Proposal for a Council Directive …/…/EC of […] on the marketing of seed potatoes (codified version)
Date: 2009-06-25
Institutions: European Commission
Subjects: agricultural production, drafting of EU law, marketing, plantation, potato, preparation for market, seedling

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.6.2009 
COM(2009) 299 final 

2009/0080 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE …/…/EC 

of […] 

on the marketing of seed potatoes 

 (codified version) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes3. The new 
Directive  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex IV, Part A of this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of  Directive  2002/56/EC  and  the  instruments  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex V to the codified Directive. 

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(cid:208) 2002/56/EC 

2009/0080 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE …./.../EC 

of […] 

on the marketing of seed potatoes (codified version) 

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 Commission, 

Having regard to the opinion of the European Parliament5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Whereas: 

(1) 

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes7 has 
been substantially amended several times8. In the interests of clarity and rationality the 
said Directive should be codified. 

(cid:208) 

(cid:208) 2002/56/EC 

(2) 

Potato production occupies an important place in the agriculture of the Community. 

(3) 

(4) 

Satisfactory  results  in  potato  cultivation  depend  to  a  large  extent  on  the  use  of 
appropriate seed potatoes. 

Greater  productivity  will  be  achieved  in  Community  potato  cultivation  if  for  the 
choice  of  the  varieties  permitted  to  be  marketed  the  Member  States  apply  uniform 
rules which are as strict as possible, in particular as regards health status. A common 

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6 
7 
8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 193, 20.7.2002, p. 60. 
See Annex IV, part A. 

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(5) 

(6) 

catalogue of varieties of agricultural plant species is therefore provided for in Council 
Directive 2002/53/EC9. 

It is desirable to provide for a uniform certification scheme for the Community based 
on the experience gained in the application of schemes in the Member States and that 
of  the  United  Nations  Economic  Commission  for  Europe.  In  the  context  of  the 
consolidation  of  the  Internal  Market,  the  Community  scheme  should  cover  the 
production of seed with a view to marketing and to marketing within the Community, 
and  should  offer  no  possibilities  for  the  Member  States  to  derogate  unilaterally  in  a 
way that would hinder the free movement of plants within the Community. 

As a general rule, seed potatoes should be allowed to be marketed only if they have 
been officially examined and certified, in accordance with the rules for certification, as 
basic seed potatoes or certified seed potatoes. The choice of the technical terms ‘basic 
seed potatoes’ and ‘certified seed potatoes’ is based on already existing international 
terminology. It should be possible, under specified conditions, to place on the market 
bred  seed  potato  of  generations  prior  to  the  basic  seed  potato  and  seed  potato  as 
grown. 

(7)  Member  States  may  subdivide  the  categories  of  seed  potatoes  into  grades  satisfying 
different  requirements.  It  seems  appropriate  to  provide  that  Community  grades  and 
their  requirements  may  be  established  in  an  accelerated  procedure.  In  this  respect  it 
should be left to Member States to decide the extent to which they apply these grades 
to their own production. 

(8) 

(9) 

(10) 

In  the  light  of  modern  advances  in  propagation  techniques,  it  is  appropriate  to  lay 
down a Community procedure for the establishment of specific rules applicable to the 
marketing of seed potatoes produced by techniques involving micropropagation. 

Community rules should not apply to seed potatoes shown to be intended for export to 
third countries. 

In order to improve not only the genetic value and health status of Community seed 
potatoes but also their external characteristics, provision should be made for tolerances 
in respect of impurities, blemishes and diseases in seed potatoes. 

(11)  Member States may be authorised, in respect of the marketing of seed potatoes in all 
or  part  of  their  territories,  to  take  more  stringent  measures  than  provided  for  in 
Annex I against particular virus diseases which do not exist in those regions or which 
appear particularly harmful to crops in those regions. It has appeared that the scope of 
that provision should be extended to harmful organisms other than virus diseases. 

(12) 

In  order  to  ensure  the  identity  of  the  seed  potatoes,  Community  rules  on  packaging, 
sealing  and  marking  must  be  established.  To  this  end  the  labels  should  give  the 
particulars needed both for official verification and for the information of the user and 
should clearly show the Community nature of the certification. 

(13)  Rules should be introduced on the marketing of chemically treated seed potatoes, seed 
potatoes suitable for organic growing and on the conservation of genetic resources of 

9 

OJ L 193, 20.7.2002, p. 1. 

