CELEX: 51995PC0628(01)
Language: en
Date: 1995-12-11
Title: Proposal for a COUNCIL DIRECTIVE on the marketing of vegetable seed (consolidated version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                  Brussels, 11.12.1995
                                  COM(95) 628 final
                                  95/0320 (CNS)
                                  95/0321 (CNS)
                                  95/0322 (CNS)
                        Proposal for a
                   COUNCIL DIRECTIVE
             on the marketing of vegetable seed
                    (consolidated version)
                        Proposal for a
                   COUNCIL DIRECTIVE
               on the marketing of cereal seed
                    (consolidated version)
                        Proposal for a
                   COUNCIL DIRECTIVE
on the common catalogue of varieties of agricultural plant species
                    (consolidated version)
               (presented by the Commission)
 ---pagebreak---  ---pagebreak---           Proposal for a
     COUNCIL DIRECTIVE
on the marketing of vegetable seed
      (consolidated version)
                       A
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1.  When considering how Community law could be made simpler and more transparent,
    Parliament, the Commission and the Council found themselves confronted with an
    over-abundance of legislative instruments which had been amended several times,
    often substantially, and unanimously agreed on the need for a working method which
    would use legislative consolidation as a means of achieving greater clarity and
    transparency.
2.  On 1 April 1987 the Commission therefore decided to instruct its staff that all legis-
    lative measures should be consolidated after no more than ten amendments, stressing
    that this was a minimum requirement and that departments should endeavour to con-
    solidate at even shorter intervals the texts for which they were responsible, to ensure
    that the Community rules were clear and readily understandable.
3.  The conclusions of the Presidency of the Edinburgh European Council reaffirmed
    these points, stressing that "official codification is important because it provides legal
    security as to the law which is applicable at a certain moment concerning a specific
    issue." To ensure not only the quality and the legal security of the texts consolidated,
    it was also suggested that "a jointly acceptable accelerated working method should be
    sought allowing codified Community law (replacing existing legislation without
    changing its substance) to be adopted in a speedy and efficient way".
4.  The proposed consolidated version of Council Directive 70/458/EEC of 29 September
    1970 on the marketing of vegetable seed forms part of a much larger programme of
    consolidation of the provisions on seeds and propagating material for agriculture,
    horticulture and forestry. It has been drafted in accordance with the fundamental
    principles agreed by Council, Parliament and the Commission in 1974; it aims at
    legislative consolidation: the existing Directives would be replaced by one new one,
    which would leave their substance untouched but would assemble them into a single
    text, with only the formal amendments required by the operation itself ^). This codi-
    fied text will serve as the basis for future legislative developments in this field.
5.  Certain provisions of Directive 70/458/EEC refer to "EEC packaging" and "EEC stan-
    dards".
    The Treaty on European Union replaced the expression "European Economic Com-
    munity" by "European Community" in the Treaty; the same should now be done in
    the above provisions.
    This may be regarded as a purely formal amendment, but the Member States must
    none the less transpose it into national legislation if firms are to use labels referring
    to the EC rather than the EEC. Moreover, there could be a financial impact for these
    firms if they were required to begin using the new labels forthwith.
    For these reasons, and since consolidating directives do not need to be transposed, the
    original provisions being presumed to have been transposed within the time allowed,
    it would not appear possible to incorporate this amendment in the consolidation pro-
    posal as a purely formal adjustment.
    The Commission will accordingly present a separate proposal for the amendment of
    Directive 70/458/EEC replacing "EEC" by "EC".
    This amendment and those already proposed to the Council will, following adoption, be
    incorporated in the consolidation proposal which should then be before the Council.
6.  This consolidation proposal was drawn up on the basis of a preliminary consolidation,
    in all the official languages, of Directive 70/458/EEC and the instruments amending it,
    carried out by the Office for Official Publications of the European Communities, by
    means of a data-processing system referred to in the conclusions of the European
     Council meeting at Edinburgh. Although the articles have been given new numbers,
    the former number is printed alongside in each case for the reader's convenience; the
     correlation between the old and new numbers is shown in a table contained in Annex
     VII to the consolidated Directive.
   (J) Annex VL part A of this proposal.
                                                  I
 ---pagebreak---                                             Proposal for a
                                   COUNCIL DIRECTIVE .../-TEC
                                                  of
                                  on the marketing of vegetable seed       C\>\O'?>XJC> ( C K O
     THE COUNCIL OF THE EUROPEAN UNION,
     Having regard to the Treaty establishing the European
     Community, and in particular Article 43 thereof,
     Having regard to the proposal from the Commission,
     Having regard to the Opinion of the European Parlia-
     ment I1),
     Having regard to the Opinion of the Economic and So-
     cial Committee (2),
1)   Whereas Council Directive 79/458/EEC of 29 September
     1970 on the marketing of vegetable seed (3) has been
     frequently and substantially amended; whereas for rea-
     sons of clarity and rationality the said Directive should
     be consolidated;
2)   Whereas the production of vegetable seed occupies an               70/458/EEC
     important place in the agriculture of the Community;
3)   Whereas satisfactory results in vegetable cultivation de-
     pend to a large extent on the use of appropriate seed;
     whereas, to this end, certain Member States have for
     some time restricted the marketing of seed of certain
     species of vegetable to controlled seed of specified var-
     ieties; whereas other States have introduced optional
     controls in respect of the quality of this seed;
4)   Whereas, in so far as they undertake these seed controls,       3.
     Member States have been able to take advantage of the
     systematic plant selection work carried out over several
     decades which has resulted in the development of dis-
     tinct, stable and sufficiently uniform varieties which, by
     reason of their characteristics, promise to be of great
     value for the purposes in view,
5)   Whereas greater productivity will be achieved in Com-           4.
     munity vegetable cultivation if for the choice of varieties
     accepted for certification, checking and marketing the
     Member States apply uniform rules which are as strict as
     possible;
 (1)   OJ NoC
 (2)   OJ NoC
 (3)   OJNoL225,12.10.1970, p. 7; as last amended by the Art of Ac-
       cession AT, FI, SE.
 ---pagebreak---  6)  Whereas a common catalogue of varieties of vegetable           (adapted)
     species can be compiled only on the basis of national
     catalogues;
 7)  Whereas all the Member States should therefore compile
     one or more national catalogues of the varieties ac-
     cepted for certification, checking and marketing in their
     territory;
 8)  Whereas these catalogues must be drawn up in accord-
     ance with uniform rules so that the varieties accepted
    will be distinct, stable and sufficiently uniform;
 9) Whereas, in order to carry out the examinations for the
     acceptance of a variety, a large number of uniform cri-
    teria and rninimum requirements must be laid down;
10) Whereas, on the other hand, provisions relating to the
    length of time during which acceptance of a variety is to
     remain valid, the grounds on which acceptance may be
    revoked and the practices for maintenance of the variety
    must be standardised; whereas Member States should in-
    form one another of the acceptance and withdrawal of
    varieties;
11) Whereas special rules should be made as regards those           73/438/EEC
    varieties which, it has been established, cannot be grown       (adapted)
    in any part of the territory of a Member State;
12) Whereas seed of varieties listed in the common cata-        10. 70/458/EEC
    logue of varieties should not be subject within the Com-
    munity to any marketing restrictions relating to variety,
13) Whereas the Commission should publish in the Official       11.
    Journal of the European Communities the varieties ac-
    cepted in the common catalogue;
14) Whereas, furthermore, Member States should be given         12.
    the right to raise objections to a variety where such ob-
    jections are on plant health grounds;
15) Whereas provision should be made for measures recog-        13.
    nising the equivalence of examinations and controls of
    varieties carried out in third countries;
16) Whereas it is, however, justifiable to restrict marketing   14.
    to certain varieties only if the farmer can be sure of
    actually obtaining seed of those varieties;
17) Whereas a scheme should be established applicable to        15.
    marketing both in other Member States and on domestic
    markets;
18) Whereas, as a general rule, vegetable seed should be al-    16.
    lowed to be marketed only if it has been officially exam-
    ined and certified, in accordance with the rules for certi-
    fication, as basis seed or certified seed;
 ---pagebreak--- 19) Whereas it is necessary to provide that bred seed of gen-       72/418/EEC
    erations prior to basic seed, which may be admitted for         (adapted)
    marketing in the different Member States, shall corre-
    spond to the requirements laid down by this Directive;
20) Whereas, for certain species of vegetable, it would be      17. 70/458/EEC
    desirable to restrict marketing to certified seed; whereas,
    however, it is at present impossible to attain this objec-
    tive since Community requirements could not then be
    completely covered; whereas the marketing of checked
    standard seed which must also possess varietal identity
    and purity should therefore be allowed, these
    characteristics being subject, however, only to official
    post-control carried out in the field by sampling;
21) Whereas vegetable seed which is not placed on the           18.
    market should not, in view of its minor economic im-
    portance, be subject to Community rules; whereas
    Member States must retain the right to make such seed
    subject to special provisions;
22) Whereas seed of certain species subject to the provisions       72/418/EEC
    of this Directive have no significance for certain              (adapted)
    Member States, although they are produced or at least
    marketed in them in insignificant quantities; whereas
    therefore certain species should be excluded from the
    application of this Directive and Member States should
    be released from the obligation to apply this Directive to
    seed of other species;
23) Whereas, in order to improve the quality of Community       19. 70/458/EEC
    vegetable seed, certain requirements must be laid down
    as to minimum analytical purity and germination;
24) Whereas this Directive should cover as full a catalogue     20.
    of species as possible, including certain species which
    may be fodder plants or oil plants as well as vegetables;
    whereas, if, however, certain species of seed are not nor-
    mally reproduced or marketed in the territory of a
    Member State, provision should be made for release of
    that Member State from the obligation to apply this Di-
    rective in respect of the species in question;
25) Whereas, in order to ensure the identity of the seed,       21.
    Community rules on packaging, sampling, sealing and
    marking are laid down; whereas it is desirable that provi-
    sion also be made for official pre-control of certified
    seed, and that the obligations should be laid down which
    must be fulfilled by the person marketing standard seed
    and certified seed made up in small packages;
 ---pagebreak--- 26)   Whereas, in order to ensure that both the requirements     22.
      as to the quality of the seed and the provisions for en-
      suring its identity are complied with during marketing,
      the Member States must make provision for appropriate
      control arrangements;
27)   Whereas seed satisfying these requirements should, with-   23.
      out prejudice to Article 36 of the Treaty, be subject to
      no marketing restrictions other than those provided for
      in Community rules;
28)   Whereas, subject to certain conditions, seed multiplied in 24.
      another country from basic seed certified in a Member
      State should be recognised as equivalent to seed multi-
      plied in that Member State;
29)   Whereas provision should be made for authorising the       25.
      marketing within the Community of vegetable seed harv-
      ested in third countries only if such seed affords the
      same assurances as seed officially certified or marketed
      as standard seed within the Community and complying
      with Community rules;
30)   Whereas, during periods in which there are difficulties in 26.
      obtaining supplies of certified seed of the various cat-    +
      egories or of standard seed, seed of an inferior quality    3. 72/418/EEC
      should temporarily be permitted to be marketed, but            (adapted)
      also seeds of varieties not included in the common cata-
      logue of varieties or in the national catalogue of var-
      ieties;
31)   Whereas, in order to harmonise the technical methods of    27. 70/458/EEC
      certification and control used in the Member States and
      to enable comparisons to be made between seed certi-
      fied within the Community and that coming from third
      countries, Community test fields should be established in
      Member States to permit annual post-control of seed of
      certain varieties of the category 'basic seed' and of seed
      of the categories 'certified seed' and 'standard seed';
32)   Whereas Community rules should not apply to seed           28.
      shown to be intended for export to third countries;
33)   Whereas for the exercise of implementation powers con-     29. (adapted)
      ferred on the Commission, it seems appropriate that the
      Commission be assisted by the Standing Committee on
      Seeds and Propagating Material for Agriculture, Horti-
      culture and Forestry, according to the Management
      Committee procedure provided for in Article 2 (II) of
      Council Decision 87/373/EEC W;
34)   Whereas this Directive must not affect the obligations of
      the Member States concerning the deadlines for trans-
      position of the Directives set out in Annex VI, part B,
      HAS ADOPTED THIS DIRECTIVE:
  (1)    OJ No L 197, 18.7. 1987, p. 33.
 ---pagebreak---                            Article 1
This Directive shall apply to vegetable seed marketed with-     70/458/EEC
in the Community.
It           shall not apply to vegetable seed shown to be                            Article 34
intended for export to third countries.
                           Article 2
1.   For the purposes of this Directive,
A. 'Vegetables' means plants of following species in-
     tended for agricultural or horticultural production but
     not for ornamental uses:
    Allium cepa L.                    Onion
    Allium porrum L,                  Leek
    Anthriscus cerefolium (L.)       Chervil
    Hoffm.
    Apium graveolens L.                Celery
    Asparagus officinalis L.           Asparagus
    Beta vulgaris L. var. vulgaris Spinach beet, chard         87/120/EEC - Art. 5(1)
    Beta vulgaris L. var. cQnditi- Red beet or beetroot
    yaAlef,
    Brassica oleracea L. convar.
    acephala (DC.) Alef. var.        Curry kale
    sabellicq L
    Brassica oleracea L. convar.
    botrytis (L.) Alef. var. botry-  Cauliflower
    tis L.
    Brassica oleracea L. convar.     Sprouting broccoli or ca-
    bQtrytis (IL) AM, var, çymo-     labrese
    sq Duch.
    Brassica oleracea L. convar.     Brussels sprouts
    oleracea vai.gemmifera DC.
    Brassica Qlerqçeq L, conyar, Savoy cabbage
    capitata CL.) Alef. var. sa-
    bauda L.
    Brassica oleracea L. convar.     Cabbage
    capitata (L.) Alef. var. alba
    Brassica oleracea L. convar.     Red cabbage
    çqpitqtq (L.) Alef, var, rubra
    DC.
    Brassica oleracea L. convar.     Kohlrabi
    acephala (DC.) Alef. var.
    gongylodes
    Brassica peldnensis (Lour.)      Chinese cabbage           88/380/EEC - Art. 7(1)
    Rupr.
    Brassica rapa L. var. rapa       Turnip                    87/120/EEC - Art. 5(1)
 ---pagebreak--- Capsicum annuum L.            Chili                     70/458/EEC
                              Pepper
                              Capsicum
Cichorium endma L.            Endive
Cichorium intvbus L. (par-    Witloof chicory           87/120/EEC - Art. 5(1)
tim)                          large-leaved chicory      88/380/EEC - Art. 7(1)
                              (Italian chicorvl
                              Industrial chicory
Citrullus lanatus (Thunb.)    Water melon               79/641/EEC - Art. 4(1)
Matsum. et Nakai
Cucumis melo L.               Melon                     70/458/EEC
Cucumis sativus L.            Cucumber, gherkin
Cucurbita    maxima     Du-   Gourd                     86/155/EEC - Art. 6(1)
chesne
Cucurbita pepo L.             Marrow                    70/458/EEC
Cynara cardunculus L.         Cardoon                   86/155/EEC - Art. 6(1)
Daucus carota L.              Carrot                    79/641/EEC-Art.4(1)
Foeniculum vulgare Miller     Fennel                    87/120/EEC - A r t . 5(1)
Lactuca sativa L.             Lettuce                   70/458/EEC
Lycopersicon hcopersicum      Tomato                    79/641/EEC - Art. 4(2)
(L.) Karsten ex Farw.                                   87/120/EEC-Art. 5(1)
Petroselinum        crispum   Parsley                   79/641/EEC - A r t . 4 ( 1 )
(Miller) Nyman ex A W                                   87/120/EEC-Art. 5(1)
Hill
Phaseolus coccineus L.        Runner bean               70/458/EEC
Phaseolus vulgaris L.         French bean
Pisum sativum L. (partim)     Pea, excluding Field pea  79/641/EEC - Art. 4(1)
Raphanus sativus L.           Radish                    70/458/EEC
Scorzonera hispanica L.       Scorzonera or Black sal-
                              sify
Solanum melongena L.          Aubergine or egg plant
Spinacia oleracea L.          Spinach
Valerianella locusta     (L.) Corn salad or Lamb's let- 79/641/EEC - A r t . 4 ( 1 )
Laterr.                       tuce
Vicia faba L. (partim)        Broad bean
 ---pagebreak--- B.   'Basic seed' means seed:                                  70/458/EEC
     (a) which has been produced under the responsibility
           of the breeder according to accepted practices
           for the maintenance of the variety;
     (b) which is intended for the production of seed of
           the category 'certified seed';
    (c) which, subject to the provisions of Article 22,
          satisfies the conditions laid down in Annexes I
           and n for basic seed; and
    (d) which has been found by official examination to
          satisfy the abovementioned conditions;
C.  'Certified seed' means seed
    (a) which is produced, directly from basic seed or, if     Corrigendum, English Special Edition, p.77
          the breeder so requests, from seed of a gener-
          ation prior to basic seed which can satisfy and
          has been found by official examination to satisfy
          the conditions laid down in Annexes I and II for
          basic seed;
    (b) which is intended mainly for the production of
          vegetables;
   (c) which, subject to the provisions of point (b) of
          Article 22, satisfies the conditions laid down in
          Annexes I and II for certified seed;
   (d) which has been found by official examination to
          satisfy the aforementioned conditions;
   (e) which is subject to official post-control by check
          inspection to verify its varietal identity and vari- Corrigendum, English Special Edition, p.77
          etal purity;
D. 'Standard seed' means seed
   (a) which has sufficient varietal identity and varietal     Corrigendum, English Special Edition, p.77
          purity;
   (b) which is intended mainly for the production of
         vegetables;
   (c) which satisfies the conditions laid down in Annex
          II; and
   (d) which is subject to official post-control by check
          inspection to verify its varietal identity and vari- Corrigendum, English Special Edition, p.77
          etal purity
E. 'Official measures' means measures taken
   (a) by State authorities, or
   (b) by any legal person whether governed by public
         or by private law, acting under the responsibility
         of the State, or
   (c) in the case of ancillary activities which are also
         under State control, by any natural person duly
          sworn for that purpose,
   provided that the persons mentioned under (b) and
   (c) derive no private gain from such measures;
 ---pagebreak--- F.    'Small packages' means packages containing seed up       70/458/EEC — Corrigendum, English Special
      to a maximum net weight of                               Edition, p.77
      (a) 5 kg for legumes;
      (b) 500 g for onions, chervil, asparagus, spinach beet
           or chard, red beet or beetroot, turnips, water
           melon, fiûini marrows, carrots, radishes, scor-     86/155/EEC - Art. 6(2)
           zonera or black salsify, spinach, corn-salad or
           lamb's lettuce;
      (c) 100 g for all other species of vegetable.
2. Amendments to be made to the list of species re-            78/55/EEC - Art. 7(1)
ferred to in point A of paragraph 1 in the light of the
development of scientific or technical knowledge concern-
ing the names and hybrids resulting from the crossing of       88/380/EEC - Art 7(2)
species covered by this Directive shall be adopted in ac-
cordance with the procedure laid down in Article 42 (2).
3. The different types of varieties, including the compo-      88/380/EEC - Art. 7(4)
nents, may be specified and defined in accordance with the
procedure laid down in Article 42 (2).
4^      Member States may be authorized in accordance          78/55/EEC - Art. 7(1) - 88/380/EEC - Art. 7(3)
with the procedure laid down in Article 42 (2) to permit,
by way of derogation from point C (a) of paragraph 1, to
be certified as certificated seed seeds of self-pollinating
species which have been entered for certification as basic
seed and which have been produced from a generation
prior to basic seed but which has not been officially exam-
ined. This provision shall not apply to hybrid seeds. Certi-
fication as certified seed may occur only if this is requested
by the applicant for certification with the agreement of the
breeder and if an official post-control test based on
samples taken officially and carried out at the latest during
the growing season of the entered seed shows that the
seeds from the previous generation have met the require-
ments for basic seed in respect of varietal identity and pu-
rity. In this case the breeder shall, when the samples are
taken, state the total area which has been under produc-
tion of seed of the previous generation. These conditions
may be amended in the light of development of scientific
or technical knowledge in accordance with the procedure
laid down in Article 42 (2).
Member States shall require that the official labels for
seeds marketed in accordance with the authorization re-
ferred to in the first subparagraph be marked: 'passed for
marketing in ... (Member State concerned) onh/; in addi-
tion Member States may require in this case that the offi-
cial labels also be marked: 'intended for further multiplica-
tion only'.
                                             10
 ---pagebreak---                             Article 3
1. Member States shall provide that vegetable seed may         70/458/EEC
not be certified, verified as standard seed and marketed       Corrigendum, English Special Edition, p.77
unless the variety is officially accepted in one or more
Member States.
2. Each Member State shall establish one or more cata-
logues of the varieties officially accepted for certification,
verification as standard seed and marketing in its territory.  Corrigendum, English Special Edition, p.77
The catalogues shall be subdivided according to varieties:
(a) whose seed may be certified as either 'basic seed' or
      'certified seed', or may be verified as 'standard seed'  Corrigendum, English Special Edition, p.77
      and
(b) whose seed may not be verified except as standard          Corrigendum, English Special Edition, p.77
      seed.
Any person may consult the catalogues.
3. A common catalogue of varieties of vegetable species
shall, in accordance with the provisions of Articles 17 and
18, be established on the basis of the national catalogues
of the Member States
4. Member States may provide that the acceptance' of a
variety for inclusion in the common catalogue or in the
catalogue of another Member State is equivalent to accept-
ance for inclusion in their own catalogues. Member States
making such provision shall be released from the obliga-
tions provided for in Article 7, Article 10 (3) and Ar-
ticle 11 (2) to (5).
                            Article 4
Member States shall ensure that a variety is accepted only
if it is distinct, stable and sufficiently uniform.
In the case of industrial chicory, the variety must be of      88/380/EEC - Art. 7(5)
satisfactory value for cultivation and use.
                             Article 5
 1. A variety shall be regarded as distinct if, whatever the   79/967/EEC - Art. 3(1)
origin, artificial or natural, of the initial variation from
which it has resulted, it is clearly distinguishable in one or
 more important characteristics from any other variety
 known in the Community.
 The characteristics must be capable of precise recognition
 and of precise definition.
 A variety in the Community shall be any variety which, at
 the time when the application for the acceptance of the
 variety to be assessed is duly made, is:
 — either listed in the common catalogue of varieties of
       vegetable species or in the common catalogue of var-
       ieties of agricultural plant species,
                                                11
 ---pagebreak--- —     or, without being listed in one of those catalogues,       79/967/EEC - Art. 3(1)
      has been accepted or has been submitted for accept-
      ance in the Member State in question or in another
      Member State, either for certification and marketing,
      or for certification for other countries, or for verifica-
      tion as standard seed,
unless the aforementioned conditions are no longer ful-
filled in all the Member States concerned before the deci-
sion on the application for acceptance of the variety to be
assessed is taken.
2. A variety shall be regarded as stable if, after success-      70/458/EEC
ive propagation or multiplications or at the end of each
cycle (where the breeder has defined a particular cycle of
propagation or multiplications) it remains true to the de-
scription of its essential characteristics.                      Corrigendum, English Special Edition, p.77
3. A variety shall be regarded as sufficiently uniform if,
apart form a very few aberrations, the plants of which it is
composed are, account being taken of the distinctive fea-
tures of the reproductive systems of the plants, similar or
genetically identical as regards the characteristics, taken as   Corrigendum, English Special Edition, p.77
a whole, which are considered for this purpose.
                            Article 6
Member States shall ensure that varieties coming from
other Member States are subject to the same require-
ments, in particular as regards the acceptance procedure,
as those which apply to domestic varieties
                            Article 7
1. Member States shall provide that acceptance of varieties
be based on the results of official examinations, particular-
ly growing trials, covering a sufficient number of char-
acteristics for the variety to be described. The methods
used for determining characteristics must be accurate and        Corrigendum, English Special Edition, p.77
reliable. In order to establish distinctness, the growing        79/967/EEC - Art. 3(2)
trials shall include at least the available comparable var-
ieties which are varieties known in the Community within
the meaning of Article 5 (1). For the purpose of applying
Article 10. other available comparable varieties shall be in-
cluded. In the case of varieties whose seed may not be
verified except as standard seed, the results of unofficial      Corrigendum, English Special Edition, p.77
examinations and knowledge gained from practical experi-
ence during cultivation may be taken into consideration. It      72/418/EEC - Art. 6(3)
may be prescribed, in accordance with the procedure laid
down in Article 42 (2) that, as from specified dates, var-
ieties of certain vegetable species will no longer be ac-
cepted except on the basis of official tests.                    Corrigendum, English Special Edition, p.77
 2. The following shall be fixed in accordance with the
procedure laid down in Article 42 (2), account being taken
of current scientific and technical knowledge:
                                              12
 ---pagebreak--- (a) the characteristics to be covered as a minimum by the       70/458/EEC — Corrigendum, English Special
      examinations of the various species;                      Edition, p.77
(b) the minimum requirements for carrying out the ex-
      aminations.
3. Where examination of the genealogical components is
necessary in order to study hybrids and synthetic varieties,
Member States shall ensure that the results of the examin-
ation and the description of the genealogical components
are, if the breeder so requests, treated as confidential.
                           Article 8
Member States shall require that when lodging an applica-
tion for the acceptance of a variety the applicant indicate
whether acceptance has already been applied for in
another Member State, which Member State was con-
cerned, and whether the application was granted.
