CELEX: 51995PC0622(01)
Language: en
Date: 1995-12-11
Title: Proposal for a COUNCIL DIRECTIVE on the marketing of seed potatoes (consolidated version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                              Brussels, 11.12.1995
                              COM(95) 622 final
                              95/0302  (CNS)
                              95/0303  (CNS)
                              95/0304  (CNS)
                              95/0305  (CNS)
                    Proposal for a
               COUNCIL DIRECTIVE
          on the marketing of seed potatoes
                (consolidated version)
                    Proposal for a
               COUNCIL DIRECTIVE
            on the marketing of beet seed
                (consolidated version)
    À               Proposal for a
               COUNCIL DIRECTIVE
   on the marketing of seed of oil and fibre plants
                (consolidated version)
                    Proposal for a
               COUNCIL DIRECTIVE
        on the marketing of fodder plant seed
                (consolidated version)
           (presented by the Commission)
n
I
 ---pagebreak---  ---pagebreak---           Proposal for a
     COUNCIL DIRECTIVE
on the marketing of seed potatoes
      (consolidated version)
                      S
 ---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 shoxild 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 66/403/EEC of 14 June 1966
    on aie marketing of seed potatoes 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 ^). This codified text will serve as
    the basis for future legislative developments in this field.
5.  Certain provisions of Directive 66/403/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 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, arid 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 66/403/EEC replacing "EEC" by "EC".
    This amendment and those already proposed to the Council will, following adoption, be
    incorporated in the consolidation proposal wliich 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 66/403/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
    V to the consolidated Directive.
   (1) Annex IV, part A of this proposal.
                                                 SL
 ---pagebreak---                                                 Proposal for a
                                           Council Directive ~J~JEC
                                      on the marketing of seed potatoes    95/0302 (CNS)
     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^1);
     Having regard to the opinion of the Economic and So
     cial Committee^2);
 1)  Whereas Councfl Directive 66/403/EEC of 14 June 1966
     on the marketing of seed potatoes^3) has been frequently
     and substantially amended; whereas for reasons of clarity
     and rationality the said Directive should be consolidated;
 2)  Whereas potato production occupies an important place              66/403/EEC
     in the agriculture of the Community,
 3)  Whereas satisfartory results in potato cultivation depend
     to a large extent on the use of appropriate seed pota-
     toes; whereas to this end certain Member States have
     for some time restricted the marketing of seed potatoes
     to high-quality seed potatoes; whereas they have been
     able to take advantage of the systematic plant selection
     work carried out over several decades which has resulted
     in the development of sufficiently stable and uniform po-
     tato varieties which, by reason of their characteristics,
     promise to be of great value for the purposes in view,
 4)  Whereas greater productivity will be achieved in Com-
     munity potato cultivation if for the choice of the vari-
     eties permitted to be marketed the Member States apply
     uniform rules which are as strict as possible, in particular
     as regards health status; whereas a common catalogue of             71A62/EEC
     varieties of agricultural plant species is therefore pro-
     vided for in Councfl Directive 95/...7EC<4),                       [70/457/EEC]
(1) OJNoC —
(2) OJNoC —
(3) OJ No 125,11.7.1966, p. 2320/66; as last amended by Decision
    95/65/EC (OJ No L 56,14.3.1995, p. 18).
(4) See page ... of this Official Journal.
 ---pagebreak---  5)  Whereas it is, however, justifiable to restrict marketing        66/403/EEC
     to certain varieties only if the user can be sure of actual-
     ly obtaining seed potatoes 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 and their health status;
 7) Whereas recommendations have been made within the
    framework of the Economic Commission for Europe
    concerning standardisation of the commercial quality of
    seed potatoes moving in international trade; whereas
    these recommendations relate in particular to the health
    of the progeny, whereas they may, consequently, consti-
    tute one of the bases for a uniform Community certifica-
    tion scheme;
 8) Whereas such a scheme should apply to marketing both           7.
    in other Member States and on domestic markets;                +
    whereas Community rules should not apply to seed pota-        10.
    toes shown to be intended for export to third countries;
 9) Whereas, as a general rule, seed potatoes should be al-
    lowed to be marketed only if they have been officially
    examined and certified, in accordance with the rules for
    certification, as basic seed potatoes or certified seed po-
    tatoes; whereas the choice of the technical terms 'basic
    seed potatoes' and 'certified seed potatoes' is based on
    already existing international terminology; whereas it is          69/62 /EEC
    appropriate however to amplify the provisional measures
    and to authorize the use of seed potatoes of stages prior
    to basic seed potatoes;
10) Whereas Member States may subdivide the categories of             79/967/EEC
    seed potatoes into grades satisfying different require-
    ments; whereas it seems appropriate to provide that
    Community grades and their requirements may be estab-
    lished in an accelerated procedure; whereas in this re-
    spect it should be left to Member States to decide the
    extent to which they apply these grades to their own
    production;
11) Whereas, in the light of modem advances in propagation            90/404/EEC
    techniques, it is appropriate to lay down a Community
    procedure for the establishment of specific rules applica-
    ble to the marketing of seed potatoes produced by tech-
    niques mvorving micro-propagation;
12) Whereas seed potatoes which are not placed on the mar-         9. 66/403/EEC
    ket should not, in view of their minor economic impor-
    tance, be subject to Community rules; whereas Member
    States must retain the right to make such seed potatoes
    subject to special provisions;
 ---pagebreak--- 13) Whereas it is necessary to provide that bred seed of gen-        72/418/EEC
    erations prior to basic seed and plants, which may be            (adapted)
    admitted for marketing in the different Member States,
    shall correspond to the requirements laid down by this
    Directive;
14) Whereas, in order to improve not only the genetic value      11. 66/403/EEC
    and health status of Community seed potatoes but also
    their external characters, provision should be made for
    tolerances in respect of impurities, blemishes and dis-
    eases in seed potatoes;
15) Whereas Member States may be authorized, in respect              89/366/EEC
    of the marketing of seed potatoes in all or part of their
    territories, to take more stringent measures than pro-
    vided for in Annex I against particular virus diseases
    which do not exist in those regions or which appear par-
    ticularly harmful to crops in those regions; whereas it
    has appeared that the scope of this provision should be
    extended to harmful organisms other than virus diseases;
16) Whereas, in order to ensure the identity of the seed po-     12. 66/403/EEC
    tatoes, Community rules on packaging, 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 user and should
    clearly show the Community nature of the certification;
17) Whereas, in order to ensure that both the requirements       13.
    as to the quality of the seed potatoes and the provisions
    for ensuring their identity are complied with during mar-
    keting, Member States must make provision for ap-
    propriate control arrangements;
18) Whereas seed potatoes satisfying these requirements          14.
    should, without 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 Community rules provide for tolerances in respect
    of diseases, harmful organisms or their vectors;
19) Whereas provision should be made for authorizing the         16.
    marketing within the Community of seed potatoes har-
    vested in third countries only if they afford the same
     assurances as seed potatoes officially certified within the
     Community and complying with Community rules;
20) Whereas, during periods in which there are difficulties in   17.
     obtaining supplies of certified seed potatoes of the vari-
     ous categories, seed potatoes satisfying less stringent re-
     quirements should temporarily be permitted to be mar-
     keted;
 ---pagebreak--- 21)  Whereas, in order to ensure that seed potatoes certified  18.
     in the Member States satisfy the requirements laid down
     and to enable comparisons to be made in the future be-
     tween such seed potatoes and those œming from third
     countries, Community test fields should be established in
     Member States to permit annual post-control of the vari-
     ous categories of certified seed potatoes; whereas the
     Member States should be authorized to prohibit the
     marketing of all or certain varieties of seed potatoes
     ccrming from other Member States if the comparative
     tests have given unsatisfactory results over a period of
     several years;
22)  Whereas for the exercise of implementation powers con-    19. (adapted)
     ferred on the Commission, it seems appropriate that the
     Commission be assisted by the Standing Ckîmmittee 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*1);
23)  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 IV, part B,
     HAS ADOPTED THIS DIRECTIVE:
(1) OJ No L197,18.7.1987, p. 33.
 ---pagebreak---                            Article 1
This Directive shall apply to seed potatoes marketed with-    66/403/EEC
in the Community.
It shall not apply to seed potatoes shown to be intended                                 Article 17
for export to third countries.
                           Article 2
1»   For the purposes of this Directive,                      69/62/EECArt.2(l)
A. 'Basic seed potatoes' means potato tubers
     (a) which have been produced according to accepted
          practices for the maintenance of the variety and
          of health;
     (b) which are intended mainly for the production of
          certified seed potatoes;
     (c) which satisfy the minimum conditions laid down
           in Annexes I and II for basic seed potatoes; and
     (d) which have been found by official examination to
          satisfy the minimum conditions laid down above;
B.   'Certified seed potatoes' means potato tubers
     (a) which has been produced directly from basic          69/62/EECArt.2(2)
           seed or, if the breeder so requests, from seed of  Corrigendum, English Special Edition, p. 30
           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 are intended mainly for the production of      66/403/EEC
          potatoes other than seed potatoes;
     (c) which satisfy the minimum conditions laid down
           in Annexes I and II for certified seed potatoes;
           and
     (d) which have been found by official examination to
           satisfy the abovementioned minirmrm conditions;
C    '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.
 ---pagebreak---  2. Member States, during a transitional period of not       69/62/EECArt.2(3)
 more than two years after the entry into force of the laws,
 regulations or administrative provisions necessary to com-
ply with this Directive, and by way of derogation from
point B of paragraph 1, may certify as certified seed pota-
toes, seed potatoes produced directly from seed potatoes     Corrigendum, English Special Edition, p. 30
officially controlled in a Member State under the scheme
in operation at that time and which afford the same assur-
ances as seed potatoes certified as 'basic seed potatoes' or
'certified seed potatoes' in accordance with the principles
of this Directive;
                           Article 3
                                                             66/403/EEC
1. Without prejudice to the provisions laid down in Di-      (adapted)
rective 95/.../EC, Member States shall provide that seed     [70/457/EEC]
potatoes may not be placed on the market unless they
have been officially certified as 'basic seed potatoes' or
'certified seed potatoes' and unless they satisfy the mini-
mum conditions laid down in Annexes I and ri. The
Member States shall provide that seed potatoes which do
not during marketing satisfy the minimum conditions laid
down in Annex II may be sorted. The tubers which are not
rejected shall then undergo a further official examination.
2.    Member States may:
A. subdivide the categories of seed potatoes provided for
      in Article 2 into grades satisfying different require-
      ments;
B.    provide for derogations from the provisions of the
      first sentence of paragraph 1:
      (a) for seed potatoes of generations prior to basic
            seed potatoes,
      (b) for tests or for scientific purposes,
      (c) for selection work.
3. For seed potatoes which have been officially certified,   79/967/EECArtl
the following may be determined in accordance with the
procedure laid down in Article 19 (2):
— Community grades,
— the conditions applicable to such grades,
— designations applicable to such grades.
Member States may prescribe the extent to which they
apply these Community grades in certifying their own pro-
duction.
 ---pagebreak---  4. For seed potatoes produced by micropropagation            90/404/EECArLl(l)
 techniques and not meeting the size requirements of this
 Directive, the following may be determined in accordance
with the procedure laid down in Article 19 (2):
—     derogation from specific provisions of this Directive,
—     the conditions applicable to such seed potatoes,
—     the designations applicable to such seed potatoes.
                          Article 4
Member States may, as regards the rninimum conditions         66/403/EEC
laid down in Annexes I and H, impose additional or more
stringent requirements for the certification of seed pota-
toes produced in their own territory.
                          Article 5
Member States shall require that, for the examination of      78/692/EECArt 4(1)
seed potato tubers for certification, samples are taken offi-
cially in accordance with appropriate methods.
                          Article 6
Member States shall provide that seed potatoes may not        66/403/EEC
be placed on the market if they hâve been treated with
sprout inhibitors.
                          Article 7
1. Member States shall provide that seed potatoes may
not be placed on the market unless they have a minimum
size such that they do not pass through a square mesh of
28 x 28 mm; for varieties having, on an average, a length
of at least twice the greatest width, the square mesh must
not be less than 25 x 25 mm. In the case of tubers which      72/418/EECArt4(l)
are too large to pass through a square mesh of 35 x 35
mm, the upper and lower d e l i m i t s shall he expressed in
multiples of five. The maximum variation in size between
tubers in a loi shall be such that the difference between     69/62/EECArt.3
the dimensions of the two square meshes used does not
exceed 20 mm.
2. A loi shall not contain more than 3 % by weight of         69/62/EECArt.3
tubers smaller than the minimum size indicated or more
than 3 % by weight of tubers larger than the maximum
size indicated.
3. Member States may, in respect of seed potatoes pro-
duced in their national territory, further reduce the per-
mitted variation in size between tubers in a lot              69/62/EECArt.3
 ---pagebreak--- 4.     Member States may                                       72/418/EECArt4(2)
(a) apply the provisions of the second part of the first
      sentence of paragraph 1 to varieties other than those
      referred to therein;
(b) increase the maximum permitted variation in size be-
      tween tubers in a lot.                                   Corrigendum, English Special Edition, p. 106
                           Article 8
1. Member States shall require that basic seed potatoes        72/418/EEC A r t 4 (3)
and certified seed potatoes be marketed only in sufficiently
homogeneous lots and in closed packages or containers
which must be sealed and bear, as prescribed in Articles 9
and 10, a sealing device and markings. The packages must
be new; the containers must be clean.
2. Member States may, for the marketing of small quan-         66/403/EEC
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 and con-          78/692/EECArt 4 (2)
tainers of basic seed potatoes and certified potatoes be
sealed officially or under official supervision in such a
manner that they cannot be opened without damaging the
system of sealing or leaving evidence of tampering on
either the official label provided for in Article 10 (1) or
the package.
In order to ensure closure, the sealing system shall com-
prise 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 19
(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        69/62/EECArt.5
be resealed, whether one or more times, except officially
or under official supervision. If packages are resealed, the   78/692/EECArt 4 (3)
fact of resealing, the most recent date of resealing and the
authority responsible therefor shall be stated on the label
required under Article 10 (1).
3. Member States may provide for exceptions to para-           75/444/EECArt4
graph 1 in the case of small packages.