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plants in the interest of conservation by use in situ of varieties threatened with genetic 
erosion. 

(14)  Derogations  should  be  permitted  under  certain  conditions,  without  prejudice  to  the 
provisions of Article 14 of the Treaty. Member States making use of the derogations 
should assist each other administratively as regards inspection. 

(15) 

In order to ensure that both the requirements as to the quality of the seed potatoes and 
the provisions for ensuring their identity are complied with during marketing, Member 
States must make provision for appropriate control arrangements. 

(16)  Seed potatoes satisfying these requirements should, without prejudice to Article 30 of 
the  Treaty,  be  subject  to  no  marketing  restrictions  other  than  those  provided  for  in 
Community rules, except in those cases where Community rules provide for tolerances 
in respect of diseases, harmful organisms or their vectors. 

(17)  Provision should be made for authorising the marketing within the Community of seed 
potatoes  harvested  in  third  countries  only  if  they  afford  the  same  assurances  as  seed 
potatoes  officially  certified  within  the  Community  and  complying  with  Community 
rules. 

(18)  During  periods  in  which  there  are  difficulties  in  obtaining  supplies  of  certified  seed 
potatoes of the various categories, seed potatoes satisfying less stringent requirements 
should temporarily be permitted to be marketed, as well as seed potatoes belonging to 
varieties  not  included  in  the  common  catalogue  of  varieties  nor  in  the  national 
catalogue of varieties. 

(cid:208) 2002/56/EC and 2003/61/EC 
Recital 3 (adapted) 

(19) 

In  order  to  ensure  that  seed  potatoes  certified  in  the  Member  States  satisfy  the 
requirements laid down and to enable comparisons to be made in the future between 
such  seed  potatoes  and  those  coming  from  third  countries,  Community  comparative 
tests  ⌦ and  trials, whether  mandatory  or  discretionary ⌫  should  be  established  in 
Member States to permit annual post-control of the various categories of certified seed 
potatoes. The Member States should be authorised to prohibit the marketing of all or 
certain varieties of seed potatoes coming from other Member States if the comparative 
tests ⌦ and trials ⌫ have given unsatisfactory results over a period of several years. 

(20)  ⌦ Comparative ⌫  tests  and  trials  should  cover  in  particular  seed  and  propagating 
material  harvested  in  third  countries,  seed  and  propagating  material  suitable  for 
organic  farming  and  seed  and  propagating  material  marketed  in  relation  to  the 
conservation in situ and the sustainable use of plant genetic resources. 

(cid:208) 2003/61/EC Recital 4 (adapted) 

(21) 

It is desirable to organise temporary experiments for the purpose of seeking improved 
alternatives to certain provisions set out in this Directive. 

(cid:208) 2002/56/EC Recital 20 

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(22)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission10. 

(cid:208) 2002/56/EC Recital 21 

(23)  This  Directive  should  be  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 IV, part B, 

(cid:208) 

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 2002/56/EC 

Article 1 

This Directive shall apply to the production with a view to marketing, and to the marketing of 
seed potatoes within the Community. 

It shall not apply to seed potatoes shown to be intended for export to third countries. 

Article 2 

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

(a) 

‘marketing’:  means  the  sale,  holding  with  a  view  to  sale,  offer  for  sale  and  any 
disposal,  supply  or  transfer  aimed  at  commercial  exploitation  of  seed  potatoes  to 
third parties, whether or not for consideration. 

Trade in seed potatoes not aimed at commercial exploitation of the variety, such as 
the following operations, shall not be regarded as marketing: 

– 

– 

the supply of seed potatoes to official testing and inspection bodies, 

the  supply  of  seed  potatoes  to  providers  of  services  for  processing  or 
packaging, provided that the provider of services does not acquire title to seed 
potatoes thus supplied. 

The supply of seed potatoes under certain conditions to providers of services for the 
production  of  certain  agricultural  raw  materials  intended  for  industrial  purposes,  or 
seed propagation for that purpose, shall not be regarded as marketing, provided the 
provider  of  services  does  not  acquire  title  to  either  the  seed  thus  supplied  or  the 
product  of  the  harvest.  The  supplier  of  seed  potatoes  shall  provide  the  certification 
authority with a copy of the relevant parts of the contract made with the provider of 

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OJ L 184, 17.7.1999, p. 23. 

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services and this shall include the standards and conditions currently met by the seed 
potatoes provided. 