                           Article 9
1. Member States may accept varieties which have been           72/418/EEC - Art. 6(4)
officially accepted in their territory before 1 July 1972,
without having to carry out further examinations based on
the principles of this Directive, if it is apparent from previ-
ous examinations that the varieties are distinct, stable and
sufficiently uniform. Examination of the characteristics        Corrigendum, English Special Edition, p. 106
fixed in accordance with Article 7 (2) must be completed
by 30 June 1975 at the latest.
The dates shall be:
— with regard to Spain, 1 March 1986 and 31 December            86/155/EEC - Art. 6(3)
      1988 respectively, in respect of the following species:   (adapted)
      Apium graveolens
      Beta vulgaris var. esculenta
      Brassica oleracea
      Cichorium endxvia
      Cucurbita pepo
      Petroselinum crispum
      Phaseolus coccineus
      Raphanus sativus
      Scorzonera hispanica;
      with regard to Denmark, Ireland and the United            Act of Accession DA, IRL, UK — Art. 29
      Kingdom, 1 January 1973 and 31 December 1977 re-          (adapted)
      spectively.
2. Member States shall take all measures necessary to           72/418/EEC - Art. 6(4)
ensure that official acceptances of varieties granted before
1 July 1972 in accordance with principles other than those
of this Directive expire not later than 30 June 1980 if by
that date the varieties in question have not been accepted
in accordance with the principles of this Directive.
                                               13
 ---pagebreak--- The dates shall be respectively:                               72/418/EEC — Art. 6(4)
      with regard to Spain, 1 March 1986 and 31 December       86/155/EEC - Art 6(4)
      1993 respectively for the species referred to in the     (adapted)
      first indent of the second subparagraph of para-
      graph 1;
      with regard to Denmark, Ireland and the United           Act of Accession DK, IRL, UK — Art. 29
      Kingdom, 1 January 1973.                                 (adapted)
With regard to the territory of the former German Demo-        90/654/EEC - Art. 2
cratic Republic, the dates referred to in the first subpara-   (adapted)
graph are those of 3 October 1990 and 31 December 1994
respectively in respect of the varieties accepted by the
authorities of the former German Democratic Republic.
This provision shall apply mutatis mutandis to varieties
which have not been officially accepted but whose seed
had been marketed or sown in that territory prior to Ger-
man unification.
3. In accordance with the procedure laid down in Article       80/1141/EEC - Art. 2
42 (2), Member States may be authorized in respect of
individual varieties to extend until 31 December 1982 at
the latest the date of expiry provided for in paragraph 2,
in so far as, on 1 Jury 1980, the examination procedure
initiated for these varieties prior to this date, with a view
to their acceptance under the provisions of this Directive,
has not yet been completed.
4. The provisions of. Article 3 (1) notwithstanding,           72/418/EEC - Art 6(4)
Member States may permit until 30 June 1975 the market-
ing in their territory of standard varieties of seed not offi-
cially accepted, if seed of these varieties had been mar-
keted there before 1 July 1972.
The dates shall be respectively:
      31 December 1988 and 1 January 1986 with regard to       88/380/EEC - Art. 7(6)
      Greece;                                                  (adapted)
      31 December 1988 and 1 March 1986 with regard to         86/155/EEC - Art 6(5)
      Spain for the species referred to in the first indent of (adapted)
      the second subparagraph of paragraph 1.
                           Article 10
 1. Member States shall arrange for official publication of    70/458/EEC
the catalogue of varieties accepted in their territory and,
where maintenance breeding of the variety is required, the
name of the person or persons responsible for this in their
 countries. Where several persons are responsible for the
 maintenance of a variety, the names need not be pub-
 lished. If the names are not published, the catalogue shall
 indicate the authority holding the list of names of persons
 responsible for maintenance of the variety.
                                             14
 ---pagebreak--- 2. Member States shall, as far as possible, ensure at the        70/458/EEC
time of acceptance that the variety is known by the same
name in all Member States.
If it is known that seed or propagating material of a given      70/458/EEC — Corrigendum, English Special
variety are marketed in another country under a different        Edition, p.77
name, that name shall also be indicated in the catalogue.
In the case of varieties which are derived from varieties        88/380/EEC - Art. 7(7)
whose official acceptance has been determined pursuant to
Article 13 (3), second and fourth sentences, and which
have been accepted in one or more Member States as a
result of the official measures referred to in that provision,
it may be decided, in accordance with the procedure laid
down in Article 42 (2), that all Member States of accept-
ance shall ensure that the varieties bear names determined
under the same procedure and complying with the above
principles.
3. In taking into account the information available,             79/967/EEC - Art. 3(3)
Member States shall also ensure that a variety which is not
clearly distinguishable:
— from a variety previously accepted in the Member
       State in question or in another Member State, or
— from another variety which has been assessed with re-
       gard to distinctness, stability and uniformity in accord-
       ance with rules correponding to those of this Direc-
       tive, without, however, being a variety known in the
       Community within the meaning of Article 5 (1),
bears the name of that variety. This provision shall not
apply if this name is likely to mislead or cause confusion
concerning the variety in question, or if, pursuant to all the
provisions of the Member State concerned governing the
names of varieties, other facts prevent its utilization, or if
the rights of third parties impede the free use of that
name in connection with the variety in question.
4L Member States shall compile a special file on each            70/458/EEC — 79/967/EEC - Art 3(4)
variety accepted, containing a description of the variety
and a clear summary of all the facts on which the accept-
 ance was based. The description of the varieties shall re-
late to plants produced directly from seed of the category
 'certified seed' or the category 'standard seed'.
                            Article 11
 1. Any application or withdrawal of an application for           79/967/EEC - Art 3(5)
 acceptance of a variety, any entry in a catalogue of var-
 ieties as well as any amendment thereto shall be notified
 forthwith to the other Member States and the Commission.
                                                15
 ---pagebreak--- 2. Member States shall, for each new variety accepted,      70/458/EEC
send the other Member States and the Commission a brief
description of its characteristics which have been noticed  Corrigendum, English Special Edition, p.106
as a result of the acceptance procedure. They shall, on re- 72/418/EEC - Art. 6(5)
quest also communicate a description of the special char-
acteristics which enable the variety to be distinguished
from other similar varieties.
3. Each Member State shall make available to the other
Member States and the Commission the files referred to in
Article 10 (4) on the varieties accepted or which have
ceased to be accepted. Information exchanged concerning
these files shall be treated as confidential.
4. Member States shall ensure that the acceptance files
are made available for the personal and exclusive use of
any person able to show a legitimate interest. These provi-
sions shall not apply where the information must under
Article 7 (3) be treated as confidential.
5. Where acceptance of a variety is refused or revoked,
the results of the examinations shall be made available to
persons affected by such decision.
                          Article 12
1. Member States shall provide that the varieties ac-
cepted must be maintained according to accepted practices
for the maintenance of the variety. This rule shall not
apply to varieties whose seed may not be verified except as Corrigendum, English Special Edition, p.77
standard seed but which are widely known on 1 July 1970.
The date shall be:
      with regard to Denmark, Ireland and the United        Act of Accession D A IRL, UK — Art. 29
      Kingdom, 1 January 1973;                              (adapted)
—     with regard to Spain, 1M arch 1986.                   86/155/EEC - Art. 6(6)
                                                            (adapted)
2. It must at all times be possible to check maintenance    70/458/EEC — Corrigendum, English Special
from the records kept by the person or persons responsible  Edition, p.77
for the variety. These records shall also cover the produc-
tion of all generations prior to basic seed.
3. Samples may be requested from the person respon-
sible for the variety. Such samples may if necessary be
taken officially.
4. Where maintenance takes place in a Member State
other than that in which the variety was accepted, the
Member States concerned shall assist each other adminis-
tratively as regards checks.
                          Article 13
1. Acceptance shall be valid until the end of the 10th
calendar year following acceptance.
                                             16
 ---pagebreak--- Acceptance of the varieties by the authorities of the           90/654/EEC - Art. 2
former German Democratic Republic prior to German uni-
fication shall be valid until the end of the 10th calendar
year at the latest following their entry in the catalogue of
varieties drawn up by the Federal Republic of Germany in
accordance with Article 3 (1).
2. Acceptance of a variety may be renewed at given in-          70/458/EEC
tervals if it is still cultivated on such a scale as to justify
this and provided that the requirements as to distinctness,
uniformity and stability are still satisfied. Applications for
renewal shall be submitted not later than two years before
expiry of acceptance.
In the case of varieties referred to in the second sentence     88/380/EEC - Art. 7(8)
of Article 12 (1) the acceptance may be renewed only
where, without prejudice to the provisions of Article 38,
the name of the person or persons responsible for the
maintenance has been officially registered and published in
accordance with the provisions of Article 10 (1).
3. The period of validity of acceptance shall be extended       70/458/EEC
provisionally until a decision is taken on the application
for renewal.
In the case of varieties for which acceptance has been          88/380/EEC - Art. 7(9)
granted before 1 July 1972 or, with regard to Denmark,          (adapted)
Ireland and the United Kingdom, before 1 January 1973,
the period mentioned in the first subparagraph of para-
graph 1 may be extended, in accordance with the pro-
cedure laid down in Article 42 (2), until 30 June 1990 at
the latest for individual varieties, where official measures
organized on a Community basis have been taken before 1
Jury 1982 in order to ensure that the conditions for the
renewal of their acceptance or for the acceptance of var-
ieties derived from them are met.
With regard to Greece, Spain and Portugal, the expiry of
the acceptance period for certain varieties for which ac-
ceptance has been granted in those Member States before
1 January 1986 may, at the request of those Member
States, also be fixed for 30 June 1990, in accordance with
the procedure laid down in Article 42 (2), and the varieties
concerned may be included in the official measures re-
ferred to in the second subparagraph.
                             Article 14                                                Article 13a
 1. Member States shall ensure that any doubts which            79/967/EEC - Art. 3(6)
 arise after the acceptance of a variety concerning the ap-
 praisal of its distinctness or of its name at the time of ac-
 ceptance are removed.
                                              17
 ---pagebreak---  2. Where, after acceptance of a variety, it is established   79/967/EEC - Art. 3(6)
that the condition concerning distinctness within the mean-
ing of Article 5 was not fulfilled at the time of acceptance,
acceptance shall be replaced by another decision or, where
appropriate, a revocation, which conforms with this Direc-
tive.
By this other decision, the variety shall, with effect from
the date of its initial acceptance, no longer be regarded as
a variety known in the Community within the meaning of
Article 5 (1).
3. Where, after acceptance of a variety, it is established
that its name within the meaning of Article 10 was not
acceptable when the variety was accepted, the name shall
be adapted in such a way that it conforms with this Direc-
tive. Member States may permit the previous name to be
used temporarily as an additional name. The detailed ar-
rangements in accordance with which the previous name
may be used as an additional name may be laid down in
accordance with the procedure provided for in Article
42 (2).
                           Article 15                                                        Article 14
1. Member States shall ensure that acceptance of a var-       70/458/EEC
iety is revoked:
(a) if it is proved, on examination, that the variety is no
      longer distinct, stable or sufficiently uniform;
(b) if the person or persons responsible for the variety so
      request, unless maintenance of the variety js assured.  Corrigendum, English Special Edition, p.77
2. Member States may revoke the acceptance of a var-
iety:
(a) if the laws, regulations and administrative provisions
      adopted in pursuance of this Directive are not com-
      plied with;
(b) if, at the time of the application for acceptance or
      during examination, false or fraudulent particulars
      were supplied concerning the facts on the basis of
      which acceptance was granted.
                           Article 16                                                        Article 15
1. Member States shall ensure that a variety is deleted
from their catalogues if acceptance of the variety has been
revoked or if the period of validity of the acceptance has
expired.
2. Member States may, in respect of their own territory,      79/967/EEC - Art. 3(7)
allow a period for certification, verification as standard
seed and marketing of seed up to 30 June of the third
year at the most after expiry of the acceptance.
                                              18
 ---pagebreak--- In the case of varieties that were listed pursuant to Article     79/967/EEC - Art. 3(7)
17 (1) in the common catalogue of varieties referred to in
Article 18, the period which expires last among those
granted by the various Member States of acceptance under
the first subparagraph shall apply to marketing in all the
Member States, provided that tie seed of the variety con-
cerned has not been subject to any marketing restriction as
regards the variety.
                          Article 17                                                            Article 16
1. Member States shall ensure that, after expiry of a             72/418/EEC - Art. 6(7)
period of two months following the publication referred to
in Article 18, &ecd of varieties accepted in accordance with
the provisions of this Directive or in accordance with prin-
ciples corresponding to those of this Directive are subject
to no marketing restrictions relating to variety.
2. By way of derogation from paragraph 1, a Member                70/458/EEC
State may, upon application which will be dealt with as
provided in Article 42 (2), be authorized to prohibit the
marketing in all or part of its territory of seed of the var-
iety in question if the variety is not distinct, stable OT suffi-
ciently uniform. The application shall be lodged before the
end of the third calendar year following that of acceptance.
3. The period provided for in paragraph 2 may be ex-
tended before expiry, in accordance with the procedure
laid down in Article 42 (2), where there is good reason.
4. In the case of varieties accepted before 1 July 1972
the period provided for in the second sentence of para-
graph 2 shall run from 1 July 1972.
This period shall run from:
      1 July 1973, with regard to Denmark, Ireland and the        Act of Accession DA, IRL, UK — Art 29
      United Kingdom;                                             (adapted)
      1 March 1986, with regard to Spain.                         86/155/EEC - Art. 6(7)
                                                                  (adapted)
With regard to Germany, the period shall run from 3 Oc-           90/654/EEC - Art. 2
tober 1990 in respect of the varieties accepted by the auth-      (adapted)
orities of the former German Democratic Republic.
5. With regard to Greece and in respect of varieties              88/380/EEC - Art 7(10)
which have been accepted before 1 January 1986 in one or
 more of the other Member States and which have never
 been allowed for marketing in Greece before that date, the
 period provided for in paragraph 2 shall expire on 31 De-
 cember 1988.
                                               19
 ---pagebreak---                             Article 18                                                   Article 17
The Cornmission shall, on the basis of the information sup-     70/458/EEC
plied by Member States and as this is received, publish in
the C Series of the Official Journal of the European
Communities under the title 'Common Catalogue of Var-
ieties of Vegetable Species' a list of all varieties whose
seed, after expiry of a period of two months, is subject        72/418/EEC - A r t 6(8)
under Article 17 to no marketing restrictions as regards
variety, and also the information required under Article 10
(1) concerning the person or persons responsible for main-
tenance of the variety. The published notice shall indicate
the Member States which have received an authorization
under Article 17 (2) or Article 19. The published notice        79/967/EEC - A r t 3(8)
shall list those varieties for which a period has been ap-
plied in accordance with the second subparagraph of Ar-
ticle 16 (2). This list shall indicate the length of the period
and, where appropriate, the Member States to which the
period does not apply.
                           Article 19                                                    Article 18
If it is established that the cultivation of a variety included
in the common catalogue of varieties of vegetable species
may be harmful from the point of view of plant health to
the cultivation of other varieties or species growing in a
Member State, that Member State may upon application,
which will be dealt with as provided in Article 42 (2), be
authorized to prohibit the marketing of seed of that variety
in all or part of its territory. Where there is imminent
danger of the spread of harmful organisms, and until such
time as a final decision has been taken in accordance with
the procedure laid down in Article 42 (2), this prohibition
may be imposed by the Member State concerned as soon
as its application has been lodged.
                           Article 20                                                    Article 19
Where a variety ceases to be accepted in the Member
State which initially accepted it, one or more other
Member States may continue to accept that variety pro-
vided that the requirements for acceptance continue to be
met in their territory. If the variety in question is one
whose maintenance is required, this must remain assured.
                           Article 21                                                    Article 20
1. Member States shall provide that seed of industrial          88/380/EEC - A r t 7(11)
chicory may not be placed on the market unless it has
been officially certified as 'basic seed' or 'certified seed'
and unless it satisfies the conditions laid down in Annex II.
2. Member States shall provide that seed of other veg-
etable species may not be placed on the market unless it
has been officially certified as 'basic seed' or 'certified
seed', or is standard seed, and unless it satisfies the condi-
tions laid down in Annex U.
                                               20
 ---pagebreak--- 3. It may, however, under the procedure laid down in             70/458/EEC
Article 42 (2), be provided that after specified dates seed
of certain vegetable species may not be placed on the
market unless it has been officially certified as 'basic seed'
or 'certified seed'.
4. Member States shall ensure that official examinations
of seeds are carried out in accordance with current in-
ternational methods, in so far as such methods exist.
5. Member States may provide for derogations from the
provisions of paragraph 1:
(a) for seed of generations prior to basic seed;
(b) for tests or for scientific purposes;
(c) for selection work;
(d) for seed 'as grown' and sold to be prepared for
     marketing, provided that the identity of the seed is
     ensured.
                          Article 22                                                            Article 21
Member States may, however, by way of derogation from
the provisions of Article 21:
(a) authorize the official certification and marketing of
     basic seed which does not satisfy the conditions laid
     down in Annex U in respect of germination. In this          Corrigendum, English Special Edition, p.77
     case, all necessary measures shall be taken to ensure
     that the supplier guarantees a specific germination
     which he shall state for marketing purposes on a par-       Corrigendum, English Special Edition, p.77
      ticular label bearing his name and address and the
     reference number of the seed lot;
(b) in order to make seed rapidly available, notwithstand-
     ing the fact that the official examination to control       Corrigendum, English Special Edition, p.77
      compliance with the conditions laid down in Annex II
     in repect of germination has not been concluded,
      authorize the official certification and marketing as
     far as the first buyer by way of trade of seed of the
      categories 'basic seed' or 'certified seed'. Certification
      shall be granted only on presentation of a provisional
      analytical report on the seed and provided that the
      name and address of the first consignee are given; all     Corrigendum, English Special Edition, p.77
      necessary measures shall be taken to ensure that the
      supplier guarantees the germination ascertained at the
      provisional analysis; this germination shall be stated
      for marketing purposes on a special label bearing the
      name and address of the supplier and reference
      number of the lot.
These provisions shall not apply to seed imported from
third countries, save as otherwise provided in Article 33 in
respect of multiplication outside the Community.
                                               21
 ---pagebreak---                           Article 23                                                 Article 22
Member States may, as regards the conditions laid down in     70/458/EEC
Annexes I and II, impose additional or more stringent re-
quirements for the certification of seed produced in their
own territory.
                          Article 24                                                 Article 23
1. Member States shall require that for the examination
of seed for certification and for post-control tests, samples
are drawn officially in accordance with appropriate
methods.
These provisions shall also apply where samples of stan-
dard seed are drawn officially for post-control tests.
2. For the examination of seed for certification and for
post-control tests, samples shall be drawn from homogene-
ous lots; the maximum weight of a lot and the minimum
weight of a sample are given in Annex i n .
                          Article 25                                                 Article 24
1. Member States shall require that basic seed, certified
seed and standard seed be marketed only in sufficiently
homogeneous lots and in sealed packages bearing, as pre-
scribed in Articles 26 and 27, a sealing system and mark-
ings.
2. Member States may, for the marketing of small quan-
tities to the final consumer, provide for derogations from
the provisions of paragraph 1 in respect of packaging, seal-
ing and marking.
3. Member States may allow the marketing of mixtures          73/438/EEC - Art. 6(2)
of standard seed of different varieties of Lactuca saliva L.
and of mixtures of standard seed of different varieties of
Raphanus sativus L. in small packages not exceeding 50 g
provided that the words 'mixture of varieties' and the
names of the varieties making up the mixture are shown
on the package.
                          Article 26                                                 Article 25
1. Member States shall require that packages of basic         78/692/EEC - Art. 7(1)
and certified seed, not made up in the form of EEC small
packages, be sealed officially or under official supervision
in such a manner that they cannot be opened without
damaging the sealing system or leaving evidence of
tampering on either the official label provided for in Ar-
ticle 27 (1) or the package.
In order to ensure sealing, the sealing system shall compri-
se at least either the official label or the affixing of an
official seal.
                                            22
 ---pagebreak--- The measures provided for in the second subparagraph         787692/EEC-Art.7(l)
shall not be necessary where a non-reusable sealing system
is used.
In accordance with the procedure laid down in Article
42 (2) it may be established whether a particular sealing
system complies with the provisions of this paragraph.
2. Packages which have been officially sealed shall not      70/458/EEC
be resealed, whether one or more times, except officially
or under official supervision. If packages are resealed, the 78/692/EEC - Art. 7(2)
fact of reseating, the most recent date of resealing and the
authority responsible therefore shall be stated on the label
required under Article 27 (1).
3. Member States shall require that packages of stan-        78/692/EEC - Art. 7(3)
dard seed and small packages of seeds of the category
certified seed be sealed in such a manner that they cannot
be opened without damaging the sealing system or without
leaving evidence of tampering on the label provided for in
Article 27 (3) or the package. Except in the case of small
packages, they shall also bear a lead or an equivalent seal-
ing device attached by the person responsible for attaching
labels. In accordance with the procedure laid down in Ar-
ticle 42 (2), it may be established whether a particular
sealing system complies with the provisions of this para-
graph. In the case of small packages of the category certi-
fied seed, packages shall not be sealed on one or more
occasions except under official supervision.
4. Member States may provide for exceptions to para-         78/692/EEC - Art. 7(4)
graphs 1 and 2 in the case of small packages of basic seed.
                         Article 27                                                 Article 26
1. Member States shall require that packages of basic        78/55/EEC - Art 7(2)
seed and certified seed, except where seed of the latter
category takes the form of small packages:
                                            23
 ---pagebreak---   (a) be labelled on the outside with an official label which     78/55/EEC - Art 7(2)
       has not previously been used, which satisfies the
       conditions laid down in Annex IV (A) and on which
       the information is given in one of the official lan-
       guages of the Community. The label may be placed
       inside transparent packages provided it can be read.
      The colour of the label shall be white for basic seed
       and blue for certified seed. When a label with a
      string-hole is used, its attachment shall be ensured in
       all cases with an official seal. If in cases under Article
      22, the basic seed does not satisfy the conditions laid
      down in Annex II in respect of germination, this fact
      shall be stated on the label. The use of official adhes-
      ive labels shall be authorized. In accordance with the
      procedure laid down in Article 42 (2) the indelible
      printing under official control of the prescribed in-
      formation on the package according to the label's
      model may be authorized;
 (b) contain an official document, in the same colour as
      the label, giving at least the information required
      under Annex IV (A) (a) (4) to (7). This document
      shall be drawn up in such a manner that it cannot be
      confused with the official label referred to under (a).
      This document is not necessary if the information is
      printed indelibly on the package or if, in accordance
      with the provisions under (a), the label is inside a
      transparent package or an adhesive label or a label of
      non-tear material is used.
2. Member States may provide for exceptions to para-              78/55/EEC - Art. 7(3)
graph 1 in the case of small packages of basic seed where
they are marked: 'passed for marketing in ... (Member
State concerned) only\
i     Packages of standard seed and small packages of seed        70/458/EEC — 88/380/EEC - Art. 7(13)
of the category 'certified seed' shall, as required under         Corrigendum, English Special Edition, p.77
Annex IV (B), bear a supplier's label or a printed or
stamped notice in one of the official languages of the
Community. The colour of the label shall be blue for certi-
fied seed and dark yellow for standard seed.
Save in the case of small packages of standard seed, the          88/380/EEC - Art. 7(13)
information prescribed or authorized under this paragraph
shall be kept clearly separate from any other information
given on the label or the package, including that provided
for in Article 29.
                                                24
 ---pagebreak---  After 30 June 1992 it may be decided, in accordance with      88/380/EEC - Art. 7(13)
 the procedure laid down in Article 42 (2), *hat small pack-
 ages of standard seed of certain or all species should be
 subject to this requirement or that the information pre-
 scribed or authorized be distinct in some other way from
 any other information if the distinctive feature is expressly
 declared as such on the label or package.
 4. In the case of varieties which are widely known on 1       88/380/EEC - Art. 7(12)
 July 1970, reference may also be made on the label to any     (adapted)
 maintenance of the variety which has been or will be de-
 clared in accordance with the provisions of Article 38 (2).
 It shall be prohibited to refer to any special properties
which might be connected with such maintenance.
The date shall be:
—     1 Jury 1973 with regard to Denmark, Ireland and the
      United Kingdom;
—     1 March 1981 with regard to Spain.
This reference shall follow the varietal name, from which it
shall be clearly separated, preferably by means of a dash.
It shall not be given greater prominence than the varietal
name.
Only maintenances declared before the date so determined
may be referred to on the label.
                          Article 28                                                          Article 27
Member States shall take all measures necessary to ensure      70/458/EEC
that in the case of small packages of certified seed the       Corrigendum, English Special Edition, p.77
identity of the seed can be verified, in particular at the     Corrigendum, English Special Edition, p.77
time when seed lots are divided up. To this end, they may
require that small packages made up in their territory be      Corrigendum, English Special Edition, p.77
sealed officially or under official supervision.
                          Article 29                                                          Article 28
lj, Member States shall retain the right to require that in    88/380/EEC - Art. 7(14)
cases other than those provided for in Articles 22 and 27,
packages of basic seed, certified seed or standard seed,
whether the seed has been produced in their own territory
or imported, must, if the seed is to be marketed within        Corrigendum, English Special Edition, p.77
their territory, bear additional information from the
supplier, either printed on a label or stamped directly on
the package..