                                             10
 ---pagebreak---                             Article 10
 1. Member States shall require that packages and con-          78/692/EEC Art 4 (4)
 tainers of basic seed potatoes and certified seed potatoes:
 (a) be labelled on the outside with an official label which
      has not previously been used, which fulfils the condi-
      tions laid down in Annex HI and the particulars of
      which are provided in one of the official languages of
      the Community. The colour of the label shall be
      white for basic seed potatoes and blue for certified
      seed potatoes. When a label with a string-hole is
      used, its attachment shall be ensured in all cases with
      an official seaL The use of official adhesive labels
      shall be authorized. In accordance with the procedure
      laid down in Article 19 (2), the indelible printing of
      the prescribed particulars on the package in accord-
      ance with the label model may be authorized under
      official supervision;
(b) contain an official document, in the same colour as
      the label, providing at least the label particulars re-
      quired under Annex HI (A) (3), (4) and (6). This
      document shall be drawn up in such a manner that it
      cannot be confused with the official label referred to
      under (a).
      This document shall not be necessary if     the particu-
      lars are printed indelibly on the package   or if, in ac-
      cordance with the provisions under (a),     an adhesive
      label or a label of tear resistant material is used.
2. The Member States may provide for derogations from
paragraph 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       66/403/EEC - 88/380/EEC Art. 4 (1)
States to require that packages or containers of basic seed     72/418/EECArt4(5)
potatoes or certified seed potatoes, whether the seed
potatoes have been produced in their own territory or im-
ported, must, if the seed potatoes are to be marketed with-
in their territory, bear a supplier's labeL
2. The label referred to in paragraph 1 shall be drawn          88/380/EEC Art 4 (2)
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         66/403/EEC
of basic seed potatoes or certified seed potatoes be noted
either on the official label or on the supplier's label and
on the package or inside it or on the container.                72/418/EEC Art 4 (6)
                                              11
 ---pagebreak---                             Article 13
 1. Member States shall ensure that basic seed potatoes       66/403/EEC
and certified seed potatoes which have been officially certi-
fied and whose package or containers have been marked         72/418/EEC A r t 4 (7) - 72/418/EEC Art. 4 (7)
and sealed officially or under official supervision as pre-
scribed in this Directive are subject to no marketing re-
strictions as regards their characters, examination arrange-
ments, marking and sealing other than those laid down in
this Directive.
2. The Commission, acting in accordance with the pro-         89/366/EECArtl(l)
cedure laid down in Article 19 (2). shall, in respect of the
marketing of seed potatoes in all or part of the territory of
one or more Member States, authorize more stringent
measures than those provided for in Annexes I and II to
be taken against harmf^ organisms which do not exist in
those regions or which appear particularly harmful to crops
in those regions. Where there is imminent danger of the
introduction or spread of such harmful organisms, and
until such time as the Commission has given a final ruling
on the matter, such measures may be taken by the
Member State concerned as soon as its request has been
submitted.
3. Member States which have provided for exemptions           72/418/EECArt4(8)
in accordance with the provisions of point B (a) of Article
3 (2) shall ensure that bred seed potatoes of stages prior
to basic seed potatoes are subject to no marketing restric-
tions on account of their characteristics, examination ar-    Corrigendum, English Special Edition, p. 106
rangements, marking and sealing,
(a) if they have 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
      potatoes,
(b) if they are placed in packages or containers in accord-
      ance with the provisions of this Directive, and
(c) if the packages or containers bear an official label giv-
      ing at least the following particulars:
      —     certification authority and Member State or their
            distinguishing abbreviation
      —     producer's identification number or loi reference Corrigendum, English Special Edition, p. 106
            number
      —     month and year of sealing                         78/692/EECArt 4 (6)
      —     species, indicated at least in roman characters,  88/380/EEC A r t 4 (3)
            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 'pre-basic seed potatoes'.        72/418/EECArt4(8)
      The label shall be white with a diagonal violet line.   Corrigendum, English Special Edition, p. 106
                                              12
 ---pagebreak---                            Article 14
1. Member States may prohibit, in whole or in part, the       66/403/EEC
marketing of seed potatoes harvested in another Member
State if the progeny of officially drawn samples of basic
seed potatoes or certified seed potatoes harvested in that
Member State and grown in one or more Community test
fields has for three successive years fallen appreciably
below the minimum conditions laid down in Annex I (1)
(c), (2) (c), (3) and (4). Satisfaction of the other minimum  71/162/EECArt4(2)
conditions laid down in AnneT T may also be checked dur-
ing the comparative tests.
2. Any measures taken under paragraph 1 shall be with-
drawn as soon as it has been established with adequate
certainty that the basic seed potatoes and certified seed
potatoes harvested in the Member State concerned will in
future satisfy the minimum conditions referred to in para-
graph 1.
3. Before the measures provided for in paragraph 1 are
taken a reasoned opinion shall be requested from the
Committee referred to in Article 19 (1). Its opinion shall
also be sought if a Member State refuses to withdraw a
measure taken under paragraph 1 where its withdrawal ap-
pears to be required under paragraph 2.
4. The necessary arrangements, acting in accordance
with the procedure laid down in Article 19 (2), shall be
made for the comparative tests to be carried out Seed po-
tatoes harvested in third countries may be included in the
comparative tests.
                           Article 15
1. The Council, acting by a qualified majority on a pro-
posal from the Commission, shall determine whether seed
potatoes harvested in a third country and affording the
same assurances as regards their characteristics and the      Corrigendum, English Special Edition, p. 19
arrangements for their inspection, for ensuring identity, for
marking and for control are equivalent in these respects to
basic seed potatoes or certified seed potatoes harvested
within the Community and complying with the provisions
of this Directive.
2. Until such time as the Council has taken a decision
under paragraph 1, the Member States shall be free to
take such decisions themselves. This right shall expire on 1
July 1975.                                                    73/438/EECArt4(l)
3. Member States are hereby authorized to extend until        90/404/EECArt. 1(2)
31 March 1995 the validity of decisions taken in accord-      95/65/ECArtl
ance with paragraph 2, it being understood that these deci-
sions may be used only in accordance with Member States'
obligations under the common rules on plant health laid
down by Council Directive 95/.../EEC W.                       [77/93/EEC]
 (!) OJNoL
                                              13
 ---pagebreak---  The period in the first subparagraph may be extended for     90/404/EECArtl(2)
 third countries, in accordance with the procedure laid
 down in Article 19 (2), if the available information does
 not permit a determination according to paragraph 1 and
 for as long as such information does not permit such a
 determination.
4. Paragraphs 1 and 2 shall also apply in respect of any      72/274/EECArt2
new Member State from the date of its accession to the
date on which it is to bring into force the laws, regulations
or administrative provisions necessary to comply with this
Directive.
                          Article 16
1. In order to remove any temporary difficulties in the       72/418/EECArt4(9)
general supply of basic seed potatoes or certified seed
potatoes 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
procedure laid down in Article 19 (2), to permit, for a
specified period, the marketing of seed potatoes of a cat-
egory subject to less stringent requirements or of seed po-
tatoes of varieties not included in the 'Common Catalogue
of Varieties of Agricultural Plant Species' or in their
national catalogues of varieties.
2. For that category the colour of the official label shall   66/403/EEC
be brown. The label shall always state that the seed          69/62/EECArt8
potatoes in question are of a category satisfying less strin-
gent requirements.
3. Rules for the application of paragraph 1 may be            88/332/EECArt4
adopted in accordance with the procedure laid down in Ar-
ticle 19 (2).
                          Article 17                                                         ArtickM
L. Member States shall make suitable arrangements for         66/403/EEC - 72/418/EEC Art. 4 (10)
seed potatoes to be officially verified during marketing, at
least by sampling, as regards their compliance with the re-
quirements of this Directive.
2. Member States shall take all necessary measures to         72/418/EECArt4(ll)
ensure that the following particulars are presented during
the marketing of seed potatoes coming from another
Member State or from a third country:
(a) species,
(b) variety,
(c) category,
(d) country of production and control authority,
(e) country of dispatch,
(f)   importer,
(g) quantity of seed potatoes.
                                            14
 ---pagebreak---  The manner in which these particulars must be presemed      72/418/EECArt4(ll)
 may be determined in accordance with the procedure laid
 down in Article 19 (2).
                         Article 18                                             Ankk 19a
 Amendments to be made to the content of the Annexes in      73/438/EECArt4(2)
 the light of the development of scientific or technical
 knowledge shall be adopted according to the procedure
 laid down in Article 19 (2).
                         Article 19
 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 W.
 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
proposal from the Commission. The votes of the represen-
tatives of the Member States within the Committee shall
be weighted in the manner set out in that Article. The
chairman shall not vote.
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accor-
dance 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 Councfl, 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         (adapted)
relevant to the subject matter of this Directive.
                         Article 20
Save as otherwise provided in Annexes I and II in respect   66/403/EEC
of tolerances for diseases, harmful organisms or their
vectors, this Directive shall be without prejudice to the
provisions of national laws justified on grounds of the
protection of health and life of humans, animals or plants
or the protection of industrial and commercial property.
 (1) OJNoL125,11.7.1966, p. 2289/66.
                                           15
 ---pagebreak---                          Article 21
1. The Directives listed in Annex TV, Part A, are hereby
repealed without prejudice to the obligations of the Mem-
ber States concerning the deadline for transposition of the
said Directives set out in Annex TV, Part B.
2. References to the repealed Directives shall be cons-
trued as references to this Directive and should be read in
accordance with the correlation table set out in Annex V
                         Article 22
This Directive shall enter into force the twentieth day
following that of its publication in the Official Journal of
the European Communities.
                         Article 23
This directive is addressed to the Member States.
Done at Brussels,
                                           For the Councfl,
                                             The President
                                           16
 ---pagebreak---                          ANNEX I                               66/403/EEC
    Minimum conditions to be satisfied by seed potatoes
 1.   Basic seed potatoes      shall satisfy    the  following
     conditions:
      (a) On official inspection of the growing plants the
           number affected by blackleg must not exceed
           2%;
     (b) In the direct progeny the number of plants not
           breeding true to the variety must not exceed
           0,25 % and the number of plants of a different
          variety must not exceed 0,1 %;
     (c) In the direct progeny the number of plants show-
           ing symptoms of mild or severe virus infection
           must not exceed 4 %.
2.   Certified seed potatoes shall satisfy the following
     conditions:
     (a) On official inspection of the growing plants the
          number affected by blackleg must not exceed
          4%;
     (b) In the direct progeny the number of plants not
          breeding true to the variety must not exceed
          0,5 % and the number of plants of a different
          variety must not exceed 0,2 %;
     (c) In the direct progeny the number of plants
          showing symptoms of severe virus infection must
          not exceed 10 %. Light mosaics merely causing
          discoloration and not leaf deformation shall be
          ignored.
3.   In assessing the progeny of a variety affected by a
     chronic virus disease, slight symptoms caused by the
     virus in question shall not be taken into account
4.   The tolerances allowed under Items 1 (c), 2 (c) and 3
     are applicable only where the virus diseases are
     caused by viruses that are prevalent in Europe.
5.   The production ground must not be infected by Heter-      72/418/EECArt4(12)
     odera rostochiensis Woll.
6.   The crop must be free from
     (a) Synchytrium endobioticum (Schilb.) Perc.
     (b) Corynebacterium sepedonicum           (Spieck.   and
          Kotth.) Skapt and Burkh.
                                             17
 ---pagebreak---                        ANNEX II                             66/403/EEC
   Minimum quality conditions for lots of seed potatoes
    Tolerances for the following impurities, blemishes and 72/418/EEC Art 4 (13)
    diseases allowed for seed potatoes:
    1. Presence of earth and extraneous
                                              2 % by weight
         matter
    2. Dry and wet rot, except if caused by
         Synchytrium endobioticum, Coryne-
         bacterium sepedonicum or Pseudo-
         monas solanacearum                   1% by weight
    3.   External blemishes, e.g. misshapen
         or damaged tubers                    3 % by weight
    4. Common scab: tubers affected over
         more than one-third of their surface 5 % by weight
    Total tolerance for Items 2 to 4          6 % by weight
B.  The seed potatoes shall be free from Heterodera rosto-  72/418/EEC Art. 4 (14)
    chiensis, Synchytrium endobioticum, Corynebacterium
    sepedonicum and Pseudomonas solanacearum.
                                           18
 ---pagebreak---                       ANNEX in                         66/403/EEC
                         Label
A. Required information
   1.  *EEC rules and standards'                       69/62/EECArt.9(l)
   2.  Certification authority and Member State or
       their initials
   3.  Producer's identification number or reference   66/403/EEC
       number of lot
   4.  Month and year of sealing                       78/692/EECArt 4 (7)
   5.  Variety, indicated at least in roman characters 66/403/EEC - 88/380/EEC Art. 4 (4)
   6.  Country of production
   7.  Country of production
   8.  Size
   9.  Declared net weight
B. Minimum dimensions                                  66/403/EEC
   110 mm x 67 mm
                                         19
 ---pagebreak---                                         ANNEX TV
                                           Part A
                                  Repealed Directives
                               (referred to by Article 21)
Directive 66/403/EEC
and its successive amendements
Directive 69/62/EEC
Directive 71A62/EEC                     only Article 4
Directive 72/274/EEC                    only conœrningreferences made to Artidesl and
                                        2 on the provisions of Directive 66/403/EEC
Directive 72/418/EEC                    only Artide 4
Directive 73/438/EEC                    only Artide 4
Directive 75/444/EEC                   only Artide 4
Directive 76/307/EEC
Directive 77/648/EEC
Directive 78/692/EEC                   only Artide 4
Directive 78/816/EEC
Directive 79/967/EEC                   only Artide 1
Directive 80/52/EEC
Directive 81/561/EEC                   only Artide 2
Directive 84/218/EEC
Directive 86/215/EEC
Directive 87/374/EEC
Directive 88/332/EEC                   only Artide 4
Directive 88/359/EEC
Directive 88/380/EEC                   only Artide 4
Directive 89/366/EEC
Directive 90/404/EEC
Directive 90/654/EEC                   only concerning references made to Article 2 and
                                       to Annex II (1) (4) on the provisions of Directive
                                       66/403/EEC
Directive 91/127/EEC
Directive 92/17/EEC
Directive 93/3/EEC
Directive 93/108/EC
                                                           20
 ---pagebreak---                                                              Part B
                                       Deadline for transposition into national law
                                                  (referred to by Article 21)
                         Directive                                               Deadlines for transposition
Directive 66/403/EEC (OJ No 125,11. 7.1966, p. 2320/66)            July 1968 (Artide 13 (1))
                                                                   Jury 1969 (other provisions) C1) <2> <3)
Directive 69/62/EEC (OJ No L 48,26. 2.1969, p. 7)                  July 1969 (!)
