CELEX: 51978PC0288
Language: en
Date: 1978-06-27
Title: Proposal for a COUNCIL DIRECTIVE amending Directives 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/458/EEC and 70/457/EEC on the marketing of fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants, vegetable seed and on the common catalogue of varieties of agricultural plant species (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 288
Vol. 1978/0106
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(78)288 final
                                                 Brussels , 27 June 1978
                           Proposal for a
                           COUNCIL DIRECTIVE
       amending Directives 66/401 /EEC, 66/402/EEC, 66/403/EEC, 69/ 208/ EEC ,
       70/458/EEC and 70/457/EEC on the marketing of fodder plant seed,
       cereal seed, seed potatoes , seed of oil and fibre plants , vegetable
       seed and on the common catalogue of varieties of agricultural plant
                               species                                     *
             ( submitted to the Council by the Commission)
                   :                 , \            ■ .            ;
                        '                    "V *-*A
C0I-I(78) 288 final                      '\\y ■ .                            ■
 ---pagebreak---                             EXPLANATORY NOTE
According to the provisions of Directives 66/ 401 / EEC , 69/ 208/ EEC , 70/ 457/ ECC
and 70/ 458 / EEC the equivalence of measures taken in third countries concerning
variety and official seed examination could be established , until the
1st July 1977, by the Member States at national level .
As certain equivalence decisions taken at Community level apply only from the
1st July 1978 , the present proposal provides for an extension of the said
period retroactively .
In the same way certain Member States must also be enabled to extend the
validity of national equivalences which have been established for seed
potatoes produced in certain third countries since the preparatory work for
the adoption of equivalence* at Community level has not yet been completed for
seed potatoes .                                                                  '
Furthermore this proposal provider for the possibility of relaxing, under
Community control , certain conditions to be satisfied by the seed in the case
of certain cultivated species in order to comply with exceptional situations
or plant health requirements .                                                 *
Finally , it would be useful to adapt the provisions on the catalogues of
varieties     in the light of certain requirements which have emerged during the
period of application of the Directives .
 ---pagebreak---          Proposal for a Council Directive amending Directives 66/ 401 / EEC ,
66/ 402/ EEC , 66/ 403/ EEC , 69/ 208 / EEC , 70/ 458/ EEC and 70/ 457/ EEC on the marketing
of fodder plant seed , cereal seed , seed potatoes , seed of oil and fibre plants ,
vegetable seed and on the common catalogue of .varieties of agricultural plant
species                                             '
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,             -
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission #
Having regard to the opinion of the European Parliament ,
Whereas, for the reasons* given below , certain Directives on the marketing of
seeds and propagating material should be amended ; •
Whereas the provisions on the marketing of fodder plant seed , seed of oil and
fibre plants and of vegetable seed and also the provisions of the common cata­
logue of varieties of agricultural plant species provide that , after the
1      July 1977, the equivalence of measures taken in third countries concerning
variety and official seed examination can no longer be established by the
Member States at national level ; whereas certain equivalence decisions taken
at Community level shall take effect from 1 July 1978 ?              whereas the period ,*,
provided for the establishment of equivalence at national level should be ' •
extended "by one year in order to cover the traditional trade patterns which
have been maintained after 1 July 1977 pending the Community decisions ;
 Whereas the provisions on the marketing of seed potatoes provide for the
 possibility to extend , until             30 June 1978 , the validity of certain
 decisions on the establishment of equivalence taken previously at national
 level ;   whereas the work to enable such equivalence to be established at Comrauni
 level and in particular the work which has to be undertaken under Council
 Directive 77/93/EEC of 21 December 1976 on protective measures against the
 introduction into the Member States of harmful organisms of plant or plant
 products ( l ) has not yet been completed ; whereas, therefore , the said extension
  should be permitted until 30 June 1979 }
                                                                                          ./.
 ( 1 ) O.J. N° L 26, 31 / 1 / 1977, p. 20                ~
 ---pagebreak--- Whereas in the case of fodder plant seed , certain conditions concerning
seed testing must he able to he relaxed for those regions of the Community
in which very favourable ecological conditions ensure compliance with the
relevant Community standards laid down ;                '
Whereas in the case of seed of rye used for fodder purposes , a temporary
relaxation of the Community standards applicable to rye seed should be
permitted in order to overcome the temporary difficulties which exist
in certain Community regions for these products ;
Whereas in the case of cereal seed, recently experimented methods in order
to reduce the effects of attack by certain harmful organisms appear to
justify the admission of mixtures of seed of different varieties , provided
that measures are taken guaranteeing that the quality of the seed or the
final product is not affected ;
Whereas , in order to improve the functioning of the systems of the common
catalogue of varieties of agricultural plant species and of the common
catalogue of varieties of vegetable species , certain provisions relating
to the admission of varieties at national level , to the exchange of
information between the Member States and to the free marketing of seed
should be adapted to internationally established rules and to the needs
of the marketing years ;
Whereas , finally, the provisions of the two above-mentioned common cata­
logues permit the Member States to grant for their own territory a period
for the disposal of seed of varieties whose acceptance has expired ;
whereas it is appropriate to provide for such a period at Community
level in the case of seed of varieties which were listed in one of the
common catalogues ,
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                               - 3 -
                                            Article 1
Council Directive 66/401 / EEC of 14 June 1966 on the marketing of fodder plant
seed (1), as last amended by Commission Directive 78/J86/EEC (2), is herety.