                                                               Corrigendum, English Special Edition, p.77
2. In the case of basic and certified seed the label or the    88/380/EEC - Art. 7(15)
printing referred to under paragraph 1 shall be drawn up
in such a manner that it cannot be confused with the offi-
cial label referred to in Article 27 (1).
                                             25
 ---pagebreak---                            Article 30                                                           Article 29
Member States shall require that any chemical treatment          70/458/EEC
of basic seed, certified seed or standard seed be noted
either on the official label or on the supplier's label and
on the package or inside it. For small packages, this in-        Corrigendum, English Special Edition, p.77
formation may be printed directly on the package or inside       Corrigendum, English Special Edition, p.77
it.
                           Article 31                                                          Article 29a
For the purpose of seeking improved alternatives to certain      88/380/EEC - Art. 7(16)
elements of the certification scheme adopted under this
Directive, it may be decided to organize temporary experi-
ments under specified conditions at Community level in ac-
cordance with the procedures laid down in Article 42 (2).
In the framework of such experiments, Member States may
be released from certain obligations laid down in this Di-
rective. The extent of that release shall be defined with
reference to the provisions to which it applies. The dur-
ation of an experiment shall not exceed seven years.
                           Article 32                                                           Article 30
1. Member States shall ensure that basic seed and certi-         70/458/EEC
fied seed which have been officially certified and whose
packages have been marked and sealed officially or under         Corrigendum, English Special Edition, p.77
official supervision as prescribed in this Directive, and also   78/55/EEC - Art 7(4)
certified seed made up in small packages and standard            Corrigendum, English Special Edition, p.77
seed whose packages have been marked and sealed as pre-          Corrigendum, English Special Edition, p.77
scribed in this Directive, are subject to no marketing re-
strictions as regard their characteristics, examination ar-      Corrigendum, English Special Edition, p.77
rangements, marking and sealing other than those laid
down in this Directive.
2. Until such time as a decision has been taken under
Article 21 (3) any Member State may upon application,
which will be dealt with under Article 42 (2), be author-
ized to provide that after specified dates seed of certain
species of vegetable may not be placed on the market un-
less it has been officially certified as 'basic seed' or 'certi-
fied seed'.
 3. Member States which have provided for exemptions             72/418/EEC - Art. 6(10)
 in accordance with the provisions of point (a) of Article 21
 (5) shall ensure that bred seed of generations prior to
 basic seed are subject to no marketing restrictions on ac-
 count of their characteristics, examination arrangements,       Corrigendum, English Special Edition, p.77
 marking and sealing,
 (a) if it has been officially checked by the competent          Corrigendum, English Special Edition, p.106
       certification authority in accordance with the provi-
       sions applicable to basic seed,
                                               26
 ---pagebreak--- (b) if it is packed in accordance with the provisions of        72/418/EEC - Art. 6(10)
      this Directive, and
(c) if its packages bear an official label giving at least the  Corrigendum, English Special Edition, p. 106
      following particulars:
      — certification authority and Member State or their
            distinguishing abbreviation,
      — lût reference number,                                   Corrigendum, English Special Edition, p.106
            month and year of sealing,                          78/692/EEC - Art. 7(5)
            or
            month and year of the last official sampling for
            the purposes of certification,
      — species, indicated at least in roman characters,        88/380/EEC - Art. 7(17)
            under its botanical name, which may be given in
            abridged form and without the authorities'
            names, or under its common name, or both,
      — variety, indicated at least in roman characters,
      — the description 'ore-basic seed',                       72/418/EEC - Art 6(10)
      — number of generations preceding seed of the cat-        Corrigendum, English Special Edition, p.106
            egory 'certified seed'.
The label shall be white with a violet diagonal line.           Corrigendum, English Special Edition, p.106
                            Article 33                                                         Article 31
1.    Member States shall provide that vegetable seed           88/380/EEC - Art. 7(18)
— which has been produced directly from 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 point (d) of Article 34 (1),
      or which has been produced directly from the crossing
      of basic seed officially certified in a Member State
      with basic seed officially certified in such a third
      countty, and
— which has been harvested in another Member State,
shall, on request and without prejudice to the other provi-
sions of this Directive, be officially certified seed in any
Member State if that seed has undergone field inspection
satisfying the conditions laid down in Annex I for the rel-
evant category and if official examination has shown that
the conditions laid down in Annex II for the same category
are satisfied.
Where in such cases the seed has been produced directly
from officially certified seed of generations prior to basic
seed, Member States may also authorize official certifi-
cation as basic seed, if the conditions laid down for that
category are satisfied.
                                                27
 ---pagebreak--- 2. Vegetable seed which has been harvested in another           88/380/EEC - Art. 7(18)
Member State, and which is intended for certification in
accordance with the provisions laid down in paragraph 1,
shall:
— be packed and labelled with an official label satisfying
      the conditions laid down in Annex V (A) and (B), in
      accordance with the provisions laid down in Article
      26 (1), and
— be accompanied by an official document satisfying the
      conditions laid down in Annex V (C).
3.    Member States shall also provide that vegetable seed
— which has been produced directly from 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 point (d) of Article 34 (1)
      or which has been produced directly from the crossing
      of basic seed officially certified in a Member State
     with basic seed officially certified in such a third
      country, and
— which has been harvested in a third country,
shall, on request, be officially certified as certified seed in
any of those Member States where the basic seed was
either produced or officially certified, if the seed has un-
dergone field inspection satisfying the conditions laid down
in an equivalence decision made under point (a) of
Article 34 (1) for the relevant category, and if official
examination has shown that the conditions laid down in
Annex II for the same category are satisfied. Other
Member States may also authorize official certification of
such seed.
                            Article 34                                                  Article 32
1. The Council, acting by a qualified majority on a pro-        70/458/EEC
posal from the Commission, shall detennine whether:
(a) the official examinations of varieties carried out in the
      third country afford the same assurances as those pro-
     vided for in Article 7 and carried out in the Member
      States;
(b) the checks on practices for the maintenance of the
      varieties carried out in the third country afford the
      same assurances as those carried out by the Member
      States;
(c) in the cases referred to in Article 33, the field inspec-
      tions in the third country satisfy the conditions laid
      down in Annex I;
                                                28
 ---pagebreak--- (d) vegetable seed harvested in a third country and af-       70/458/EEC
      fording the same assurances as regards its characteris- Corrigendum, English Special Edition, p.77
      tics and the arrangements for its examination, for en-
      suring identity, for marking and for control, is
      equivalent in these respects to basic seed, certified
      seed or standard seed harvested within the Commun-
      ity and complying with the provisions of this Direc-
      tive.
2. Paragraph 1 shall also apply in respect of any new         72/274/EEC - Art. 2
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 Di-
rective.
                          Article 35                                                         Article 33
1. In order to remove any temporary difficulties in the       72/418/EEC - Art. 6(11)
general supply of basic seed, certified seed or standard
seed that occur in one or more Member States and cannot
be overcome within the Community, one or more Member
States may be authorized, in accordance with the pro-
cedure laid down in Article 42 (2), to permit, for a speci-
fied period, the marketing of seed of a category subject to
less stringent requirements, or of seed of varieties not in-
cluded in the 'Common Catalogue of Varieties of Veg-
etable Species' or in their national catalogues of varieties.
2. For a category of seeds of any given variety, the offi-    70/458/EEC
cial label or the supplier's label shall be that provided for
the corresponding category; in all other cases, it shall be
brown. The label shall always state that the seed in ques-
tion is of a category satisfying less stringent requirements.
3. Rules for the application of paragraph 1 may be            88/332/EEC - Art. 8
adopted in accordance with the procedure laid down in Ar-
ticle 42 (2).
                          Article 36                                                         Article 35
Jj Member States shall make suitable arrangements for         70/458/EEC — 72/418/EEC - Art 6(12)
vegetable seed to be officially verified, at least by
sampling, as regards its compliance with the requirements
of this Directive.
                                             29
 ---pagebreak---                                                                                                   N
2. Member States shall take all necessary measures to          72/418/EEC - Art. 6(13)
ensure that the following particulars are presented during
the marketing of quantities exceeding 2 kg of seed coming
from another Member State or from a third country:
(a) species,
(b) variety,
(c) category,
(d) country of production and official control authority,
(e) country of dispatch,
(f)   importer,
(g) quantity of seed.
The manner in which these particulars must be presented
may be determined in accordance with the procedure laid
down in Article 42 (2).
                          Article 37                                                          Article 36
Member States shall ensure that seed        of the categories  70/458/EEC
'certified seed' and 'standard seed' is    subject to official
post-control in the field by inspection     to compare their
varietal identity and varietal purity       against standard   Corrigendum, English Special Edition, p.77
controls.
                          Article 38                                                          Article 37
1. Member States shall ensure that the persons respon-
sible for affixing the labels for standard seed intended for
marketing:
(a) inform them of the dates when their activities begin
      and end;
(b) keep records of all lots of standard seed and make
      them available to the Member States for not less than
      three years;
(c) make available to Member States for not less than
      two years a control sample of seed of varieties for
      which maintenance is not required;
(d) draw samples from each lot intended for marketing
      and make them available to Member States for not
      less than two years.
The operations referred to in points (b) and (d) shall be
subject to official checks carried out on a random basis.
The obligation laid down in point (c) shall apply only to      72/418/EEC - Art. 6(14)
producers.
2. Member States shall ensure that any person intending
in accordance with Article 27 (4) to make reference to a       88/380/EEC - Art. 7(19)
given maintenance of a variety state this intention in ad-
vance.
                                              30
 ---pagebreak---                           Article 39                          70/458/EEC                     Article 38
1. If it is repeatedly found, during post-control tests car-
ried out in the field, that seed of any one variety does not
adequately satisfy the conditions laid down in respect of
varietal identity purity, Member States shall ensure that
the person marketing it is wholly or partially forbidden to
market such seed (where appropriate, for a specified
period).
2. Any measures taken under paragraph 1 shall be with-
drawn as soon as it has been established with adequate
certainty that the seed intended for marketing will in fu-
ture satisfy the conditions as to varietal identity and vari- Corrigendum, English Special Edition, p.77
etal purity.
                          Article 40                                                         Article 39
1. Community comparative tests shall be carried out           71/162/EEC - Art. 6(1)
within the Community for the post-control examination of      Corrigendum, English Special Edition, p. 87
samples of basic seed, with the exception of that of hybrid
and synthetic varieties, and of certified or standard veg-
etable seed, taken during sampling. Satisfaction of the
conditions with which the seed must comply may be
checked during the post-control tests. The arrangements
for holding the tests and their results shall be submitted to
the Committee referred to in Article 42 (1).
2. These comparative tests shall be used to harmonize         70/458/EEC
the technical methods of certification and post-control so    (adapted)
as to obtain results which are equivalent Progress reports
shall be made on the tests and sent in confidence to the
Member States and to the Commission. The Commission
shall, in accordance with the procedure laid down in Ar-
ticle 42 (2), set the date for the first report.
3. The Commission, acting in accordance with the pro-
cedure laid down in Article 42 (2), shall make the
necessary arrangements for the comparative tests to be
carried out. Vegetable seed harvested in third countries
may be included in the comparative tests.
                          Article 41                                                        Article 40a
Amendments to be made to the content of the Annexes in        73/438/EEC - Art. 6(4)
the light of the development of scientific or technical
knowledge shall be adopted according to the procedure
laid down in Article 42 (2).
                          Article 42
 1. The Commission shall be assisted by the Standing Com-     87/373/EEC
 mittee on Seeds on Propagating Material for Agriculture,     (adapted)
 and Forestry set up by Council Decision 66/399/EEC W.
  (!) OJ No 125,11.7.1966, p. 2289/66.
                                             31
 ---pagebreak--- 2. The representative of the Commission shall submit a      87/373/EEÇ
draft of the measures to be taken. The Committee shall      (adapted)
deliver its opinion on the draft within a time limit which
the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority
laid down in Article 148 (2) of the Treaty in the case of
decisions which the Council is required to adopt on a pro-
posal from the Commission. The votes of the representa-
tives of the Member States within the Committee shall be
weighted in the manner set out in that Article. The chair-
man shall not vote.
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accord-
ance with the opinion of the Committee, they shall be
communicated by the Commission to the Council forth-
with. In that event, the Commission may defer application
of the measures which it has decided for a period of not
more than one month from the date of such communica-
tion.
The Council, acting by a qualified majority, may take a
different decision within the time limit referred to in the
second subparagraph.
3. The Committee, on request by the chairman or of          69/399/EEC - Art. 2
one of the Member States, may examine any questions rel-    (adapted)
evant to the subject matter of this Directive.
                             Article 43                                             Article 41
Save as otherwise provided in Article 18 and in Annexes I   70/458/EEC
and II, 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 or commercial property.
                             Article 44                                             Article 42
Upon application by a Member State, which will be dealt     72/418/EEC - Art. 6(15)
with as provided in Article 42 (2), that State may be       (adapted)
wholly or partially released from the obligation to apply
the provisions of this Directive, save where this would run
counter to the provisions laid down in Article 17 (1) and
in Article 32 (1):
(a) to the following species:
      Anthriscus cerefolium (L.)        Chervil
      Hoffrn.
      Asparagus officinalis L.          Asparagus
      Beta vulgaris L. var. vulgaris    Spinach beet, chard
      Brassica oleracea L. convar.      Curly kale
      acephala (DC.) Alef. var.
      sabellica L.
      Brassica oleracea L. convar.      Cauliflower
      botrytis (L.) Alef. var. botry-
      tisL.
                                               32
 ---pagebreak---      Brassicapekjnensis (Lour.)         Chinese cabbage           88/380/EEC - A r t 7(20)
     Rupr.                                                        (adapted)
     Brassica oleracea L, convar.       Sprouting broccoli or ca- 72/418/EEC - Art. 6(15)
     botrytis (L.) Alef. var.cymo-      labrese                   (adapted)
     sa Duch.
     Cichorium intybus L. (par-         Witloof chicory           88/380/EEC - Art. 7(20)
     tim)                               large-leaved chicory      (adapted)
                                        (Italian chicory)
                                        Industrial chicory
     Citndlus lanatus (Thunb.)          Water melon               72/418/EEC - Art. 6(15)
     Matsum. et Nakai                                             (adapted)
     Foeniculum vulgare Miller          Fennel
     Scorzonera hispanica L.            Scorzonera or Black sal-
                                        sify
(b) to other species which are not normally reproduced
     or marketed in its territory.
                            Article 45
1. The Directives listed in Annex VI Part A, are hereby
repealed without prejudice to the obligations of the
Member States concerning the deadlines for transposition
of the said Directives set out in Annex VI Part B.
2. References to the repealed Directives shall be con-
strued as references to this Directive and should be read
in accordance with the correlation table set out in
Annex VTJ.
                             Article 46
This Directive shall enter into force the twentieth day fol-
lowing that of its publication in the Official Journal of the
European Communities.
                             Article 26
This Directive is addressed to the Member States.
 Done at Brussels,
                                                For the Council,
                                                  The President
                                                33
 ---pagebreak---                          ANNEX I                              70/458/EEC
     CONDITIONS FOR CROP CERTIFICATION
1. The crop shall have sufficient varietal identity and va-   Corrigendum, English Special Edition, p.77
   rietal purity.
2. In the case of basic seed, at least one official field
   inspection shall be carried out. In the case of certified
   seed, at least one field inspection shall be carried out,
   officially controlled by means of check inspection of
   at least 20% of the crop of each species.
3. The cultural condition of the field and the stage of
   development of the CTop shall be such as to permit
   varietal identity and varietal purity and health status    Corrigendum, English Special Edition, p.77
   to be adequately checked.
4. The minimum distances from neighbouring plants             Corrigendum, English Special Edition, p.77
   which might result in undesirable foreign pollination
   shall be:
   A.    Beta vulgaris                                       87/481//EEC - Art. 1(1)
         1. From any pollen sources of the           1000
              genus Rciu not included below.        metres;
         2. From pollen sources of varieties
              of the same subspecies belonging
              to a different group of varieties:
              (a) for basic seed                    1000
                                                   metres,
              (b) for certified seed                 600
                                                   metres;
        3.    From pollen sources of varieties
              of the same subspecies belonging
              to the same group of varieties:
              (a) for basic seed                     600
                                                   mettes,
              (b) for certified seed                 300
                                                   metres.
              The groups of varieties referred to in 2 and 3
              shall be determined in accordance with the
              procedure laid down in Article 42 (2).
   Bj Brassica species                                       70/458/EEC — 87/481/EEC Art. 1(2)
            From sources of foreign pollen li-
              able to cause serious deteriora-
              tion of varieties of Brassica spe-
              cies:
                                           34
 ---pagebreak---           (a) for basic seed                     1000      70/458/EEC
                                                metres,
          (b) for certified seed                  600
                                                metres;
           From other sources of foreign
          pollen liable to cross with vari-
          eties of Brassica species:
          (a) for basic seed                      500
                                                metres,
          (b) for certified seed                  300
                                                metres.
C.   Industrial chicory                                    88/380/EEC Art. 7(21)
     1.   From other species of the same         1000
          genera or subspecies                  metres;
     2.   From another variety of indus-
          trial chicory:
          - for basic seed                        600
                                                metres,
          - for certified seed                    300
                                                metres.
D.   Other species                                         70/458/EEC
      1. From sources of foreign pollen li-
          able to cause serious deteriora-
           tion of varieties of other species
          as a result of cross-fertilization:
          (a) for basic seed                      500
                                                metres,
          (b) for certified seed                  300
                                                metres;
     2.    From other sources of foreign
           pollen liable to cross with vari-
           eties of other species as a result
           of cross-fertilization:
          (a) for basic seed                      300
                                                metres,
          (b) for certified seed                  100
                                                metres.
     These distances can be disregarded if there is
     sufficient protection from any undesirable foreign
     pollination.
Diseases and harmful organism which reduce the use-
fulness of the seed shall be at the lowest possible level.
                                         35
 ---pagebreak---                          ANNEX II                            70/458/EEC
   CONDITIONS TO BE SATISFIED BY THE SEED
    The seeds shall have sufficient varietal identity and
    varietal, purity                                         Corrigendum, English Special Edition, p.77
    Diseases and harmful organisms which reduce the
    usefulness of the seed shall be at the lowest possible
    level.
3.  The seeds shall also satisfy the following conditions:
    (a)   Standards
                                            Maxi-    Mini-
                                 Mini-      mum
                                 mum                 mum
                                           content  germi-
                                analyti-  of seeds  nation
               Species            cal     of other (% clus-
                                 purity     plant   ters or
                                 (%by      species   pure
                                weight)     (%by     seed)
                                          weight)
     Allium cepa                  97         0,5      70
     Allium porrum                97         0,5      65
     Anthriscus cerefolium        96         1        70
     Apium graveolens             97         1        70
     Asparagus officinalis        96         0,5      70
     Beta vulgaris (Chelten-                                88/380/EEC - Art. 7(22)
     ham beet)                    97         0,5      70
     Beta vulgaris (other                                   88/380/EEC - Art. 7(22)
     than Cheltenham beet)        97         0,5      70
                                                    (clus-
                                                     ters)
     Brassica oleracea (cauli-                              87/120/EEC Art. 5(2)
     flower)                      97                  70
     Brassica oleracea (other                               87/120/EEC Art. 5(2)
     subspecies)                  97                  75
     Brassica pekinensis          97                  75    88/380/EEC Art. 7(23)
     Brassica rapa                97         1        80    70/458/EEC
     Capsicum annuum              97         0,5      65
     Cichorium intybus (par-                                88/380/EEC Art. 7(23)
     tim) (Witloof chicory.
     large-leaved      chicory
     (Italian chicory))           95         1,5      65
                                           36
 ---pagebreak---                                                      70/458/EEC
                                    Maxi-     Mini-
                           Mini-     mum
                           mum                mum
                                   content   germi-
                          analyti- of seeds
                            cal              nation
          Species                  of other (% clus-
                           purity   plant
                           (%by              ters or
                                   species    pure
                          weight)   (%by      seed)
                                   weight)
Cichorium intybus (par-                              88/380/EEC Art. 7(23)
tim) (industrial chicory)   97                 80
Cichorium endivia           95       1         65    70/458/EEC
Citndlus lanatus            98       0,1       75    79/641/EEC Art. 4(3)
Cucumis melo                98       0,1       75
Cucumis sativus             98       0,1       80
Cucurbita maxima            98       0,1       80    86/155/EEC Art. 6(9)
Cucurbita pepo              98       0,1        75   70/458/EEC
Cynara cardunculus          96       0,5        65   86/155/EEC Art 6(9)
Daucus carota               95        1         65   70/458/EEC
Foeniculum vulgare          96        1         70
Lactuca sativa              95       0,5        75
Lycopersicon lycopersi-                              79/641/EEC Art. 4(3)
cum                         97       0,5        75
Petroselinum crispum         97       1         65   79/641/EEC Art. 4(3)
Phaseolus coccineus          98       0,1       80
Phaseolus vulgaris           98       0,1       75
Pisum sativum                98       0,1       80
Raphanus sativus             97       1         70
Scorzonera hispanica         95       1         70
Solanum melongena            96       0,5       65
Spinacia oleracea            97       1         75
 Valerianella locusta        95       1         65
 Vicia faba                           0,1       80
                                    37
 ---pagebreak--- (b) Additional requirements                              70/458/EEC
    (i)  legume seed shall not be contaminated by the
         following live insects:
         Acanthoscelides obtectus Sag.
         Bruchus affinis Froel.
         Bruchus atomarius L.
         Bruchus pisorum L.
         Bruchus rufimanus Boh.
    (ii) seed shall not be contaminated by live Acarina.
                                        38
 ---pagebreak---                         ANNEX m                              70/458/EEC
1.  Maximum weight of a seed lot
    (a) Seeds of a size not less than that of a  20 metric
          grain of wheat                            tons
    (b) Seeds of a size smaller than a grain of  10 metric
          wheat                                     tons
   The maximum lot weight shall not be exceeded by           87/120/EEC - Art. 5(3)
   more than 5 %.
2. Minimum weight of a sample                                73/438/EEC - Art. 6(5)
   Species                                     Weight (in g)
   Allium cepa                                      25
   Allium porrum                                    20
   Anthriscus cerefolium                            20
   Apium graveolens                                   5
   Asparagus officinalis                           100
   Beta vulgaris                                   100
   Brassica oleracea                                25
   Brassica pekinensis                              20       88/380/EEC - Art. 7(24)
   Brassica rapa                                     20      73/438/EEC - Art. 6(5)
   Capsicum annuum                                   40
   Cichorium intybus (partim) (Witloof chico-                88/380/EEC - Art. 7(24)
   ry, large-leaved chicory (Italian chicory))      15
   Cichorium intybus (partim) (industrial                    88/380/EEC - Art. 7(24)
   chicory)                                         50
   Cichorium endivia                                15       73/438/EEC - Art. 6(5)
   Citrullus lanatus                               250       79/641/EEC - Art. 4(3)
   Cucumis melo                                    100
   Cucumis sativus                                  25
   Cucurbita maxima                                250       86/155/EEC - Art. 6(10)
   Cucurbita pepo                                  150       73/438/EEC - Art.. 6(5)
   Cynara cardunculus                               50       86/155/EEC - Art. 6(10)
   Daucus carota                                    10       73/438/EEC - Art. 6(5)
   Foeniculum vulgare                               25
   Lactuca sativa                                   10
   Lycopersicon tvcopersicum                        20       79/641/EEC - Art. 4(3)
                                           39
 ---pagebreak--- Petroselinum crispum                            10    73/438/EEC - Art. 6(5) — 79/641/EEC - Art 4(3)
Phaseolus coccineus                           1000
Phaseolus vulgaris                             700
Pisum sativum                                  500
Raphanus sativus                                50
Scorzonera hispanica                            30
Solanum melongena                               20
Spinacia oleracea                               75
Valerianella locusta                            20
Vicia faba                                    1000
In the case of F-l hybrid varieties of the above spe-
cies, the minimum weight of the sample may be de-
creased to a quarter of the specified weight. However
the sample must have a weight of at least 5 g and
consist of at least 400 seeds.
                                      40
 ---pagebreak---                         ANNEX IV                            70/458/EEC
                           Label
A. Official label 0>asic seed and certified seed, exclud-
   ing small packages)                                      Corrigendum, English Special Edition, p.77
   (a) Required information
        1.    TfEC rules and standards.'                    78/692/EEC - Art 7(6)
        2.    Certification authority and Member State or
             their initials.
        3.    Month and year of sealing expressed thus:
             'sealed../ (month and year),
             or
             month and year of the last official sampling
             for the purposes of certification expressed
             thus: 'sampled...' (month and year).
        4.   Reference number of lot
        5.   Species indicated at least in roman char-      88/380/EEC - Art 7(25)
              acters, under its botanical name, which may
             be given in abridged form and without the
              authorities' names, or its common name, or
             both.
        6.   Variety, indicated at least in roman cha-      88/380/EEC - Art 7(26)
             racters.
        7.    Category.
        8.   Country of production.
        9.    Declared net pr gross weight or declared
             number of seeds.
        10. Where weight is indicated and granulated
             pesticides, pelleting substances or other
              solid additives are used, the nature of the
              additive and also the approximate ratio be-
              tween the weight of clusters or pure seeds
              and total weight.