Directive 71/162/EEC (OJ No L 87,17.4.1971, p. 24)                 July 1970 (Artide 4 (3))
                                                                   July 1972 (Artide 4 (l))*1)
                                                                   Jury 1971 (other provisions)
72/274/EEC (OJ No L171, 29. 7.1972, p. 37)                         Jury 1972 (Artide 1)
                                                                   January 1973 (Artide 2)
72/418/EEC (OJ No L 287,26.12.1972, p. 22)                         July 1973
Directive 73/438/EEC (OJ No L 356,27.12.1973, p. 79)               July 1973 (Artide 4(1))
                                                                   January 1974 (Artide 4 (2))
Directive 75/444/EEC (OJ No L196,26. 7.1975, p. 6)                 July 1977
Directive 76/307/EEC (OJ No L 72,18. 3.1976, p. 16)                Jury 1975
Directive 77/648/EEC (OJ No L 261,14.10.1977, p. 21)               January 1977
Directive 78/692/EEC (OJ No L 236, 26.8.1978, p. 13)               Jury 1977
Directive 78/816/EEC (OJ No L 281,6.10.1978, p. 18)                Jury 1978
Directive 79/967/EEC (OJ No L 293,20.11.1979, p. 16)               January 1980
Directive 80/52/ EEC (OJ No L18,24.1.1980, p. 29)                  Jury 1979
Directive 81/561/EEC (OJ No L 203,23.7.1981, p. 52)
Directive 84/218/EEC (OJ No L104,17.4.1984, p. 19)
Directive 867215/EEC (OJ No L152,6.6.1986, p. 46)
Directive 87/374/ EEC (OJ No L197,18. 7.1987, p. 36)
Directive 88/332/EEC (OJ No L151,17. 6.1988, p. 82)
Directive 88/359/EEC (OJ No L174,6. 7.1988, p. 51)
Directive 88/380/EEC (OJ No L187,16.7.1988, p. 31)               1 July 1990
Directive 89/366/EEC (OJ No L159,10.6.1989, p. 59)
Directive 90/404/EEC (OJ No L 208,7. 8.1990, p. 30)
Directive 90/654/EEC (OJ No L 353,17.12.1990, p. 48)
Directive 91/127/EEC (OJ No L 60,7. 3.1991, p. 18)
Directive 92/17/EEC (OJ No L 82,27. 3.1992, p. 69)
Directive 93/3/EEC (OJ No L 54,5.3.1993, p. 21)                  28 February 1993
Directive 93/108/EC (OJ No L 319,21.12.1993, p. 39)              1 December 1993
(1) For Denmark, Ireland and the United Kingdom, 1 Jury 1973 for Arucle 13 (1), 1 Jury 1974 for the other provisions concerning
    bask seed potatoes and 1 Jury 1976 for the other provisions.
(2) 1 January 1986 for Greece, 1 March 1986 for Spain, and 1 January 1991 for Portugal
                                                               21
 ---pagebreak--- (3) 1 January 1995 for Austria, Finland and Sweden.
     However
    - Sweden shall be allowed to maintain a tolerance limit of 40 % by weight for tubers affected over more than one tenth of their
        surface with common scab, relating to the marketing in its territory of seed potatoes until 31 December 19% at the latest. This
        tolerance limit shall apply solely to seed potatoes produced in areas of Sweden in which particular problems with common scab
        have been experienced.
        Such seed potatoes shall not be introduced into the territory of other Member States;
    - Sweden shall adapt its legislation in this respect to comply with the relevant part of Annex II to the Directive by the date of expiry
        of the above period;
    - Sweden shall apply from the date of accession those provisions of the Directive which ensure access for material complying with
        the Directive to marketing in its territory.
                                                                   22
 ---pagebreak---                                            ANNEX V
                                       CORRELATION TABLE
                  Directive 66/403/EEC                               This Directive
Artide 1                                        Artide 1,1st subparagraph
Artide 17                                       Artide 1, 2nd subparagraph
Artide 2                                        Artide 2
Artide 3                                        Artide3
Artide4                                         Artide 4
Artide5                                         Artide 5
Artide 6                                        Artide6
Artide 7                                        Artide7
Artide8                                         Artide 8
Artide 9                                        Artide 9
Artide 10                                       Artide 10
Artide 11                                       Artide 11
Artide 12                                       Artide 12
Artide 13 (1)                                   Artide 13 (1)
Artide 13 (2)                                   Artide 13 (2)
Artide 13 (3)
Artide 13 (4)                                   Artide  13(3)
Artide 14                                       Artide  14
Artide 15 (1)                                   Artide  15(1)
Artide 15 (2)                                   Artide  15(2)
Artide 15 (2) (a)                               Artide  15(3)
Artide 15 (3)                                   Artide  15(4)
Artide 16                                       Artide  16
Artide 18                                       Artide  17
Artide 19a                                      Artide  18
Artide 19                                       Artide  19
Artide 20                                       Artide  20
Artide 21
                                                Artide 21
                                                Article 22
                                                Artide 23
ANNEX I                                         ANNEXI
ANNEX II                                        ANNEX II
ANNEX i n , Part A ( l )                        ANNEX IU, Part A (1)
ANNEX i n , Part A (2)                          ANNEX in, Part A (2)
ANNEX i n , Part A (3)                          ANNEX in, Part A (3)
ANNEX i n , Part A (3a)                         ANNEX in, Part A (4)
ANNEX in, Part A (4)                            ANNEX in, Part A (5)
ANNEX i n , Part A (5)                          ANNEX IU, Part A (6)
ANNEX i n , Part A (6)                          ANNEX IU, Part A (7)
ANNEX IU, Part A (7)                            ANNEX i n , Part A (8)
ANNEX i n , Part A (8)                          ANNEX III, Part A (9)
ANNEX m , Part B                                ANNEX IIL PartB
                                                ANNEX IV
                                                ANNEX IV
                                              23
 ---pagebreak---         Proposal for a
  COUNCIL DIRECTIVE
on the marketing of beet seed
    (consolidated version)
                   £^ b ^
 ---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 instrument which had been amended several times,
      often substantially, and unanimously agre en the need for a working method which
      would use legislative consolidation as a         n of achieving greater clarity and trans-
      parency.
2.    On 1 April 1987 the Commission therefore dedded 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 condusions 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 (repladng existing legislation without chang-
     ing its substance) to be adopted in a speedy and efficient way".
4.   The proposed consolidated version of Council Directive 66/400/EEC of 14 June 1966
     on the marketing of beet 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 prindples 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 codified text will serve as the
     basis for future legislative developments in this field.
5.   Certain provisions of Directive 66/400/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 finandal 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 66/400/EEC repladng "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 66/400/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
     VI to the consolidated Directive.
    (*) Annex V, part A of this proposal.
                                             Zu
 ---pagebreak---                                              Proposal for a
                                     COUNCIL DIRECTIVE -/.../EC
                                                                            95/0303 (CNS)
                                      on the marketing of beet 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 (}),
    Having regard to the opinion of the Economic and So-
    cial Committee ( 2 ),
1)  Whereas Council Directive 66/400/EEC of 14 June 1966
    on the marketing of beet seed ( 3 ) has been frequently
    and substantially amended; whereas for reasons of darity
    and rationality the said Directive should be consolidated;
2)  Whereas the production of sugar beet and fodder beet               66/400/EEC
    (hereinafter called *beet') occupies an important place in
    the agriculture of the Community,
3)  Whereas satisfactory results in beet cultivation depend to
    a large extent on the use of appropriate seed; whereas to
    this end certain Member States have for some time re-
    stricted the marketing of beet seed to high-quality seed;
    whereas they have been able to take advantage of the
    systematic plant selection work carried out over several
    decades which has resulted in the development of suffi-
    ciently stable and uniform types and varieties of beet
    which, by reason of their characteristics, promise to be
    of great value for the purposes in view;
4)  Whereas greater productivity will be achieved in Com-           3.
    munity beet cultivation if for the choice of varieties per-
    mitted to be marketed the Member States apply uniform           +
    rules which are as strict as possible; whereas a common         2. 71/162/EEC
    catalogue of varieties of agricultural plant spedes is
    therefore provided for in Council Directive 95/..7EC ( 4 );        [70/457/EEC]
(1) OJNoC_
(2) O J No C _
    OJ No 125,11.7.196$)p. 2290/66; as last amended by the Act of
    Accession AT, FL SE.
(4) See page.~ of this Official Journal.
                                                        R<5~
 ---pagebreak---   5)    Whereas it is, however, justifiable to restrict marketing      66/400/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
       for maize seed (Food and Agriculture Organization of
       the United Nations) and |or herbage seed (Organization
       for Economic Co-operation and Development);
  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 scheme should therefore apply to marketing both in
      other Member States and on domestic markets;
 9)   Whereas it has become apparent, in the course of apply-          75/444/EEC
      ing the Directive, that small packages of beet seed form
      an item of trade within the Community; whereas it ac-
      cordingly seems necessary to harmonize this sector;
10)   Whereas, as a general rule, beet seed should be allowed          66/400/EEC
      to be marketed only if it has been offidally examined
     and certified, in accordance with the rules for certifi-
     cation, 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;
11)  Whereas Community rules should not apply to seed              11.
     shown to be intended for export to third countries;
12)  Whereas, in order to improve the quality of Community         12.
     beet seed, certain requirements must be laid down as to
     polyploidy, monogermity segmentation, analytical purity,
     germination and moisture content; whereas, in adopting
     provisions in this field, account should be taken of the
     requirements based on the recommendations of the In-
     ternational Institute for Sugar Beet Research, which are
     already in general application in the sugar beet seed
     trade;
13)  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 offidal verifi-
     cation and for the information of the farmer and should
     clearly show the Community nature of the certification;
14)  Whereas, in order to ensure      that both the requirements   14.
     as to the quality of seed and    the provisions for ensuring
     its identity are complied          with during marketing,
     Member States must make           provision for appropriate
     control arrangements;
                                                        &6
 ---pagebreak--- 15)   Whereas seed satisfying these requirements should, with-   15.
      out prejudice to Artide 36 of the Treaty, be subject to
      no marketing restrictions other than those provided for
      in Community rules;
16)   Whereas restrictions include in particular the obligation  16.  (adapted)
      of the Member States to restrict the marketing of seed
      to those varieties allowed by the catalogue provided for
      by Directive 95/..TEC;                                         [70/457/EEC]
17)  Whereas, subject to certain conditions, seed multiplied in  17.
     another country from basic seed certified in a Member
     State should be recognized as being equivalent to seed
     multiplied in that Member State;
18)  Whereas, on the other hand, provision should be made        18.
     for authorizing the marketing within the Community of
     beet seed harvested in third countries only if such seed
     affords the same assurances as seed officially certified
     within the Community and complying with Community
     rules;
19)  Whereas, during periods in which there are difficulties in  19.
     obtaining supplies of certified seed of the various cat-
     egories, seed satisfying less stringent requirements should
     temporarily be permitted to be marketed;
20)  Whereas, in order to harmonize the technical methods        20.
     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 cat-
     egory 'certified seed';
21)  Whereas for the exercise of implementation powers con-      21. (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 Artide 2 (H) of
     Councfl Decision 87/373/EEC (*);
22)  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 V, part B,
     HAS ADOPTED THIS DIRECTIVE:
 (1) OJ No L 197,18.7.1987, p. 33.
                                                      *ty
 ---pagebreak---                           Article 1
This Directive shall apply to beet seed marketed within the  66/400/EEC
Community.
It shall not apply to beet seed shown to be intended for     (Artide 18)
export to third countries.
                          Article 2
L,   For the purposes of this Directive,                     69/61/EEC - Art. 3(1)
A. "Beet" means sugar and fodder beet of the spedes
     Beta vulgaris L;
B.   "Basic seed" means seed
     (a) which has been produced under the responsibility
          of the breeder according to well-defined practi-
          ces 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 Artide 4,
          satisfies the conditions laid down in Annex I for
          basic seed; and
     (d) which has been found by offidal examination to
          satisfy the abovementioned conditions;
C. "Certified seed" means seed
     (a) which is of direct descent from basic seed;
     (b) which is intended for the production of beet;
     (c) which, subject to the provisions of point (b) of
          Artide 4, satisfies the conditions laid down in
          Annex I for certified seed; and
     (d) which has been found by offidal examination to
          satisfy the abovementioned conditions;
D. "Monogerm seed" means genetically monogerm seed;
     "Precision seed" means seed designed for use in pre-    69/61/EEC - Art 3(2)
     dsion drills which, as required under Annex I (B) (3)
     (b) (bb^ and (cc). gives single seedlings;              88/380/EEC - Art 1(1)
     "Offidal measures" means measures taken                 66/400/EEC
     (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;
                                           &&
 ---pagebreak---       provided that the persons mentioned under (b) and          66/400/EEC
      (c) derive no private gain from such measures;
G.    "Small EEC packages" means packages containing the         75/444/EEC - Art. 1(1)
      following certified seeds:
      —    monogerm or precision seed: not exceeding
           100 000 clusters or grains or a net weight of
           2,5 kg excluding, where appropriate, granulated
           pestiddes, pelleting substances or other solid
           additives;
      —    seed other than monogerm or prerision seed: not
           exceeding a net weight of 10 kg, excluding,
           where appropriate, granulated pesticides, pellet-
           ing substances or other solid additives.
2. The different types of varieties, including the compo-        88/380/EEC - Art. 1(2)
nents, eligible for certification under the provisions of this
Directive, may be specified and defined in accordance with
the procedure laid down in Article 24 (2).
3. Member States may, during a transitional period of            69/61/EEC - A r t 3(3)
not more than four years after the entry into force of the
laws, regulations or administrative provisions necessary to
comply with this Directive, and by way of derogation from
point C of paragraph 1, certify as certified seed, seed
which is of direct descent from seed offidally 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.
                            Article 3
1. Member States shall provide that beet seed may not            66/400/EEC
be placed on the market unless it has been officially certi-
fied as 'basic seed' or 'certified seed' and unless it satisfies
the conditions laid down in Annex I (B).
2. Member States shall ensure that the offidal examina-
tions of seed are carried out in accordance with current
international methods, in so far as such methods exist.
3. Member States may provide for derogations from the
provisions of paragraph 1:
(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.
