CELEX: 31973D0087
Language: en
Date: 1973-03-26 00:00:00
Title: Second Council Decision of 26 March 1973 on the equivalence of seed produced in third countries

20 . 4. 73                               Official Journal of the European Communities                          No L 106/21
                                                SECOND COUNCIL DECISION
                                                       of 26 March 1973
                                    on the equivalence of seed produced in third countries
                                                           (73/87/EEC)
THE COUNCIL OF THE EUROPEAN                                         control afford the same assurances as the conditions
COMMUNITIES ,                                                       applicable to seed harvested and controlled within
                                                                    the Community ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                           Whereas if it becomes apparent that the conditions
                                                                    on which Community determinations are based are
                                                                    not or are no longer satisfied, this Decision shall not
Having regard to the Council Directive of 14 June                   prevent such determinations from being revoked or
 1966 (*) on the marketing of beet seed, as last                    the period of their validity from being extended ;
amended by the Directive of 6 December 1972 (2),                    whereas further practical information on seed pro­
 and in particular Article 16 ( 1 ) ( b) thereof;                   duction in the abovementioned countries should be
                                                                    obtained by growing and controlling samples of such
                                                                    seed in Community comparative tests ;
 Having regard to the Council Directive of 14 June
 1966 (3) on the marketing of fodder plant seed, as
last amended by the Directive of 6 December 1972 (2 )
                                                                    HAS ADOPTED THIS DECISION :
 and in particular Article 16 ( 1 ) (b) thereof;
Having regard to the Council Directive of 14 June                                           Article 1
1966 (4) on the marketing of cereal seed, as last                   It is hereby declared that, where the special condi­
amended by the Directive of 6 December 1972 (2),                    tions laid down in the Annex are satisfied, seed har­
 and in particular Article 16 ( 1 ) (b) thereof;                    vested in Finland, Canada, Norway, Sweden, Switzer­
                                                                    land, South Africa, Hungary, and officially controlled
Having regard to the Council Directive of 30 June                   by the authorities listed in the Annex and belonging
 1969 (5 ), on the marketing of seed of oil and fibre               to the species and categories specified therein is
plants, as last amended by the Directive of 6 De­                   equivalent to seed of the corresponding categories
cember 1972 (2), and in particular Article 15 ( 1 ) (b)             harvested within the Community and complying with
 thereof;                                                           the Council Directives of 14 June 1966 on the market­
                                                                    ing of beet seed, fodder plant seed and cereal and
                                                                    the Council Directive of 30 June 1969 on the
Having regard to the proposal from the Commission ;                 marketing of seed of oil and fibre plants.
"Whereas there are rules on seed control in Finland,                                        Article 2
Canada, Norway, Sweden, Switzerland, South
 Africa and Hungary ;                                               This Decision shall apply from 1 January 1973
                                                                     until 30 June 1976.
Whereas those rules and the manner in which they
are applied have been examined and this examination
                                                                                            Article 3
has established that the conditions governing seed
harvested and controlled in those countries as regards              This Decision is addressed to the Member States .
its characteristics, examination, identity, marking and
                                                                     Done at Brussels, 26 March 1973 .
 (M OJ No 125 , 11 . 7 . 1966 , p . 2290/66.                                                           For the Council
 (2j OJ No L 287, 26. 12. 1972 , p. 22.
(3) OJ No 125 , 11 . 7. 1966 , p . 2298/66.                                                             The President
(4) OJ No 125 , 11 . 7. 1966, p . 2309/66.