The conditions for the application of this provision shall be determined in accordance 
with the procedure referred to in Article 25(2); 

(b) 

‘basic seed potatoes’: means potato tubers 

(i)  which have been produced according to accepted practices for the maintenance 

of the variety and of health; 

(ii)  which are intended mainly for the production of certified seed potatoes; 

(iii)  which satisfy the minimum conditions laid down in Annexes I and II for basic 

seed potatoes; and 

(iv)  which  have  been  found  by  official  examination  to  satisfy  the  minimum 

conditions laid down in points (i), (ii) and (iii); 

(c) 

‘certified seed potatoes’: means potato tubers 

(i)  which have been produced directly from basic seed or certified seed, or from 
seed  of  a  generation  prior  to  basic  seed  which  have  been  found  on  official 
examination to satisfy the conditions laid down for basic seed; 

(ii)  which  are  intended  mainly  for  the  production  of  potatoes  other  than  seed 

potatoes; 

(iii)  which  satisfy  the  minimum  conditions  laid  down  in  Annexes  I  and  II  for 

certified seed potatoes; and 

(iv)  which  have  been  found  by  official  examination  to  satisfy  the  minimum 

conditions laid down in points (i), (ii) and (iii); 

(d) 

‘official measures’: means measures taken 

(i) 

by State authorities; or 

(ii)  by any legal person whether governed by public or by private law, acting under 
the responsibility of the State provided that such legal person derives no private 
gain from such measures; or 

(iii) 

in the case of ancillary activities which are also subject to State control, by any 
natural person duly sworn for that purpose, provided that such person derives 
no private gain from such measures. 

Article 3 

1.  Member  States  shall  provide  that  seed  potatoes  may  not  be  placed  on  the  market  unless 
they  have  been  officially  certified  as  ‘basic  seed  potatoes’  or  ‘certified  seed  potatoes’  and 
unless  they  satisfy  the  minimum  conditions  laid  down  in  Annexes  I  and  II.  The  Member 
States shall provide that seed potatoes which do not, during marketing, satisfy the minimum 

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conditions laid down in Annex II may be sorted. The tubers which are not rejected shall then 
undergo a further official examination. 

2. Member States may subdivide the categories of seed potatoes provided for in Article 2 into 
grades satisfying different requirements. 

3. For seed potatoes which have been officially certified, the following may be determined in 
accordance with the procedure referred to in Article 25(2): 

– 

– 

– 

Community grades, 

the conditions applicable to such grades, 

designations applicable to such grades. 

Member  States  may  prescribe  the  extent  to  which  they  apply  those  Community  grades  in 
certifying their own production. 

4.  For  seed  potatoes  produced  by  micropropagation  techniques  and  not  meeting  the  size 
requirements  of  this  Directive,  the  following  may  be  determined  in  accordance  with  the 
procedure referred to in Article 25(2): 

– 

– 

– 

derogation from specific provisions of this Directive, 

the conditions applicable to such seed potatoes, 

the designations applicable to such seed potatoes. 

Article 4 

Notwithstanding  Article  3(1),  Member  States  shall  provide  that  bred  seed  potatoes  of 
generations prior to basic seed potatoes may be placed on the market. 

Article 5 

Member  States  may,  as  regards  the  minimum  conditions  laid  down  in  Annexes  I  and  II, 
impose  additional  or  more  stringent  requirements  for  the  certification  of  seed  potatoes 
produced in their own territory. 

Article 6 

1.  Notwithstanding  Article  3(1),  Member  States  may  authorise  producers  in  their  own 
territory to place on the market: 

(a) 

(b) 

small quantities of seed potatoes for scientific purposes or selection work; 

appropriate quantities of seed potatoes for other test or trial purposes, provided they 
belong  to  varieties  for  which  an  application  for  entry  in  the  catalogue  has  been 
submitted in the Member State in question. 

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In  the  case  of  genetically  modified  material,  such  authorisation  may  be  granted  only  if  all 
appropriate  measures  have  been  taken  to  avoid  adverse  effects  on  human  health  and  the 
environment.  For  the  environmental  risk  assessment  to  be  carried  out  in  this  respect,  the 
provisions of Article 7(4) of Directive 2002/53/EC shall apply ⌦ mutatis mutandis ⌫. 

(cid:208) 2002/56/EC (adapted) 

(cid:208) 2002/56/EC 

2. The purposes for which the authorisations referred to in paragraph 1 (b) may be given, the 
provisions  relating  to  the  marking  of  packages,  and  the  quantities  and  the  conditions  under 
which  Member  States  may  grant  such  authorisation  shall  be  determined  in  accordance  with 
the procedure referred to in Article 25(2). 