 ---pagebreak---                             Article 4                          66/400/EEC
 Member States may, however, by way of derogation from
the provisions of Artide 3,
 (a) authorize the official certification and marketing of
       basic seed which does not satisfy the conditions laid
       down in Annex I 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
      spedal label bearing his name and address and the
      reference number of the seed lot;
(b) in order to make seed rapidly available,
      notwithstanding the fact that the offidal examination
      to check compliance with the conditions laid down in
      Annex I in respect of gerrnination has not been
      concluded, authorize the offidal certification and the
      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
      redfrient are indicated; all necessary measures shall be
      taken to ensure that the supplier guarantees the
      germination ascertained at the provisional analysis;
      this gerrnination shall be stated for marketing
      purposes on a spedal 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 18 in
respect of multiplication outside the Community.
                            Article 5
Member States may, as regards the conditions laid down in
Annex L impose additional or more stringent requirements
for the certification of seed produced in their own territory.
                           Article 6
Member States shall provide that the description of the        71/162/EEC - A r t 1(1)
genealogical components which may be required is, if the
breeder so requests, treated as confidential.
                           Article 7
1. Member States shall require that, for the checking of       66/400/EEC
varieties and for the examination of seed for certification,
samples are drawn offidally in accordance with appropriate
methods.
2. For the exarnination 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 EL
                                             hO
 ---pagebreak---                             Article 8                          66/400/EEC                         Article 9
 1. Member States shall require that basic seed and certi-
 fied seed be marketed only in sufficiently homogeneous
 lots and in sealed packages bearing, as prescribed in Ar-     75/444/EEC - Art. 1(2) — 69/61/EEC - Art. 5
 ticles 9. 10 or 11. whichever is appropriate, a sealing sys-  Corrigendum, English Spedal Edition, p. 15
 tem and markings.
 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                                                             Article 10
 1. Member States shall require that packages of basic         78/692/EEC - Art 1(1)
seed and certified seed, except where seed of the latter
category takes the form of small EEC packages, be sealed
offidally 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 Article 10 (1) or the package.
La 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
shall not be necessary where a non-reusable sealing system
is used
In accordance with the procedure laid down in Article
24 (2), it may be established whether a particular sealing
system fulfils the provisions of this paragraph.
2. Member States shall require that, except in the case        75/444/EEC - Art 1(3)
of small EEC packages, packages shall not be resealed on
one or more occasions unless this is done offically or un-     78/692/EEC - Art 1(2)
der offical supervision. If packages are resealed, the fact of
resealing, the date of resealing and the authority responsi-
ble therefore shall be stated on the label required under
Artide 10 (1).
3. Member States shall require that small EEC packages         78/692/EEC - Art 1(3)
be sealed in such a manner that they cannot be opened
without damaging the sealing system or leaving evidence of
tampering on the label or package. In accordance with the
procedure laid down in Artide 24 (2), it may be estab-
lished whether a particular sealing system complies with
the provisions of this paragraph. Packages shall not be re-
sealed on one or more occasions except under offidal su-
pervision.
4. Member States may provide for exceptions to para-           75/444/EEC - Art 1(3)
graphs 1 and 2 in the case of small packages of basic seed.
                                            M
 ---pagebreak---                               Article 10                                               Article U
 1. Member States shall require that packages of basic          78/55/EEC - Art 1(1)
 seed and certified seed, except where seed of the latter
 category takes the form of small EEC packages:
 (a) be labelled on the outside with an offidal label which
       has not previously been used, which satisfies the
       conditions laid down in Annex HI (A) and on which
       the information is given in one of the offidal
       languages of the Community. 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 point (a) of Artide 4,
      the basic seed does not satisfy the conditions laid
      down in Annex I in respect of germination, this fact
      shall be stated on the label. The use of offidal
      adhesive labels shall be authorized. In accordance
      with the procedure laid down in Artide 24 (2) the
      indelible printing under offidal supervision of the
      prescribed information on the package according to
      the label's model may be authorized;
(b) contain an offidal document, in the same colour as
      the label, giving at least the information required un-
      der Annex HI (A) (I) (3), (5), (6), (11) and (12). 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 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 of basic seed where
they are marked: 'passed for marketing in . . . (Member
State concerned) only\
                             Article 11                                               Article Ha
1. Member States shall require that small EEC pack-             75/444/EEC - Art 1(6)
ages:
(a) bear on the outside, in accordance with Annex i n (B),
      a supplier's label, a printed notice or stamp in one of
      the offidal languages of the Community; in the case
      of transparent packages this label may be placed in-
      side, provided it can be read through the package; the
      label shall be blue in colour,
 ---pagebreak---  (b) bear on the outside or on the supplier's label pro-     75/444/EEC - Art 1(6)
      vided for in point (a) an officially assigned serial
      number; should an offidal adhesive label be used, it
      shall be blue in colour; the methods of attaching the
      said serial number may be fixed in accordance with
      the procedure laid down in Artide 24 (2).
 2. Member States may require that an offidal adhesive
label containing all or part of the information laid down in
Annex HI (B) be used for marking small EEC packages
packed in their territory; in so far as the information is
given on such label, the marking provided for in point (a)
of paragraph 1 shall not be required.
                          Article 12                                                          Article lib
Member States may provide that, on request, small EEC
packages of certified seed are sealed and marked offidaUv    78/55/EEC - A r t 1(2)
or under offidal supervision pursuant to Artide 9 (1) and
Artide 10.
                          Article 13                                                          Article lie
Member States shall take all measures necessary to ensure
that, in the case of small packages of certified seed, the
identity of the seed can be checked in particular at the
time when seed lots are divided up. lb this end, they may
require that small packages divided up in their territory be
sealed offidally or under official supervision.
                          Article 14                                                           Article 12
It    This Directive shall not affea the right of Member     66/400/EEC - 88/380/EEC - A r t 1(3)
States to require that, in cases other than those provided
for by fhis Directive, packages of basic seed or certified   75/444/EEC - Art. 1(7) - Corrigendum, English
seed, whether the seed has been produced in their own        Spedal Edition, p. 15
territory or imported, must, if the seed is to be marketed
within their territory, bear a supplier's label.
2. The label referred to in paragraph 1 shall be drawn       88/380/EEC - A r t 1(4)
up in such a manner that it cannot be confused with the
official label referred to in Article 10 (1).
                          Article 15                                                           Article 13
Member States shall require that any chemical treatment      66/400/EEC
of basic seed or certified seed be noted either on the offi-
dal label or on the supplier's label and on the package or   Corrigendum, English Spedal Edition, p. 15
inside it.
                          Article 16                                                          Article 13a
For the purpose of seeking improved alternatives to certain  88/380/EEC - Art 1(5)
elements of the certification scheme adopted under this
Directive, it may be dedded to organize temporary experi-
ments under specified conditions at Community level in ac-
cordance with the provisions laid down in Article 24 (2).
                                              3«3
 ---pagebreak---  In theframeworkof such experiments, Member States may       88/380/EEC - Art 1(5)
 be released from certain obligations laid down in this
 Directive. The extent of that release shall be defined with
 reference to the provisions to which it applies. The
 duration of an experiment shall not exceed seven years.
                            Article 17                                                         Article 14
 1.    Member States shall ensure that                       75/444/EEC - Art 1(8)
 — basic seed and certified seed which has been offidally
       certified and the containers of which have been
       marked and closed offidally or under offidal supervi- 78/55/EEC - Art 1(3)
       sion in accordance with this Directive,
— certified seed which has been offidally certified and
      takes the form of small EEC packages which have
      been marked and sealed in accordance with this
       Directive,
 are not subject to any marketing restrictions as regards
their characteristics, examination requirements, marking
and sealing, other than those laid down in this Directive.
2.    Member States may.                                     66/400/EEC
(a) provide that beet seed may not be placed on the mar-
      ket unless it corresponds to specified sizes;
(b) increase the minimum percentages of dusters giving       69/61/EEC - Art. 8
      single seedlings laid down for precision seed in Annex
      I (B)(3)(b) (ft) and (cc).                             88/380/EEC - Art 1(6)
3. Member States which have provided for exemptions          72/418/EEC - Art 1(2)
in accordance with the provisions of point (a) of Article
3 (3) 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,
marking and sealing,
(a) if it has been offidally checked by the competent cer-
      tification authority in accordance with the provisions
      applicable for the certification of basic seed;
(b) if it is packed in accordance with the provisions of
      this Directive; and
(c) if the packages bear an offidal label giving at least    Corrigendum, English Spedal Edition, p. 106
      the following particulars:
      — certification authority and Member State or their
            distinguishing abbreviation,
      — lot reference number,                                Corrigendum, English Spedal Edition, p. 106
                                            • * > < ,
 ---pagebreak---        — month and year of sealing,                           78/692/EEC - Art. 1(4)
            or
      — month and year of the last offidal sampling for
            the purposes of certification,
      — spedes, indicated at least in roman characters,       88/380/EEC - Art. 1(7)
            under its botanical name, which may be given in
            abridged form and without the authorities'
            names, or under its common name, or both; in-
            dication whether sugar beet or fodder beet,
      — variety, indicated at least in roman characters,
      — the description 'pre-basic seed',                     72/418/EEC - Art 1(2)
      — number of generations preceding seed of the           Corrigendum, English Spedal Edition, p.106
            category 'certified seed'.
The label shall be white with a diagonal violet line.         Corrigendum, English Spedal Edition, p.106
                            Article 18                                                          AzticjeJl
1.    Member States shall provide that beet seed              88/380/EEC - Art. 1(8)
— which has been produced directly from basic seed of-
      ficially certified in one or more Member States or in
      a third country which has been granted equivalence
      under point (b) of Article 19 (1), and
— which has been harvested in another Member State,
shall, on request and without prejudice to the provisions of
Directive 95/.. TEC, be offidally 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 (A)
for the relevant category and if offidal examination has
shown that the conditions laid down in Annex I (B) for the
same category are satisfied.
Where in such cases the seed has been produced directly
from offidally certified seed of generations prior to basic
seed, Member States may also authorize official certifica-
tion as basic seed, if the conditions laid down for that
category are satisfied.
2. Beet seed which has been harvested in another Mem-
ber State, and which is intended for certification in accor-
dance with the provisions laid down in paragraph 1, shall
— be packed and labelled with an offidal label satisfying
      the conditions laid down in Annex IV (A) and (B), in
      accordance with the provisions laid down in Article 9
      (1), and
                                           sr
 ---pagebreak--- — be accompanied by an offidal document satisfying the          88/380/EEC - Art 1(8)
      conditions laid down in Annex IV (C).
3.    Member States shall also provide that beet seed
— which has been produced directly from basic seed of-
      fidally certified in one or more Member States or in
      a third country which has been granted equivalence
      under point (b) of Artide 19 (1), 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 offidally certified, if the seed has un-
dergone field inspection satisfying the conditions laid down
in an equivalence decision made under point (a) Article
19 (1) for the relevant category, and if offidal examination
has shown that the conditions laid down in Annex I (B) for
the same category are satisfied. Other Member States may
also authorize offidal certification of such seed.
                           Article 19                                                             Article 16
1. The Council, acting by a qualified majority on a pro-        66/400/EEC
posal from the Commission, shall determine whether
(a) in the case provided for in Artide 18, the field in-
      spections in the third country satisfy the conditions
     laid down in Annex I (A);
(b) beet seed harvested in a third country and affording
     the same assurances as regards its characteristics and     Corrigendum, English Spedal Edition, p. 15
     the arrangements for its examination, for ensuring its
     identity, for marking and for control is equivalent in
     these respects to basic seed or certified seed harves-
     ted within 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.
                                             ?>G
 ---pagebreak---                           Article 20                                                           Article 17
 1. In order to remove any temporary difficulties in the       72/418/EEC - Art. 1(3)
 general supply of basic seed or certified seed that occur in
 one or more Member States and cannot be overcome with-
 in the Community, one or more Member States may be
 authorized, in accordance with the procedure laid down in
 Artide 24 (2), to permit for a specified period, the mar-
 keting of seed of a category subject to less stringent re-
 quirements, or of seed varieties not induded in the cata-
logue provided by Directive 95/.. ./EC or their national       [70/457/EEC]
catalogues of varieties.
2. For a category of seed of any given variety, the offi-      66/400/EEC
dal label shall be that provided for the corresponding cate-
gory; in all other cases it shall be brown. The label shall    69/61/EEC - Art 11
always state that the seed in question is of a category satis-
fying less stringent requirements.
3. Rules for the application of paragraph 1 may be             88/332/EEC - Art 1
adopted in accordance with the procedure laid down in Ar-
ticle 24 (2).
                          Article 21                                                          Article 19
L, Member States shall make suitable arrangements for          66/400/EEC - 72/418/EEC - Art 1(4)
beet seed to be offidally verified during marketing, at least
by sampling, as regards its compliance with the require-
ments of this Directive.
2. Member States shall take all necessary measures to          72/418/EEC - Art 1(5)
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) spedes,
(b) variety,
(c) category,
(d) country of production and offidal 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 24 (2).
                                            5^
 ---pagebreak---                           sirticle 22                                                   Article 20
 1. Community comparative tests shall be carried out            71/162/EEC - Art. 1(4)
 within the Community for the post-control of samples of
 certified beet 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 Artide 24 (1).
2. These comparative tests shall be used to harmonize          66/400/EEC
the technical methods of certification so as to obtain re-
sults which are equivalent Annual progress reports shall
be made on the tests and sent in confidence to the Mem-
ber States and to the Commission. The Commission shall,
in accordance with the procedure laid down in Artide 24
(2), set the date for the first report.
3. The Commission, acting in accordance with the
procedure laid down in Artide 24 (2), shall make the
necessary arrangements for the comparative tests to be
carried out. Beet seed harvested in third countries may be
induded in the comparative tests.
                          Article 23                                                   Article 21a
Amendments to be made to the content of the Annexes in         73/438/EEC - Art 1(2)
the light of the development of scientific or technical
knowledge shall be adopted according to the procedure
laid down in Artide 24 (2).
                          Article 24                                                    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 W.
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 L125.ll. 7.1966, p. 2289/66.
                                             as
 ---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 dedded for a period of not
more than one month from the date of such communica-
tioa
The Councfl, 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 one               66/399/EEC - Art 2
of the Member States, may examine any questions relevant          (adapted)
to the subject matter of this Directive.