        11. In the case of varieties which are hybrids or   88/380/EEC - Art 7(27)
              inbred lines:
              — for basic seed where the hybrid or
                   inbred line to which the seed belongs
                   has been officially accepted under this
                   Directive:
                   the name of this component, under
                   which it has been officially accepted,
                   with or without reference to the final
                   variety, accompanied, in the case of hy-
                   brids or inbred lines which are in-
                    tended solely as components for final
                   varieties, by the word 'component',
                                           41
 ---pagebreak---            — for basic seed in other cases:              88/380/EEC - Art. 7(27)
                the name of the component to which
                the basic seed belongs, which may be
                given in code form, accompanied by a
                 reference to the final variety, with or
                without reference to its function (male
                or female), and accompanied by the
                word 'component',
           — for certified seed:
                the name of the variety to which the
                seed belongs, accompanied by the word
                "hybrid'.
     12. Where at least germination has been ret-        78/692/EEC - Art. 7(6)
           ested, the words 'retested . . .'; (month and
          year) may be indicated.
(b) Minimum dimensions                                   70/458/EEC
     110 x 67 mm
Supplier's label or inscription on the packages (stan-   Corrigendum, English Special Edition, p.77
dard seed and small packages of the category 'certi-
fied seed')
(a) Required information
     1.   TfEC rules and standards.'                     78/692/EEC - Art. 7(7)
     2.   Name and address of the person responsible
          for affixing the labels or his identification
          mark.
     3.   Marketing year of the sealing or of the last
          examination of germination. The end of the
          marketing year may be indicated.
     4.   Species, indicated at least in roman char-     88/380/EEC - Art. 7(28)
          acters.
     5.   Variety, indicated at least in roman char-     88/380/EEC - Art. 7(29)
          acters.
     6.   Category: in the case of small packages,
          certified seed may be marked with the letter
          ' C or 'Z' and standard seed with the letters
          'ST.
     7.   Reference number given by the person re-
          sponsible for affixing the labels - in the
          case of standard seed.
     8.   Reference number enabling the certified lot
          to be identified - in the case of certified
          seed.
                                       42
 ---pagebreak---     9.   Declared net or gross weight or declared    78/692/EEC - Art. 7(7)
         number of seeds, except for small packages
         of up to 500 grams.
    10. Where weight is indicated and granulated
         pesticides, pelleting substances or other
         solid additives are used, the nature of the
         additive and also the approximate ratio be-
        tween the weight of clusters or pure seeds
         and the total weight.
(b) Minimum dimensions of the label (excluding small 70/458/EEC
    packages)                                        Corrigendum, English Special Edition, p.77
    110 x 67 mm.
                                     43
 ---pagebreak---                           ANNEX V                             88/380/EEC - Art. 7(30)
  Label and document provided in the case of seed not
   finally certified, harvested in another Member State
A. Information required for the label
      —    authority responsible for field inspection and
           Member State or their initials,
      —    species, indicated at least in roman characters,
           under its botanical name, which may be given in
           abridged form and without the authorities'
           names, or under its common name, or both,
      — variety, indicated at least in roman characters,
      —    category,
      — field or lot reference number,
      —    declared net or gross weight,
      —    the words 'seed not finally certified'.
B. Colour of the label
      The label shall be grey.
C. Information required for the document
      —    authority issuing the document,
      —    species, indicated at least in roman characters,
           under its botanical name, which may be given in
           abridged form and without the authorities'
           names, or under its common name, or both,
      — variety, indicated at least in roman characters,
      —    category,
      —    reference number of the seed used to sow the
           field and name of the country or countries which
           certified that seed,
      — field lot or reference number,
      —    area cultivated for the production of the lot cov-
           ered by the document,
      —    quantity of seed harvested and number of pack-
           ages,
      —    attestation that the conditions to be satisfied by
           the crop from which the seed comes have been
           fulfilled,
      — where appropriate, results of a preliminary seed
           analysis.
                                             44
 ---pagebreak---                                            ANNEX VI
                                             Part A
                                      Repealed Directives
                                  (referred to by Article 45)
Directive 70/458/EEC
and its successive amendments
Directive 71/162/EEC          only Article 6
Directive 72/274/EEC          only concerning references made to Article 1 and 2
                              on the provisions of Directive 70/458/EEC
Directive 72/418/EEC          only Article 6
Directive 73/438/EEC          only Article 6
Directive 76/307/EEC          only Article 2
Directive 78/55/EEC           only Article 7
Directive 78/692/EEC          only Article 7
Directive 79/641/EEC          only Article 4
Directive 79/692/EEC          only Article 4
Directive 79/967/EEC          only Article 3
Directive 80/1141/EEC         only Article 2
Directive 86/155/EEC          only Article 6
Directive 87/120/EEC          only Article 5
Directive 87/481/EEC
Directive 88/332/EEC          only Article 8
Directive 88/380/EEC          only Article 7
Directive 90/654/EEC          only concerning references made to Article 2 and to
                              Annex II (I) (7) on the provisions of Directive
                              70/458/EEC
                                               45
 ---pagebreak---                                                              Part B
                                    Deadlines for transposition into national law
                                                (referred to by Article 45)
                          Directive                                                  Deadline for transposition
                                                                                   2
70/458/EEC (OJ No 225,12. 10.1970, p. 7)                            July 1972 ID ( )
71/162/EEC (OJ No L 87,17. 4.1971, p. 24)                           July 1972
72/274/EEC (OJ No L 171, 29. 7.1972, p. 37)                         July 1972 (Article 1)
                                                                    January 1973 (Article 2)
72/418/EEC (OJ No L 287, 26.12.1972, p. 22)                         January 1973 (Article 6 (13) and (18))
                                                                    July 1972 (other provisions)
73/438/EEC (OJ No L 356, 27.12.1973, p. 79)                         January 1974 (Article 6 (4))
                                                                    July 1974 (other provisions)
76/307/EEC (OJ No L 72,18. 3.1976, p. 16)                           July 1975
78/55/EEC (OJ No L16, 20.1.1978, p. 23)                             July 1977 (Article 7 (5))
                                                                    July 1979 (other provisions)
78/692/EEC (OJ No L 236, 26. 8.1978, p. 13)                         July 1977
79/641/EEC (OJ No L 183,19. 7.1979, p. 13)                          July 1980
79/692/EEC (OJ No L 205,13. 8.1979, p. 1)                           July 1977
79/967/EEC (OJ No L 293, 20.11.1979, p. 16)                         July 1982
80/1141/EEC (OJ No L 341,16.12.1980, p. 27)                         July 1980
86/155/EEC (OJ No L118, 7. 5.1986, p. 23)                           March 1986 (Article 6 (3) and (8))
                                                                    July 1987 (other provisions)
87/120/EEC (OJ     No  L 49,18. 2,1987, p. 39)                      July 1988
87/481/EEC (OJ     No  L 273, 26. 9.1987, p. 45)                    July 1989
88/332/EEC (OJ     No  L 151,17. 6.1988, p. 82)
88/380/EEC (OJ     No  L 187,16. 7.1988, p. 31)                     July 1982 (Article 7 (9))
                                                                    January 1986 (Article 7 (6) and (10))
                                                                    July 1992 (Article 7 (18))
                                                                    July 1990 (other provisions)
90/654/EEC (OJ No L 353,17.12.1990, p. 48)
W For Denmark, Ireland and the United Kingdom, 1 Jury 1973; for Greece, 1 January 1986; for Spain, 1 March 1986; and for
    Portugal, 1 January 1991.
(2) 1 January 1995 for Austria, Finland and Sweden.
    However:
    - Finland and Sweden may postpone until 31 December 1995 at the latest the application in their territories of this Directi-
        ve with regard to the marketing in their territories of seeds of varieties listed in their respective national catalogues of
        varieties of agricultural plant species and varieties of vegetable plant species which have not been officially accepted in
        accordance with the provisions of this Directive. Seeds of such varieties shall not be allowed to be marketed in the
        territory of the other Member States during this period;
    - varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are listed in both the
        respective national catalogues of Finland and Sweden and in the common catalogues, shall not be subject to any marketing
        restrictions as regards variety;
    - throughout the period mentioned in the first indent, those varieties in the respective national catalogues of Finland and
        Sweden which have been officially accepted in accordance with the provisions of the abovementioned Directive shall be
        included in the common catalogues of varieties of agricultural or vegetable plant species, respectively.
                                                                 46
 ---pagebreak---                             ANNEX VII
                        CORRELATION TABLE
Directive 70458/402/EEC          This Directive
Article 1                        Article 1, first subparagraph
Article 34                       Article 1, second subparagraph
Article 2 (1)                    Article 2 (1)
Article 2 (la)                   Article 2 (2)
Article 2 (lb)                   Article 2 (3)
Article 2 (lc)                   Article 2 (4)
Article 3                        Article 3
Article 4                        Article 4
Article 5                        Article 5
Article 6                        Article 6
Article 7                        Article 7
Article 8                        Article 8
Article 9 (1)                    Article 9 (1)
Article 9 (2)                    Article 9 (2)
Article 9 (2a)                   Article 9 (3)
Article 9 (3)                    Article 9 (4)
Article 10                       Article 10
Article 11                       Article 11
Article 12                       Article 12
Article 13                       Article 13
Article 13a                      Article 14
Article 14                       Article 15
Article 15                       Article 16
Article 16                       Article 17
Article 17                       Article 18
Article 18                       Article 19
Article 19                       Article 20
Article 20 (1)                   Article 21 (1)
Article 20 (la)                  Article 21 (2)
Article 20 (2)                   Article 21 (3)
Article 20 (3)                   Article 21 (4)
Article 20 (4)                   Article 21 (5)
Article 21                       Article 22
Article 22 '                     Article 23
Article 23                       Article 24
Article 24                       Article 25
Article 25                       Article 26
Article 26 (1)                   Article 27 (1)
Article 26 (la)                  Article 27 (2)
Article 26 (lb)                  Article 27 (3)
Article 26 (2)                   Article 27 (4)
Article 27                       Article 28
Article 28                       Article 29
Article 29                        Article 30
Article 29a                       Article 31
                                47
 ---pagebreak--- Article 30             Article 32
Article 31             Article 33
Article 32(1)          Article 34(1)
Article 32 (3)         Article 34 (2)
Article 33             Article 35
Article 35             Article 36
Article 36             Article 37
Article 37             Article 38
Article 38             Article 39
Article 39             Article 40
Article 40a            Article 41
Article 40             Article 42
Article 41             Article 43
Article 42             Article 44
                       Article 45
                       Article 46
                      Article 47
ANNEX 1(1)            ANNEX I (1)
ANNEX 1(2)             ANNEX I (2)
ANNEX 1(3)            ANNEX I (3)
ANNEX I (4) (A)       ANNEX I (4) (A)
ANNEX I(4)(Aa)        ANNEX I (4) (B)
ANNEX I (4) (Ab)       ANNEX I (4) (C)
ANNEX I(4)(B)         ANNEX I (4) (D)
ANNEX 1(5)            ANNEX I (5)
ANNEX II              ANNEXn
ANNEX m               ANNEX i n
ANNEX IV (A) (a 1)    ANNEX IV (A) (a 1)
ANNEX IV (A) (a 2)    ANNEX IV (A) (a 2)
ANNEX IV (A) (a 3)    ANNEX IY (A) (a 3)
ANNEX IV (A) (a 4)    ANNEX IV (A) (a 4)
ANNEX IV (A) (a 5)    ANNEX IV (A) (a 5)
ANNEX IV (A) (a 6)    ANNEX IV (A) (a 6)
ANNEX IV (A) (a 7)    ANNEX IV (A) (a 7)
ANNEX IV (A) (a 8)    ANNEX TV (A) (a 8)
ANNEX IV (A) (a 9)    ANNEX TV (A) (a 9)
ANNEX IV (A) (a 10)   ANNEX IV (A) (a 10)
ANNEX IV (A) (a 10a)  ANNEX IV (A) (a 11)
ANNEX IV (A) (a       ANNEX TV (A) (a 12)
ANNEX IV (A) (b       ANNEX IV (A) (b
ANNEX IV (B)          ANNEX IV (B)
ANNEX                 ANNEX V
         V
                      ANNEX VI
                      ANNEX VII
                     48
 ---pagebreak---          Proposal for a
   COUNCIL DIRECTIVE
on the marketing of cereal seed
     (consolidated version)
                  Uc°\
 ---pagebreak---                                EXPLANATORY MEMORANDUM
 1.    When considering how Community law could be made simpler and more transparent,
       Parliament, the Commission and the Council found themselves confronted with an
       over-abundance of legislative instruments which had been amended several times,
       often substantially, and unanimously agreed on the need for working method which
      would use legislative consolidation as a means of achieving greater clarity and trans-
       parency,                         j,
2.     On 1 April 1987 the Commission therefore decided to instruct its staff that all legis-
      lative measure should be consolidated after no more than ten amendments, stressing
      that this was a minimum requirement and that departments should endeavour to con-
      solidate at even shorter intervals the texts for which they were responsible, to ensure
      that the Community rules were clear and readily understandable.
3.    The conclusions of the Presidency of the Edinburgh European Council reaffirmed
      these points, stressing that "official codification is important because it provides legal
      security as to the law which is applicable at a certain moment concerning a specific
      issue." To ensure not only the quality and the legal security of the texts consolidated,
      it was also suggested that "a jointly acceptable accelerated working method should be
      sought allowing codified Community law (replacing existing legislation without chang-
      ing its substance) to be adopted in a speedy and efficient way".
4.    The proposed consolidated version of Council Directive 66/402/EEC of 14 June 1966
      on the marketing of cereal seed forms part of a much larger programme of consolida-
      tion of the provisions on seeds and propagating material for agriculture, horticulture
      and forestry. It has been drafted in accordance with the fundamental principles agreed
      by Council, Parliament and the Commission in 1974; it aims at legislative consolida-
      tion: the existing Directives would be replaced by one new one, which would leave
      their substance untouched but would assemble them into a single text, with only the
      formal amendments required by the operation itself t1). This codified text will serve as
      the basis for future legislative developments in this field.
5.    Certain provisions of Directive 66/402/EEC refer to "EEC standards".
      The Treaty on European Union replaced the expression "European Economic Com-
      munity" by "European Community" in the Treaty; the same should now be done in
      the above provisions.
      This may be regarded as a purely formal amendment, but the Member States must
      none the less transpose it into national legislation if firms are to use labels referring
      to the EC rather than EEC. Moreover, there could be a financial impact for these
      firms if they were required to begin using the new labels forthwith.
      For these reasons, and since consolidating directives do not need to be transposed, the
      original provisions being presumed to have transposed within the time allowed, it
     would appear possible to incorporate this amendment in the consolidation proposal
      as a purely formal adjustment
     The Commission will accordingly present a separate proposal for the amendment of
     Directive 66/402/EEC replacing "EEC" by "EC".
      This amendment and those already proposed to the Council will, following adoption, be
      incorporated in the consolidation proposal which should then be before the Council.
6.   This consolidation proposal was drawn up on the basis of a preliminary consolidation,
     in all the official languages, of Directive 66/402/EEC and the instruments amending it,
      carried out by the Office for Official Publications of the European Communities, by
     means of data-processing system referred to in the conclusions of the European Coun-
      cil meeting at Edinburgh. Although the articles have been given new numbers, the
      former number is printed alongside in each case for the reader's convenience; the
      correlation between the old and new numbers is shown in a table contained in Annex
      VII to the consolidated Directive.
    (;>    Annex VI, part A of this proposal.
                                                       so
 ---pagebreak---                                                Proposal for a
                                        COUNCIL DIRECTIVE        J.JEC   ns'fo^n £ c t ^
                                                     of
                                       on the marketing of cereal seed
     THE COUNCIL OF THE EUROPEAN UNION,
     Having regard to the Treaty establishing the European
     Community, and in particular Article 43 thereof,
     Having regard to the proposal from the Commission,
     Having regard to the opinion of the European Parlia-
     ment (l\
     Having regard to the opinion of the Economic and So-
     cial Committee (2),
1)   Whereas Council Directive 66/402/EEC of 14 June 1966
     on the marketing of cereal seed (3) has been frequently
     and substantially amended; whereas for reasons of clarity
     and rationality the said Directive should be consolidated;
2)   Whereas cereal production occupies an important place             66/402/EEC
     in the agriculture of the Community;
3)   Whereas satisfactory results in cereal cultivation depend
     to a large extent on the use of appropriate seed; whereas
     to this end certain Member States have for some time
     restricted the marketing of cereal seed to high-quality
     seed; whereas they have been able to take advantage of
     the systematic plant selection work carried out over sev-
     eral decades which has resulted in the development of
     sufficiently stable and uniform cereal varieties which, by
     reason of their characteristics, promise to be of great
     value for purposes in view;
4)   Whereas greater productivity will be obtained in Com-
     munity cereal cultivation if for the choice of varieties
     permitted to be marketed the Member States apply uni-
     form rules which are as stria as possible; whereas a              71/162/EEC
     common catalogue of varieties of agricultural plant
     species is therefore provided for in Council Directive            [70/457/EEC]
     95/.. TEC (4>;
 (1)   OJNoC...
 (2)  OJ No C . . .
 (3)  OJ No 125, 11.7. 1966, p. 2309/66; as last amended by Com-
      mission Directive 95/6/EC (OJ No L 67, 25. 3.1995, p. 30).
 (4)  See page . . . of this Official Journal.
 ---pagebreak---  5)    Whereas it is, however, justifiable to restrict marketing      66/402/EEC
       to certain varieties only if the farmer can be sure of
       actually obtaining seed of those varieties;
 6)   Whereas certain Member States have for this purpose
       been applying certification schemes which are intended
      by official verification to ensure the identity and purity
      of the varieties;
 7)   Whereas such schemes already exist at international
      level; whereas the Food and Agriculture Organisation of
      the United Nations has recommended minimum stan-
      dards for the certification of maize seed in European
      and Mediterranean countries; whereas, furthermore, the
      Organisation for Economic Co-operation and Develop-
      ment has established a scheme for the varietal certifi-
      cation of herbage seed moving in international trade;
 8)   Whereas it is desirable to establish a uniform certifi-
      cation scheme for the Community based on the experi-
      ence gained in the application of those schemes; whereas
      the Community scheme should therefore apply to
      marketing both in other Member States and on domestic
      markets;
 9) . Whereas, as a general rule, cereal seed should be al-
      lowed to be marketed only if it has been officially exam-
      ined and certified, in accordance with the rules for certi-
      fication, as basic seed or certified seed; whereas the
      choice of the technical terms "basic seed' and 'certified
      seed' is based on already existing international terminol-
      ogy;
10)   Whereas cereal seed which is not placed on the market       10.
      should not, in view of its minor economic importance, be
      subject to Community rules; whereas Member States
      must retain the right to make such seed subject to
      special provisions;
11)   Whereas, if certain species of seed are not normally re-        69/60/EEC
      produced or marketed in the territory of a Member
      State, provision should be made for release of that State,
      under the procedure of the Standing Committee on
      Seeds and Propagating Material for Agriculture, Horti-
      culture and Forestry, from the obligation to apply that
      Directive in respect of the species in question;
12)   Whereas Community rules should not apply to seed            11. 66/402/EEC
      shown to be intended for export to third countries;
13)   Whereas, in order to improve not only the genetic qual-     12.
      ity of Community cereal seed but also its external char-
      acteristics, certain conditions should be laid down as to
      analytical purity, germination and health status;
                                                            51
 ---pagebreak--- 14) Whereas it is appropriate to authorize the Member
    States, in certain circumstances, to admit for marketing
    seed of generation prior to basic seed derogating from
    the established principle that only seed officially certified
    as 'basic seed' or 'certified seed' are permitted to be
    marketed;
15) Whereas, in order to ensure identity of the seed, Com-        13.
    munity rules on packaging, sampling, sealing and mark-
    ing must be established; whereas to this end the labels
    should give the particulars needed both for official verifi-
    cation and for the information of the farmer and should
    clearly show the Community nature of the certification;
    whereas in the case of cereal seed provision should be         2. 73/438/EEC
    made for the possibility of special marking ccraœrning            (adapted)
    the presence of Avena fatua;
16) Whereas certain Member States need mixtures of cereal         14. 66/402/EEC
    seed of various species for special uses; whereas, in
    order to take these needs into account, Member States          +
    should be authorized to approve such mixtures provided
    that precautions are taken to guarantee that the quality       4. 79/692/EEC
    of the seed or of the final product is not affected;              (adapted)
17) Whereas, in order to ensure that both the requirements        15. 66/402/EEC
    as to the quality of the seed and the provisions for en-
    suring its identity are complied with during marketing,
    Member States must make provision for appropriate
    control arrangements;
18) Whereas seed satisfying these requirements should, with-      16.
    out prejudice to Article 36 of the Treaty, be subject to
    no marketing restrictions other than those provided for
    in Community rules, except in those cases where Com-
    munity rules provide for tolerances in respect of harmful
    organisms;
19) Whereas, restrictions include in particular the obligation    17. (adapted)
    of the Member States to restrict the marketing of seed
    to those varieties allowed by the common catalogue pro-
    vided for by Directive 95/.. ./EC;                                [70/457/EEC]
20) Whereas, subject to certain conditions, seed multiplied in    18.
    another country from basic se^ed certified in a Member
    State should be recognized as equivalent to seed multi-
    plied in that Member State;
                                                        53
 ---pagebreak--- 21)   Whereas, on the other hand, provision should be made       19.
     for authorizing the marketing within the Community of
     cereal seed harvested in third countries only if such seed
     affords the same assurances as seed officially certified in
     the Community and complying with Community rules;
22)  Whereas, during periods in which there are difficulties in  20.
     obtaining supplies of certified seed of the various cat-     +
     egories, seed of an inferior quality should be temporarily
     permitted to be marketed, and also seeds of varieties not       72/418/EEC
     included either in the common catalogue or in the               (adapted)
     national catalogue of varieties;
23)  Whereas, in order to harmonize the technical methods        21. 66/402/EEC
     of certification used in the Member States and to enable
     comparisons to be made between seed certified within
     the Community and that coming from third countries,
     Community test fields should be established in Member
     States to permit annual post-control of seed of the vari-
     ous categories of 'certified seed';
24)  Whereas for the exercise of implementation powers con-      22. (adapted)
     ferred on the Commission, it seems appropriate that the
     Commission be assisted by the Standing Committee on
     Seeds and Propagating Material for Agriculture, Horti-
     culture and Forestry, according to the Management
     Committee procedure provided for in Article 2 (H) of
     Council Decision 87/373/EEC ( J );
25)  Whereas this Directive must not effect the obligations of
     the Member States concerning the deadlines for trans-
     position of the Directives set out in Annex VI, part B,
     HAS ADOPTED THIS DIRECTIVE:
 (1)  OJ No L 197, 18.7.1987, p. 33.
                                                       t    -SM:
 ---pagebreak---                           Article 1
This Directive shall apply to cereal seed marketed within      66/402/EEC
the Community.
It shall not apply to cereal seed shown to be intended for                                  Article 18
export to third countries.
                          Article 2
1.   For the purposes of this Directive,
A.   'Cereals' means plants of the following species in-       72/418/EEC - Art 3 (1)
     tended for agricultural or horticultural production
     other than production for ornamental purposes:
     Avena sativa L.                         Oats            66/402/EEC
     Hordeum vulgare L.                      Barley          79/641/EEC - Art. 2 (1)
     Oryza sativa L.                         Rice            66/402/EEC
     Phalaris canadensis L.                  Canary grass   I 69/60/EEC - Art 2 (1)
     Secale céréale L.                       Rye             66/402/EEC
     Sorghum bicolor (L.) Moench              Sorghum        86/155/EEC - Art. 2 (1)
     Sorghum sudanense (Piper) Stapf.         Sudan grass
     X Triticosecale Wittm.                  Triticale       88/380/EEC - Art. 3 (1)
     Triticum aestivum L. emend. Fiori et                    79/641/EEC - Art. 2 (2)
     Paol.                                   Wheat
     Triticum durum Desf.                    Durum wheat
     Triticum spelta L.                      Spelt wheat    I 66/402/EEC
     Zea mays L. (partim)                    Maize except    71/162/EEC-Art 3 (1) - 87/120/EEC-Art. 3 (1)
                                             popcorn and
                                             sweet corn
     This definition shall also cover the following hybrids  86/320/EEC - Art 1 (1)
     resulting from the crossing of species referred to
     above.
                                            II <£S
 ---pagebreak--- Sorghum tricolor (L) Moench x               Hybrids resul- 86/320/EEC - Art. 1 (1)
                                           tm
Sorghum sudanense (Piper) Stapf               ê from the
                                        crossing       of
                                        Sorghum and
                                        Sudan grass.