3. Authorisation granted, before 14 December 1998, by Member States to producers in their 
own  territory  for  the  purposes  set  out  in  paragraph  1  shall  remain  in  force  pending 
determination of the provisions referred to in paragraph 2. Thereafter, all such authorisations 
shall respect the provisions established in accordance with paragraph 2. 

Member States shall require that, for the examination of seed potato tubers for certification, 
samples are taken officially in accordance with appropriate methods. 

Article 7 

Article 8 

1.  Member  States  may  require  that  seed  potatoes  produced  in  their  own  territory  may  be 
separated during production from other potatoes for plant health reasons. 

2. The requirements provided for in paragraph 1 may include measures to: 

– 

– 

separate the production of seed and other potatoes, 

separate the grading, storage, transportation and handling of seed and other potatoes. 

Member States shall provide that seed potatoes may not be placed on the market if they have 
been treated with sprout inhibitors. 

Article 9 

Article 10 

1.  Member  States  shall  provide  that  seed  potatoes  may  not  be  placed  on  the  market  unless 
they have a minimum size such that they do not pass through a square mesh of 25 × 25 mm. 
In the case of tubers which are too large to pass through a square mesh of 35 × 35 mm, the 
upper and lower size limits shall be expressed in multiples of five. 

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The  maximum  variation  in  size  between  tubers  in  a  lot  shall  be  such  that  the  difference 
between the dimensions of the two square meshes used does not exceed 25 mm. These sizing 
standards may be modified in accordance with the procedure referred to in Article 25(2). 

2. A lot shall not contain more than 3% by weight of tubers smaller than the minimum size 
indicated or more than 3% by weight of tubers larger than the maximum size indicated. 

3. Member States may, in respect of seed potatoes produced in their national territory, further 
reduce the permitted variation in size between tubers in a lot. 

Article 11 

1.  Member  States  shall  require  that  basic  seed  potatoes  and  certified  seed  potatoes  be 
marketed only in sufficiently homogeneous lots and in closed packages or containers which 
must be sealed and bear, as prescribed in Articles 12 and 13, a sealing device and markings. 
The packages must be new and the containers must be clean. 

2. Member States may, for the marketing of small quantities to the final consumer, provide for 
derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking. 

Article 12 

1.  Member  States  shall  require  that  packages  and  containers  of  basic  seed  potatoes  and 
certified potatoes be sealed officially or under official supervision in such a manner that they 
cannot be opened without damaging the system of sealing or leaving evidence of tampering 
on either the official label provided for in Article 13(1) or the package. 

In order to ensure closure, the sealing system shall comprise at least either the official label or 
the affixing of an official seal. 

The measures provided  for in  the  second subparagraph shall  not be  necessary where a  non-
reusable sealing system is used. 

In accordance with the procedure referred to in Article 25(2) it may be established whether a 
particular sealing system complies with the provisions of this paragraph. 

2. Packages and containers  which have been officially sealed shall not be resealed,  whether 
one or more times, except officially or under official supervision. If packages are resealed, the 
fact of resealing, the most recent date of resealing and the authority responsible therefor shall 
be stated on the label required under Article 13(1). 

3.  Member  States  may  provide  for  exceptions  to  paragraph  1  in  the  case  of  small  packages 
sealed  in  their  own  territory.  Conditions  relating  to  those  exceptions  may  be  determined  in 
accordance with the procedure referred to in Article 25(2). 

1.  Member  States  shall  require  that  packages  and  containers  of  basic  seed  potatoes  and 
certified  seed  potatoes  be  labelled  on  the  outside  with  an  official  label  which  has  not 

Article 13 

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previously been used, which fulfils the conditions laid down in Annex III and the particulars 
of which are provided in one of the official languages of the Community. The colour of the 
label shall be white for basic seed potatoes and blue for certified seed potatoes. When a label 
with a string-hole is used, its attachment shall be ensured in all cases with an official seal. 

The use of official adhesive labels shall be authorised. 

In  accordance  with  the  procedure  referred  to  in  Article  25(2),  the  indelible  printing  of  the 
prescribed particulars on the package in accordance with the label model may be authorised 
under official supervision. 

