Directive
2002/56/EC and Article 27(1)(b) of Directive 2002/57/EC, as
appropriate,to lay down, if necessary, restrictions or conditions
for the designation of such regions.

If neither the Commission nor other Member States make a
request under the second subparagraph, the Member State in
question may
seed
production as notified.

additional

approve

regions

the

for

Article 12

Seed testing

1. Member States shall ensure that tests are carried out to
check that seed of conservation varieties complies with the
certification requirements provided for in Article 10(3).

Such tests shall be carried out in accordance with current inter-
national methods, or, where such methods do not exist,
in
accordance with any appropriate methods.

2.
By way of derogation from paragraph 1(b), a Member
State may approve additional regions in its own territory for
the marketing of seed of a conservation variety provided that
those regions are comparable to the region of origin as regards
the natural and semi-natural habitats of that variety.

Where Member States approve such additional regions, they
shall ensure that
the
the quantity of seed referred to in
production of at
Article 14 is reserved to conserve the variety in its region of
origin.

the amount of
least

seed necessary for

The Member States shall inform the Commission and the other
Member States of the approval of such additional regions.

3. Where a Member State approves additional regions for
seed production in accordance with Article 11,
it shall not
use the derogation provided for in paragraph 2 of this Article.

Article 14

Quantitative restrictions

Each Member State shall ensure that,
for each conservation
variety, the quantity of seed marketed does not exceed 0,5 %
of the seed of the same species used in that Member State in
one growing season, or a quantity necessary to sow 100 ha,
whichever is the greater quantity. For the species Pisum sativum,
Triticum spp., Hordeum vulgare, Zea mays, Solanum tuberosum,
Brassica napus and Helianthus annuus, that percentage shall not
exceed 0,3 %, or a quantity necessary to sow 100 ha, whichever
is the greater quantity.

2.
For the tests referred to in paragraph 1, Member States
shall ensure that samples are drawn from homogeneous lots.
They shall ensure that the rules on lot weight and sample
weight provided for in Article 7(2) of Directive 66/401/EEC,
Article 7(2) of Directive 66/402/EEC, Article 9(2) of Directive
2002/54/EC and Article 9(2) of Directive 2002/57/EC are
applied.

However, the total quantity of seed of conservation varieties
marketed in each Member State shall not exceed 10 % of the
seed of the species concerned used yearly in the Member State.
In cases where this leads to a quantity lower than necessary to
sow 100 ha, the maximum amount of seed of the species
concerned used yearly in the Member State may be increased
so that to reach the quantity necessary to sow 100 ha.

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Article 15

(d) the species;

Application of quantitative restrictions

1. Member States shall ensure that producers notify them
before the beginning of each production season of the size
and the location of the area for the seed production.

If, based on the notifications referred to in paragraph 1,
2.
the quantities laid down in Article 14 are likely to be exceeded,
Member States shall allocate to each producer concerned the
quantity it may market in the respective production season.

Article 16

Monitoring of seed crops

Member States shall ensure by official monitoring that the seed
crops of a conservation variety comply with the provisions of
this Directive, paying particular attention to the variety,
locations of the seed production and quantities.

Article 17

Sealing of packages and containers

1. Member States shall ensure that seed of conservation
varieties may be marketed only in closed packages or containers
bearing a sealing device.

in such a manner

Seed packages and containers shall be sealed by the
2.
supplier
they cannot be opened
that
without damaging the sealing system or leaving evidence of
tampering on the supplier’s
label, or on the package or
container.

In order to ensure sealing in accordance with paragraph 2,
the label or the

3.
the sealing system shall comprise at
affixing of a seal.

least

Article 18

Labelling

(e)

the denomination of the conservation variety;

(f)

the words ‘conservation variety’;

(g) the region of origin;

(h) where the region of seed production is different from the
the region of seed
the indication of

region of origin,
production;

(i)

the reference number of
responsible for affixing the labels;

the lot given by the person

(j)

the declared net or gross weight, or, except for seed potato,
declared number of seeds;

(k) where weight

is

indicated and granulated pesticides,
pelleting substances or other solid additives are used, the
nature of
treatment or additive and the
approximate ratio between the weight of clusters of pure
seeds and the total weight, except for seed potatoes.

the chemical

Article 19

Official post control

The Member States shall ensure that seed is subject to official
post control by random inspections to verify its varietal identity
and varietal purity.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 20

Reporting

Member States shall ensure that packages or containers of seed
of conservation varieties bear a supplier’s label or a printed or
stamped notice including the following information:

The Member States shall ensure that suppliers operating in their
territory report for each production season the amount of seed
of each conservation variety placed on the market.

(a)

the words ‘EC rules and standards’;

The Member States shall report on request to the Commission
and to the other Member States the amount of seed of each
conservation variety placed on the market in their territory.

(b) the name and address of the person responsible for affixing

the labels or his identification mark;

Article 21

(c)

the year of sealing expressed as: ‘sealed…’ (year), or, except
for seed potatoes, the year of the last sampling for the
purposes of the last testing of germination expressed as:
‘sampled…’ (year);

Notification of

the recognised organisations of plant

genetic resources

Member States shall notify to the Commission the recognised
organisations referred to in Articles 5(d), 8(1) and 11(1).

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Article 22

Evaluation

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.

By 31 December 2011 the Commission shall evaluate the
implementation of Articles 4, 13(2), 14 and 15.

Article 24

Entry into force

Article 23

Transposition

This Directive shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

1. Member States shall bring into force, by 30 June 2009 at
the latest, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

Article 25

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 20 June 2008.

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.

For the Commission

Androulla VASSILIOU
Member of the Commission