                          Article 25                                                 ArMe_21
This Directive shall be without prejudice to the provisions       66/400/EEC
of national laws justified on grounds of the protection of
health and life of humans, animals or plants or the protec-
tion of industrial and commerdal property.
                          Article 26
  1. The Directives listed in Annex V, 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 V, Part B.
 2. References to the repealed Directives shall be cons-
 trued as references to this Directive and should be read in
 accordance with the correlation table set out in Annex VL
                          Article 27
 This Directive shall enter into force the twentieth day
 following 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 Councfl,
                                                   The President
                                              ^
 ---pagebreak---                          ANNEX I                             66/400/EEC
                Conditions for certification
                      A. THE CROP
1.  The previous cropping of the field shall not have been  87A20/EEC - Art 1(1)
    incompatible with the production of seeds of Beta vul-
   garis of the variety of the crop, and the field shall be
    suffidentry free from such plants which are volunteers
   from previous cropping.
2. The aop shall have suffident identity and purity of      66/400/EEC
   variety.
3. The seed producer shall submit all the multiplications
   of a given variety of seed for examination by the cer-
   tification authority.
4. There shall be at least one offidal field inspection
   and in the case of basic seed at least two such inspec-
   tions, one of stecklings and one of the seed-producing
   plants
5. The cultural condition of the field and the stage of     Corrigendum, English Spedal Edition, p. 15
   development of the crops shall be such as to permit
   identity and varietal purity to be adequately checked.
   The minimum distances from neighbouring pollen           87A20/EEC - Art 1(2)
   sources shall be:
                                                Minimum
                       Crop                      distance
         For the production of basic seed:
              from any pollen sources of the
              genus Beta                           1000m
         For the production of certified
         seed:
         (a) of sugar beet
              — from any pollen sources
                   of the genus Beta not in-
                   cluded below                    1000m
              — the intended pollinator or
                   one of the intended polli-
                   nators being diploid, from
                   tetraploid sugar beet pol-
                   len sources                       600m
              — the intended pollinator
                   being exdusivery tetra-
                   ploid, from diploid sugar
                   beet pollen sources               600m
                                           ko
 ---pagebreak---     —    from sugar beet pollen             87/120/EEC - Art 1(2)
         sources, the ploidy of
         which is unknown             600 m
    —    the intended pollinator or
         one of the intended polli-
         nators being diploid, from
         diploid sugar beet pollen
         sources                      300 m
    —    the intended pollinator
         being exclusively tetra-
         ploid, from tetraploid
         sugar beet pollen sources    300 m
    —    between two sugar beet
         seed production fields in
         which male sterility is not
         used                         300 m
(b) of fodder beet:
    — from any pollen sources
         of the genus Beta not in-
         cluded below                1000m
    —    the intended pollinator or
         one of the pollinators be-
         ing diploid, from tetra-
         ploid fodder beet pollen
         sources                      600 m
    —    the intended pollinator
         being exdusivery tetra-
         ploid, from diploid fodder
         beet pollen sources          600m
    —    from fodder beet pollen
         sources, the ploidy of
         which is unknown             600 m
    —    the intended pollinator or
         one of the pollinators be-
         ing diploid, from diploid
         fodder     beet     pollen
         sources                      300 m
                                *M
 ---pagebreak---                    the intended pollinator                 87/120/EEC - Art 1(2)
                   being exdusivery tetra-
                   ploid, from tetraploid fod-
                   der beet pollen sources          300 m
                   between two fodder beet
                   seed production fields in
                   which male sterility is not
                   used                             300 m
   The above distances can be disregarded if there is
   suffident protection from any undesirable foreign
   pollinator. No isolation is necessary between seed
   crops using the same pollinator.
   The ploidy of both seed-bearing and pollen-shedding
   components of seed-producing crops is to be estab-
   lished by reference to the catalogue compiled under
   Directive 95/.. TEC, or the national Catalogues of      [70/457/EEC]
   Varieties established under that Directive. If this in-
   formation is not induded for any variety, the ploidy is
   to be regarded as unknown, and thus a minimum
   isolation distance of 600 metres is required
                     B. THE SEED                           66/400/EEC
   The seed shall have suffident identity and purity of
   variety.
2. Diseases which reduce the usefulness of the seed shall
   be at the lowest possible level.
3. The seed shall also satisfy the following conditions:
                                           <iK
 ---pagebreak---                        (a)                                                     76/331/EEC - Art 2
                                  Minimum           Minimum         Maximum
                                   analytical      germination       moisture
                                                                             l
                                   purity (!)     (% of clusters content ( )
                                (% by weight)     or pure seed) (% by weight)
 (aa) Sugar-beet
      — monogerm seed                 97               80              15
      — precision seed                97               75              15
           multigerm seed of
           varieties with more
           than 85% diploids          97               73              15
      — other seeds                   97               68              15
 (bb) Fodder-beet:
      — multigerm seed of
           varieties with more
           than 85% diploids,
           monogerm seed,
           precision seed             97               73              15
      — other seeds                   97               68              15
 The percentage by weight of other seeds shall not exceed 0,3.
"(*) Excluding, where appropriate, granulated pestiddes, pelleting substances
      or other solid additives.
                       (b) Special conditions for monogerm seed and for        66/400/EEC
                           precision seed:
                           (aa)      Monogerm seed:
                                     At least 90% of the germinated clus-
                                     ters shall give single seedlings.
                                     The percentage of clusters giving three   76/331/EEC - Art 3(1)
                                     or more seedlings shall not exceed five,
                                     calculated on the germinated clusters.
                                                             V3
 ---pagebreak---     (bb)       Precision seed of sugar beet:            76/331/EEC - Art 3(2)
              At least 70% of the germinated
              clusters shall give single seedlings. The
              percentage of clusters giving three or
              more seedlings shall not exceed five,
              calculated on the germinated clusters.
    (cc)      Predsion seed of fodder-beet:             76/331/EEC - Art 3(3)
              In the case of varieties with a percent-  69/61/EEC - Art 13(3)
              age of diploids exceeding 85, at least
              58% of the germinated clusters shall
              give single seedlings. In the case of all
              other seeds, at least 63% of the germi-
              nated clusters shall give single seed-
              lings. The percentage of clusters giving
              three or more seedlings shall not ex-
              ceed five, calculated on the germinated
              dusters.
    (dd)      In the case of seed of the category       88/95/EEC - Art 1(1)
              'basic seed', the percentage by weight
              of inert matter shall not exceed 1,0. In
              the case of seed of the category 'certi-
              fied seed', the percentage by weight of
              inert matter shall not exceed 0,5. In
              the case of pelleted seed of both cat-
              egories, the satisfaction of the relevant
              condition shall be examined on samples
              drawn, pursuant to Article 7 (1), from
              processed seed which has undergone
              partial decortication (rubbing or grind-
              ing) but has not yet been pelleted,
              without prejudice to the official exam-
              ination of the minimum analytical pu-
              rity of the pelleted seed.
(c) Other special conditions:                           88/95/EEC - Art 1(2)
    Member States shall ensure that beet seed may
    not be introduced into areas recognized as 'Rhi-
    zomania-free zones' under appropriate Commu-
    nity procedures, unless the percentage by weight
    of inert matter does not exceed 0,5.
                                      ^4
 ---pagebreak---                      ANNEX II                        66/400/EEC
Maximum weight of a seed lot: 20 metric tons
Minimum weight of a sample: 5jQp. grammes            69/61/EEC - Art 14
The maximum lot weight shall not be exceeded by more 87/120/EEC - Art 1(3)
than 5%.
                                      h?
 ---pagebreak---                         ANNEX in                           75/444/EEC - Art. 1(9)
                        MARKING
A. Official label
   I.   Information required
        1.    THEC rules and standards'
        2.    Certification authority and Member State or
              their initials.
              Reference number of lot
              month and year of sealing expressed thus:    78/692/EEC - Art 1(5)
              'sealed...' (month and year)
              or
              month and year of the last offidal sampling
              for the purposes of certification expressed
              thus: 'sampled...' (month and year).
             Species, indicated at least in roman charac-  88/380/EEC - Art 1(9)
             ters, under its botanical name, which may
             be given in abridged form and without the
              authorities' names, or under its common
             name, or both; indication whether sugar
             beet or fodder beet
        6.   Variety indicated at least in roman charac-   75/444/EEC - Art 1(9) - 88/380/EEC - Art.
             ters.                                         1(10)
        7.   Category.
        8.   Country of production.
        9.   Declared net or gross weight or declared
             number of clusters or pure seeds.
        10. Where weight is indicated and granulated
             pestiddes, pelleting substances or other sol-
             id additives are used, the nature of the ad-
             ditive and also the approximate ratio be-
             tween the weight of clusters or pure seeds
             and the total weight
        11. For monogerm seed: the word *monogerm'.
        12. For precision seed: the word 'precision'.
        13. Where at least germination has been re-        78/55/EEC - Art 1(4)
             tested, 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.
                                          ^
 ---pagebreak--- II. Minimum dimensions                               75/444/EEC - Art 1(9)
     110 x 67 mm.
Supplier's label or information on the packing
(small ECC package)
Information required
1.  'Small EEC package'.
2.  Name and address of the supplier responsible for
    marking or his identification mark.
3.  Officially assigned serial number.
4.  Service which assigned the serial number and
    name of Member State or their initials.
5.  Reference number if the offidal serial number
    does not enable the lot to be identified.
    Spedes, indicated at least in roman characters;  88/380/EEC - Art 1(11)
    indication whether sugar beet or fodder beet
7.  Variety indicated at least in roman characters.  75/444/EEC - Art 1(9) - 88/380/EEC - Art
                                                     1(12)
8.  'Certified seed'.
9.  Net or gross weight or number of dusters or
    pure seeds.
10. Where weight is indicated and granulated pesti-
    ddes, pelleting substances or other solid addi-
    tives are used, the nature of the additive and
    also the approximate ratio between the weight of
    dusters or pure seeds and the total weight
11. For monogerm seed: the word 'monogerm'.
1Z For precision seed: the word 'precision'.
                                     **
 ---pagebreak---                           ANNEX IV                            88/380/EEC - Art 1(13)
   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; in-
           dication whether sugar beet or fodder beet,
     —     variety, indicated at least in roman characters,
     —     category,
     — field or lot reference number,
     —     dedared 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, wiiich may be given in
           abridged form and without the authorities'
           names, or under its common name, or both; in-
           dication whether sugar beet or fodder beet,
     —    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,
     —     area cultivated for the production of the lot
          covered 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,
                                            W
 ---pagebreak--- where appropriate, results of a preliminary seed 88/380/EEC - Art 1(13)
analysis.
                                44
 ---pagebreak---                                       ANNEX V
                                        Part A
                                 Repealed Directives
                              (referred to by Article 26)
Directive 66/400/EEC
and its successive amendments
Directive 69/61/EEC
Directive 71/162/EEC                   only Artide 1
Directive 72/274/EEC                   only concerning references made to Artides 1 and 2
                                       on the provisions of Directive 66/400/EEC
Directive 72/418/EEC                   only Artide 1
Directive 73/438/EEC                   only Artide 1
Directive 75/444/EEC                   only Artide 1
Directive 76/331/EEC
Directive 78/55/EEC                    only Artide 1
Directive 78/692/EEC                   only Artide 1
Directive 87/120/EEC                   only Artide 1
Directive 88/95/EEC
Directive 88/332/EEC                   only Artide 1
Directive 88/380/EEC                   only Artide 1
Directive 90/654/EEC                   only concerning references made to Artide 2 and to
                                       Annex II (I) (1) (a) on the provisions of Directive
                                       66/400/EEC
                                         So
 ---pagebreak---                                                             PartB
                                         Deadlines for transposition into national law
                                                  (referred to by Article 26)
                            Directive                                             Deadline for transposition
Directive 66/400/EEC (OJ No 125, 11. 7. 1966, p. 2290/66)           July 1968 (Article 14 (1))
                                                                    July 1969 (other provisions) ^H 2 )
Directive 69/61/EEC (OJ No L 48, 26. 2. 1969, p. 4)                 Jury 1969 M
Directive 71/162/EEC (OJ No L 87, 17. 4. 1971, p. 24)               Jury 1970 (Artide 1 (3))
                                                                    Jury 1972 (Artide 1 (1))
                                                                    Jury 1971 (other provisions) M
Directive 72/274/EEC (OJ No L 171, 29. 7. 1972, p. 37)              Jury 1972 (Artide 1)
                                                                    January 1973 (Artide 2)
Directive 72/418/EEC (OJ No L 287, 26. 12. 1972, p. 22)             July 1973
Directive 73/438/EEC (OJ No L 356, 27. 12. 1973, p. 79)             Jury 1973 (Artide 1 (1))
                                                                    January 1974 (Artide 1 (2))
Directive 75/444/EEC (OJ No L 196, 26. 7. 1975, p. 6)               Jury 1977
Directive 76/331/EEC (OJ No L 83, 30. 3. 1976, p. 34)               July 1978 (Artide 1)
                                                                    July 1979 (other provisions)
Directive 78/55/EEC (OJ No L 16, 20. 1. 1978, p. 23)
                                                                    Jury 1979
Directive 78/692/EEC (OJ No L 236, 26. 8. 1978, p. 13)
                                                                    Jury 1977
Directive 87/120/EEC (OJ No L 49, 18. 12. 1987, p. 39)
                                                                    Jury 1988
Directive 88/95/EEC (OJ No L 56, 2. 3. 1988, p. 42)
                                                                    Jury 1988
Directive 88/332/EEC (OJ No L 151, 17. 6. 1988, p. 82)
Directive 88/380/EEC (OJ No L 187, 16. 7. 1988, p. 31)              July 1992 (Artide 1 (8))
                                                                    Jury 1990 (other provisions)
Directive 90/654/EEC (OJ No L 353, 17. 12. 1990, p. 48)
W For Denmark, Ireland and the United Kingdom, 1 July 1973 for Arucle 14 (1), 1 Jury 1974 for the other provisions œnœrning basic seed
    and 1 Jury 1976 for the other provisions.
(2) 1 January 1986 for Greece, 1 March 1986 for Spain, 1 January 1991 for Portugal, and 1 January 1995 for Austria, Finland and Sweden.