2.  Member  States  shall  require  that  packages  and  containers  of  basic  seed  potatoes  and 
certified seed potatoes contain an official document, in the same colour as the label, providing 
at least the label particulars required under Annex III(A)(3), (4) and (6). This document shall 
be drawn up in such a manner that it cannot be confused with the official label referred to in 
paragraph 1. 

This document shall not be necessary if the particulars are printed indelibly on the package or 
if,  in  accordance  with  paragraph  1,  an  adhesive  label  or  a  label  of  tear  resistant  material  is 
used. 

3.  Member  States  may  provide  for  exceptions  to  paragraphs  1  and  2  in  the  case  of  small 
packages  sealed  in  their  own  territory.  Conditions  relating  to  these  exceptions  may  be 
determined in accordance with the procedure referred to in Article 25(2). 

Article 14 

In accordance with the procedure referred to in Article 25(2), it may be provided that, in cases 
other than those provided for in this Directive, packages or containers of basic seed potatoes 
or  certified  seed  potatoes  shall  bear  a  supplier's  label  (which  may  either  be  a  label  separate 
from the official label or take the form of the supplier’s information printed on the package or 
container itself). The particulars to be provided on any such label shall also be established in 
accordance with the procedure referred to in Article 25(2). 

Article 15 

In  the  case  of  seed  potatoes  of  a  variety  which  has  been  genetically  modified,  any  label  or 
document,  official  or  otherwise,  which  is  affixed  to  or  accompanies  the  seed  lot,  under  the 
provisions  of  this  Directive,  shall  clearly  indicate  that  the  variety  has  been  genetically 
modified. 

Article 16 

Member  States  shall  require  that  any  chemical  treatment  of  basic  seed  potatoes  or  certified 
seed potatoes be noted either on the official label or on the supplier's label and on the package 
or inside it or on the container. 

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Article 17 

(cid:208) 2002/56/EC (adapted) 

1.  Member  States  shall  ensure  that  seed  potatoes  which  are  placed  on  the  market  under  the 
provisions  of  this  Directive,  whether  mandatory  or  discretionary,  are  not  subject  to  any 
marketing restrictions as regards their characteristics, examination requirements, marking and 
sealing other than those laid down in this or any other ⌦ Community ⌫ Directive. 

(cid:208) 2002/56/EC 

2.  The  Commission,  acting  in  accordance  with  the  procedure  referred  to  in  Article 25(2), 
shall, in respect of the marketing of seed potatoes in all or part of the territory of one or more 
Member States, authorise more stringent measures than those provided for in Annexes I and II 
to  be  taken  against  harmful  organisms  which  do  not  exist  in  those  regions  or  which  appear 
particularly  harmful  to  crops  in  those  regions.  Where  there  is  imminent  danger  of  the 
introduction or spread of such harmful organisms, and until such time as the Commission has 
given  a  final  ruling  on  the  matter,  such  measures  may  be  taken  by  the  Member  State 
concerned as soon as its request has been submitted. 

Article 18 

The  conditions  under  which  bred  seed  potatoes  of  generations  prior  to  basic  seed  potatoes 
may be placed on the market under Article 4, shall be as follows: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

they  must  have  been  produced  in  accordance  with  accepted  practices  for  the 
maintenance of the variety and of health; 

they must be intended mainly for the production of basic seed potatoes; 

they must satisfy the minimum conditions to be established by the procedure referred 
to in Article 25(2) for pre-basic seed potatoes; 

they  must  have  been  found  by  official  examination  to  satisfy  the  minimum 
conditions referred to in point (c); 

they must be placed in packages or containers in accordance with this Directive; and 

the  packages  or  containers  must  bear  an  official  label,  which  shall  be  white  with  a 
diagonal violet line, giving at least the following particulars: 

– 

– 

– 

– 

certification authority and Member State or their distinguishing abbreviation, 

producer's identification number or lot reference number, 

month and year of sealing, 

species, indicated at least in roman characters, under its botanical name, which 
may  be  given  in  abridged  form  and  without  the  authors'  names,  or  under  its 
common name, or both, 

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– 

– 

variety, indicated at least in roman characters, 

the description ‘pre-basic seed potatoes’. 

Article 19 

For  the  purpose  of  seeking  improved  alternatives  to  certain  provisions  set  out  in  this 
Directive, other than those relating to plant health, it may be decided to organise temporary 
experiments under specified conditions at Community level in accordance with the provisions 
referred to in Article 25(2). 