Unless otherwise specified, seed of the aforemen-
tioned hybrids shall be subject to the standards or
other conditions applicable to seed of each of the
species from which they are derived;
'Varieties, hybrids and inbred lines of maize and Sor-      66/402/EEC - 86/155/EEC - Art. 2 (2)
ghum spp.':
(a) 'Open-pollinated variety' means a sufficiently
     uniform and stable variety;
(b) 'Inbred line' means a sufficiently uniform and
      stable line, obtained either by artificial self-fer-
      tilization accompanied by selection over several
      successive generations or by equivalent oper-
      ations;
(c) 'Simple hybrid' means the first generation of a
      cross, defined by the breeder, between two
     inbred lines;
(d) 'Double hybrid' means the first generation of a
      cross, defined by the breeder, between two
      simple hybrids;
(e) 'Triple-cross hybrid' means the first generation of     Corrigendum, English Special Edition p. 17.
      a cross, defined by the breeder, between an
      inbred line and a simple hybrid;
(f)   'Top Cross hybrid' means the first generation of
      a cross, defined by the breeder, between an
      inbred line or a simple hybrid and an open-polli-
      nated variety;
(g) 'Intervarietal hybrid' means the first generation
      of a cross, defined by the breeder, between
     plants grown from basic seed of two open-polli-
      nated varieties;
'Basic seed' (oats, barley, rice, canary grass, rye triti-  88/380/EEC - Art. 3 (3)
cale, wheat, durum wheat and spelt wheat, other than
hybrids in each case) means seed,
(a) which has been produced under the responsibility        66/402/EEC
      of the breeder according to accepted practices
      for the maintenance of the variety;
(b) which is intended for the production of seed
      either of the category 'certified seed' or of the
      categories 'certified seed, first generation' or
      'certified seed, second generation';
                                        *     S&
 ---pagebreak---     (c) which, subject to the provisions of Article 4 (1)    66/402/EEC
         (a), satisfies the conditions laid down in Annexes
         I and II for basic seed; and
   (d) which has been found by official examination to
        satisfy the abovementioned conditions;
D. 'Basic seed' (hybrids of oats, barley, rice, £ye_, wheat, 88/380/EEC - Art. 3 (4) - 89/2/EEC - Art. 1 (1)
   durum wheat and spelt wheat) means seed
   (a) which is intended for the production of hybrids;
   (b) which, subject to the provisions of Article 4,
        satisfies the conditions laid down in Annexes I
        and II for basic seed; and
   (c) which has been found by official examination to
        satisfy the abovementioned conditions;
E. 'Basic seed' (maize and Sorghum spp.):                    66/402/EEC - 86/155/EEC - Art 2 (3)
   1.   'Basic seed of open-pollinated varieties' means
        seed
        (a) which has been produced under the re-
              sponsibility of the breeder according to ac-
              cepted practices for the maintenance of the
              variety;
        (b) which is intended for the production of seed
              of this variety of the category 'certified
              seed' or of Top Cross hybrids or of interva-
              rietal hybrids;
        (c) which, subject to the provisions of Article 4,
              satisfies the conditions laid down in An-
              nexes I and II for basic seed; and
        (d) which has been found by official examin-
               ation to satisfy the abovementioned condi-
              tions;
   2.   'Basic seed of inbred lines' means seed
        (a) which, subject to the provisions of Article 4,
              satisfies the conditions laid down in An-
              nexes I and II for basic seed; and
        (b) which has been found by official examin-
              ation to satisfy the abovementioned condi-
              tions;
                                             *    ^>
 ---pagebreak---       'Basic seed of simple hybrids' means seed          66/402/EEC
      (a) which is intended for the production of
            double hybrids, Triple-cross hybrids or Top  Corrigendum, English Special Edition, p. 17.
            Cross hybrids;
      (b) which, subject to the provisions of Article 4,
            satisfies the conditions laid down in An-
            nexes I and II for basic seed; and
      (c) which has been found by official examin-
            ation to satisfy the abovementioned condi-
            tions;
'Certified seed' (canary grass, other than hybrids, rye, 88/380/EEC - Art. 3 (5) - 89/2/EEC - Art. 1 (2)
sorghurrif Sudan grass, maize and hybrids of oats,
barley, rice, wheat, durum wheat and spelt wheat)
means seed
(a) which has been produced directly from basic          69/60/EEC - Art 2 (3) - Corrigendum, English
      seed or, if the breeder so requests, from seed of  Special Edition, p. 29.
      a generation prior to basic seed which can satisfy
      and has been found by official examination to
      satisfy the conditions laid down in Annexes I and
      II for basic seed;
(b) which is intended for purposes other than the        66/402/EEC
      production of cereal seed;
(c) which, subject to the provisions of point (G) of
     Article 4 (1) and Article 4 (2), satisfies the
      conditions laid down in Annexes I and II for
      certified seed; and
(d) which has been found by official examination to
      satisfy the abovementioned conditions;
'Certified seed of the first generation' (oats, barley,  88/380/EEC - Art. 3 (6)
rice, triticale, wheat durum wheat and spelt wheat,
other than hybrids in each case) means seed
(a) which has been produced directly from basic          69/60/EEC - Art. 2 (4) - Corrigendum, English
      seed or, if the breeder so requests, from seed of  Special Edition, p. 29.
      a generation prior to basic seed which has been
      found by official examination to satisfy the
      conditions laid down in Annexes I and II for
      basic seed;
(b) which is intended either for the production of       66/402/EEC
      seed of the category 'certified seed, second gen-
      eration' or for purposes other than the produc-
      tion of cereal seed;
                                        n      S£
 ---pagebreak---       (c) which satisfies the conditions laid down in An-      66/402/EEC
           nexes I and II for certified seed of the first gen-
           eration; and
      (d) which has been found by official examination to
           satisfy the abovementioned conditions;
H. 'Certified seed of the second generation' (oats, barley,    88/380/EEC - Art. 3 (7)
     rice, triticale, wheat, durum wheat and spelt wheat,
      other than hybrids in each case) means seed
      (a) which has been produced directly from basic          69/60/EEC - Art. 2 (5) - Corrigendum, English
           seed, from certified seed of the first generation   Special Edition, p. 29.
           or, if the breeder so requests, from seed of a
           generation prior to basic seed which has been
           found by official examination to satisfy the
           conditions laid down in Annexes I and II for
           basic seed;
     (b) which is intended for purposes other than the         66/402/EEC
           production of cereal seed;
     (c) which satisfies the conditions laid down in An-
           nexes I and II for certified seed of the second
           generation; and
     (d) which has been found by official examination to
           satisfy the abovementioned conditions;
     'Official measures' means measures taken
     (a) by State authorities, or
     (b) by any legal person whether governed by public
           or by private law, acting under the responsibility
           of the State, or
     (c) in the case of ancillary activities which are also
           subject to State control, by any natural person
           duly sworn for that purpose,
     provided that the persons mentioned under (b) and
      (c) derive no private gain from such measures.
2 Amendments to be made to the list of species                 78/55/EEC - Art. 3 (1)
referred to in point A of paragraph 1 in the light of the
development of scientific or technical knowledge concern-
ing the names and hybrids resulting from the crossing of       88/380/EEC - Art. 3 (8)
species covered by this Directive shall be adopted in ac-
cordance with the procedure laid down in Article 22 (2).
3. Amendments to be made to point C, D, F, G and H             88/380/EEC - Art 3 (10)
of paragraph 1 for the purpose of including hybrids of ca-
nary grass, rye and triticale in the scope of this Directive
shall be adopted in accordance with the procedure laid
down in Article 22 (2).
                                            2      ^\
 ---pagebreak--- 4. The different types of varieties, including the compo-      88/380/EEC - Art. 3 (10)
nents, eligible for certification under the provisions of this
Directive, may be specified and defined in accordance with
the procedure laid down in Article 22 (2). In accordance
with the same procedure the definitions in point B of para-
graph 1 shall be adapted accordingly.
5_. Member States may be authorized in accordance with         78/55/EEC-Art. 3 (1) - 88/380/EEC-Art. 3 (9)
the procedure laid down in Article 22 (2) to permit, by
way of derogation from paragraph 1 under points G (a) or
H (a), to be certified as certified seed of the first gener-
ation or certified seed of the second generation seeds of
self-pollinating species which have been entered for certifi-
cation as basic seed and which have been produced from a
generation prior to basic seed but which has not been offi-
cially examined This provision shall not apply to hybrid
seeds. Certification as certified seed may occur only if this
is requested by the applicant for certification with the
agreement of the breeder and if an official post-control
test based on samples taken officially and carried out at
the latest during the growing season of the entered seed
shows that the seeds from the previous generation have
met the requirements for basic seed in respect of varietal
identity and purity. In this case the breeder shall, when the
samples are taken, state the total area which has been
under production of seeds of the previous generation.
These conditions may be amended in the light of
development of scientific or technical knowledge in
accordance with the procedure laid down in Article 22 (2).
Member States shall require that the official labels for
seeds marketed in accordance with the authorization
referred to in the first subparagraph be marked: 'passed
for marketing in . . . (Member State concerned) onh/; in
addition Member States may require in this case that the
official labels also be marked 'intended for further
multiplication only*.
6.    Member States may:                                       66/402/EEC
(a) include several generations in the basic seed category
      and subdivide this category by generation;
(b) provide that official examinations in respect of
      germination and analytical purity not be carried out
      on all lots during certification unless there is doubt
      whether the conditions laid down in Annex II in these
      respects have been satisfied.
                                             *2     Go
 ---pagebreak--- (c) during a transitional period of not more than three        69/60/EEC - A r t 2 (6)
      years after the entry into force of the laws, regula-
      tions or administrative provisions necessary to comply
      with this Directive, and by way of derogation from
      points F, G and H of paragraph 1, certify as certified
      seed seed which is of direct descent from seed offi-
      cially controlled in a Member State under the scheme
      in operation at that time and which affords the same
      assurances as basic seed certified in accordance with
      the principles of this Directive; this provision shall
      apply correspondingly to the certified seed of the first
      generation referred to in point H of paragraph 1.
                            Article 3
1. Without prejudice to the provisions of Directive            66/402/EEC
951.. ./EC, Member States shall provide that cereal seed       [70/457/EEC]
may not be placed on the market unless it has been offi-
cially certified as 'basic seed', 'certified seed', 'certified
seed, first generation' or 'certified seed, second generation'
and unless it satisfies the conditions laid down in Annex II.
2. Member States shall, for the purposes of certification
and marketing, fix the maximum moisture content of basic
seed and certified seed of all kinds.
3. Member States shall ensure that the official examin-
ations of seed are carried out in accordance with current
international methods, insofar as such methods exist.
4. Member States may provide for derogations from the
provisions of paragraphs 1 and 2:
(a) for bred seed of generations prior to basic seed;
(b) for tests or for scientific purposes;
(c) for selection work;
(d) for seed as grown, marketed for processing, provided
      that the identity of the seed is ensured.
                            Article 4
1. Member States may, however, by way of derogation
from the provisions of Article 3:
(a) authorize the official certification and marketing of
      basic seed which does not satisfy the conditions laid
      down in Annex II in respect of germination; to this
      end all necessary measures shall be taken to ensure
      that the supplier guarantees a specific germination
      which he shall state for marketing purposes on a
      special label bearing his name and address and the
      reference number of the seed lot;
                                              &    G\
 ---pagebreak--- (b) in order to make seed rapidly available, notwithstand-      66/402/EEC
      ing the fact that the official examination to check
      compliance with the conditions laid down in Annex n
      in respect of germination has not been concluded,
      authorize the official certification and marketing as
      far as the first buyer by way of trade of the categories
      'basic seed' or 'certified seed*. Certification shall be
      granted only on presentation of a provisional analyti-
      cal report on the seed and provided that the name
      and address of the first recipient are given; all necess-
      ary measures shall be taken to ensure that the
      supplier guarantees the germination ascertained at the
      provisional analysis; this germination shall be stated
      for marketing purposes on a special label bearing the
      name and address of the supplier and the reference
      number of the lot
These provisions shall not apply to seed imported from
third countries, save as otherwise provided in Article 16 in
respect of multiplication outside the Community.
2. In the case of maize seed, Member States may reduce
to 85 % the minimum germination required under
Annex II.
3. In the case of triticale seed intended for marketing in      88/380/EEC - Art. 3 (13)
their own territory, Member States may reduce to 80%
the minimum germination required under Annex n. If, in
such cases, triticale seed does not satisfy the conditions
laid down in Annex II in respect of germination, this fact,
and the fact that the seed is for marketing only in the
territory of the Member State concerned, shall be stated
on the label.
                            Article 5
Member States may, as regards the conditions laid down in       66/402/EEC
Annexes I and II, impose additional or more stringent re-
quirements for the certification of seed produced in their
own territory.
                            Article 6
Member States shall provide that the description of genea-      71/162/EEC - Art. 3 (2)
logical components which may be required is, if the
breeder so requests, treated as confidential.
                                              1*     C2_
 ---pagebreak---                            Article 7
1. Member States shall require that, for the checking of       66/402/EEC
varieties and inbred lines of maize and for the examination
of seed for certification, samples are drawn officially in ac-
cordance with appropriate methods.
2. For the examination of seed for certification, samples
shall be drawn from homogeneous lots; the maximum
weight of a lot and the minimum weight of a sample are
given in Annex III.
                           Article 8
1. Member States shall require that basic seed and certi-
fied seed of all categories be marketed only in sufficiently
homogeneous lojs, and in sealed packages bearing, as pre-      69/60/EEC - Art. 4 - Corrigendum, English
scribed in Articles 9 and 10, a sealing system and mark-       Special Edition, p. 17.
ings.
2. Member States may, for the marketing of small quan-
tities to the final consumer, provide for derogations from
the provisions of paragraph 1 in respect of packaging, seal-
ing and marking.
                           Article 9
1. Member States shall require that packages of basic          78/692/EEC - A r t 3 (1)
seed and certified seed of all categories be sealed officially
or under official supervision in such a manner that they
cannot be opened without damaging the sealing system or
without leaving evidence of tampering on either the official
label provided for in Article 10 (1) or the package.
In order to ensure sealing, 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
above shall not be necessary where a non-reusable sealing
system is used.
In accordance with the procedure laid down in Article 22
(2), it may be established whether a particular sealing sys-
tem complies with the provisions of this paragraph.
2. Packages which have been officially sealed shall not        69/60/EEC - Art. 5
be resealed, whether one or more times, except officially
or under official supervision. If packages are resealed, the   78/692/EEC - A r t 3 (2)
fact of resealing, the most recent date of resealing and the
authority responsible therefore shall be stated on the label
required under Article 10 (1).
3. Member States may provide for exceptions to para-           75/444/EEC - Art. 3 (1)
graph 1 in the case of small packages.
                                             23     Col
 ---pagebreak---                            Article 10
 1. Member States shall require that packages of basic          78/55/EEC - Art. 3 (2)
seed and certified seed of all categories:
(a) be labelled on the outside with an official label which
      has not previously been used, which satisfies the
      conditions laid down in Annex IV and on which the
      information is given in one of the official languages of
      the Community. The colour of the label shall be
      white for basic seed, blue for certified seed and for
      certified seed of the first generation and red for certi-
      fied seed of the second generation. When a label with
      a string-hole is used, its attachment shall be ensured
      in all cases with an official seal. If, in cases under
      point (a) of Article 4 (1) and Article 4 (2), the basic
      seed or maize seed does not satisfy the conditions laid
      down in Annex II in respect of germination, this fact
      shall be stated on the label. The use of official adhes-
      ive labels shall be authorized. In accordance with the
      procedure laid down in Article 22 (2), the indelible
      printing under official supervision of the prescribed
      information on the package according to the label's
      model may be authorized;
(b) contain an official document, in the same colour as
      the label, giving at least the information required
      under Annex IV (A) (a) (3), (5) and (6). This docu-
      ment shall be drawn up in such a manner that it can-
      not be confused with the official label referred to
      under (a). This document is not necessary if the in-
      formation is printed indelibly on the package or if, in
      accordance with the provisions under (a), an adhesive
      label or a label of non-tear material is used.
2. Member States may provide for exceptions to para-
graph 1 in the case of small packages where they are
marked: 'passed for marketing in . . . (Member State con-
cerned) only'.
                           Article 11
L. This Directive shall not affect the right of Member          66/402/EEC - 88/380/EEC - A r t 3 (14)
States to require that, in cases other than those provided
for in Article 4, packages of basic seed or certified seed of   Corrigendum, English Special Edition, p. 17.
all categories, whether the seed has been produced in their
own territory or imported, must, if the seed is to be
marketed within their territory, bear a supplier's label pj;    73/438/EEC - Art. 3 (2)
that seed lots complying with the special conditions
concerning the presence of Avena fatua laid down
according to the procedure provided for in Article 22 (21.
shall be accompanied by an official certificate attesting
compliance with these conditions.
                                              a     G <-!
 ---pagebreak--- 2. The label referred to in paragraph 1 shall be drawn          88/380/EEC - Art. 3 (15)
up in such a manner that it cannot be confused with the
official label referred to in Article 10 (1).
                           Article 12
Member States shall require that any chemical treatment         66/402/EEC
of basic seed or certified seed of all categories be noted      Corrigendum, English Special Edition, p. 17.
either on the official label or on the supplier's label and
on the package or inside it.                                    Corrigendum, English Special Edition, p. 17.
                           Article 13
1. Member States may permit seed of a species of cereal         79/692/EEC - Art. 2 (2)
to be marketed in the form of specific mixtures of seeds of
various varieties provided that scientific or technical
knowledge indicates that these mixtures are such as to be
particularly effective against the propagation of certain
harmful organisms and provided also that the components
of the mixture comply, before mixing, with the marketing
rules applicable to them.
2j Member States may authorize the marketing of cereal          66/402/EEC - 79/692/EEC - Art. 2 (3)
seed in the form of mixtures of seed of various species,        Corrigendum, English Special Edition, p. 17.
provided that the components of the mixture complied be-        Corrigendum, English Special Edition, p. 17.
fore mixing, with the marketing rules applicable to them.
3. The provisions of Articles 8, 9 and 11 shall apply, as       79/692/EEC - Art. 2 (3)
shall also those of Article 10, except that for mixtures the    Corrigendum, English Special Edition, p. 17.
label used shall be green.
                           Article 14                                                            Article 13 a
For the purpose of seeking improved alternatives to certain     88/380/EEC - Art. 3 (16)
elements of the certification scheme adopted under this
Directive, it may be decided to organize temporary
experiments under specified conditions at Community level
in accordance with the procedure laid down in Article
22 (2).
In the framework of such experiments, Member States may
be released from certain obligations laid down in this Di-
rective. 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.
                            Article 15                                                             Article 14
 1. The Member States shall ensure that basic seed and          66/402/EEC
 certified seed of all categories which have been officially     Corrigendum, English Special Edition, p. 17.
 certified and whose packages have been marked and sealed        78/55/EEC - Art. 3 (3) -
 officially or under official supervision as prescribed in this  Corrigendum, English Special Edition, p. 17.
 Directive are subject to no marketing restrictions as
 regards their characteristics, examination arrangements,        Corrigendum, English Special Edition, p. 17.
 marking and sealing other than those laid down in this
 Directive.
                                              &      GS
 ---pagebreak---  2. The Commission, in accordance with the procedure             Act of Accession DA IRL, UK - Art. 29.
 provided for in Article 22 (2), shall for the marketing of
 cereals seeds authorize, in respect of the whole or parts of
 the territory of one or more Member States, provisions
 which are more strict than those laid down in Annex II
 concerning the presence of Avena fatua in those seeds, if
 similar provisions are applied to the home production of
 those seeds and if there is a campaign to eradicate Avena
fatua from cereals grown in the region in question.
 3. Member States may restrict the marketing of certified        66/402/EEC
seed of oats, barley, rice, triticale. wheat or spelt to that of 88/380/EEC - Art. 3 (17)
the first generation.
4. Member States which have provided for exemptions              72/418/EEC - Art. 3 (3)
in accordance with the provisions of points (a) of Article 3
(4) shall ensure that bred seed of generations prior to ba-
sic seed are subject to no marketing restrictions on account
of their characteristics, examination arrangements, marking      Corrigendum, English Special Edition p. 106.
and sealing,
(a) if it has been officially checked by the competent           Corrigendum, English Special Edition p. 106.
      certification authority in accordance with the provi-
      sions applicable for the certification of basic seed,
(b) if it is packed in accordance with the provisions of
      this Directive, and
(c) if its packages bear an official label giving at least the   Corrigendum, English Special Edition p. 106.
      following particulars:
      — certification authority and Member State or their
            distinguishing abbreviation,
      — loi reference number,                                    Corrigendum, English Special Edition p. 106.
            month and year of sealing,                           78/692/EEC - Art. 3 (3)
            or
            month and year of the last official sampling for
            the purposes of certification,
     — species, indicated at least under its botanical           88/380/EEC - Art. 3 (18)
            name, which may be given in abridged form and
           without the authorities' names, in roman char-
            acters,
     — variety, indicated at least in roman characters,
            the description 'pre-basic seed',                    72/418/EEC - Art. 3 (3)
            number of generations preceding seed of the          Corrigendum, English Special Edition p. 106.
            categories 'certified seed or 'certified seed of the
            first generation'.
                                               IS    GU
 ---pagebreak--- The label shall be white with a diagonal violet line.             72/418/EEC-Art. 3 (3) - Corrigendum, English
                                                                  Special Edition p. 106
In accordance with the procedure laid down in Ar-                 88/380/EEC-Art. 3 (19)
ticle 22 (2), Member States may be released from the re-
quirement to indicate the botanical name in respect of
individual species and, where appropriate, for limited
periods where it has been established that the disadvan-
tages of its implementation outweigh the advantages ex-
pected for the marketing of seed.
                           Article 16                                                             Article 15
1.    The Member States shall provide that cereal seed            88/380/EEC - Art. 3 (20)
— which has been produced directly from 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
      point (b) of Article 17, or which has been produced
      directly from the crossing of basic seed officially certi-
      fied in a Member State with basic seed officially certi-
      fied in such a third country, and
— which has been harvested in another Member State,
shall, on request and without prejudice to the provisions of
Directive 95/.. TEC, be officially certified as certified seed    [70/457/EEC]
in any Member State if that seed has undergone field in-
spection satisfying the conditions laid down in Annex I for
the relevant category and if official examination has shown
that the conditions laid down in Annex II for the same
category are satisfied.
Where in such cases the seed has been produced directly
from officially certified seed of generations prior to basic
seed, Member States may also authorize official
certification as basic seed, if the conditions laid down for
that category are satisfied.
2. Cereal seed which has been harvested in another
 Member State, and which is intended for certification in
 accordance with the provisions laid down in paragraph 1,
shall
— be packed and labelled with an official label satisfying
      the conditions laid down in Annex V (A) and (B), in
      accordance with the provisions laid down in Article 9
      (1), and
 — be accompanied by an official document satisfying the
      conditions laid down in Annex V (C).
                                               a c\
 ---pagebreak--- 3.    Member States shall also provide that cereal seed           88/380/EEC - Art. 3 (20)
— which has been produced directly from 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
      point (b) of Article 17, or which has been produced
      directly from the crossing of basic seed officially certi-
      fied in a Member State with basic seed officially certi-
      fied in such a third country, and
— which has been harvested in a third country,
shall, on request, be officially certified as certified seed in
any of those Member States where the basic seed was
either produced or officially certified, if the seed has
undergone field inspection satisfying the conditions laid
down in an equivalence decision made under point (a) of
Article 17 for the relevant category, and if official examin-
ation has shown that the conditions laid down in Annex II
for the same category are satisfied. Other Member States
may also authorize official certification of such seed.
                           Article 17                                                      Article 16
1. The Council, acting by a qualified majority on a               66/402/EEC
proposal from the Commission, shall determine whether:
(a) in the case provided for in Article 16, the field in-
     spections in the third country satisfy the conditions
     laid down in Annex I;
(b) cereal grain 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 basic seed, certified seed or certified
     seed of the first or second generation harvested with-
     in the Community and complying with the provisions
      of this Directive.
2. Paragraph 1 shall also apply in respect of any new             72/274/EEC - Art. 2
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 Di-
rective.
                                              33    (oK
 ---pagebreak---                           Article 18
                                                                                             Article 17
1. In order to remove any temporary difficulties in the      72/418/EEC - Art. 3 (4)
general supply of basic seed or certified seed of any cat-
egory that occur in one or more Member States and can-
not be overcome within the Community, one or more
Member States may be authorized, in accordance with the
procedure laid down in Article 22 (2), to permit, for a
specified period, the marketing of seed of a category
subject to less stringent requirements, or of seed varieties
not included in the common catalogue or in their national
catalogues of varieties.
2. For a category of seed of any given variety or inbred     66/402/EEC
line, the official label shall be that provided for the
corresponding category; in all other cases it shall be
brown. The label shall always state that the seed in         69/60/EEC - Art. 9
question is of a category satisfying less stringent
requirements.
3. Rules for the application of paragraph 1 may be           83/332/EEC - Art. 3
adopted in accordance with the procedure laid down in
Article 22 (2).
                          Article 19
lj Member States shall make suitable arrangements for        66/402/EEC - 72/418/EEC - Art. 3 (5)
cereal seed to be officially verified during marketing, at
least by sampling, as regards its compliance with the re-
quirements of this Directive.
2. Member States shall take all necessary measures to        72/418/EEC - Art. 3 (6)
ensure that the following particulars are presented during
the marketing of quantities exceeding 2 kg of seed coming
from another Member State or from a third country:
 (a) species,
 (b) variety,
 (c)  category,
 (d) country of production and official control authority,
(e) country of dispatch,
 (f)  importer,
 (g) quantity of seed.
The manner in which these particulars must be presented
may be determined in accordance with the procedure laid
 down in Article 22 (2).