                                                              "
 ---pagebreak---                          ANNEX VI
                     CORRELATION TABLE
Directive 667400/EEC          This Directive
Artide 1                      Artide 1,1st subparagraph
Artide 18                     Artide 1,2nd subparagraph
Artide 2 (1)                  Artide 2 (1)
Artide 2 (la)                 Article 2 (2)
Article 2 (2)                 Artide 2 (3)
Artide 3                      Artide 3
Artide 4                      Artide 4
Artide 5                      Artide 5
Article 6                     Artide 6
Artide 7                      Artide 7
Article 9                     Article 8
Article 10                    Artide 9
Article 11                    Artide 10
Article 11a                   Article 11
Artide lib                    Article 12
Artide lie                    Article 13
Article 12                    Article 14
Article 13                    Artide 15
Artide 13a                    Artide 16
Article 14 (1)                Artide 17 (1)
Artide 14 (2) (b)             Artide 17 (2) (a)
Artide 14 (2) (c)             Artide 17 (2) (b)
Article 14 (3)                Artide 17 (3)
Artide 15                     Artide 18
Article 16 (1)                Article 19 (1)
Article 16 (3)                Article 19 (2)
Article 17                    Artide 20
Article 19                    Artide 21
Artide 20                     Artide 22
Article 21a                   Article 23
Artide 21                     Artide 24
Article 22                    Article 25
                              Article 26
                              Article 27
                              Article 28
                            30
 ---pagebreak--- ANNEX I, Part A (01)          ANNEX L Part A (1)
ANNEX I, Part A (1            ANNEX I, Part A (2)
ANNEX I, Part A (2            ANNEX L Part A (3)
ANNEX I, Part A (3            ANNEX L Part A (4)
ANNEX I, Part A (4            ANNEX I, Part A (5)
ANNEX I, Part A (5            ANNEX L Part A (6)
ANNEX I, Part B (1            ANNEX L Part B (1)
ANNEX I, Part B (2            ANNEX L Part B (2)
ANNEX I, Part B (3 (a)        ANNEX I, Part B (3) (a)
ANNEX I, Part B (3 (b)(aa)    ANNEX I, Part B (3) (b) (aa)
ANNEX I,PartB(3 (b)(aa)(a)    ANNEX I, Part B (3) (b) (bb)
ANNEX I, Part B (3 (b)(bb)    ANNEX L Part B (3) (b) (cc)
ANNEX I, Part B (3 (b)(cc)    ANNEX L Part B (3) (b) (dd)
ANNEX I, Part B (3 (c)        ANNEX L Part B (3) (c)
ANNEX II                      ANNEXn
ANNEX i n , Part A (I) (1)    ANNEX i n , Part A (I) (1)
ANNEX ITL Part A (I) (2)      ANNEX m , Part A   (I) (2)
ANNEX IU, Part A (I) (3)      ANNEX i n , Part A (I) (3)
ANNEX m , Part A (I) (3a)     ANNEX i n , Part A (I) (4)
ANNEX i n , Part A (I) (4)    ANNEX HI, Part A   (I) (5)
ANNEX i n , Part A (I) (5)    ANNEX i n , Part A (I) (6)
ANNEX IJJ, Part A (I) (6)     ANNEX IJJ, Part A  (I) (7)
ANNEX i n , Part A (I) (7)    ANNEX III, Part A  (I) (8)
ANNEX ffl, Part A (I) (8)     ANNEX IU, Part A   (I) (9)
ANNEX i n , Part A (I) (9)    ANNEX m , Part A   (I) (10)
ANNEX i n , Part A (I) (10)   ANNEX i n , Part A (I) (11)
ANNEX i n , Part A (I) (11)   ANNEX i n , Part A (I) (12)
ANNEX m , Part A (I) (12)     ANNEX m , Part A   (I) (13)
ANNEX i n , Part B            ANNEX i n , Part B
ANNEX IV                      ANNEX IV
                              ANNEXV
                              ANNEXVI
                            31
                            $1>
 ---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 dedded 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 condusions of the Presidency of the Edinburgh European Coundl 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." l b 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 (repladng existing legislation without chang-
     ing its substance) to be adopted in a speedy and efficient way".
4.   The proposed consoUdated version of Council Directive 69/208/EEC of 30 June 1969
     on the marketing of seed of oil and fibre plants 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
     prindples agreed by Councfl, Parliament and the Commission in 1974; it aims at legis-
     lative 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 codified
     text will serve as the basis for future legislative developments in this field.
5.   Certain provisions of Directive 69/208/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 the EEC. Moreover, there could be a finandal 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 frr the amendment of
     Directive 69/208/EEC repladng "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 offidal languages, of Directive 69/208/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.
    0)    Annex VL part A of this proposal.
                                               f<*
 ---pagebreak---  4              Proposal for a
           COUNCIL DIRECTIVE
on the marketing of seed of oil and fibre plants
            (consolidated version)
                      S"^ ta-to
 ---pagebreak---                                                 Proposal for a
                                      COUNCIL DIRECTIVE -J„JEC
                                                      of
                            on the marketing of seed of oil and fibre plants       95/0304 (CNS)
      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 0),
      Having regard to the opinion of the Economic and So-
      cial Committee (2)-
1)    Whereas Council Directive 69/208/EEC of 30 June 1969
      on the marketing of seed of oil and fibre plants (3) has
      been frequently and substantially amended; whereas for
      reasons of clarity and rationality the said Directive
      should be consoUdated;
2)    Whereas the production of oil and fibre plants occupies                69/208/EEC
      an important place in the agriculture of the Community;
3)    Whereas satisfactory results in the cultivation of oil and
      fibre plants depend to a large extent on the use of ap-
      propriate seed; whereas to this end certain Member
      States have restricted the marketing of seed of some
      spedes of these plants to high-quality seed; whereas they
      have been able to take advantage of the systematic plant
      selection work carried out for some time which has re-
      sulted in the development of sufficiently stable and uni-
      form cereal varieties which, by reason of their character-
      istics, promise to be of great value for purposes in view;
4)    Whereas greater productivity will be achieved in the cul-
      tivation of oil and fibre plants within the Community if
      for the choice of the varieties permitted to be marketed
      the Member States apply uniform rules which are as
      strict as possible; whereas a common catalogue of var-                 71/162/EEC
      ieties of agricultural plant spedes is therefore provided
      for in the Council Directive 9 5 / . . . /EC (4);                      [70/457/EEC]
 (1)   OJNoC.
 (2)   OJ No C ._
 (3 )   O J No L169,10.7.1969, p. 3; as last amended by the Act of Ac-
       cession AT, FI, SE.
 (4)   See page _. of this Official Journal.
                                                          5T"
 ---pagebreak---  5)  Whereas it is, however, justifiable to restrict marketing       69/208/CEE
     to certain varieties only where the user 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 offidal verification to ensure the identity and purity
     of the varieties;
 7)  Whereas the conditions to be satisfied by the crop and          82/287/EEC
    by the seed, induding the varietal purity standards,             (adapted)
    should be amended so as to conform with the schemes
    for varietal certification of seed intended for interna-
    tional trade laid down by the Organization for Economic
    Cooperation and Development (OECD);
 8) Whereas it is desirable to establish a uniform certifi-          69/208/EEC
    cation scheme for the Community based on the experi-             (adapted)
    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, seed of oil and fibre plants
    should be allowed to be marketed only if it has been
    officially examined and certified, in accordance with the
    rules for certification, as basic seed or certified seed;
    whereas the choice of the technical terms *basic seed'
    and 'certified seed' is based on already existing interna-
    tional terminology;
10) Whereas there should be approval for commercial seed          8.
    in order to take into account the fad that not all genera
    and spedes of oil and fibre plants of importance for
    cropping have as yet produced either the desired var-
    ieties or sufficient quantities of seed of the existing var-
    ieties to meet all the needs of the Community; whereas
    it is therefore necessary, in the case of certain genera
    and spedes, to prove seed of oil and fibre plants which
    is not of a named variety, but which satisfies the regula-
    tions in all other respects;
11) Whereas seed of oil and fibre plants which is not placed
    on the market 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 spedal provisions;
12) Whereas it is necessary to provide that bred seed of gen-        72/418/EEC
    eration 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;
13) Whereas Community rules should not apply to seed             10. 69/208/EEC
    shown to be intended for export to third countries;
                                                       *G
 ---pagebreak--- 14)  Whereas, in order to improve not only the genetic qual-     11.
     ity of Community seed of oil and fibre plants but also its
     external characteristics, certain requirements should be
     laid down as to analytical purity and germination;
15)  Whereas, if certain spedes of seed are not normally re-     12.
     produced or marketed in the territory of a Member
     State, provision should be made for release of that
     Member State, under the procedure of the Standing
     Committee on Seeds and Propagating Material for Agri-
     culture, Horticulture and Forestry, from the obligation to
     apply this Directive in respect of the species in question;
16) Whereas, in order to ensure the identity of the seed,        13.
     Community rules on packaging, sampling, sealing and
    marking must be established; whereas to this end the
    labels should give the particulars needed both for offidal
    verification and for the information of the user and
    should dearly show the Community nature of the certifi-
    cation of the certified seed of the various categories;
17) Whereas, in order to ensure that both the requirements       14.
    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-     15.
    out prejudice to Artide 36 of the Treaty, be subject to
    no marketing restrictions other than those provided for
    in Community rules;
19) Whereas, subject to certain conditions, seed multiplied in   17.
    another country from basic seed certified in a Member
    State should be recognized as equivalent to seed multi-
    plied in that Member State;
20) Whereas, on the other hand, provision should be made         18.
    for authorizing the marketing within the Community of
    seed of oil and fibre plants which has been harvested in
    third countries only if such seed affords the same assur-
    ances as seed officially certified, or offidally approved as
    commerdal seed, within the Community and complying
    with Community rules;
21) Whereas, during periods in which there are difficulties in   19.
    obtaining supplies of certified seed of the various cat-      +
    egories, seeds of an inferior quality should be temporar-     3. 72/418/EEC
    ily permitted to be marketed, and also seeds of varieties        (adapted)
    not induded either in the common catalogue or in the
    national catalogue of varieties;
                                                       n
 ---pagebreak--- 22)   Whereas, in order to harmonize the technical methods      20. 69/208/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';
23)   Whereas for the exerdse of implementation powers con-     21. (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 Artide 2 (II) of
      Council Decision 87/373/EEC(1>;
24)   Whereas this Directive must not affea the obUgations of
      the Member States concerning the deadlines for trans-
      position of the Directives set out in Annex VI, part B,
      HAS ADOPTED THIS DIIŒCTiVE:
  (1)  OJ No L 197, 18. 7. 1987, p. 33.
                                                     <?%
 ---pagebreak---                             Article 1
This Directive shall apply to seed of oil and fibre plants         69/208/EEC
marketed within the Community and intended for agricul-
tural production but excluding use for ornamental pur-
poses.
It shall not apply to seed of oil and fibre plants which is                                          Article 17
shown to be intended for export to third countries.
                           Article 2
1.    For the purposes of this Direaive,
A. 'Oil and fibre plants' means plants of the following
      genera and spedes
    Arachis hypogaea L.              Groundnut (peanut)            79/641/EEC - Art 3 (1)
    Brassica juncea (L.) and                                       87A20/EEC - Art 4 (1)
    Czernj. Cosson                   Brown mustard
    Brassica napus L. (par-          Swede rape
    tim)
    Brassica nigra (L.) Koch         Black mustard
    Brassica rapa L. var. sil-
    vestris (Lam.) Briggs            Turnip rape
    Cannabis sativa L.               Hemp                          79/641/EEC - Art 3 (1)
    Carthamus tinctorius L.          Safflower                   | 86/155/EEC - Art 4 (1)
    Carum carvi L.                  Caraway                        79/641/EEC - Art 3 (1)
    Glycine max (L.) Merr.          Soyabean
    Gossypium spp.                  Cotton
    Helianthus annum L.             Sunflower
    Linum usitatissimum L.           Flax, linseed
    Papaver somniferum L.           Opium poppy
    Sinapis alba L.                 White mustard
     'Basic seed' (varieties other than hybrids of sunflower)      69/208/EEC - 88/380/EEC - Art. 5 (1)
     means seed
     (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 ei-
          ther of the category 'certified seed' or of the
          categories 'certified seed, first generation' or 'cer-
          tified seed, second generation' or. where ap-            71/162/EEC - Art 5 (2) (a)
          propriate, 'certified seed, third generation':
                                             ^
 ---pagebreak---     (c) which, subject to the provisions of Article 4, sat-  I 69/208/EEC
           isfies 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;
C.  'Basic seed' (hybrids of sunflower):                       88/380/EEC - Art. 5 (2)
    1.    Uasic 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 offidal examina-
                 tion to satisfy the abovementioned condi-
                 tions;
    2     'Basic seed of simple hybrids' means seed
         (a) which is intended for the production of
                 three-way-cross hybrids or double-cross hy-
                 brids;
         (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 offidal examina-
                 tion to satisfy the abovementioned condi-
                 tions;
D. 'Certified seed' (turnip rape, brown mustard, swede        69/208/EEC
   rape, dioecious hemp, safflower. black mustard, car-        71/162/EEC-Art.5(2)(b)-86A55/EEC-Art4(2)
   away, sunflower, opium poppy, white mustard) means
   seed
   (a) which has,, bccp-produçed directly from basic          Corrigendum, English Special Edition, p. 33
         seed or, if the breeder so requests, from seed of
         a generation prior to basic seed and which can
         satisfy and has been found by official examina-
         tion to satisfy the conditions laid down in An-
        nexes I and II for basic seed;
   (b) which is intended for purposes other than the
         production of seed of oil or fibre plants;
   (c) which, subject to the provisions of point (b) of
        Article 4, 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 abovementioiied conditions;
                                            <
                                              QSD
 ---pagebreak---      'Certified seed, first generation' (groundnut, mono-      69/208/EEC - 7 1 / I ( W L À ^ - AJ t. 5 (2) (c)
     ecious hemp, flax, linseed, soya, cotton-) means seed     86/155/EEC Art. 4 (4)
     (a) which has been produced directly from basic           Corrigendum, English Special Edition, p. 33
           seed or, if the breeder so requests, from seed of
           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 either for the production of
           seed of the category 'certified seed, second gen-
           eration' or. where appropriate, of the category     71/162/EEC - Art 5 (2) (d)
           'certified seec^ third generation', or for purposes
          other than the production of seed of oil or fibre
          plants;
    (c) which satisfies the conditions laid down in An-
          nexes I and II for certified seed; and
    (d) which has been found by official examination to
          satisfy the abovementioned conditions;
    'Certified seed, second generation' (groundnut, flax,
   linseed, soya, cotton) means seed                           86/155/EEC - Art 4 (5)
    (a) which has been produced directly from basic            Corrigendum, English Special Edition, p. 33
          seed, from certified seed of the first generation    Corrigendum, English Spedal Edition, p. 33
          or, if the breeder so requests, from seed of a
          generation prior to basic seed and which can sat-
          isfy and has been found by official examination
          to satisfy the conditions laid down in Annexes I
          and JJ for basic seed;
   (b) which is intended for purposes other than the
          production of seed of oil or fibre plants or,        71/162/EEC - Art. 5 (2) (e)
          where appropriate, which is intended for the pro-
          duction of seed of the category 'certified seed.