In  the  framework  of  such  experiments,  Member  States  may  be  released  from  certain 
obligations  laid  down  in  this  Directive.  The  extent  of  that  release  shall  be  defined  with 
reference to the provisions to which it applies. The duration of an experiment shall not exceed 
seven years. 

(cid:208) 2003/61/EC Art. 1(9) 

Article 20 

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

– 

– 

– 

seed potatoes harvested in third countries, 

seed potatoes suitable for organic farming, 

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

2. The comparative tests and trials provided for in paragraph 1 shall be used to harmonise the 
technical methods of certification and to check satisfaction of the conditions with which the 
seed must comply. 

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

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

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

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5.  The  comparative  tests  and  trials  which  may  benefit  from  a  Community  financial 
contribution,  and  detailed  rules  for  the  provision  of  the  financial  contribution,  shall  be 
established in accordance with the procedure referred to in Article 25(2). 

6. The comparative tests and trials foreseen in paragraphs 1 and 2 may be performed only by 
State authorities or legal persons acting under the responsibility of the State. 

7.  In  accordance  with  the  procedure  referred  to  in  Article  25(2),  the  Commission  may 
prohibit, in whole or in part, the marketing of seed potatoes harvested in a particular area of 
the Community if the progeny of officially drawn samples of basic seed potatoes or certified 
seed  potatoes  harvested  in  that  particular  area  and  grown  in  one  or  more  Community 
comparative  tests  and  trials  has  for  three  successive  years  fallen  appreciably  below  the 
minimum conditions laid down in Annex I(1)(c), (2)(c), (3) and (4). 

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

(cid:208) 2002/56/EC (adapted) 
(cid:206)1 2008/973/EC Art. 1 

Article 21 

1.  The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,  shall 
determine  whether  seed  potatoes  harvested  in  a  third  country  and  affording  the  same 
assurances  as  regards  their  characteristics  and  the  arrangements  for  their  inspection,  for 
ensuring  identity,  for  marking  and  for  control  are  equivalent  in  these  respects  to  basic  seed 
potatoes or certified seed potatoes harvested within the Community and complying with the 
provisions of this Directive. 

2. Until such time as the Council has taken a decision under paragraph 1, the Member States 
shall be free to take such decisions themselves. This right shall expire on 1 July 1975. 

3. Member States are hereby authorised to extend until (cid:206)1 31 March 2011  the validity of 
decisions taken in accordance with paragraph 2, it being understood that these decisions may 
be used only in accordance with Member States' obligations under the common rules on plant 
health laid down by Council Directive 2000/29/EC11. 

The period in the first subparagraph may be extended for third countries, in accordance with 
the  procedure  referred  to  in  Article  25(2),  if  the  available  information  does  not  permit  a 
determination  according  to  paragraph  1  of  this  Article  and  for  as  long  as  such  information 
does not permit such a determination. 

4. Paragraphs 1 and 2 shall also apply in respect of any new Member State from the date of its 
accession to the date on which it is to bring into force the laws, regulations or administrative 
provisions necessary to comply with this Directive. 

11 

OJ L 169, 10.7.2000, p. 1. 

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(cid:208) 2002/56/EC 

Article 22 

1. In order to remove any temporary difficulties in the general supply of basic seed potatoes 
or certified seed potatoes that occur in the Community and cannot be otherwise overcome, it 
may  be  decided  in  accordance  with  the  procedure  referred  to  in  Article  25(2)  that  Member 
States  shall  permit,  for  a  specified  period,  the  marketing  throughout  the  Community  in 
quantities necessary to resolve the supply difficulties of seed potatoes of a category subject to 
less  stringent  requirements,  or  of  seed  potatoes  of  varieties  not  included  in  the  common 
catalogue of varieties of agricultural plant species or in the national catalogues of varieties of 
the Member States. 

2. For a category of seed potatoes of any given variety, the official label shall be that provided 
for the corresponding  category; for  seed  potatoes of varieties not included in the catalogues 
referred  to  in  paragraph  1  the  colour  of  the  official  label  shall  be  brown.  The  label  shall 
always  state  that  the  seed  potatoes  in  question  are  of  a  category  satisfying  less  stringent 
requirements. 

3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure 
referred to in Article 25(2). 

Article 23 

1.  Member  States  shall  ensure  that  official  inspections  are  carried  out  in  relation  to  the 
marketing  of  seed  potatoes,  at  least  by  random  checks,  to  verify  compliance  with  the 
requirements and conditions of this Directive. 