                                           2?    (^
 ---pagebreak---                           Article 20
 1. Community comparative tests shall be carried out          71/162/EEC - Art. 3 (5)
within the Community for the post-control of samples of
basic seed, with the exception of that of hybrid or synthetic
varieties, and of certified seed of all categories of cereal,
 taken during sampling. Satisfaction of the conditions with
which the seed must comply may be checked during the
post-conorol tests. The arrangements for holding the tests
and their results shall be submitted to the Committee
referred to in Article 22.
2. These comparative tests shall, be used to harmonize        66/402/EEC
the technical methods of certification so as to obtain re-
sults which are equivalent. As soon as this aim is achieved,
annual progress reports shall be made on the tests and
sent in confidence to the Member States and to the Com-
mission. The Commission, acting in accordance with the
procedure laid down in Article 22 (2), shall set the date
for the first report.
3. The Commission, acting in accordance with the
procedure laid down in Article 22 (2), shall make the
necessary arrangements for the comparative tests to be
carried out. Cereal seed harvested in third countries may
be included in the comparative tests.
                          Article 21                                                  Article 21 a
Amendments to be made to the content of the Annexes in        73/438/EEC - Art. 3 (4)
the light of the development of scientific or technical
knowledge shall be adopted according to the procedure
laid down in Article 22 (2).
                          Article 22                                                   Article 21
1. The Commission shall be assisted by the Standing           87/373/EEC
Committee on Seeds on Propagating Material for Agricul-       (adapted)
ture, Horticulture and Forestry set up by Council Decision
66/399/EEC 0).
2. The representative of the Commission shall submit a
draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which
the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority
laid down in Article 148 (2) of the Treaty in the case of
decisions which the Council is required to adopt on a pro-
posal from the Commission. The votes of the representa-
tives of the Member States within the Committee shall be
weighted in the manner set out in that Article. The chair-
man shall not vote.
  <!) OJ No 125,11. 7.1966, p. 2289/66.
                                            22-   ^O
 ---pagebreak--- The Commission shall adopt measures which shall apply          87/373/EEC
immediately. However, if these measures are not in accord-     (adapted)
ance with the opinion of the Committee, they shall be
communicated by the Commission to the Council forth-
with. In that event, the Commission may defer application
of the measures which it has decided for a period of not
more than one month from the date of such communica-
tion.
The Council, acting by a qualified majority, may take a
different decision within the time limit referred to in the
second subparagraph.
3. The Committee, on request by the chairman or of             66/399/EEC - Art 2
one of the Member States, may examine any questions rel-       (adapted)
evant to the subject matter of this Directive.
                         Article 23                                                         Article 21 b
Amendments to be made to the content of the Annexes in         88/380/EEC - Art. 3 (21)
order to establish the conditions to be satisfied by the crop
and the seed of hybrids of oats, barley, rice, wheat, durum
wheat, spelt wheat and other species for which hybrids are
included in the scope of this Directive pursuant to
Article 2 (3) and the conditions to be satisfied by the crop
and the seed of cross-pollinating varieties of triticale shall
be adopted according to the procedure laid down in
Article 22 (2).
                         Article 24                                                            Anicie_22
Save as otherwise provided in Annex II (3) in respect of       66/402/EEC - 88/380/EEC - Art. 3 (22)
tolerances for harmful organisms, 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 23 a
                         Article 25
 Upon application by a Member State, which will be dealt       88/380/EEC - Art. 3 (23)
with as provided in Article 22 (2), that State may be whol-
ly or partially released from the obligation to apply the
provisions of this Directive, with the exception of
 Article 15 (1):
 (a) in respect of the following species:
       — canary grass,
       — sorghum,
       — Sudan grass;
 (b) in respect of other species which are not normally re-
       produced or marketed in its territory.
                                             W      }V
 ---pagebreak---                          Article 26
1. The Directives listed in Annex VI Part A, are hereby
repealed without prejudice to the obligations of the Mem-
ber States concerning the deadlines for transposition of the
said Directives set out in Annex VI Part B.
2. References to the repealed Directives shall be
construed as references to this Directive and should be
read in accordance with the correlation table set out in
Annex VII.
                         Article 27
This Directive shall enter into force the twentieth day fol-
lowing that of its publication in the Official Journal of the
European Communities.
                         Article 28
This Directive is addressed to the Member States.
Done at Brussels,
                                           For the Council,
                                              The President
                                            2*    r2
 ---pagebreak---                        ANNEX I                              78/387/EEC - Art. 1 (1)
CONDITIONS TO BE SATISFIED BY THE CROP
 The previous cropping of the field shall not have been
 incompatible with the production of seeds of the
 species and variety of the crop, and the field shall be
 sufficiently free from such plants which are volunteers
 from previous cropping.
 The crop shall conform to the following standards as
 regards distances from neighbouring sources of pollen
 which may result in undesirable foreign pollination
 and in particular, in the case of sorghum, from            86/155/EEC - Art. 2 (5)
 sources of Sorghum halepense:
                     Crop                     Minimum
                         P                     distance
                       Ï                           2
  Phalariscanariensis, Secalecereale other                 95/6/EC - Art 1
   than hybrids-
  — for the production of basic seed            300 m
  — for the production of certified seed        250 m
                                                           86/155/EEC - Art. 2 (6)
  Sorghum spp.                                   300 m
                                                           88/380/EEC - Art. 3 (24)
   Triticosecale, se If-pollinating varieties
  — for the production of basic seed             50 m
  — forthe production of certifiedseed           20 m
  Zea mays                                      200 ra     78/387/EEC - Art. 1 (1)
 These distances can be disregarded if there is
 sufficient protection from any undesirable foreign
 pollination.
 The crop shall have sufficient varietal identity and
 varietal purity or, in the case of a crop of an inbred
 line of Sorghum spp. and Zea mays, sufficient identity     86/155/EEC - Art. 2 (7)
 and purity as regards its characteristics.
 For the production of seed of hybrid varieties of
 Sorghum spp. and Zea mays, the abovementioned              86/155/EEC - Art 2 (7)
 provisions shall also apply to the characteristics of the
 components, including male sterility or fertility
 restoration.
 In particular, crops of Oryza sativa. Phalaris canarien- 87/120/EEC - Art. 3 (2)
 sis, Secale cereale other than hybrids-. Sorvhum SPP. 95/6/EC - Art 1 — 86/155/EEC - Art 2 (7)
 and Zea mays shall conform to the following stan-
 dards or other conditions:
                                           2*  r-3
 ---pagebreak--- A. Phalaris canadensis and Secale cereale other than 78/387/EEC - Art 1 (1) — 95/6/EC - Art. 1
   hybrids--
   the number of plant of the crop species, which
   are recognizable as obviously not being true to
   the variety shall not exceed:
   — one per 30 m2 for the production of basic
        seed,
   — one per 10 m2 for the production of certi-
        fied seed.
B. Zea mays:
   (a) the percentage by number of plants which
        are recognizable as obviously not being true
        to the variety, to the inbred line, or to the
        component shall not exceed:
          (aa) for the production of
               basic seed:
               (i) inbred Unes,                 0,1 %
               (ii) simple hybrid, each
                     component,                 0,1 %
               (iii) open-pollinated
                     varieties,                 0,5 %
          (bb) for the production of
               certified seed:
               (i) hybrid varieties
                     component:
                     — inbred lines,            0,2 %
                     —    simple hybrid,        0,2 %
                     — open-polli-
                          nated variety,          1,0%
               (ii) open-pollinated
                     varieties,                  1,0 %
   (b) the following other standards or conditions
        shall be satisfied for the production of seed
        of hybrid varieties:
         (aa) a sufficient pollen shall be shed by the
              plants of the male component while
              the plants of the female component are
              in flower;
         (bb) where appropriate, emasculation shall
              be carried out;
         (cc) where 5 % or more of the female
              component plants have receptive
              stigmas, the percentage of female
              component which have shed pollen or
              are shedding pollen shall not exceed:
                    1 % at any           official    field
                    inspection, and
                    2 % at the total of the official
                    field inspections.
                                       "»     TH
 ---pagebreak---              Plants are considered as having shed      78/387/EEC - Art. 1 (1)
             pollen or shedding pollen where, on 50
             mm or more of the central axis or lat-
             erals of a panicle, the anthers have
             emerged from their glumes and have
             shed or are shedding pollen.
C. Sorghum spp.                                        86/155/EEC - Art. 2 (8)
   (a) the percentage by number of plants of a
       Sorghum species other than the crop species
       or plants which are recognizable as obvious-
       ly not being true to the inbred line or to
       the component shall not exceed:
         (aa) for the production of
               basic seed
               (i) at flowering:            0,1 %,
               (ii) at maturity:            0,1 %,
         (bb) for the production of
               certified seed
               (i) plants of the male
                     component which
                     have shed pollen
                     when the plants of
                     the female compo-
                     nenthavereceptive
                     stigmas: %,            0,1 %,
               (ii) plants of the female
                     component
                     — at flowering:        03 %,
                     — at maturity:         0,1 %,
   (b) the following standards or other conditions
       shall be satisfied for the production of certi-
       fied seed of hybrid varieties:                  86/320/EEC - Art. 1 (2)
       (aa) sufficient pollen shall be shed by the
             plants of the male component while
             the plants of the female component
             have receptive stigmas;
       (bb) where plants of the female component
             have receptive stigmas, the percentage
             of plants of that component which
             have shed pollen or are shedding
             pollen shall not exceed 0,1 %;
   (c) crops of open pollinated varieties or syn-      86/320/EEC - Art. 1 (3)
        thetic varieties of Sorghum spp. shall con-
       form to the following standards: the number
        of plants of the crop which are recognizable
        as obviously not being true to the variety
        shall not exceed:
        — one per 30 m2 for the production of
             basic seed,
        — one per 10 m2 for the production of
              certified seed.
                                       m
 ---pagebreak---    D. Oryza sativa:                                           87/120/EEC - Art. 3 (3)
       the number of plants which are recognizable as
       obviously being wild plants or red-grain plants
       shall not exceed:
       — 0 for the production of basic seed,
       —     1 per 50 m2 for the production of certified
             seed.
4. Hybrids of rye.                                            95/6/EC - Art. 1
   (a) The crop shall conform to the following stan-
       dards as regards distances from neighbouring
       sources of pollen which may result in undesirable
       foreign pollination.
                          CTOD                    Minimum
                             ^                     distance
                            i                         2
        — for the production of basic seed
            — where the male sterility is
                used                                 1 000 m
            — where male sterility is not
                used                                   600 m
        — for the production of certified
            seed                                       500 m
   (b) The crop shall have sufficient identity and purity
       as regards the characteristics of the components,
       including male sterility.
       In particular, the crop shall conform to the fol-
       lowing standards or other conditions:
       (i)   the number of plants or the crop species,
             which are recognizable as obviously not
             being true to the component shall not ex-
             ceed,
             — one per 30 m2 for the production of
                   basic seed,
             — one per 10 m2 for the production of
                   certified seed, this standard to apply in
                   official field inspections to the female
                   component only,
       (ii) in the case of basic seed, where male steril-
             ity is used, the level of sterility of the male-
             sterile component shall be at least 98 %.
   (c) Where appropriate, certified seed shall be pro-
       duced in mixed cultivation of a female male-ster-
       ile component with a male component which re-
       stores male fertility.
                                            # V>
 ---pagebreak--- 5. Harmful organisms which reduce the usefulness of the     78/387/EEC- Art. 1(1)
   seed, in particular Ustilagineae, shall be at the lowest
   possible level.
6. The satisfaction of the abovementioned standards or
   other conditions shall be examined in official field
   inspections.
   These field inspections shall be carried out in
   accordance with the following conditions:
   A. The condition and the stage of development of
        the crop shall permit an adequate examination.
   B.   The number of field inspections shall be at least:
        (a) for Avena sativa, Hordeum                       79/641/EEC - Art 2 (3)
              vulgare. Oryza sativa, Phalaris
             canariensis, Triticosecale. Tri-               88/380/EEC - Art. 3 (25)
             ticum aestivum, Triticum du-
             rum, Triticum spelta and Se-
             cale cereale: one;
        (b) for Sorghum spp. and Zea mays during the        86/155/EEC - Art. 2 (9)
              flowering season:
              (aa) open-pollinated
                    varieties: one,
              (bb) inbred lines or hybrids:
                    three.
              When the crop follows a Sorghum spp. and      86/155/EEC Art. 2 (9)
             Zea mays crop in either the preceding year
              or current year, at least one special field
              inspection shall be made to check the
              satisfaction of the provisions laid down in
             point 1 of this Annex.
   C.   The size, the number and the distribution of the
        portions of the field to be inspected in order to
        examine the satisfaction of the provisions of this
        Annex shall be determined in accordance with
        appropriate methods.
                                         » Vt
 ---pagebreak---                       ANNEX II                             78/387/EEC - Art 1 (2)
CONDITIONS TO BE SATISFIED BY THE SEED
 The seed shall have sufficient varietal identity and
 varietal purity, or in the case of seed of an inbred line
 of Sorghum spp. and Zea mays, sufficient identity and     86/155/EEC - Art 2 (10)
 purity as regards its characteristics. For the seed of
 hybrid varieties of Steak Cereak, Sorghum spp. and        95/6/EC - Art. 1
 Zea Mays, the abovementioned provisions shall also
 apply to the characteristics of the components.
 In particular, the seed of the species listed below shall
 conform to the following standards or other condi-
 tions:
 A. Avena sativa, Hordeum vulgare. Oryza sativa, Triti-79/641/EEC - Art. 2 (3)
      cum aestivum, Triticum durum, Triticum spelta
      other than hybrids in each case:                     88/380/EEC - Art 3 (27)
                                             Minimum
                   Category                varietal purity
                                                (%)
                        1                         2
        Basic seed                              99,9
        Certified seed, 1st generation          99,7
        Certified seed, 2nd generation          99,0
        The minimum varietal purity shall be examined
        mainly in field inspections carried out in accor-
        dance with the conditions laid down in Annex I.
 B.   Self-pollinating varieties of Triticosecale          88/380/EEC - Art. 3 (28)
                                             Minimum
                    Category               varietal purity
                                                (%)
                      . 1                         2
        Basic seed                              99,7
        Certified seed, 1st generation          99,0
        Certified seed, 2nd generation          98,0
        The minimum varietal purity shall be examined
        mainly in field inspections carried out in accor-
        dance with the conditions laid down in Annex I.
                                         & HZ
 ---pagebreak--- C.   Sorghum spp. and Zea mays:                         78/387/EEC-Art. 1 (2)-86/155/EEC-Art. 2 (11]
     Where for the production of certified seed of hy-
     brid varieties a female male-sterile component
     and a male component which does not restore
     male fertility have been used, the seed shall be
     produced:
     — either by mixing seed lots in a proportion
           appropriate to the variety where, on the one
           hand, a female male-sterile component has
           been used and, on the other, a female male-
          fertile component has been used,
     — or by growing the female male-sterile com-
           ponent and the female male-fertile compo-
          nent in a proportion appropriate to the var-
           iety. The proportion of these components
           shall be examined in field inspections car-
           ried out in accordance with the conditions
          laid down in Annex I.
D. Hybrids of rye                                       95/6/EC - Art 1
     Seed shall not be certified as certified seed un-
     less due account has been taken of the results of
     an official post-control test, on samples of basic
     seed taken officially and carried out during the
     growing season of the seed entered for certifi-
     cation as certified seed to ascertain whether the
     basic seed met the requirements for basic seed
     laid down in this Decision in respect of identity
     and purity as regards the characters of the com-
     ponents, including male sterility.
The seed shall conform to the following standards or    78/387/EEC-Art 1 (2)
other conditions as regards germination, analytical
purity and content of seeds of other plants species:
A. Table:
                                        9r\ "V>1
 ---pagebreak---                                                                                                                                                     78/387/EEC Art. 1 (2)
                                                      Maximum content by number of seeds of other plant species including red seeds of Oryza sativa
                                                               in a sample of the weight specified in column 4 of Annex III (total per column)
                                           Minimum                                                            Avena fatua,
                                 Minimum   analytical
                               germination                                                                        Avena       Raphanus
       Species and category                  purity                   Red seeds                      Plant
                                                      Other plant                     Other                       sterilis,     rapha-
                                (% of pure   (%by                        of                         species                                 Panicum
                                                        species                       cereal                      Avena        nistrum,
                                  seed)     weight)                  Oryza sativa                 other than                                   spp.
                                                          (a)                        species                   ludoviciana, Agrostemma
                                                                                                    cereals
                                                                                                                 Lolium        githago
                                                                                                               temulentum
                  1                                                                                                                             10
     Avena sativa, Hordeum                                                                                                                          79/641/EEC Art. 2(3)
     vulgare, Triticum aesti-
     vum, Triticum durum,
     Triticum spelta:
     — basic seed                   85         99          4                            1(b)                       0(c)
     — certified seed, 1st
         and 2nd generation         85£dJ      98          10                           7                           0(c)                            88/506/EEC - Art. 1 (1)
     Plialaris canariensis:
     — basic seed                   75         98          4                            1(b)                        0(c)
     — certified seed               75         98          10                           5                           0(c)
     Oryza sativa:
ç? $ — basic seed                   80         98          4                                                                                        87/120/EEC Art. 3(4)
     — certified seed, 1st ge-
         neration                   80         98          10                                                                                       87/120/EEC Art. 3(4)
     — certified seed, 2nd
         generation                 80         98          15                                                                                       87/120/EEC Art. 3(4)
     Secale cereale:
     — basic seed                   85         98          4                            1(b)                       0(c)
     — certified seed               85         98          10                           7                          0(c)
     Sorghum spp.                   80         98                                                                                                   86/155/EEC Art. 2(12)
     Triticosecale:                                                                                                                                 88/380/EEC Art. 3(29)
     — basic seed                   85         98          4                            1(b)                       0(c)
     — certified seed, 1st
         and 2nd generation         85         98          10                           7                          0(c)
     Zea mays                       90         98                                                                                                   78/387/EEC - Art. 1 (2)
 ---pagebreak---     B.   Standards or other conditions applicable where             78/387/EEC - Art. 1 (2)
         reference is made to them in the table under
         Section 2 (A) of this Annex:
         (a) The maximum contents of seeds laid down
               in column 4 include also the seeds of the
              species in columns 5 to 10.
         (b) A second seed shall not be regarded as an
              impurity if a second sample of same weight
              is free from any seeds of other cereals
              species.
         (c) The presence of one seed of Avena fatua,
              Avena sterilis, Avena ludoviciana or Lolium
              temulentum in a sample of the prescribed
              weight shall not be regarded as an impurity
              where a second sample of the same weight
              is free from any seeds of these species.
         (d) in the case of varieties of Avena sativa               93/2/EEC - Art. 1
              which are officially classified as of the
              'naked oat' type the minimum germination
              capacity is reduced to 75 % of pure seed. In
              such a case the official label shall be en-
              dorsed 'minimum germination                capac-
              ity 75 %'.
3. Harmful organisms which reduce the usefulness of the             95/6/EC - Art. 1
   seed shall be at the lowest possible level.
   In particular, the seed shall conform to the following
   standards in respect of Claviceps purpurea (maximum
   number of sclerotia or fragments of sclerotia in a sam-
   ple of the weight specified in column 3 of Annex HI).
                 Category                  Claviceps purpurea
                      Î                             2
    Cereals other then hybrid rye:
    — basic seed                                    1
    — certified seed                                3
    Hybrids of rye:
    — basic seed                                    1
    — certified seed                                4(a)
    (a) The presence offivesclerotia or fragments of sclerotia in a
        sample of the prescribed weight shall be deemed to be in
        conformity with thestandaxds, where asecond sample of the
        same weight contains not more than four sclerotia or frag-
        ments of sclerotia.
                                             &l
 ---pagebreak---                                        ANNEX III                             78/387/EEC - Art. 1 (3)
                               LOT AND SAMPLE WEIGHTS
                                                            Weight of the
                                                              sample for
                                               Minimum         determi-
                                               weight of      nations  by
                                    Maximum
                                               a sample number pro-
                                    weight of
              Species                 a lot      to be       vided for in
                                    (tonnes)     drawn      columns 4 to
                                              from a lot 10 of Annex
                                                (grams) n (2) (A) and
                                                            Annex II (3)
                                                                (grams)
                  1                     2           3              4
 Avena sativa. Hordeum vulgare.
 Triticum aestivum, Triticum                                                79/641/EEC - A r t . 2 (3)
 durum, Triticum spelta, Secale
 cereale. Triticosecale                25.       1000              500      88/380/EEC-Art. 3 (30) - 87/120/EEC-Art 3 (5)
 Phalaris canariensis                  10          400             200
 Oryza sativa                          21          500             500      87/120/EEC - Art. 3 (5)
 Sorghum spp.                          10        1000     |         900   | 86/155/EEC - Art. 2 (13)
 Zea mays, basic seed of inbred                                             78/387/EEC - Art. 1 (3)
 lines                                 4(1         250             250      81/126/EEC-Art3
 Zea mays, basic seed other than
 of inbred lines; certified seed       40.       1000             1000      81/126/EEC - Art. 3
The maximum lot weight shall not be exceeded by more than 5 %.               87/120/EEC - Art. 3 (6)
                                                         34
 ---pagebreak---                       ANNEX TV                           66/402/EEC
                          Label
A. Required information
   (a) For basic seed and certified seed:
       1.   TEEC rules and standards.'                   69/60/EEC - Art. 13 (1)
       2.   Certification authority and Member State or
            their initials.
            Reference number of lot.                     66/402/EEC
            Month and year of sealing expressed thus:    78/692/EEC - Art. ? (4)
            'sealed ...' (month and year),
            or
            month and year of the last official sampling
            for the purposes of certification expressed
            thus: 'sampled . . . ' (month and year).
            Species, indicated at least under its botan- 66/402/EEC - 8S/3S0/EEC - Art. 3 (31)
            ical name, which may be given in abridged
            form and without the authorities' names, in
            roman characters.
            Variety, indicated at least in roman char-   88/380/EEC - Art 3 (33)
            acters.
       7.    Category.                                   66/402/EEC
       8.   Country of production.
       9.    Declared net or gross weight or declared    72/418/EEC - Art. 3 (7)
            number of seeds.                             Corrigendum, English Special Edition, p. 106.
       10. Where weight is indicated and granulated      75/444/EEC - Art. 3 (2)
             pesticides, pelleting substances, OT other
             solid additives are used the nature of the
             additive and also the approximate ratio be-
             tween the weight of pure seeds and the
             total weight.
                                           35
                                          S3>
 ---pagebreak---     11. In the case of varieties which are hybrids or    88/380/EEC - Art. 3 (34)
         inbred Unes:
          — for basic seed where the hybrid or
               inbred line to which the seed belongs
               has been officially accepted under
               Directive 95/.. ./EC:                     [70/457/EEC]
               the name of this component, under
               which it has been officially accepted,
               with or without reference to the final
              variety, accompanied, in the case of
               hybrids or inbred lines which are
               intended solely as components for final
              varieties, by the word 'component';
         — for basic seed in other cases:
               the name of the component to which
               the basic seed belongs, which may be
               given in code form, accompanied by a
              reference to the final variety, with or
              without reference to its function (male
               or female), and accompanied by the
              word 'component';
         — for certified seed:
               the name of the variety to which the
               seed belongs, accompanied by the word
               'hybrid'.
    12. Where at least germination has been ret-         78/55/EEC - Art. 3 (4)
         ested, the words 'retested... (month and
         year)' and the service responsible for such
         retesting may be indicated. Such informa-
         tion may be given on an official sticker at-
         tached to the official label.
    In accordance with the procedure laid down in        88/380/EEC - Art. 3 (32)
    Article 22 (2), Member States may be released
    from the requirement to indicate the botanical
    name in respect of individual species and, where
    appropriate, for limited periods where it has
    been established that the disadvantages of its im-
    plementation outweigh the advantages expected
    for the marketing of seed.
(b) For seed mixtures                                    66/402/EEC - Corrigendum, English Special
                                                         Edition, p. 17.
    1.   'mixture . . . ' (species or varieties).        88/380/EEC - Art. 3 (35) - Corrigendum,
                                                         English Special Edition, p. 17.
    2.   Authority responsible for           sealing and
         Member State.
    3.   Reference number of lot
    4.   Month and year of sealing expressed thus:       78/692/EEC - Art. 3 (5)
         'sealed ...' (year and month).
 ---pagebreak---            Species, category, variety, country of pro-    66/402/EEC
           duction and proportion by weight of each of
           the components; the names of the species       88/380/EEC - Art. 3 (36)
           and of the varieties shall be indicated at
           least in roman characters.
           Declared net or gross weight or declared       72/418/EEC - Art. 3 (8)
          number of seeds.                                Corrigendum, English Special Edition, p. 106.
       7.  Where weight is indicated and granulated       75/444/EEC - Art. 3 (2)
           pesticides, pelleting substances, or other
           solid additives are used the nature of the
           additive and also the approximate ratio be-
           tween the weight of pure seeds and the
          total weight.
           Where at least germination of all the com-     78/55/EEC - Art. 3 (5)
           ponents of the mixture has been retested,
           the words 'retested . . . . (month and year)'
           and the service responsible for such retest-
           ing may be indicated. Such information may
           be given on an official sticker attached to
           the official label.
       9.  'Marketing          permitted      exclusively 79/692/EEC - Art. 2 (4)
           in . . . ' (Member State concerned).