(5) OJ No L 169 , 10 . 7. 1969 , p . 3 .                                                                 A. LAVENS
 ---pagebreak--- No L 106/22                           Official Journal of the European Communities                                         20 . 4. 73
                                                              ANNEX
                                                                                         Categories
 Ref.                                                                                                                     Special
 No       Country      Authority                      Species                                                           conditions
                                                                          of the country            of the Community
  1         2           •  3                             4                       5                           6                 7
  1    Finland    Valtion Siementar­     Grass and legume species     — Basic Seed             — Basic Seed          1,3,5,8,9 , 10
                  kastuslaitos ,         subject to national rules on
                  Helsinki               varietal control             —r Certified Seed,       — Certified Seed ,    1,3 , 5 , '8 , 9 , 10
                                                                         1st generation              1st generation
                                                                      — Certified Seed ,             Certified Seed, 1,3,5,8,9 , 10
                                                                         2nd and later         — subsequent
                                                                         generations                generations
  2    Canada                            — Beet                       — Basic Seed             — Basic Seed          1,3,6,8,9 , 10
                                                                      — Certified Seed         — Certified Seed      1,3,6,8,9,10
                                         — Cereals , except canary    — Basic Seed             — Basic Seed          1,3,5,8,9 , 10
                                             grass , maize and rice
                                                                      — Certified Seed         — Certified Seed ;    1,3,5 , 8,9 , 10
                                                                                                    Certified Seed ,
                                                                                                    first generation
                                                                      — Certified Seed ,       — Certified Seed,     1,3,5,8,9 , 10
                                                                         2nd generation              2nd generation
                                                                         (except rye)                ( except rye )
                                         — Maize                      — Foundation Seed        — Basic Seed          2,3,7,8,9 , 10
                  Canadian
                  Seed Growers '                                      — Certified Seed         — Certified Seed      2,3,7,8,9 , 10
                  Association
                                         — Swede cabbage , fodder     — Foundation Seed        — Basic Seed          2,3,7,8,9,10
                                             kale, fodder radish
                                                                      — Certified or           — Certified Seed      2,3,7,8,9,10
                                                                         Registered Seed
                                                                         (foreign
                                                                         varieties)
                                         — Oil and fibre plants       — Foundation Seed        — Basic Seed          2,3,7,8,9,10
                                             (Swede rape, turnip
                                             rape, sunflower,         — Certified or           — Certified Seed,     2,3,7,8,9 , 10
                                             mustards, oil bearing       Registered Seed             1st generation
                                             flax , soya bean)           (foreign
                                                                         varieties)
  3     Norway    Statens Savarerad ,    Grass and legume species                              — Basic Seed
                  Oslo                   subject to national rules on — Basic Seed                                   1,3,5,7,8,9,10
                                         varietal control
                                                                      — Certified Seed ,       — Certified Seed ,    1,3,5,7,8,9,10
                                                                         1st generation              1st generation
                                                                      — Certified Seed,        — Certified Seed ,    1,3,5,7,8,9,10
                                                                         2nd and later               subsequent
                                                                         generations                generations
 ---pagebreak--- 20 . 4. 73                                 Official Journal of the European Communities                                   No L 106/23
                                                                                               Categories
 | Ref.                                                                                                                            pecial
   No        Country         Authority                      pedes                                         of the Communi­      conditions
                                                                               of the country                     ty
    1           2                3                            4                       5                            6                  7
    4      Sweden                             — Beet                        — Basic Seed            — Basic Seed          1,3,6,8,9 , 10
                                                                            — Certified Seed              Certified Seed  1,3,6, 8,9 , 10
                                              — Swede cabbage fodder        — Class B                — Basic Seed         2,3,7,8,9 , 10
                       Statens Centrala           kale , fodder radish
                       Frokontrollanstalt,
                       Solna                                                — Class C                — Certified Seed     2,3,7,8,9 , 10
                                              — Oil and fibre plants        — Class B                — Basic Seed         2,3,7,8,9 , 10
                                                  (turnip rape, swede rape,
                                                  white mustard , hemp ,    — Class C                — Certified Seed,    2,3,7,8,9 , 10
                                                  flax, opium poppy
                                                                                                          1st generation
    5      Switzerland — Station fédérale                                   — Basic Seed             — Basic Seed         1,3,5,8,9 , 10
                           de recherches
                           agronomiques ,                                   — Certified Seed ,       — Certified Seed ,   1 , 3 , 5 , 8 , 9 , 10
                           Lausanne           Grass and legume species        1st generation              1st generation
                                              subject to national rules on
                       — Station fédérale     varietal control              — Certified Seed, ■      — Certified Seed     1,3,5,8,9 , 10
                           de recherches                                      2nd and later               subsequent
                           agronomiques ,                                     generations                 generations
                           Zurich
     6     South       Department of          "White , blue and yellow      — Commercial             — Commercial Seed 8,10,11,12,13
           Africa      Agricultural           lupins , rich in bitter         Seed
                       Services , Division    substances
                       of Seed Control
     7      Hungary     Országos Vetömag­      Fodder radish                — El it                   — Basic Seed         2,3,7,8,9,10
                        felügyelöség
                        ( Hungarian Office                                  — Certificalt             — Certified Seed     2,3,7 , 8,9 , 10
                        in charge of Seed                                      Vetömag
                        Control ), Budapest
 ---pagebreak--- No L 106/24                           Official Journal of the European Communities                            20 . 4 . 73
                                                  SPECIAL CONDITIONS
            1 . Seed shall be officially certified and its packages officially sealed and marked in accord­
                  ance with the scheme of the Organization for Economic Cooperation and Development
                  ( OECD ) for the varietal certification of seed moving in international trade. The quality
                  of the seed shall meet the requirements of Community rules.