2. Without prejudice to the free movement of seed potatoes within the Community, Member 
States  shall  take  all  necessary  measures  to  ensure  that  they  are  supplied  with  the  following 
particulars  during  the  marketing  of  quantities  exceeding  two  kilograms  of  seed  potatoes 
imported from third countries: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

species; 

variety; 

category; 

country of production and control authority; 

country of dispatch; 

importer; 

quantity of seed potatoes. 

The manner  in  which those particulars must  be presented may be determined in  accordance 
with the procedure referred to in Article 25(2). 

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Article 24 

Amendments  to  be  made  to  the  content  of  the  Annexes  in  the  light  of  the  development  of 
scientific  or  technical  knowledge  shall  be  adopted  according  to  the  procedure  referred  to  in 
Article 25(2). 

Article 25 

1.  The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Seeds  and  Propagating 
Material  for  Agriculture,  Horticulture  and  Forestry,  set  up  by  Article  1  of  Council 
Decision 66/399/EEC12. 

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall 
apply. 

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. 

Article 26 

Save as otherwise provided in Annexes I and II in respect of tolerances for diseases, harmful 
organisms  or  their  vectors,  this  Directive  shall  be  without  prejudice  to  the  provisions  of 
national laws justified on grounds of the protection of health and life of humans, animals or 
plants or the protection of industrial and commercial property. 

Article 27 

1.  Specific  conditions  may  be  established  in  accordance  with  the  procedure  referred  to  in 
Article 25(2) to take account of developments in the areas of: 

(a) 

(b) 

conditions under which chemically treated seed may be marketed; 

conditions under which seed may be marketed in relation to the conservation in situ 
and the sustainable use of plant genetic resources, which are associated with specific 
natural and semi-natural habitats and are threatened by genetic erosion; 

(c) 

conditions under which seed suitable for organic production may be marketed. 

2.  The  specific  conditions  referred  to  in  paragraph  1(b)  shall  include  in  particular  the 
following points: 

(a) 

the seed of these species shall be of a known provenance approved by the appropriate 
authority in each Member State for marketing the seed in defined areas; 

(b) 

appropriate quantitative restrictions. 

12 

OJ 125, 11.7.1966, p. 2289/66. 

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Article 28 

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

The Commission shall inform the other Member States thereof. 

Article 29 

(cid:208) 

Directive  2002/56/EC,  as  amended  by  the  Acts  listed  in  Part  A  of  Annex  IV,  is  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 Part B of Annex IV to the repealed 
Directive and in Part B of Annex IV to this Directive. 

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 V. 

(cid:208) 2002/56/EC 

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

Article 30 

Article 31 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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(cid:208) 2002/56/EC 

ANNEX I 

MINIMUM CONDITIONS TO BE SATISFIED BY SEED POTATOES 

1. 

Basic seed potatoes shall satisfy the following conditions: 

(a) 

(b) 

on  official  inspection  of  the  growing  plants  the  number  affected  by  blackleg 
must not exceed 2%; 

in the direct progeny the number of plants not breeding true to the variety must 
not  exceed  0,25%  and  the  number  of  plants  of  a  different  variety  must  not 
exceed 0,1%; 

(c) 

in the direct progeny the number of plants showing symptoms of mild or severe 
virus infection must not exceed 4%. 

2. 

Certified seed potatoes shall satisfy the following conditions: 

(a) 

(b) 

(c) 

on  official  inspection  of  the  growing  plants  the  number  affected  by  blackleg 
must not exceed 4%; 

in the direct progeny the number of plants not breeding true to the variety must 
not  exceed  0,5%  and  the  number  of  plants  of  a  different  variety  must  not 
exceed 0,2%; 

in the direct progeny the number of plants showing symptoms of severe virus 
infection  must  not  exceed  10%.  Light  mosaics  merely  causing  discoloration 
and not leaf deformation shall be ignored. 

In  assessing  the  progeny  of  a  variety  affected  by  a  chronic  virus  disease,  slight 
symptoms caused by the virus in question shall not be taken into account. 

The tolerances allowed in points 1(c), 2(c) and 3 are applicable only where the virus 
diseases are caused by viruses that are prevalent in Europe. 

The production ground must not be infected by Heterodera rostochiensis Woll.. 

The crop must be free from: 

(a) 

Synchytrium endobioticum (Schilb.) Perc.; 

(b)  Corynebacterium sepedonicum (Spieck. et Kotth.) Skapt. et Burkh.. 