amended as follows :               \
 1 . The following paragraph is added to Article 2 :
       "( 1c) Member States may be authorized in accordance with the procedure
              . laid down in Article 21 not to apply in respect of their own
                  production the condition contained in Annex II ( I) ( 2) (B) ( I ) in respect
                  of one or more of the species concerned , to the extent that ecologi­
                  cal conditions and past experience permit the assumption that the
                   standards laid down in Annex II(I)C2> column 13 of the Table are
                   complied with .
  2. In Article 16(2)                    , "1 July 1977" shall read      "1 July 1978".
                                            Article 2
  Council Directive 66/402/ EEC of 14 June 1966 on the marketing of cereal seed (3)
  as last amended by Commission Directive 78/387/ EEC (4), is hereby amended as
  follows :                               _                .
  1 . The following paragraph is added to Article 2 :
        "1 c . Until 30 June 1982, Member States may be authorized in accordance
                  with the procedure laid down in Article 21 to permit the marketing
                  of the seed of certain varieties of rye to be used chiefly as fodder
                  which does not satisfy the requirements with regard to germination or
                  analytical purity laid down in Annex II .".
   2 . In Article 2<2)(d),                       "31 December 1978" shall read "31 December
         1980".
                '                                                                           • ./.
    (1)   0J  N0    125 , 11 / 7/ 1966, p. 2298/ 66
    ( 2)  0J  N°    L 113 , 25 / 4/ 1978, p. 1
    ( 3)  0J  N°    125 , 11 / 7/ 1966, p. 2309/ 66                             '
    (4    0J  N°    L 113, 25 / 4/ 1978, p. 13
 ---pagebreak---                                           - 4 -
3 . The following paragraph is added to Article 13 :
      "( 1 ) Member States may be authorized in accordance with the procedure Laid
             down in Article 21 to permit the marketing of specific mixtures of
             seeds of various varieties recognized as being resistant to certain
             harmful organisms , provided that these mixtures are of such a kind ,
             according to scientific or technical knowledge , as to reduce the
             effects of attacks by these harmful organisms and provided also that
             the components of the mixture comply , before mixing , with the marketing
             rules applicable to them,.".
4 . In Article 13 , paragraph 1 becomes paragraph' 2 and paragraph 2 becomes
      paragraph 3 .
                                            Article 3
In Article 15(2a ) of Council Directive 66/ 403 / EEC of 14 June 1966 on the marke­
ting of seed potatoes ( 1 ) as last amended by Directive 77/ 648/ EEC ( 2 ) the date
" 30 June 1978" is hereby amended to read " 30 June 1979 " •
                                            Art i c le 4
In , Article 15 ( 2 ) of Council Directive 69 / 208/ EEC of 30 June 1969 on the marke­
ting of seed of oil and. fibre plants (3 ), as Las t amended by. Commission
 Directive 78/ 388/ EEC ( 4 ) the date "1 July 1977" is hereby amended to read
 "1 July 1978".
                                           Article 5
 Council Directive 70/ 457/ EEC of 29 September 1970 on the common catalogue of
 varieties of agricultural plant species ( 5 ), as last amended by Directive
 78/ 55 / EEC ( 6 ), is    hereby amended as follows :
 1 . Article 5(1 ) 'shall read :
      " 1 . A variety shall be regarded as distinct if, when acceptance is applied
             for, it is clearly distinguishable, in one or more important morpholo­
             gical or physiological characteristics, from any other variety whose
             existence is a matter of common knowledge at the time . Such varieties
             shall include at least :
 (1)    O.J.  N°  125 , 11 / 7/ 1966, p . 2320/ 66                    *               *
 (2)    O.J.  N°  L 261 , 14/ 10/ 1977, p. 21
 ( 3)   O.J.  N°  L 169, 10/ 7/ 1969, p . 3
 ( 4)   O.J.  N°  L 113, 25/ 4/ 1978, p. 20
 (5)    O.J.   N° L 225 , 12/ 10/ 1970, p. 1
 ( 6)   O.J.   N° L 16, 20/ 1 / 1978, p. 23
 ---pagebreak---     - any variety accepted or submitted for acceptance in the Member State
        in question ,
    - any variety accepted in another Member State and any variety whose
        submission for acceptance has been communicated to the Member State
        in question ,
    - any variety listed in the common catalogue of varieties ."