   (c) which satisfies the conditions laid down in An-
          nexes I and II for certified seed; and
   (d) which has been found by official examination to
          satisfy the abovementioned conditions;
G. 'Certified seed, second         generation'    (monoecious  71/162/EEC - Art. 5 (2) ( 0
   hemp) means seed
   (a) which has been produced directly from certified         Corrigendum, English Special Edition, p. 87
          seed of the first generation which has been es-
          tablished and officially controlled witli a special
         view to the production of certified seed of the
          second generation;
   (b) which is intended for the production of hemp to
         be harvested in flower;
                                            6A
 ---pagebreak---      (c) which satisfies the conditions laid down in An-     71A62/EEC - Art. 5 (2) (f)
          nexes I and II for certified seed; and
     (d) which has been found by official examination to
          satisfy the abovementioned conditions;
H. 'Certified seed, third generation' (flax, linseed) means  69/208/EEC
     seed
     (a) which is of direct descent from basic seed, from
          certified seed of the first or second generation
          or, if the breeder so requests, from seed of a
          generation prior to basic seed and which can sat-
          isfy and has been found by offidal examination
          to satisfy the conditions laid down in Annexes I
          and II for basic seed;
     (b) which is intended for purposes other than the
          production of seed of oil or fibre plants;
     (c) which satisfies the conditions laid down in An-
          nexes I and n for certified seed; and
     (d) which has been found by official examination to
          satisfy the abovementioned conditions;
I.   'Commercial seed' means seed
     (a) which is identifiable as belonging to a species;
     (b) which, subject to the provisions of Artide 4 (b),
          satisfies the conditions laid down in Annex II for
          commercial seed; and
     (c) which has been found by official examination to
          satisfy the abovementioned conditions;
J.   'Offidal 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 arc 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 re-          78/55/EEC - Art 5 (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 5 (3)
species covered by this Directive shall be adopted in ac-
cordance with the procedure laid down in Article 21 (2).
                                           6X
 ---pagebreak---  3. The different types of varieties, including the compo-       88/380/EEC - Art. 5 (5)
 nents, eligible for certification under the provisions of this
 Directive may be specified and defined in accordance with
 the procedure laid down in Artide 21 (2).
 4j Member States may be authorized in accordance with           78/55/EEC - A r t 5 (1) - 88/380/EEC - A r t 5 (4)
 the procedure laid down in Artide 21 (2) to permit, by
 way of derogation from points E (a) or F (a) of paragraph
 1, to be certified as certified seed of the first generation or
 certified seed of the second generation seeds of self-pollin-
 ating spedes which have been entered for certification as
basic seed and which have been produced from a gener-
 ation prior to basic seed but which has not been offidally
examined. This provision shall not apply to hybrid seeds.
Certification as certified seed may occur only if this is re-
quested by the applicant for certification with the agree-
ment of the breeder and if an offidal 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 seed of the previous generation.
These conditions may be amended in the light of the de-
velopment of sdentific or technical knowledge in accord-
ance with the procedure laid down in Artide 21 (2).
Member States shall require that the offidal 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) only'; in addi-
tion, Member States may require in this case that the offi-
dal labels also be marked 'intended for further multiplica-
tion onh/\
5.    Member States may:                                         69/208/EEC
(a) in the case of flax or linseed seed, indude several          88/380/EEC - A r t 5 (6)
      generations in the basic seed category and subdivide
      this category by generation;
(b) provide that offidal examinations to check compliance
      with the condition laid down in Annex II (I) (4) for
      Brassica napus shall not be carried out on all lots dur-   Corrigendum, English Spedal Edition, p. 33
      ing certification unless there is doubt whether that
      condition has been satisfied.
                                            S3
 ---pagebreak---                            Article 3                              69/208/EEC
 1. Without prqudice to the provisions of Directive
95/... /EC, Member States shall provide that seed of              [70/457/EEC]
Brassica napus L. (partim)                                        87/120/EEC - Art. 4 (2)
Brassica rapa L. var. silvestris (Lam.) Briggs
Cannabis sativa L.                                                69/208/EEC
Carthamus tine tortus L.                                        I 86/155/EEC - Art 4 (6)
Carum carvi L.                                                    69/208/EEC
Gossypium spec
Helianthus annum L.
Linum usitatissimum L, (partzm)-flax
may not be placed on the market unless it has been offi-
dally certified as *basic seed' or 'certified seed' and unless
it satisfies the conditions laid down in Annex H
2. Member States shall provide that seed of oil and fibre
plant spedes other than those listed in paragraph 1 may
not be placed on the market unless the seed has been offi-
dally certified as "basic seed' or 'certified seed', or is com-
merdal seed, and unless the seed also satisfies the condi-
tions laid down in Annex II.
3. It may be provided, under the procedure laid down in
Artide 21 (2), that after specified dates seed of oil and
fibre plant spedes other than those listed in paragraph 1
may not be placed on the market unless it has been offi-
dally certified as 'basic seed' or 'certified seed'.
4. Member States shall ensure that official examinations
are carried out in accordance with current international
methods, in so far as such methods exist
5. 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.
                                             S(f
 ---pagebreak---                             Article 4                         69/208/EEC
 Member States may, however, by way of derogation from
the provisions of Artide 3:
(a) authorize the offidal certification and marketing of
      basic seed which does not satisfy the conditions laid
      down in Annex II in respea 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
     spedal 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 faa that offidal exarnination to check com-
     pliance with the conditions laid down in Annex II in
     respea of germination has not been conduded, auth-
     orize the official certification or approval and market-
     ing as far as the first buyer by way of trade of seed of
     the categories 'basic seed', 'certified seed' of all     Corrigendum, English Spedal Edition, p. 33
     categories or 'commerdal seed'. Certification or ap-
     proval shall be granted only on presentation of a
     provisional analytical report on the seed and provided
     that the name and address of the first redpient are
     given; all necessary measures shall be taken to ensure
     that the supplier guarantees the gerrnination ascer-
     tained at the provisional analysis; this germination
     shall be stated for marketing purposes on a spedal
     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 15 in
respea of multiplication outside the Community.
                           Article 5
Member States may, as regards the conditions laid down in
Annexes I and H, impose additional or more stringent re-
quirements for the certification and examination of com-
merdal seed produced in their own territory.
                           Article 6
Member States shall provide that the description of genea-    71/162/EEC - Art. 5 (3)
logical components which may be required is, if the
breeder so requests, treated as confidential.
                                            ér
 ---pagebreak---                            Article 7
 1. Member States shall require that for the checking of       69/208/EEC
varieties, the examination of seed for certification and the
examination of commerdal seed, samples are drawn under
offidal supervision in accordance with appropriate
methods.
2. For the exarnination of seed for certification and the
examination of commerdal seed, samples shall be drawn
from homogeneous lots; the maximum weight of a lot and
the minimum weight of a sample are given in Annex HI.
                          Article 8
1. Member States shall require that basic seed, certified
seed of all categories and commerdal seed be marketed          Corrigendum, English Spedal Edition, p. 33
only in sufficiently homogeneous consignments and in
sealed packages bearing, as prescribed in Articles 9 and 10,   Corrigendum, English Spedal Edition, p. 33
a sealing system and markings.
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 respea of packaging, seal-
ing and marking.
                          Article 9
1. Member States shall require that packages of basic          78/692/EEC - Art. 6 (1)
seed, certified seed of all categories and commerdal seed,
be sealed offidally or under offidal supervision in such a
manner that they cannot be opened without damaging the
sealing system or leaving evidence of tampering on either
the offidal label provided for in Article 10 (1) or the pack-
age.
In order to ensure sealing, the sealing system shall com-
prise at least either the official label or the affixing of an
offidal 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
21 (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        69/208/EEC
be resealed, whether one or more times, except offidally
or under official supervision. If packages are resealed, the   78/692/EEC - A r t 6 (2)
faa of resealing, the most recent date of resealing and the
authority responsible therefore shall be stated on the label
required under Artide 10 (1).
3. Member States may provide for exceptions to para-           75/444/EEC - A r t 5 (1)
graph 1 in the case of small packages.
                                            &6
 ---pagebreak---                            Article 10
1. Member States shall require that packages of basic           78/55/EEC - Art 5 (3)
seed, certified seed of all categories and commerdal seed:
(a) be labelled on the outside with an offidal 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 offidal languages of
     the Community. The colour of the label shall be
     white for basic seed, blue for certified seed of the
     first generation after basic seed, red for certified seed
     of subsequent generations and brown for commerdal
     seed. When a label with a string-hole is used, its at-
     tachment shall be ensured in all cases with an offidal
     seal. If, in cases under point (a) of Article 4, the basic
     seed does not satisfy the conditions laid down in
     Annex II in respea of germination, this faa shall be
     stated on the label. The use of offidal adhesive labels
     shall be authorized. In accordance with the procedure
     laid down in Article 21 (2) the indelible printing
     under official supervision of the information on the
     package according to the label's model may be auth-
     orized;
(b) contain an official document, in the same colour as
     the label, giving at least the information required
     under Annex IV (A) (a) (4), (5) and (6) and, in the
     case of commerdal seed, under (b) (2), (5) and (6).
     This document shall be drawn up in such a manner
     that it cannot be confused with the offidal label re-
     ferred 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), an ad-
     hesive 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) onh/.
3. This Directive shall not affea the right of Member           69/208/EEC
States to require that seed of oil and fibre plants which is
shown to be intended for purposes other than agricultural
production may not be placed on the market unless this
faa is stated on the label.
                                            6?
 ---pagebreak---                            Article 11
L     This Direaive shall not affea the right of Member       69/208/EEC - 88/380/EEC - Art. 5 (7)
States to require that in cases other than those provided
for in Article 4, packages of basic seed, certified seed of   Corrigendum, English Spedal Edition, p. 33
all categories or commerdal seed, whether the seed has        Corrigendum, English Spedal Edition, p. 33
been produced in their own territory or imported, must if
the seed is to be marketed within their territory, bear a
supplier's label.
2. The label referred to in paragraph 1 shall be drawn        88/380/EEC - Art. 5 (8)
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       69/208/EEC
of basic seed, certified seed of all categories or commerdal  Corrigendum, English Spedal Edition, p. 33
seed be noted either on the official label or on the
supplier's label and on the package or inside it.             Corrigendum, English Spedal Edition, p. 33
                          Article 13                                                           Article 12a
For the purpose of seeking improved alternatives to certain   88/380/EEC - Art. 5 (9)
elements of the certification scheme adopted under this
Direaive, it may be decided to organize temporary experi-
ments under specified conditions at Community level in ac-
cordance with the procedure laid down in Artide 21 (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 14                                                            Article 13
1. Member States shall ensure that basic seed and certi-      69/208/EEC
fied seed of all categories which have been offidally certi-  Corrigendum, English Spedal Edition, p. 33
fied and whose packages have been marked and sealed           Corrigendum, English Spedal Edition, p. 33
officially or under offidal supervision as prescribed in this 78/55/EEC - Art. 5 (4)
Direaive, and commerdal seed whose packages have been         Corrigendum, English Spedal Edition, p. 33
marked and sealed offidally or under offidal supervision      78/55/EEC - Art. 5 (4)
as prescribed in this Direaive, are subjea to no marketing
restriaions as regards their charaaeristics. examination ar-  Corrigendum, English Spedal Edition, p. 33
rangements, marking and sealing other than those laid
down in this Direaive.
                                            6V
 ---pagebreak---  2.   Member States may:                                       69/208/EEC
 (a) where no measures have been taken by the Commis-
      sion under Artide 3 (3) and entered into force, pro-
      vide that after specified dates seed of oil and fibre
      plant spedes other than those listed in Article 3 (1)
      may not be placed on the market unless it has been
      offidally certified as "basic seed' or 'certified seed';
(b) adopt provisions concerning the maximum moisture
      content accepted for marketing;
(c) restria the marketing of certified seed of oil and fibre
     plants to that of the first generation and, in the case
     of flax, to that of the first or second generation after
     basic seed;
3. Member States which have provided for exemptions            72/418/EEC - Art. 5 (2)
in accordance with the provisions of point (a) of Article 3
(5) shall ensure that bred seed of generations prior to
basic seed are subjea to no marketing restrictions on ac-
count of their charaaeristics. examination arrangements,       Corrigendum, English Spedal Edition, p. 106
marking and sealing,
(a) if it has been offidally checked by the competent          Corrigendum, English Spedal 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 offidal label giving at least the  Corrigendum, English Spedal Edition, p. 106
     following particulars:
     — certification authority and Member State or
           their distinguishing abbreviation
     — lot, reference number                                   Corrigendum, English Special Edition, p. 106
     — month and year of sealing,                              78/692/EEC - Art 6 (3)
           or
     — month and year of the last offidal sealing for the
           purposes of certification,
     — species, indicated at least under, its botanical        88/380/EEC - Art. 5 (10)
           name, which may be given in abridged form and
           without the authorities' names, in roman charac-
           ters,
     — variety, indicated at least in roman charaaers,
     — the description 'pre-basic seed'                        72/418/EEC - Art 5 (2)
     — the number of generations preceding of the cat-         Corrigendum, English Spedal Edition, p. 106
           egories 'certified seed' or 'certified seed of the
           first generation'.
The label shall be white with a diagonal violet line           Corrigendum, English Spedal Edition, p. 106
                                            ?s
 ---pagebreak---  In accordance with the procedure laid down in Article           88/380/EEC-Art 5 (11)
 21 (2), Member States may be released from the require-
 ment to indicate the botanical name in respea of individ-
 ual species and, where appropriate, for limited periods,
where it has been established that the disadvantages of the
 implementation outweigh the advantages expeaed for the
marketing of seed.
