CELEX: 51980PC0447
Language: en
Date: 1980-07-28
Title: Proposal for a Council Directive amending Directives 70/457/EEC and 70/458/EEC on the common catalogue of varieties of agricultural plant species and on the marketing of vegetable seed

26. 8. 80                        Official Journal of the European Communities                              No C 218/17
                         Article 2                                                       Article 3
 This Regulation is applicable to operations requiring         This Regulation shall enter into force o n . . .
 assistance which have been agreed by the Commission
 before 1 January 1982.                                        This Regulation shall be binding in its entirety and
                                                               directly applicable in all Member States.
              Proposal for a Council Directive amending Directives 70/457/EEC and 70/458/EEC on
              the common catalogue of varieties of agricultural plant species and on the marketing of
                                                     vegetable seed
                             (Submitted by the Commission to the Council on 4 August 1980)
THE COUNCIL OF EUROPEAN                                         Whereas it should therefore be expressly provided
COMMUNITIES,                                                    that the production of seed of this category is to be
                                                                made under the direct or indirect responsibility of an
Having regard to the Treaty establishing the                    officially registered maintainer;
European Economic Community and in particular
Article 43 thereof,                                             Whereas pursuant to the Directive in question, the
                                                                marketing of vegetable seed may be restricted to seed
Having regard to the proposal from the Commission,              officially certified of the categories 'basic seed' or
                                                                'certified seed', either throughout the Community or
                                                                in certain Member States; whereas, however, under
Having regard to the opinion of the European Par-               the present rules this may be done only where the
liament,                                                        restriction applies to all the varieties of a given
                                                                species;
Whereas, for the reasons given below, the Directives
on the Common catalogue of varieties of agricultural            Whereas, with a view to promoting the marketing of
plant species and on the marketing of vegetable seed            seed officially certified as stated by the Council in the
should be amended;                                              17th recital of the original version of Council
                                                                Directive 70/458/EEC, it should be provided that
Whereas, pursuant to the provisions on the common               such restrictions may also be applied to certain
catalogues of varieties, official acceptances of               varieties only of a given species,
varieties granted before the implementation of those
provisions in accordance with principles other than
those laid down in the Directives in question expire           HAS ADOPTED THIS DIRECTIVE:
not later than 30 June 1980, if by that date the
varieties in question have not been accepted under the
Directives;                                                                              Article 1
Whereas, in the case of a certain number of such               The following paragraph is added to Article 3 of
varieties, it has not been possible to complete                Council Directive 70/457/EEC of 29 September 1970
acceptance under the Directives;                               on the common catalogue of varieties of agricultural
                                                               plant species ('), as last amended by Council Directive
                                                               79/967/EEC ( J ):
Whereas, provision should therefore be made to
enable the current deadline to be extended in respect
                                                                    '4.    In accordance with the procedure laid down
of individual varieties;
                                                                    in Article 23, Member States may be authorized in
Whereas in the case of vegetable seed the category
'standard seed', permitted under the Directive in
question, is not subject to official examination prior         0) OJ No L 225, 12. 10. 1970, p. 1.
to marketing;                                                  (') OJ No L 293, 20.11. 1979, p. 16.
 ---pagebreak--- N o C 218/18                             Official Journal of the European Communities                               26. 8. 80
     respect of individual varieties to extend until 30                        extend until 30 June 1983 at the latest the
     June 1982 at the latest the date of expiry provided                       date of expiry provided f o r in paragraph 2,
     for in paragraph 3, where, on 1 July 1980, the                            where, on 1 Juli 1980, the examination
     examination procedure initiated for these varieties                       procedure initiated for these varieties prior
     prior to this date, with a view to their acceptance                       to this date, with a view to their acceptance
     under this Directive, has not yet yet been                                under this Directive, has not yet been
     completed.'                                                               completed.'
                                                                 3. In Article 20 (2) the following is inserted after the
                          Article 2
                                                                     w o r d s 'certain species':
Council Directive 1 0 / 4 5 8 / E E C of 29 September 1970                                   'or varieties'
on the marketing of vegetable seed ('), as last
amended by Council Directive 7 9 / 9 6 7 / E E C (2) is          4. In Article 30 (2) the following shall be inserted
hereby amended as follows:                                           after the words 'certain species':
                                                                                           'or varieties'
1. In Article 2 ( 1 ) (D) the following shall be inserted
    before point (a):
    '(aa) which has been produced under the                                                   Article 3
           responsibility of the breeder or selector in
           accordance with accepted practices for the
                                                                 M e m b e r States shall bring into force the laws, regu-
           maintenance of the variety, with the
                                                                 lations and administrative provisions necessary to
           exception of the cases mentioned in Article
                                                                 comply:
           12 (1), second and third sentences, or which
           has been produced directly from such seed,'.          — with Article 1 and Article 2, point 2, with effect
                                                                      f r o m 1 July 1980,
2. T h e following paragraph is added to Article 9:              — with the other provisions of this Directive, not
    '2 (a) In accordance with the procedure laid d o w n              later than 1 July 1981.
            in Article 40, M e m b e r States may be auth-
            orized in respect of individual varieties to
                                                                                              Article 4
(') OJ No L 225, 12. 10. 1970, p. 7.
O OJ No L 293, 20.11. 1979, p. 16.                               This Directive is addressed to the M e m b e r States.