2 . Article 10(1 ) shall read ;            '
    " 1 . Any application for acceptance of a variety ,     any entry in a catalogue
         of varieites and any amendments thereto shall be sent forthwith to
         the other Member States and the Commission .".
3 . The following paragraph is added to Article 14 :
    "( 2 ) In the case of ■      varieties which have been listed in the common
           catalogue of varieties referred to in Article 18 , a period
           shall be allowed for the disposal , of remaining stocks of seed or
           propagating material , which shall expire on 30 June of the second
           year following that in which acceptance in the last country in
           which acceptance had been granted has expired .".
4 . In Article 14, paragraph 2 becomes paragraph- 3 and' shall read :
    "( 3 ) In the case of varieties which have not been listed in the common
           catalogue of varieties . Member States may in respect of their own
           territory, allow a period of not more than three years after expiry
           of the acceptance ^for the disposal of any remaining seed or propagating
           material .".
5 . In Article 15(1 ),          • " 31 December of the second year", shall read
    "1 July of the third year".
6 . The following sentence is added to Article 15(2 ) :
    " Only applications submitted six months before the end of the abovementioned
    period shall be taken into consideration^"
7 . The following sentences are added to Article 15(5 ) :
     " In the case of Beta vulgaris L. and Solanum tuberosum J_. this condition
     shall be considered fulfilled on 30 June each year in respect of
     varieties for which the communications provided for in Article 10(1 )
     and ( 2) were made one month before that date , provided that a Member State
     informs the Conmi ssioo or     TZZZZQ    a       declaration - to the , St**\<iioc-
 ---pagebreak---                                         - 6 -
      Committee on Seeds and Propagating Material that it has no intention of not
      making an application pursuant to paragraph 2 . The procedure laid down in
      Article 23 may be used to extend these rules to other species ".
8 . In Article 21(2 ), " 30 June 1977" shall read                  " 30 June 1978 ".
                                          Art i c le 6
  Council Directive 70/ 458/ EEC of 29 September 1970 on the marketing of
  vegetable seed ( 1 ), as last amended by Directive 78 / 55 / EEC , is      -
  1 . Article 5(1 )        shall read :
" 1 . A variety shall be regarded as distinct if , when acceptance is applied
        for , it is clearly distinguishable , i n one or more important morphological
        or physiological characteristics , from any other variety whose existence
        is a matter of common knowledge at the time .    Such varieties shall include
        at least :                                     '     -
        - any variety accepted or submitted for acceptance in the Member State in
            question ,
        - any variety accepted in another Member State and any variety whose submis­
            sion for acceptance has been communicated to the Member State in question ,
        - any variety listed in the common catalogue of varieties ".
                                             '                                        . >  *
  2 . Article 11(1 )       shall read :
        " 1 . Any application for acceptance of a variety , any entry in a catalogue of
              varieties and any amendments thereto shell "be sent forthwith to the other
              Member States and the Commission .".        .
  3 . The following paragraph s is added to Article 15 :
        "( 2 ) In the case of varieties which have       been listed in the common
               catalogue of varieties , referred to in Article 18 , a period       shall
               be allowed for the disposal of remaining stocks of seed which         shall
               expire on 30 June of the second year following that in which acceptance
               in the last country in which this acceptance had been granted has
               expired .".           -
   ( 1 ) 0J ITo L 225, 12.10.1970. p.7
 ---pagebreak---                                      - 7 -
A. In Article 15» paragraph 2 "becomes paragraph 3 and shall read :
    "( 3 )_ In the case of varieties which have not been listed in the common
             catalogue of varieties the Member States may f in respect of their own
           territory, allow a period of not more than three years after expiry
            of the acceptance "for the disposal of any remaining seed .
5 . In Article 32(2 )              " 30 June 1977" '  shall read     " 30 June 1978".
                                     Article 7
Member States Shall bring into force the laws , regulations and administrative
provisions necessary to comply :
- with Articles l ( 2), 4» 5(8 ) a-ncl 6(5) with effect fi*om
   1 July 1977/.
- with Article 3 , on       1 July 1978,
- with the other provisions of this Directive ,         on 1 July 1979 .
                                  Article 8
This Directive is addressed to the Member States .
Done at Brussels ,                                For the Counci l .