            2. Seed shall be officially certified and its packages officially sealed and marked in accord­
                  ance with national provisions. The quality of the seed shall meet the requirements of
                  Community rules.
            3 . Field inspection shall be carried out by State authorities or by any legal person whether
                  governed by public or by private law, acting under the responsibility of such authorities,
                  provided that such person derives no private gain from the result of the inspection .
            4. (nil)
            5. The official label shall give the following additional information :
                   (a) date of official sealing;
                   (b) statement that the seed complies with EEC rules and standards.
                  This information may also appear on another official label which, in addition, shall give
                  the name of the authority and of the country.
            6. The official label shall also give the date of official sealing.
                  This information may also appear on another official label which, in addition, shall
                  indicate the name of the authority and of the country.
            7. The official label shall give the following minimum information :
                (a) certification authority and country;
                (b) a statement that the seed complies with EEC rules and standards ;
                ( c) reference number of the lot;
                (d) species ;
                (e) varieties or, in the case of hybrids, inbred line;
                (f) category (basic seed or certified seed);
                (g) country of production ;
                 (h) declared net or gross weight;
                (i) date of official sealing;
                (j) in the case of certified seed the second and subsequent generations, number of
                        generations from basic seed ;
                 (k) in the case of hybrid varieties :
                       — the word 'hybrid',
                       — in the case of the category 'certified seed' which has not been certified within the
                           Community, a statement that the basic seed has been officially examined.
                   The colour of the label shall be:
                  — white for basic seed;
                — blue for certified seed and certified seed of the first generation ;
                — red for certified seed of subsequent generations.
            8 . Any chemical treatment of the seed shall be noted either on the official label or on a
                   special label and on the package or inside it.
 ---pagebreak--- 20. 4. 73                            Official Journal of the European Communities                               No L 106/25
           9 . An official notice placed inside the package shall give at least the reference number of
               the lot, the species and the variety ; in addition, in the case of beet seed it shall be stated,
               where appropriate, whether the seed is monogerm or precision seed.
               This notice is not necessary if the minimum information is printed indelibly on the
                package .
          10. All information required for official labels, official notices and packages shall be given
                in at least one of the official languages of the European Communities.
          11 . Seed shall be officially controlled and its packages officialy sealed and marked in accord­
                 ance with national provisions. The quality of the seed shall meet the requirements of
                 Community rules .
          12. The official label shall give the following minimum information;
                 (a) control authority and country ;
                 (b ) the words 'commercial seeds (variety uncertified)';
                 (c) a statement that the seed complies with EEC rules and standards ;
                 ( d ) reference number of the lot ;
                  (e) species and a statement that they are lupins rich in alkaloids ;
                 (f) region of production ;
                  (g) declared net or gross weight ;
                  (h) date of official sealing.
                  The colour of the label shall be brown .
           13 . An official notice placed inside the package shall give at least the information provided
                  for under point 12. (b), (d) and (e).
                  This notice is not required if the minimum information is indelibly printed on the package.