_____________________ 

3. 

4. 

5. 

6. 

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ANNEX II 

MINIMUM QUALITY CONDITIONS FOR LOTS OF SEED POTATOES 

A. 

Tolerances  for  the  following  impurities,  blemishes  and  diseases  allowed  for  seed 
potatoes: 

1. 

2. 

3. 

4. 

presence of earth and extraneous matter; 

dry  and  wet  rot,  except  if  caused  by  Synchytrium 
endobioticum, 
or 
Pseudomonas solanacearum; 

Corynebacterium 

sepedonicum 

2% by weight 

1% by weight 

external blemishes e.g. misshapen or damaged tubers; 

3% by weight 

common scab: tubers affected over more than one-third of 
their surface. 

5% by weight 

Total tolerance for points 2 to 4. 

6% by weight 

B. 

The  seed  potatoes  shall  be  free  from  Heterodera  rostochiensis,  Synchytrium 
endobioticum, Corynebacterium sepedonicum and Pseudomonas solanacearum. 

_____________________ 

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ANNEX III 

LABEL 

A. 

REQUIRED INFORMATION 

1. 

2. 

3. 

‘EC rules and standards’ 

Certification authority and Member State or their initials 

Producer's identification number or reference number of lot 

4.  Month and year of sealing 

5.  Variety, indicated at least in roman characters 

6. 

7. 

8. 

Country of production 

Category and, if desirable, grade 

Size 

9.  Declared net weight 

B. 

MINIMUM DIMENSIONS 

110 mm × 67 mm 

_____________________ 

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(cid:207) 

ANNEX IV 

Part A 

Repealed Directive with list of its successive amendments  
(referred to in Article 29) 

Council Directive 2002/56/EC  
(OJ L 193, 20.7.2002, p. 60) 

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

Council Directive 2003/61/EC 
(OJ L 165, 3.7.2003, p. 23) 

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

Commission Decision 2008/973/EC 
(OJ L 345, 23.12.2008, p. 90) 

Article 1(9) only 

Part B 

List of time-limits for transposition into national law  
(referred to in Article 29) 

Directive 

Time-limit for transposition 

2002/56/EC 

2003/61/EC 

__ 

10 October 2003 

_____________________ 

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ANNEX V 

CORRELATION TABLE 

Directive 2002/56/EC 

This Directive 

Article 1 

Article 1 

Article 2(a), first subparagraph 

Article 2(a), first subparagraph 

Article 2(a), second subparagraph, first and 
second indents and last wording 

Article 2(a), second subparagraph, first and 
second indents  

Article 2(a), third and fourth subparagraphs  Article 2(a), third and fourth subparagraphs 

Article 2(b) and (c) 

Article 2(b) and (c) 

Article 2(d)(i)(ii) and (iii)  

Article 2(d)(i),(ii) and (iii) 

Article 2(d)(iii) last wording  

Article 2(d)(ii) and (iii) 

Articles 3 to 12 

Articles 3 to 12 

Article 13(1), introductory phrase and 
point (a), first sentence 

Article 13(1), first subparagraph, first sentence 

Article 13(1)(a), second and third sentences  Article 13(1), first subparagraph, second and 

third sentences 

Article 13(1)(a), fourth sentence 

Article 13(1), second subparagraph 

Article 13(1)(a), fifth sentence 

Article 13(1), third subparagraph 

Article 13(1)(b), first and second sentences  Article 13(2), first subparagraph 

Article 13(1)(b), third sentence 

Article 13(2), second subparagraph 

Article 13(2) 

Articles 14 to 17 

Article 13(3)  

Articles 14 to 17 

Article 18(a) to (e) 

Article 18(a) to (e) 

Article 18(f), introductory wording and last 
sentence 

Article 18(f) introductory wording 

Article 18(f), first to sixth indents 

Article 18(f), first to sixth indents 

Articles 19 to 24 

Articles 19 to 24 

Article 25(1) and (2) 

Article 25(1) and (2) 

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Article 25(3) 

__ 

Articles 26, 27 and 28 

Articles 26, 27 and 28 

Article 29, first paragraph 

__ 

__ 

Article 29, first paragraph 

Article 29, second paragraph 

Article 29, second paragraph 

Articles 30 and 31  

Articles 30 and 31 

Annexes I, II and III 

Annexes I, II and III 

Annex IV 

__ 

Annex V 

__ 

__ 

Annex IV 

__ 

Annex V 

_____________________ 

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