B. Minimum dimensions                                     66/402/EEC
   110 mm x 67 mm.
                                         91
 ---pagebreak---                           ANNEX V                               88/380/EEC - Art. 3 (37)
   Label and document provided in the case of seed not
   finally certified, harvested in another Member State
A.   Information required for the label
     —     authority responsible for field inspection and
           Member State or their initials,
     —     species, indicated at least under its botanical
           name, which may be given in abridged form and
           without the authorities' names, in roman char-
           acters,
     —     variety, indicated at least in roman characters; in
           the case of varieties (inbred lines, hybrids), which
           are intended solely as components for hybrid
           varieties, the word 'component' shall be added,
     —     category,
     —     in the case of hybrid varieties the word 'hybrid',
     —     declared net or gross weight,
     —     the words 'seed not finally certified'.
In accordance with the procedure laid down in Article
22 (2), Member States may be released from the require-
ment to indicate the botanical name in respect of individ-
ual species and, where appropriate, for limited periods
where it has been established that the disadvantages of its
implementation outweigh the advantages expected for the
marketing of seed.
B.   Colour of the label
     The label shall be grey.
C.   Information required for the document
     —     authority issuing the document,
     —     species, indicated at least under its botanical
           name, which may be given in abridged form and
           without the authorities' names, in roman char-
           acters,
     —     variety, indicated at least in roman characters,
     —     category,
     —     reference number of the seed used to sow the
           field and name of the country or countries which
           certified that seed,
     — field or lot reference number,
                                              I8fc>
 ---pagebreak--- area cultivated for the production of the lot cov- 88/380/EEC - Art 3 (37)
ered by the document,
quantity of seed harvested and number of pack-
ages,
number of generations after basic seed, in the
case of certified seed,
attestation that the conditions to be satisfied by
the crop from which the seed comes have been
fulfilled,
where appropriate, results of a preliminary seed
analysis.
                                  39
 ---pagebreak---                                              ANNEX VI
                                                Part A
                                         Repealed Directives
                                     (referred to by Article 26)
Directive 66/402/EEC
and its successive amendments
Directive 69/60/EEC
Directive 71/162/EEC          only Article 3
Directive 72/274/EEC          only concerning references made to Articles 1 and 2
                              on the provisions of Directive 66/402/EEC
Directive 72/418/EEC          only Article 3
Directive 73/438/EEC          only Article 3
Directive 75/444/EEC          only Article 3
Directive 78/55/EEC           only Article 3
Directive 78/387/EEC
Directive 78/692/EEC          only Article 3
Directive 78/1020/EEC         only Article 2
Directive 79/641/EEC          only Article 2
Directive 79/692/EEC          only Article 2
Directive 81/126/EEC          only Article 3
Directive 81/561/EEC
Directive 86/155/EEC          only Article 2
Directive 86/320/EEC
Directive 87/120/EEC          only Article 3
Directive 88/332/EEC          only Article 3
Directive 88/380/EEC          only Article 3
Directive 88/506/EEC
Directive 89/2/EEC
Directive 90/623/EEC
Directive 90/654/EEC          only concerning references made to Article 2 and to
                              Annex II (I) (3) on the provisions of Directive
                              66/402/EEC
Directive 93/2/EEC
Directive 95/6/EC
                                                 &S
 ---pagebreak---                                                               Part B
                                        Deadlines for transposition into national law
                                                   (referred to by Article 26)
                         Directive                                               Deadline for transposition
66/402/EEC (OJ No 125,11. 7.1966, p. 2309/66)                  1 July 1968 (Article 14 (1))
                                                               1 July 1969 (other provisions) <*) <2> (3>
69/60/EEC (OJ No L 48,26. 2 1969, p. 1)                        1 July 1969 0>
71/162/EEC (OJ No L 87,17.4.1971, p. 24)                       1 July 1970 (Article 3 (4))
                                                               1 July 1972 (Article 3 (2))
                                                               1 July 1971 (other provisions) ^)
72/274/EEC (OJ No L 171, 29. 7.1972, p. 37)                    1 July 1972 (Article 1)
                                                               1 January 1973 (Article 2)
72/418/EEC (OJ No L 287, 26.12.1972, p. 22)                    1 July 1973
73/438/EEC (OJ No L 356, 27.12.1973, p. 79)                    1 July 1973 (Article 3 (3))
                                                               1 January 1974 (Article 3 (2) and (4))
                                                               1 July 1974 (other provisions)
75/444/EEC (OJ No L 196, 26. 7.1975, p. 6)                     1 July 1977
78/55/EEC (OJ No L 16, 20. 1.1978, p. 23)                      1 July 1979
78/387/EEC (OJ No L 113, 25. 4.1978, p. 13)                    1 July 1980
78/692/EEC (OJ No L 236, 26. 8.1978, p. 13)                    1 July 1977
78/1020/EEC (OJ No L 350,14.12.1978, p. 27)                    1 January 1979
79/641/EEC (OJ No L 183,19. 7.1979, p. 13)                     1 July 1980
79/692/EEC (OJ No L 205,13. 8.1979, p. 1)                      1 January 1980
81/126/EEC (OJ No L 67,12 3.1981, p. 36)                       1 July 1982
81/561/EEC (OJ No L 203, 23. 7.1981, p. 52)
86/155/EEC (OJ No L 118, 7. 5.1986, p. 23)                     1 July 1987
86/320/EEC (OJ No L 200, 23. 7.1986, p. 38)                    1 July 1987
87/120/EEC (OJ No L 49,18. 2.1987, p. 39)                      1 June 1988
88/332/EEC (OJ No L 151,17. 6.1988, p. 82)
88/380/EEC (OJ No L 187,16. 7.1988, p. 31)                     1 July 1982 (Article 3 (11))
                                                               1 July 1983 (Article 3 (12))
                                                               1 July 1992 (Article 3 (18), (31) and (37)) <4>
                                                               1 July 1992 (Article 3 (20))
                                                               1 July 1990 (other provisions)
88/506/EEC (OJ No L 274, 6.10.1988, p. 44)
89/2/EEC (OJ No L 5,7.1.1989, p. 31)                           1 July 1990
90/623/EEC (OJ No L 333, 30.11.1990, p. 65)
90/654/EEC (OJ No L 353,17.12.1990, p. 48)
93/2/EEC (OJ No L 54,5. 3.1993, p. 20)                         1 June 1993
95/6/EC (OJ No L 67,25. 3. 1995, p. 30)                        30 June 1995
(1) For Denmark, Ireland and the United Kingdom, 1 Jury 1973 for Article 14 (1), 1 Jury 1974 for the other provisions concerning
    basic seed and 1 Jury 1976 for the other provisions.
(2) 1 January 1986 for Greece, 1 March 1986 for Spain, and 1 January 1989 for Portugal concerning the marketing of cereal seed,
    for the secies Hordeum vulgare L., Oryza sativa L, Triticum aesthwn L. emend. Fieri et Paol, Triticum durum Desf. and Zea
    mays L and for the other species, 1 January 1991.
 ---pagebreak--- (3) 1 January 1995 for Austria, Finland and Sweden.
    However:
    — Finland shall be allowed to maintain its national scheme of seed production relating to the marketing, until 31 December
         1996 at the latest hi its territory of
        — seed which does not meet the requirements of the Directive in respect of the maximum number of generations of
             seed of the category 'certified seed* ('Valiosiemen'/'elitutsâde') and
        — seed of the category 'commercial seed' CKauppasiemenVhandelsutsade') as defined in the existing Finnish legislation;
    — Such seed shall not be introduced into the territory of other Member States. Finland shall adapt its legislation in this
        respect to comply with the relevant provisions of the Directive by the date of expiry of the above period;
    — Finland shall apply from the date of accession those provisions of the Directive which ensure access for material comply-
        ing with the Directive to marketing in its territory.
(4) In so far as these provisions require the botanical name of a species to be indicated on the label of seed.
                                                                  no
 ---pagebreak---                          ANNEX VII
                     CORRELATION TABLE
Directive 66/402/EEC          This Directive
Article                       Article 1,1st subparagraph
Article                       Article 1, 2nd subparagraph
Article 2 0)(A)               Article 2 (1 (A)
Article 2 0)(B)               Article 2 (1 (B)
Article 2 0)(C)               Article 2 (1 ( Q
Article 2 0)(Ca)              Article 2 (1 (D)
Article 2 0)(D)               Article 2 (1 (E)
Article 2 0)(E)               Article 2 (1 (F)
Article 2 0)(F)               Article 2(1 (G)
Article 2 (1)(G)              Article 2 (1 (H)
Article 2 0)(H)               Article 2 (1 (I)
Article 2 (la)                Article 2 (2
Article 2 (lb)                Article 2 (3
Article 2 (lc)                Article 2 (4
Article 2 (Id)                Article 2 (5
Article 2 (2)                 Article 2 (6
Article 3                     Article 3
Article 4                     Article 4
Article 5                     Article 5
Article 6                     Article 6
Article 7                     Article 7
Article 8                     Article 8
Article 9                     Article 9
Article 10                    Article 10
Article 11                    Article 11
Article 12                    Article 12
Article 13                    Article 13
Article 13 a                  Article 14
Article 14(1)                 Article 15 (1)
Article 14 (la)               Article 15 (2)
Article 14(2)                 Article 15 (3)
Article 14(3)                 Article 15 (4)
Article 15                    Article 16
Article 16                    Article 17 (1)
                              Article 17 (2)
Article 17                    Article 18
Article 19                    Article 19
Article 20                    Article 20
Article 21 a                  Article 21
Article 21                    Article 22
Article 21 b                  Article 23
Article 22                    Article 24
Article 23 a                  Article 25
                              Article 26
                              Article 27
                              Article 28
                            49
 ---pagebreak--- ANNEX I                       ANNEX I
ANNEX 1(1)                    ANNEX 1(1)
ANNEX 1(2)                    ANNEX 1(2)
ANNEX 1(3)                    ANNEX 1(3)
ANNEX I (3a)                  ANNEX 1(4)
ANNEX 1(4)                    ANNEX 1(5)
ANNEX 1(5)                    ANNEX 1(6)
ANNEX 11(1) (A)               ANNEX U ( 1 ) ( A )
ANNEX I I ( l ) ( A a )       ANNEX II(1)(B)
ANNEX II(1)(B)                ANNEX 11(1) (C)
ANNEX II(1)(C)                ANNEX H ( 1 ) ( D )
ANNEX 11(2)                   ANNEX 11(2)
ANNEX 11(3)                   ANNEX 11(3)
ANNEX m                       ANNEX in
ANNEX IV, Part A (a     1)    ANNEX IV, Part A    (1)
ANNEX IV, Part A (a     2)    ANNEX IV, Part A    (2)
ANNEX IV, Part A (a     3)    ANNEX IV, Part A    (3)
ANNEX IV, Part A (a     3a)   ANNEX IV.PartA      (4)
ANNEX IV, Part A (a     4)    ANNEX IV, Part A    (5)
ANNEX IV, Part A (a     5)    ANNEX IV, Part A    (6)
ANNEX IV, Part A (a     6)    ANNEX IV, Part A    (7)
ANNEX IV, Part A (a     7)    ANNEX IV.PartA      (8)
ANNEX IV, Part A (a     8)    ANNEX IV, Part A    (9)
ANNEX IV, Part A (a     8a)   ANNEX IV.PartA      (10)
ANNEX TV, Part A (a     9)    ANNEX IV, Part A    (H)
ANNEX IV, Part A (a     10)   ANNEX IV.PartA      (12)
ANNEX IV, Part A (b           ANNEX IV, Part A
ANNEX IV, Part A (b
                        1)
                              ANNEX IV.PartA
                                                  o:
                        2)                        (2)
ANNEX IV, Part A (b     3)    ANNEX IV.PartA      (3)
ANNEX IV, Part A (b     3a)   ANNEX IV.PartA      (4)
ANNEX IV, Part A (b     4)    ANNEX IV.PartA      (5)
ANNEX IV, Part A (b     5)    ANNEX IV.PartA      (6)
ANNEX IV, Part A (b     6)    ANNEX TV, Part A    (7)
ANNEX IV, Part A (b     7)    ANNEX IV,FartA      (81
ANNEX FV, Part A (b     8)    ANNEX IV.PartA
ANNEX IV, Part B              ANNEX IV, Part B
ANNEX V                       ANNEX V
                              ANNEX VI
                              ANNEX VTJ
                            "12
 ---pagebreak---                         Proposal for a
                  COUNCIL DIRECTIVE
on the common catalogue of varieties of agricultural plant species
                    (consolidated version)
                                  °l2>
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1. When considering how Community law could be made simpler and more transparent,
   Parliament, the Commission and the Council found themselves confronted with an
   over-abundance of legislative instruments which had been amended several times,
   often substantially, and unanimously agreed on the need for a working method which
   would use legislative consolidation as a means of achieving greater clarity and trans-
   parency.
2   On 1 April 1987 the Commission therefore decided to instruct its staff that all legis-
   lative measures should be consolidated after no more than ten amendments, stressing
   that this was a minimum requirement and that departments should endeavour to con-
   solidate at even shorter intervals the texts for which they were responsible, to ensure
   that the Community rules were clear and readily understandable.
3. The conclusions of the Presidency of the Edinburgh European Council reaffirmed
   these points, stressing that "official codification is important because it provides legal
   security as to the law which is applicable at a certain moment concerning a specific
   issue." To ensure not only the quality and the legal security of the texts consolidated,
   it was also suggested that "a jointly acceptable accelerated working method should be
   sought allowing codified Community law (replacing existing legislation without chang-
   ing its substance) to be adopted in a speedy and efficient way".
4. The proposed consolidated version of Council Directive 70/4571EEC of 29 September
   1970 on the common catalogue of varieties of agricultural plant species forms part of a
   much larger programme of consolidation of the provisions on seeds and propagating
   material for agriculture, horticulture and forestry. It has been drafted in accordance
   with the fundamental principles agreed by Council, Parliament and the Commission in
    1974; it aims at legislative consolidation: the existing Directives would be replaced by
   one new one, which would leave their substance untouched but would assemble them
   into a single text, with only the formal amendments required by the operation it-
   self t1). This codified text will serve as the basis for future legislative developments in
   this field.
6. This consolidation proposal was drawn up on the basis of a preliminary consolidation,
   in all the official languages, of Directive 70/457/EEC and the instruments amending it,
   carried out by the Office for Official Publications of the European Communities, by
   means of a data-processing system referred to in the conclusions of the European
    Council meeting at Edinburgh. Although the articles have been given new numbers,
   the former number is printed alongside in each case for the reader's convenience; the
   correlation between the old and new numbers is shown in a table contained in Annex
    II to the consolidated Directive.
   ^) Annex I, part A of this proposal.
 ---pagebreak---                                              Proposal for a
                                      COUNCIL DIRECTIVE -J..JEC
                                                                                       ^iS'fo322 (Ç\cc
                                                  of
                  on the common catalogue of varieties of agricultural plant species
    THE COUNCIL OF THE EUROPEAN UNION,
    Having regard to the Treaty establishing the European
    Community, and in particular Article 43 thereof,
    Having regard to the proposal from the Commission,
    Having regard to the opinion of the European Parlia-
    ment I1),
    Having regard to the opinion of the Economic and So-
    cial Committee (2)-
 1) Whereas Council Directive 70/457/EEC of 29 September
     1970 on the common catalogue of varieties of agricultur-
    al plant species (3) has been frequently and substantially
    amended; whereas for reasons of clarity and rationality
    the said Directive should be consolidated;
 2) Whereas the production of agricultural seed and young                    70/457/EEC
    plants occupies an important place in the agriculture of
    the Community;
 3) Whereas, for this reason, the Council has adopted Direc-                 (adapted)
    tives concerning respectively the marketing of beet seed
     (95/.. ./EC) (4), fodder plant seed (95/.. ./EC) (5), cereal            [66/400/CEE] - [66/401/CEE]
     seed (95/.. ./EC) (6), seed potatoes (95/.. ./EC) (7) and               [66/402/CEE] - [66/403/CEE]
     seed of oil and fibre plants (95/.. ./EC) (8);                          [69/208/CEE]
 4)  Whereas a common catalogue of varieties can be com-
     piled only on the basis of national catalogues;
 5)  Whereas all Member States should therefore compile
     one or more national catalogues of the varieties ac-
     cepted for certification and marketing in their territory;
(1) OJNoC...
(2) OJ No C ...
(3) OJ No L 225,12.10.1970, p. 1; as last amended by the Act of
    Accession AT, FI, SE.
(4) See page . . . of this Official Journal.
(5) See page . . . of this Official Journal.
(6) See page . . . of this Official Journal.
(7) See page . . . of this Official Journal.
(8) See page . . . of this Official Journal.
                                                         9^
 ---pagebreak---  6)  Whereas it is appropriate to take into consideration in-         79/692/CEE
     ternationally established rules for certain provisions re-       (adapted)
     lating to the acceptance of varieties at national level, the
     names of varieties, and the exchange of information be-
     tween Member States, and to strengthen the rules con-
     cerning the free marketing, as regards varier)', of seeds
    belonging to the varieties accepted in the Member
    States, in the case of certain species at least;
 7) Whereas these catalogues must be drawn up in accor-               70/45 7/CEE
    dance with uniform rules so that the varieties accepted
    will be distinct, stable and sufficiently uniform and that
    they will be of satisfactory value for cultivation and use;
 8) Whereas specific rules should be made as regards those            73/438/CEE
    varieties which, it has been established, cannot be grown         (adapted)
    in any part of the territory of a Member State;
 9) Whereas, in order to carry out the examinations for the           70/45 7/CEE
    acceptance of a variety, a large number of uniform crite-
    ria and minimum requirements must be laid down;
10) Whereas, furthermore, provisions relating to the length
    of time during which acceptance of a variety is to remain
    valid, to the grounds on which acceptance may be re-
    voked and to practices for maintenance of the variety
    must be standardized and whereas the Member States
    should inform one another of the acceptance and with-
    drawal of varieties;
11) Whereas all seed or propagating material of varieties             (adapted)
    which have been accepted in accordance with the prin-
    ciples of this Directive since the adoption of seed rules
    in one or more Member States should, after a certain
    time, be subject within the Community to no restrictions
    relating to variety; whereas all such seed or propagating
    material should be added to the common catalogue of
    varieties;
12) Whereas, however, Member States should be given the           10.
    right to express by means of a special procedure any ob-
    jections which they may have to a variety and to its in-
    clusion in the common catalogue of varieties as well as
    any objections on plant health grounds to a variety al-
    ready entered in that catalogue;
13) Whereas special provisions should be adopted to cover         11. (adapted)
    varieties which were accepted in an individual Member
    State in accordance with the principles of this Directive;
    whereas it seems justifiable to make their inclusion in
    this catalogue conditional upon their being of impor-
    tance for seed production;
14) Whereas the Commission should publish in the Official         12.
    Journal of the European Communities the varieties which
    are being added to the common catalogue of varieties of
    agricultural plant species;
15) Whereas provision should be made for measures recog-          13.
    nizing the equivalence of examinations and checks of va-
    rieties carried out in third countries;
                                                        $b
 ---pagebreak---     16)   Whereas, however, Community rules should not apply to     14.
          varieties the seed or propagating material of which are
          shown to be intended for export to third countries;
    17)   Whereas for the exercise of implementation powers con-    15. (adapted)
          ferred on the Commission, it seems appropriate that the
          Commission be assisted by the Standing Committee on
          Seeds and Propagating Material for Agriculture, Horti-
          culture and Forestry, according to the Management
          Committee procedure provided for in Article 2 (II) of
          Council Decision 87/373/EECt1);
    18)   Whereas this Directive must not affect the obligations of
          the Member States concerning the deadlines for trans-
          position of the Directives set out in Annex I, part B,
          HAS ADOPTED THIS DIRECTIVE:
(1)    OJNoL197,18.7. 1987, p. 33.
                                                          °>\
 ---pagebreak---                             Article 1
1. This Directive concerns the acceptance for inclusion        70/457/EEC
in a common catalogue of varieties of agricultural plant
species of those varieties of beet, fodder plant, cereal, po-
tato and oil and fibre plant the seed of which may be mar-
keted under provisions of the Directives concerning re-
spectively the marketing of beet seed (95/.. ./EC), fodder     [66/400/EEC]
plant seed (95/.. ./EC), cereal seed (95/.. ./EC), seed pota-  [66/401/EEC] - [66/402/EEC]
toes (95/.. ./EC), and seed of oil and fibre plants            [66/403/EEC]
(95/.. ./EC).                                                  [69/208/EEC]
2. The common catalogue of varieties shall be compiled
on the basis of the national catalogues of the Member
States.
3. This Directive shall not apply to varieties the seed or                                 Article 22
propagating material of which are shown to be intended
for export to third countries.
                           Article 2
For the purposes of this Directive 'official measures' means
measures taken:
(a) by State authorities, or
(b) by any legal person whether governed by public or by
      private law, acting under the responsibility of the
      State, or
(c)   in the case of ancillary activities which are also under
      State control, by any natural person duly sworn for
      that purpose,
provided that the persons mentioned under (b) and (c) de-
rive no private gain from such measures.
                           Article 3
1. Each Member State shall establish one or more cata-
logues of the varieties officially accepted for certification
and marketing in its territory. Any person may consult the
catalogues.
2. In the case of varieties (inbred lines, hybrids) which      88/380/EEC - Art. 6 (1)
are intended solely as components for final varieties, the
provisions of paragraph 1 apply only to the extent that the
seeds which belong to them are to be marketed under
their names.
The conditions under which the provisions of paragraph 1
shall also apply to other component varieties may be de-
termined in accordance with the procedure laid down in
Article 23 (2). In the case of cereals other than maize,
Member States may themselves apply those provisions to
other component varieties in respect of seed intended for
certification in their territories.
Component varieties shall be indicated as such.
                                              W
 ---pagebreak--- 3. Member States may provide that the acceptance of a        70/457/EEC
variety for inclusion in the common catalogue or in the
catalogue of another Member State is equivalent to
acceptance for inclusion in their own catalogues. If such
provision is made, the Member State shall be released
from the obligations provided in Article 7, Article 9 (3)
and Article 10 (2) to (5).
4. The Member States shall take all measures necessary
to ensure that official acceptances of varieties granted be-
fore 1 July 1972 in accordance with principles other than    72/418/EEC - Art. 7(1)
those of this Directive expire not later than 30 June 1980
if by that date the varieties in questions have not been
accepted in accordance with the principles of this Direc-
tive.
The dates shall be respectively:
— with regard to Spain, 1 March 1986 and 31 December         86/155/EEC-Art. 5(1)
      1990, in respect of the following species:             (adapted)
      Agrostis stolonifera
      Agrostis tenuis
      Phleum pratense
      Poa pratensis
      Hedysarum coronarium
      Lotus comiculatus
      Lupinus angustifolium
      Lupinus luteus
      Onobrychis viciifolia
      Trifolium alexandrium
      Trifolxum pratense
      Vicia villosa
      Brassica napus var. napobrassica
      Brassica oleracea convar. acephala
      Paphanus sativus ssp. oleifera og
      Arachis hypogaea;
— with regard to Denmark, Ireland and the United             Act of Accession DA, IRL, UK - Art 29
      Kingdom, 1 January 1973.                               (adapted)
With regard to the territory of the former German Demo-      90/654/EEC - Art 2.
cratic Republic, the dates — referred to in the first —      (adapted)
subparagraph are respectively those of 3 October 1990 and
31 December 1994 in respect of the varieties accepted by
the authorities of the former German Democratic Repub-
lic.
 This provision shall apply mutadis- mutandis to varieties
which have not been officially accepted but whose seed
had been marketed or sown in the territories prior to Ger-
 man unification.
                                            96
 ---pagebreak---  5. In accordance with the procedure laid down in Article      80/1141/EEC-Art. 1.
 23, the Member States may be authorized in respect of
 individual varieties to extend until 31 December 1982 at
 the latest the date of expiry provided for in paragraph 4,
in so far as, on 1 July 1980, the examination procedure
inititated foT these varieties prior to this date, with a view
to their acceptance under the provisions of this Directive,
has not yet been completed.
                            Article 4                          70/457/EEC
 1. Member States shall ensure that a variety is accepted
only if it is distinct, stable and sufficiently uniform. The
variety must be of satisfactory value for cultivation and
use.
2. Examination of the value for cultivation and use shall
not be required:
(a) for the acceptance of varieties of grasses if the
      breeder declares that the seed of his variety is not
      intended for the production of fodder plants;
(b) for the acceptance of varieties whose seed is to be
      marketed in another Member State which has already
      accepted the varieties, having regard to their value for
      cultivation and use.
(c) for the acceptance of varieties (inbred Unes, hybrids)     88/380/EEC - Art. 6 (2)
      which are intended solely as components for hybrid
      varieties satisfying the requirements of paragraph 1.
3. In the case of varieties to which point (a) of para-        88/380/EEC - Art. 6 (3)
graph 2 applies, it may be decided, in accordance with the
procedure laid down in Article 23 (2), and to the extent
that this is justified in the interest of free circulation of
seed within the Community, that the varieties have to be
shown by appropriate examination to be suitable for the
purpose for which they are declared to be intended. In
such cases, the conditions for the examination shall be de-
termined.
                            Article 5
1. A variety shall be regarded as distinct if, whatever the    79/692/EEC - Art. 3 (1)
origin, artificial or natural, of the initial variation from
which it has resulted, it is clearly distinguishable on one or
more important characteristics from any other variety
known in the Community.
