Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as basic seed or certified seed (Codified version) (Text with EEA relevance)
Date: 2008-12-18
Institutions: European Commission
Subjects: fodder plant, marketing, oleaginous plant, seed, textile plant

19.12.2008

EN

Official Journal of the European Union

L 340/73

COMMISSION DIRECTIVE 2008/124/EC

of 18 December 2008

limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed
which has been officially certified as ‘basic seed’ or ‘certified seed’

(Codified version)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 66/401/EEC of 14 June
seed (1), and in
1966 on the marketing of
particular Article 3(3) thereof,

fodder plant

(6)

(7)

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

This Directive should be without prejudice to the obli­
gations of the Member States relating to the time limits
for transposition into national law of the Directives set
out in Annex I, Part B,

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (2), and
in particular Article 3(3) thereof,

HAS ADOPTED THIS DIRECTIVE:

Whereas:

(1)

(2)

(3)

(4)

(5)

has

been

Commission Directive 86/109/EEC of 27 February 1986
limiting the marketing of seed of certain species of
fodder plants and oil and fibre plants to seed which
has been officially certified as ‘basic seed’ or ‘certified
seed’ (3)
several
substantially
times (4). In the interests of clarity and rationality the
said Directive
together with
be
Commission Directive 75/502/EEC of 25 July 1975
limiting the marketing of seed of smooth-stalk meadow
grass (Poa pratensis L.) to seed which has been officially
certified as ‘basic seed’ or ‘certified seed’ (5), by assembling
them in a single text.

amended

codified,

should

Directive 66/401/EEC allows the marketing of basic seed,
certified seed and commercial seed of certain species of
fodder plants.

Directive 2002/57/EC allows the marketing of basic seed,
certified seed of all kinds and commercial seed of certain
species of oil and fibre plants.

Both Directives authorise the Commission to prohibit the
marketing of seed unless it has been officially certified as
‘basic seed’ or ‘certified seed’.

Member States are in a position to produce sufficient
basic seed and certified seed to satisfy within the
Community the demand for
the
species referred to above with seed of those categories.

some of

seed of

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 193, 20.7.2002, p. 74.
(3) OJ L 93, 8.4.1986, p. 21.
(4) See Annex I, Part A.
(5) OJ L 228, 29.8.1975, p. 26.

Article 1

1. Member States shall provide that it shall not be permitted
to place on the market seed of:

— Poa pratensis L.

— Vicia faba L. (partim)
— Papaver somniferum L.
— Agrostis gigantea Roth
— Agrostis stolonifera L.
— Phleum bertolonii DC
— Poa palustris L.
— Poa trivialis L.

— Lupinus albus L.
— Brassica juncea (L.) Czernj.

et Cosson

— Agrostis capillaris L.
— Lotus corniculatus L.
— Medicago lupulina L.
— Trifolium hybridum L.
— Alopecurus pratensis L.
— Arrhenatherum elatius (L.)

Beauv. ex J. S. et K. B. Presl

— Bromus catharticus Vahl
— Bromus sitchensis Trin.
— Lupinus luteus L.

smooth-stalk
meadowgrass

field bean

opium poppy

redtop

creeping bent grass

timothy

swamp meadowgrass

rough-stalked
meadowgrass

white lupin

brown mustard

brown top

birdsfoot trefoil

black medick

alsike clover

meadow foxtail

tall oatgrass

rescu grass

Alaska brome-grass

yellow lupin

L 340/74

EN

Official Journal of the European Union

19.12.2008

— Lupinus angustifolius L.
— Poa nemoralis L.
— Trisetum flavescens (L.) Beauv.
— Phacelia tanacetifolia Benth.
— Sinapis alba L.
— Agrostis canina L.
— Festuca ovina L.
— Trifolium alexandrinum L.
— Trifolium incarnatum L.
— Trifolium resupinatum L.
— Vicia sativa L.
— Vicia villosa Roth

blue lupin

wood meadowgrass

golden oatgrass

California bluebell

white mustard

velvet bent
sheep’s fescue

Egyptian clover

crimson clover

Persian clover

common vetch

hairy vetch

unless it has been officially certified as ‘basic seed’,
seed, first generation’ or ‘certified seed, second generation’.

‘certified

Article 2

Directive 75/502/EEC and Directive 86/109/EEC, as amended
by the Directives listed in Annex I, Part A, are repealed, without
prejudice to the obligations of the Member States relating to the
time limits for transposition into national law of the Directives
set out in Annex I, Part B.

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

Article 3

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

unless it has been officially certified as ‘basic seed’ or ‘certified
seed’.

This Directive is addressed to the Member States.

Article 4

2. Member States shall provide that it shall not be permitted
to place on the market seed of:

Done at Brussels, 18 December 2008.

— Glycine max (L.) Merr.
— Linum usitatissimum L.

soya bean

linseed

For the Commission
The President

José Manuel BARROSO

19.12.2008

EN

Official Journal of the European Union

L 340/75

ANNEX I

PART A

Repealed Directives with list of the successive amendments

(referred to in Article 2)

Commission Directive 75/502/EEC

(OJ L 228, 29.8.1975, p. 26)

Commission Directive 86/109/EEC

(OJ L 93, 8.4.1986, p. 21)

Commission Directive 89/424/EEC

(OJ L 196, 12.7.1989, p. 50)

Commission Directive 91/376/EEC

(OJ L 203, 26.7.1991, p. 108)

PART B

List of time limits for transposition into national law

(referred to in Article 2)

Directive

Time limit for transposition

1 July 1976

1 July 1987 (Article 1)

1 July 1989 (Article 2)

1 July 1990 (Article 2a)

1 July 1991 (Articles 3 and 3a)

1 July 1990

1 July 1991

ANNEX II

Correlation table

75/502/EEC

86/109/EEC

89/424/EEC

91/376/EEC

Directive 75/502/EEC

Directive 86/109/EEC

This Directive

Article 1

Article 2

—

—

Article 3

—

—

Article 1(1)

Article 1(2)

Article 2

Article 2a

Article 3

Article 3a(1)

Article 3a(2) to (6)

Article 4

—

—

Article 5

—

—

Article 1(1)

Article 1(2)

Article 1(1)

Article 1(1)

Article 1(1)

Article 1(1)

—

—

Article 2

Article 3

Article 4

Annex I

Annex II