The characteristics of a variety must be capable of precise
recognition and precise definition.
A variety known in the Community shall be any variety
which, at the time when the application for the acceptance
of the variety to be assessed is duly made, is:
—     either listed in the common catalogue of varieties of
      agricultural plant species or the catalogue of varieties
      of vegetable species,
                                                     \oO
 ---pagebreak---  —     or, without being listed in one of those catalogues,     79/692/EEC - Art. 3 (1)
       has been accepted or submitted for acceptance in the
       Member State in question or in another Member
       State, either for certification and marketing, or for
       certification for other countries,
 unless the      aforementioned conditions are no longer
fulfilled in   all the Member States concerned before the
 decision on   the application for acceptance of the variety to
be assessed     is taken.
2. A variety shall be regarded as stable if, after              70/457/EEC
successive propagation or multiplications or at the end of
each cycle (where the breeder has defined a particular
cycle of propagation or multiplications) it remains true to
the description of its essential characteristics.
3. A variety shall be regarded as sufficiently uniform if,
apart from a very few aberrations, the plants of which it is
composed are, account being taken of the distinctive
features of the reproductive systems of the plants, similar
or genetically identical as regards the characteristics, taken
as a whole, which are considered for this purpose.
4. The value of a variety for cultivation or use shall be
regarded as satisfactory if, compared to other varieties
accepted in the catalogue of the Member State in question,
its qualities, taken as a whole, offer, at least as far as
production in any given region is concerned, a clear
improvement either for cultivation or as regards the uses
which can be made of the crops or the products derived
therefrom. Where other, superior characteristics are
present, individual inferior characteristics may be
disregarded.
                            Article 6
Member States shall ensure that varieties coming from
other Member States are subject to the same require-
ments, in particular as regards the acceptance procedure,
as those which apply to domestic varieties.
                            Article 7
1. Member States shall provide that the acceptance of
varieties be based on the results of official examinations,
particularly growing trials, covering a sufficient number of
characteristics for the variety to be described. The methods
used for determining characteristics must be exact and
reliable. In order to establish distinctness, the growing       79/692/EEC - Art. 3 (2)
trials shall include at least the available comparable
varieties which are varieties known in the Community with-
in the meaning of Article 5 (1). For the purpose of
applying Article 9, other available comparable varieties
shall be included.
2. The following shall be fixed in accordance with the
procedure laid down in Article 23 (2), account being taken
of current scientific and technical knowledge:
(a) the characteristics to be covered as a minimum by the
       examinations of the various species;
(b) the minimum requirements for carrying out the
       examinations.
 ---pagebreak---  3. Where examination of the genealogical components is        70/457/EEC
 necessary in order to study hybrids and synthetic varieties,
 Member States shall ensure that the results of the examin-
 ation and the description of the genealogical components
 are, if the breeder so requests, treated as confidential.
                           Article 8
 Member States shall require that when lodging an applica-
tion for the acceptance of a variety, the applicant indicate
whether acceptance has already been applied for in
another Member State, which Member State was
concerned and whether the application was granted.
                           Article 9
1. Each Member State shall arrange for official publica-
tion of the catalogue of varieties accepted in its territory
and of the name of the person or persons responsible for
maintenance of the variety in its country. When several
persons are responsible for the maintenance of a variety,
the names need not be published. If the names are not
published, the catalogue shall indicate the authority
holding the list of names of persons responsible for
maintenance of the variety.
2. Member States shall, as far as possible, ensure at the
time of acceptance that the variety is known by the same
name in all Member States.
If it is known that seed or propagating material of a given
variety are marketed in another country under a different
name, that name shall also be indicated in the catalogue.
3. In taking into account the information available,           79/692/EEC - Art. 3 (3)
Member States shall also ensure that a variety which is not
clearly distinguishable:
— from a variety previously accepted in the Member
      State in question or in another Member State, or
— from another variety which has been assessed with
      regard to distinctness, stability and uniformity in
      accordance with rules corresponding to those of this
      Directive, without, however, being a variety known in
      the Community within the meaning of Article 5 (1),
bears the name of that variety. This provision shall not
apply if this name is likely to mislead or cause confusion
œncerning the variety in question, or if, pursuant to all the
provisions of the Member State concerned governing the
names of varieties, other facts prevent its utilization, or if
the rights of third parties impede the free use of that
name in connection with the variety in question.
                                            101
 ---pagebreak--- 4^ Member States shall compile a file on each variety          70/457/EEC - 79/692/EEC - Art. 3 (4)
accepted, containing a description of the variety and a
clear summary of all the facts on which the acceptance was
based. The description of the varieties shall relate to plants
produced directly from seed and young plants of the cat-
egory 'certified seed and propagating material'.
                          Article 10
1. Any application or withdrawal of an application for         79/692/EEC - Art. 3 (5)
acceptance of a variety, any entry in a catalogue of
varieties as well as any amendment thereto shall be
notified forthwith to the other Member States and the
Commission.
2. Member States shall, for each new variety accepted,         70/457/EEC
send the other Member States and the Commission a brief
description of its most important characteristics for use.
This provision shall not apply in the case of varieties        88/380/EEC - Art. 6 (4)
(inbred lines, hybrids^ which are intended solely as compo-
nents for final varieties. Thev shall, on request, also com-   72/418/EEC - Art. 7 (2)
municate the special qualities which enable the variety to
be distinguished from other similar varieties.
3. Each Member State shall make available to the other
Member States and the Commission the files referred to in
Article 9 (4) on the varieties which are accepted or which
have ceased to be accepted. Information exchanged con-
cerning these files shall be treated as confidential
4. Member States shall ensure that the acceptance files
are made available for the personal and exclusive use of
any person able to show a legitimate interest These provi-
sions shall not apply where the information must, under
Article 7 (3), be treated as confidential.
5. Where acceptance of a variety is refused or revoked,
the results of the examinations shall be made available to
persons affected by such decision.
                          Article 11
1. Member States shall provide that the varieties ac-
cepted must be maintained according to accepted practices
for the maintenance of the variety.
2. It must at all times be possible to check maintenance
from the records kept by the person or persons responsible
for the variety. These records shall also cover the produc-
tion of all generations prior to basic seed or propagating
material.
3. Samples may be requested from the person respon-
sible for the variety. Such samples may if necessary be
taken officially.
                                             1D3
 ---pagebreak--- 4. Where maintenance takes place in a Member State                70/457/EEC
other than the one in which the variety was accepted, the
Member States concerned shall assist each other adminis-
tratively as regards verification.
                              Article 12
1. Acceptance shall be valid until the end of the tenth
calendar year tollowing acceptance.
Acceptance of the varieties by the authorities of the             90/654/EEC - Art 2
former German Democratic Republic prior to German uni-
fication shall be valid until the end of the tenth calendar
year at the latest following their entry in the catalogue of
varieties drawn up by the Federal Republic of Germany in
accordance with Article 3 (1).
2. Acceptance of a variety may be renewed at given                70/457/EEC
intervals if it is still cultivated on such a scale as to justify
this and provided that the requirements as to distinctness,
uniformity and stability are still satisfied. Applications for
renewal shall be submitted not later than two years before
expiry of acceptance.
3. The period of validity of acceptance shall be extended
provisionally until a decision is taken on the application
for renewal.
                              Article 13                                                  Article 12a
1. Member States shall ensure that any doubts which               79/692/EEC - Art. 3 (6)
arise after the acceptance of a variety concerning the
appraisal of its distinctness or of its name at the time of
acceptance are clarified.
2. Where, after acceptance of a variety, it is established
that the condition concerning distinctness within the
meaning of Article 5 was not fulfilled at the time of
acceptance, acceptance • shall be replaced by another
decision or, where appropriate, a revocation, which
conforms with this Directive.
By this other decision, the variety shall, with effect from
the date of its initial acceptance, no longer be regarded as
a variety known in the Community within the meaning of
Article 5 (1).
3. Where, after acceptance of a variety, it is established
that its name within the meaning of Article 9 was not
acceptable when the variety was accepted, the name shall
be adapted in such a way that it conforms with this
Directive. Member States may permit the previous name
to be used temporarily as an additional name. The detailed
arrangements in accordance with which the previous name
may be used as an additional name may be laid down in
accordance with the procedure laid down in Article 23 (2).
                                               10 ^
 ---pagebreak---                             Article 14                                                       Article 13
 1. Member States shall ensure that acceptance of a var-      70/457/EEC
 iety is revoked:
 (a) if it is proved, on examination, that the variety is no
       longer distinct, stable or sufficiently uniform,
 (b) if the person or persons responsible for the variety so
       request, unless there is maintenance of the variety.
 2. Member States may revoke the acceptance of a
variety:
 (a) if the laws, regulations and administrative provisions
      adopted in pursuance of this Directive are not
      complied with,
(b) if, at the time of the application for acceptance or
      during examination, false or fraudulent particulars
      were supplied concerning the factors on the basis of
      which acceptance was granted.
                            Article 15                                                        Article 14
1. Member States shall ensure that a variety is deleted
from their catalogues if acceptance of the variety has been
revoked or if the period of validity of the acceptance has
expired.
2. Member States may, in respect of their own territory,      79/967/EEC - A r t 2 (1)
allow a period for the certification and marketing of seed
or propagating material up to 30 June of the third year at
the most after expiry of the acceptance.
In the case of varieties that were listed pursuant to Article
16 (1) in the common catalogue of varieties referred to in
Article 19, the period which expires last among those
granted by the various Member States of acceptance under
the first subparagraph shall apply to marketing in all the
Member States, provided that the seed or propagating
material of the variety concerned has not been subject to
any marketing restriction as regards the variety.
                            Article 16                                                      Article 15
1. Member States shall ensure that after expiry of a          70/457/EEC
period ending on 31 December of the second year
following that in which a variety was accepted seed and
propagating material of varieties accepted after 1 July 1972
in one or more Member States in accordance with the
provisions of this Directive are subject to no marketing
restrictions relating to variety. The period specified above
shall be:
—     1 July 1973 with regard to Denmark, Ireland and the     Act of Accession DA, IRL, UK - A r t 29
      United Kingdom,                                         (adapted)
                                               1Ô5
 ---pagebreak--- —     1 March 1986 with regard to Spain in respect of vari-       86/155/EEC - Art. 5 (2)
      eties other than those which are officially included in     (adapted)
      the catalogue of that Member State on 1 March 1986
      and which are also included on that date in the cata-
      logue of one or more of the Member States of the
      Community of Ten, without prejudice to the particular
      provisions applicable to certain species referred to in
      paragraph 5.
2. By way of derogation from paragraph 1, a Member                70/457/EEC
State may be authorized, upon application lodged before
the expiry of the periods specified in paragraph 1, which
will be dealt with as provided in Article 23 (2), to prohibit
the marketing in all or part of its territory of seed and
propagating material of the variety in question. Only             79/692/EEC - Art. 3 (7)
applications submitted four months before the end of the
said periods shall be taken into consideration. With regard
to Greece and in respect of varieties which have been ac-         88/380/EEC - Art 6 (5)
cepted before 1 January 1986 in one or more of the other
Member States and which have never been allowed for
marketing in Greece before that date, applications sub-
mitted bv that Member State not later than 31 December
1986 shall be taken into consideration, without prejudice
to the provisions laid down in paragraph 1. provided that
the applications are made on the grounds referred to in
the first indent of point (c) of paragraph 3.
3. The authorization provided for in paragraph 2 shall
be granted only in the following cases:
(a) where the variety is not distinct stable or sufficiently
      uniform, or
(b) where it is established that the cultivation of the
      variety could be harmful from the point of view of
      plant health to the cultivation of other varieties or
      species, or
(c) — where official growing trials carried out in the            73/438/EEC - Art. 7 (2)
            applicant Member States, Article 5 (4) being ap-
            plied correspondingly, show that the variety does
            not, in any part of its territory, produce results
            corresponding to those obtained from a compar-
            able variety accepted in the territory of that
            Member State, or
      — where it is well known that the variety is not
            suitable for cultivation in any part of its territory
            because of its type or maturity's class.
 4. If, in respect of any given variety, a Member State            70/457/EEC
 does not intend to lodge an application under the
 procedure laid down in paragraph 2, it shall so notify the
 Commission or make a statement to the committee re-
 ferred to in Article 23 (1).
                                               10 b
 ---pagebreak--- 5. Where all the Member States make the notification        70/457/EEC
or the statement provided for in paragraph 4, the period
provided for in paragraph 1 shall no longer apply and
Article 19 shall be put into effect. In the case of Beta    79/692/EEC - Art. 3 (8)
vulgaris L. and Solanam tuberosum L. this condition shall
be considered fulfilled on 31 December each year in
 respect of varieties for which the communications provided
for in Article 10 (1) and (2) were made four months
before that date, unless a Member State informs the
Commission or makes a declaration to the committee re-
ferred to in Article 23 (1) to the effect that it does not
intend to dispense with making an application pursuant to
paragraph 2. Acting on a proposal from the Commission,
the Council shall decide whether these provisions will also
be applied to other species.
6. If at the time of its acceptance in one Member State
a variety is also already being examined in another
Member State with a view to acceptance, the period
provided for in paragraph 1 shall for the latter Member
State be shortened by the period of the examinations.
7. The period provided for in paragraph 1 may be
extended before expiry in accordance with the procedure
laid down in Article 23 (2), where there is good reason.
                           Article 17
                                                                                       Article 16
1. Article 16 shall also apply to varieties accepted before (adapted)
1 July 1972 according to the laws and regulations of indi-
vidual Member States and with the principles correspon-
ding to those of this Directive, where:
(a) the variety was accepted after 30 June 1967, or
(b) the variety was accepted before the date referred to
     in (a) in two or more Member States, or
(c) the variety was accepted before the date referred to
     in (a) in one Member State, provided that in that
     Member State the proportion of the area used for
     multiplication of the variety which was presented for
     field inspection with a view to certification repre-
     sented, after the date referred to under (a) and in
     each of three growing seasons, at least 3 % of the
     total area used for multiplication of the species.
2.   The date specified in paragraph 1 shall be:
      1 July 1973 with regard to Denmark, Ireland and the   Act of Accession DA IRL, UK - Art. 29
     United Kingdom,                                        (adapted)
— 1 March 1986 with regard to Spain.                        86/155/EEC     Art 5 (3)
                                                            (adapted)
                                            WT
 ---pagebreak---  3. With regard to Germany, the date shall be 3 October          90/654/EEC - Art. 2
 1990 in respect of varieties accepted by the authorities of     (adapted)
 the former German Democratic Republic All areas used
 for multiplication of the variety, as referred to in point (c)
 of paragraph 1, shall be situated in the territory of the
 former German Democratic Republic
                           Article 18                                                           Article 17
 1.   The period provided for in Article 16 (1) shall,           70/457/EEC
                                                                 (adapted)
      (a) for the cases referred to in points (a) and (b) of
           Article 17 (1), run from 1 Jury 1972, and
      (b) for the cases referred to in point (c) of Article
           17 (1), run from the date on which the Member
           State informs the Commission that the require-
           ment is satisfied.
2. The date referred to in point (a) of paragraph 1 shall
be:
      1 July 1973 with regard to Denmark, Ireland and the        Act of Accession DA, IRL, UK - Art. 29
      United Kingdom,                                            (adapted)
      1 March 1986 with regard to Spain.                         86/155/EEC - Art. 5 (4)
                                                                 (adapted)
3. The period provided for in Article 16 (1) shall run           90/654/EEC - Art. 2
from 3 October 1990 in the cases referred to in Article 17       (adapted)
(3).
                          Article 19                                                           Anick 18
The Commission shall, on the basis of the information            70/457/EEC
supplied by the Member States and as this is received,
publish in the C series of the Official Journal of the Euro-
pean Communities under the title 'Common Catalogue of
Varieties of Agricultural Plant Species' a list of all varieties
of which the seed and propagating material, under Articles
15 and 16, are not subject to any marketing restrictions as
regards variety, and also the information required under
Article 9 (1) concerning the person or persons responsible
for maintenance of the variety. The published notice shall
indicate the Member States which have received an
authorization under Article 16 (2) or Article 20. The            79/967/EEC - Art. 2 (2)
published notice shall list those varieties for which a period
has been applied in accordance with the second subpara-
graph of Article 15 (2). This shall indicate the length of
the period and, where appropriate, the Member States to
which the period does not apply.
                                              1Ô&
 ---pagebreak---                            Article 20                           70/457/EEC          Article 19
If it is established that the cultivation of a variety included
in the common catalogue of varieties could in any Member
State be harmful from the point of view of plant health to
the cultivation of other varieties or species, that Member
State may upon application, which will be dealt with as
provided in Article 23 (2), be authorized to prohibit the
marketing of the seed or propagating material of that
variety in all or part of its territory. Where there is
imminent danger of the spread of harmful organisms, and
until such time as a final decision has been taken in
accordance with the procedure laid down in Article 23 (2),
this prohibition may be imposed by the Member State
concerned as soon as its application has been lodged.
                           Article 21                                               Article 20
Where a variety ceases to be accepted in the Member
State which initially accepted it, one or more other
Member States may continue to accept that variety
provided that the requirements for acceptance continue to
be met in their territory and that maintenance remains
assured.
                           Article 22                                               Article 21
1. The Council, acting by a qualified majority on a
proposal from the Commission, shall determine whether:
a)    the official examinations of varieties carried out in the
      third country afford the same assurances as those
      provided for in Article 7 and carried out in the
      Member States;
b)    the checks on practices for the maintenance of
      varieties carried out in the third country afford the
      same assurances as those carried out by the Member
      States.
2. Paragraph 1 shall also apply in respect of any new           72/274/EEC - Art. 2
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 Di-
rective.
                           Article 23
1. The Commission shall be assisted by the Standing Com-        87/373/EEC
mittee on Seeds on Propagating Material for Agriculture,        (adapted)
and Forestry set up by Council Decision 66/399/EEC ( ! ).
 U) OJ No 125,11.7.1966, p. 2289/66.
                                              109
 ---pagebreak--- 2. The representative of the Commission shall submit a      87/373/EEC
draft of the measures to be taken. The committee shall      (adapted)
deliver its opinion on the draft within a time limit which
the chairman may lay down according to the urgency of
the matter. The opinion shall be delivered by the majority
laid down in Article 148 (2) of the Treaty in the case of
decisions which the Council is required to adopt on a pro-
posal from the Commission. The votes of the representa-
tives of the Member States within the committee shall be
weighted in the manner set out in that Article. The chair-
man shall not vote.
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accord-
ance with the opinion of the committee, they shall be com-
municated by the Commission to the Council forthwith. In
that event, the Commission may defer application of the
measures which it has decided for a period of not more
than one month from the date of such communication.
The Council, acting by a qualified majority, may take a
different decision within the time limit referred to in the
second subparagraph.
3. The Committee, on request by the chairman or of          66/399/EEC - Art. 2
one of the Member States, may examine any questions rel-    (adapted)
evant to the subject matter of this Directive.
                         Article 24
Save as otherwise provided in Articles 16, 17 and 20, this  70/457/EEC
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 protec-
tion of industrial or commercial property.
                                           i»    HO
 ---pagebreak---                          Article 25
1. The Directives listed in Annex I Part A, are hereby
repealed without prejudice to the obligations of the
Member States conœrning the deadlines for transposition
of the said Directives set out in Annex I Part B.
2. References to the repealed Directives shall be con-
strued as references to this Directive and should be read
in accordance with the correlation table set out in Annex
n.
                         Article 26
This Directive shall enter into force the twentieth day fol-
lowing that of its publication in the Official Journal of the
European Communities.
                         Article 27
This Directive is addressed to the Member States.
Done at Brussels,
                                           For the Council,
                                              The President
                                                 IU
 ---pagebreak---                                            ANNEX I
                                             Part A
                                      Repealed Directives
                                  (referred to by Article 25)
Directive 70/457/EEC
and its successive amendments
Directive 72/274/EEC          only concerning references made to Articles 1 and 2
                              on the provisions of Directive 70/457/EEC
Directive 72/418/EEC          only Article 7
Directive 73/438/EEC          only Article 7
Directive 78/55/EEC           only Article 6
Directive 79/692/EEC          only Article 3
Directive 79/967/EEC          only Article 2
Directive 80/1141/EEC         only Article 1
Directive 86/155/EEC          only Article 5
Directive 88/380/EEC          only Article 6
Directive 90/654/EEC          only concerning references made to Article 2 and to
                              Annex II (I) (6) on the provisions of Directive
                              70/457/EEC
                                               7»     Hi
 ---pagebreak---                                                              Part B
                                    Deadlines for transposition into national law
                                             . (referred to by Article 25)
                           Directive                                                 Deadline for transposition
                                                                                   2
70/457/EEC (OJ No 225,12 10.1970, p. 1)                            July 1972 (!) ( )
72/274/EEC (OJ No L 171, 29. 7.1972, p. 37)                        July 1972 (Article 1)
                                                                   January 1973 (Article 2)
72/418/EEC (OJ No L 287, 26. 12.1972, p. 22)                       July 1972 (Article 7)
73/438/EEC (OJ No L 356, 27.12.1973, p. 79)                        July 1974 (Article 7)
78/55/EEC (OJ No L16, 20. 1. 1978, p. 23)                          July 1977 (Article 6)
79/692/EEC (OJ No L 205, 13. 8.1979, p. 1)                         July 1977 (Article 3 (9))
                                                                   July 1982 (other provisions)
79/967/EEC (OJ No L 293, 20.11.1979, p. 16)                        July 1982 (Article 2)
80/1141/EEC (OJ No L 341,16.12.1980, p. 27)                        July 1980 (Article 1)
86/155/EEC (OJ No L118, 7. 5.1986, p. 23)                          March 1986 (Articles 5)
88/380/EEC (OJ No L187,16. 7.1988, p. 31)                          January 1986 (Article 6 (5) and (6))
                                                                   July 1990 (othet provisions)
90/654/EEC (OJ No L 353,17. 12.1990, p. 48)
W For Denmark, Ireland and the United Kingdom, 1 Jury 1973; for Greece 1 January 1986; for Spain 1 March 1986; and for
    Portugal 1 January 1989 for specific species referred to in the Directive on the marketing of fodder plant seeds - Lolium
    multiflorum Lam, Lolium perenne L., and Vicia satn-a L, and the Directive on the marketing of cereal seed - Hordeum vulgare
    L, Oryza sativa, Triticum aestivum L. emend. Fiori and Paol, and Triticum durum Desf. Zea mays L - and for the other
    species referred to by this Directive 1 January 1991.
(2) 1 January 1995 for Austria, Finland and Sweden.
    However:
    - Finland and Sweden may postpone until 31 December 1995 at the latest, the application in their territories of this Directi-
        ve with regard to the marketing in their territories of seeds of varieties listed in their respective national catalogues of
        varieties of agricultural plant species and varieties of vegetable plant species which have not been officially accepted in
        accordance with the provisions of this Directive. Seeds of such varieties shall not be allowed to be marketed in the
        territory of the other Member States during this period;
    - varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are listed in both the
         respective national catalogues of Finland and Sweden and in the common catalogues, shall not be subject to any marketing
         restrictions as regards variety;
    - throughout the period mentioned in the first indent, those varieties in the respective national catalogues of Finland and
         Sweden which have been officially accepted in accordance with the provisions of the abovementioned Directive shall be
         included in the common catalogue of varieties of agricultural or vegetable plant species, respectively.
 ---pagebreak---                                                 ANNEX II
                                            CORRELATION TABLE
Directive 70/457/EEC                                 This Directive
Article 1 (1)                                        Article 1 (1)
Article 1 (2)                                        Article 1 (2)
Article 22                                           Article 1 (3)
Article 2                                            Article 2
Article 3 (1)                                        Article 3 (1)
Article 3 (la)                                       Article 3 (2)
Article 3 (2)                                        Article 3 (3)
Article 3 (3)                                        Article 3 (4)
Article 3 (4)                                        Article 3 (5)
Article 4                                            Article 4
Article 5                                            Article 5
Article 6                                            Article 6
Article 7                                            Article 7
Article 8                                            Article 8
Article 9                                            Article 9
Article 10                                           Article 10
Article 11                                           Article 11
Article 12                                           Article 12
Article 12a                                          Article 13
Article 13                                           Article 14
Article 14                                           Article 15
Article 15                                           Article 16
Article 16,1st subparagraph                          Article 17 (1)
Article 16, 2nd subparagraph                         Article 17 (2)
Article116, 3nd subparagraph                         Article 17 (3)
Article 17,1st subparagraph, first sentence          Article 18 (1)
Article 17,1st subparagraph, second sentence         Article 18 (2)
Article 17, 2nd subparagraph                         Article 18 (3)
Article 18                                           Article 19
Article 19                                           Article 20
Article 20                                           Article 21
Article 21 (1)                                       Article 22 (1)
Article 21 (3)                                       Article 22 (2)
Article 23                                           Article 23
Article 24                                           Article 24
                                                     Article 25
                                                     Article 26
                                                     Article 27
                                                     ANNEXI
                                                     ANNEX H
                                                    32 \\y\
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 628 final
                                              DOCUMENTS
EN                                                                        02 03
                                     Catalogue number : CB-CO-95-675-EN-C
                                                              ISBN 92-77-97347-1
Office for Official Publications of the European Communities
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