                           Article 15                                                    Article 14
 1. Member States shall provide that seed of oil and fibre       88/380/EEC - Art 5 (12)
plants
— which has been produced directly from basic seed or
      certified seed of the first generation offidally certified
      either in one or more Member States or in a third
      country which has been granted equivalence under
      point (b) of Article 16, or which has been produced
      directly from the crossing of basic seed offidally certi-
      fied in a Member State with basic seed offidally certi-
      fied in such a third country, and
— which has been harvested in another Member State,
shall, on request and without prqudice to the provisions of
Directive 95/... /EC, be offidally 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 offidal 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 offidally certified seed of generations prior to basic
seed, Member States may also authorize offidal certifi-
cation as basic seed, if the conditions laid down for that
category are satisfied.
2. Seed of oil and fibre plants which has been harvested
in another Member State, and which is intended for certifi-
cation in accordance with the provisions laid down in para-
graph 1, shall:
— be packed and labelled with an offidal label satisfying
      the conditions laid down in Annex V (A) and (B), in
      accordance with the provisions laid down in Artide 9
      (1), and
— be accompanied by an official document satisfying the
      conditions laid down in Annex V (C).
                                             £
 ---pagebreak---  3. Member States shall also provide that seed of oil and         88/380/EEC - Art. 5 (12)
 fibre plants
—      which has been produced directly from basic seed or
       certified seed of the first generation offidally certified
       either in one or more Member States or in a third
       country which has been granted equivalence under
       point (b) of Article 16, or which has been produced
      directly from the crossing of basic seed offidally certi-
      fied in a Member State with basic seed offidally certi-
       fied in such a third country, and
—     which has been harvested in a third country,
shall, on request be offidally 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 dedsion made under Article 16 (a) for
the relevant category and if official examination has shown
that the conditions laid down in Annex n for the same
category are satisfied. Other Member States may also
authorize offidal certification of such seed.
                           Article 16                                                      Article 15
The Councfl, acting by a qualified majority on a proposal         69/208/EEC
from the Commission, shall determine whether:
(a) in the case provided for in Artide 15, the field in-
      spections in the third country satisfy the conditions
      laid down in Annex I;
(b) seed of of! and fibre plants which has been harvested
      in a third country and affords the same assurances as
      regards its characteristics and the arrangements for its
      examination, for ensuring its identity, for marking and
      for control is equivalent in these respects to basic
      seed, certified seed, certified seed of the first, second
      or third generation or commercial seed harvested
      within the Community and complying with the provi-
      sions of this Directive.
                                             y-*
 ---pagebreak---                            Article 17                                                            Article 16
 1. In order to remove any temporary difficulties in the        72/418/EEC - Art. 5 (3)
general supply of basic seed or certified seed of any kind
or commerdal seed that occur in one or more Member
States and cannot be overcome within the Community, one
or more Member States may be authorized, according to
the procedure laid down in Article 21 (2) to permit for a
specified period, the marketing of seed of a category sub-
j e a to less stringent requirements, or of seed of varieties
not induded in the common catalogue, or in their national
catalogues of varieties.
2. For a category of seed of any given variety, the offi-       69/208/EEC
dal label shall be that provided for the corresponding var-
iety; in all other cases the colour shall be that provided for
commercial seed. The label shall always state that the seed
in question is of a category satisfying less stringent require-
ments.
3. Rules for the application of paragraph 1 may be              88/332/EEC - A r t 7
adopted in accordance with the procedure laid down in Ar-
ticle 21 (2).
                           Article 18
1. Member States shall make suitable arrangements for           69/208/EEC — 72/418/EEC - A r t 5 (4)
seed of oil and fibre plants to be officially verified during
marketing, at least by sampling, as regards its compliance
with the requirements of this Directive.
2. Member States shall take all necessary measures to           72/418/EEC - A r t 5 (5)
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 21 (2).
                                              TVL
 ---pagebreak---                           Article 19
1. Community comparative tests shall be carried out           71/162/EEC - A r t 5 (6)
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 oil and
fibre plants, 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 21 (2).
2. These comparative tests shall be used to harmonize         69/208/EEC
the technical methods of certification so as to obtain re-
sults which are equivalent Annual progress reports shall
be made on these 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-
tide 21 (2), set the date for the first report.
3. The Commission, aaing in accordance with the pro-
cedure laid down in Artide 21 (2), shall make the necess-
ary arrangements for the comparative tests to be carried
o u t Seed of oil and fibre plants harvested in third
countries may be induded in the comparative tests.
                          Article 20                                                   Article 20a
Amendments to be made to the content of the Annexes in        73/438/EEC-Art5(4)
the light of the development of scientific or technical
knowledge shall be adopted according to the procedure
laid down in Artide 21 (2).
                          Article 21
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 (-1).
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
dedsions 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.
 W OJ No 125,11.7.1966, p. 2289/66.
                                             VvS
 ---pagebreak---  The (^mmission shall adopt measures which shall apply      87/373/EEC
 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 dedded for a period of not
more than one month from the date of such communica-
tion.
The Councfl, 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 - A r t 2
one of the Member States, may examine any questions rel-    (adapted)
evant to the subjea matter of this Directive.
                          Article 22                                                  Article 21
Save as otherwise provided in Annex II in respea of the     69/208/EEC
presence of diseases, harmful organisms and their veaors,
this Direaive 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 and commercial property.
                          Article 23                                                  Article 22
Upon application by a Member State, which wfll be dealt     88/380/EEC - A r t 5 (13)
with as provided in Article 21 (2), that State may be
wholly or partially released from the obUgation to apply
the provisions of this Directive, with the exception of Ar-
ticle 14 (1):
(a) in respea of the following spedes:
      —    Safflower;
(b) in respea of other spedes which are not normally re-
      produced or marketed in its territory.
                                          V.
 ---pagebreak---                          Article 24
1. The Directives listed in Annex VI Part A, are hereby
repealed without prejudice to the obUgations 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 Direaive and should be read
in accordance with the correlation table set out in Annex
vn.
                         Article 25
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
                                          *T
 ---pagebreak---                           ANNEX I                               78/388/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 spe-
     des and variety of the crop, and the field shall be
     suffidently 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:
                                                     Minimum
                          Crop                        distance
      Brassica spp. other than Brassica napus:                 79/641/EEC - A r t 3 (3)
      Cannabis sativa other than monoecius
      hemp; Carthamus tinctorius: Carum carvi;                 86/155/EEC - A r t 4
      Gossypium spp.; Sinapis alba:
      — for the production of basic seed               400 m
      — for the production of certified seed           200m
      Brassica napus:
      — for the production of basic seed               200m
      — for the production of certified seed           100 m
      Cannabis sativa, monoecius hemp.-
      — for the production of basic seed             5000m
     — for the production of certified seed          1000m
     Helianthus annum:                                         88/380/EEC - A r t 5 (15)
     — for the production of basic seed of hy-       1500 m
          brids
     — for the production of basic seed of vari-      750 m
          eties other than hybrids
     — for the production of certified seed           500 m
    These distances can be disregarded if there is suffi-      78/388/EEC - A r t 1 (1)
    dent protection from any undesirable foreign pollina-
    tion.
3.  The crop shall have suffident varietal identity and va-    88/380/EEC - Art 5 (16)
    rietal purity or, in the case of a a o p of an inbred Une
    of Htlianthus annum, sufficient identity and purity as
    regard;, its charaaeristics.
                                            Vfc
 ---pagebreak--- For the produaion of seed of hybrid varieties of He-     88/380/EEC - Art. 5 (16)
lianthus annuus, the abovementioned provisions shall
also apply to the charaaeristics of the components,
induding male sterflity or fertflity restoration.
In particular, crops of Brassica juncea, Brassica nigra,
Cannabis sativa, Carthamus tinctorius, Carum carvi,
Gossypium spp. and hybrids of Helianthus annum
shall conform to the foUowing standards or other
conditions:
A.   Brassica juncea, Brassica nigra, Cannabis sativa,
      Carthamus tinctorius, Carum carvi and Gossypium
     spp.:
      The number of plants of the crop spedes which
      are recognizable as obviously not being true to
     the variety shall not exceed:
     —     one per 30 m 2 for the production of basic
           seed,
     —     one per 10 m 2 for the production of certi-
           fied seed.
B.   Hybrids of Helianthus annuus:
     (a) the percentage by number of plants which
           are recognizable as obviously not being true
           to the inbred Une or to the component shall
           not exceed:
           (aa) for the production of basic seed:
                (i) inbred Unes                   0,2
                (ii) simple hybrids
                     — male         parent
                        plants which have
                        shed pollen while
                        2 % or more of
                        the female plants
                        have     receptive
                        flowers                   0,2
                     — female parent              0,5
           (bb) for the production of certified seed:
                     male      component,
                     plants which have
                     shed poUen while 5
                     % or more of the fe-
                     male plants have re-
                     ceptive flowers              0,5
                — female component                1,0
 ---pagebreak---              (b) the foUowing other standards or conditions        88/380/EEC - A r t 5 (16)
                  shaU be satisfied for the produaion of seed
                  of hybrid varieties:
                  (aa) suffident poUen shaU be shed by the
                       plants of the male component while
                       the plants of the female component are
                       in flower;
                  (bb) where the female component plants
                       have receptive stigmas, the percentage
                       by number of female component plants
                       which have shed poUen or are shedding
                       poUen shaU not exceed 0,5;
                  (cc) for the production of basic seed the to-
                       tal percentage by number of plants of
                       the female component which are recog-
                       nizable as obviously not being true to
                       the component and which have shed
                       poUen or are shedding poUen shall not
                       exceed 0,5;
                  (dd) where the condition laid down in An-
                       nex II (I) (2) cannot be satisfied, the
                       following condition shall be satisfied: a
                       male-sterile component shaU be used
                       to produce certified seed by using a
                       male component which contains a spe-
                       cific restorer Une or lines so that at
                       least one-third of the plants grown
                       from the resulting hybrid wfll produce
                       poUen which appears normal in all re-
                       spects.
4.    Harmful organisms which reduce the usefulness of the         78/388/EEC - Art. 1 (1)
      seed shall be at the lowest possible level. In the case      92/9/EEC-Artl(l)
      of Glycine max. this condition is apphcahle in particu-
      lar to the organisms Pseudomonas syringae pv. grvri-
      nea. Diaporthe phaseolorum var. caulivora and var. so-
     jaer Phialophora gregata and Phytophthom megasperma
      f.sp. ftycinea (*).
5.    The satisfaction of the abovementioned standards or
      other conditions shall be examined in offidal field in-
      spections.
      These field inspeaions shall be carried out in accord-
      ance with the foUowing conditions:
      A,    The condition and the stage of development of
            the crop shall permit an adequate examination.
 (*) The standards and conditions shall, where appropriate, be re-
      viewed by 30 June 1995 at the latest
                                               &
 ---pagebreak--- In cases other than crops of hybrids of sunflower  88/380/EEC — Art. 5 (17)
there shaU be at least one field inspeaion. In the
case of hybrids of sunflower there shaU be at
least two field inspections.
The size, the number and the distribution of the   78/388/EEC - Art. 1 (1)
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.
                                 V*3
 ---pagebreak---                        ANNEX II                             78/388/EEC - A r t 1 (2)
CONDITIONS TO BE SATISFIED BY THE SEED
        I. BASIC AND CERTIFIED SEED
 The seed shaU have sufficient varietal identity and va-    82/287/EEC - Art 4
 rietal purity. In particular, seeds of the species listed
 below shaU conform to the foUowing standards or
 other conditions:
                                                Minimum
               Species and category            varietal pu-
                                                 rity (%)
  Arachis hypogaea:
  — basic seed                                     99,7
  — certified seed                                 99,5
  Brassica napus, other than varieties io_                  82/859/EEC - Art 1 (1)
  be used solely for fodder purposes,
  Brassica rapa other than varieties to be                  82/859/EEC - Art 1 (1)
  used solely for fodder purposes
  — basic seed                                     99,9
  — certified seed                                 99,7
  Brassica napm, varieties to be used sole-                 82/859/EEC - A r t 1 (1).
  h/ for fodder purposes, Brassica rapa,
  varieties to be used solely for fodder                    82/859/EEC - A r t 1 (1)
  purposes, Helianthus annuus, other than
  hybrid varieties including their compo-
  nents, Sinapis alba:
  — basic seed                                     99,7
  — certified seed                                  99
  Linum usitatissimum:
  — basic seed                                     99,7
  — certified seed, 1st generation                  98
  — certified seed, 2nd and 3rd generations        97,5
  Papa ver somniferum:
  — basic seed                                      99
  — certified seed                                  98
   Glycine max:
  — basic seed                                     99.5     92/107/EEC - Art 1
  — certified seed                                  22      92/107/EEC - Art 1
  The rninimum varietal purity shaU be examined main-
  ly in field inspections carried out in accordance with
   the conditions laid down in Annex I
                                         eo
 ---pagebreak--- 2. Where the condition laid down in Annex I (3) (B) (b)    88/380/EEC - Art 5 (18)
   (dd) cannot be satisfied, the foUowing condition shaU
   be met: where for the produaion of certified seed of
   hybrids of sunflower a female male-sterile component
   and a male component which does not restore male
   fertiUty have been used, the seed produced by the
   male-sterile parent shaU be blended with seed pro-
   duced by the fuUy fertile seed parent. The ratio of
   male-sterile parent seed to male-fertile parent shaU
   not exceed two to one.
   The seed shaU conform to the foUowing standards or      78/388/EEC - Art 1 (2)
   other conditions as regards germination, analytical pu-
   rity and content of seeds of other plant spedes in-
   duding Orobanche spp.:
   A. Table:
                                        f^l
 ---pagebreak---                                                                                                                                      78/388/EEC - Art. 1 (2)
                                                    Maximum content by number of seeds of other plant spedes in a sample of
                                                                                  the weight
                                 Analytical purity                   specified in column 4 of Annex III
                          Mini-                                               (total per column)
                          mum                                                                                                Condi-
                           ger-             Maxi-                                                                           tions as
                          mina-  Mini-      mum             A vena                                                          regards
      Spedes and category  tion  mum       content          fatua,                             Rumex                        content
                                                    Other   Avena                    Rapha- spp. oth- Alopecu-              oiOro-
                          (%of  analyti-   seed of  plant              Cuscuta         nus                          Lolium banche
                          pure    cal       other          ludovi-                             er than rusmyo- remotum
                                                   species  ciana,       spp.        rapha-    Rumex suroides                 seeds
                          seed)  purity     plant                                    nistrum acetosella
                                 (%by      spedes     (a)   Avena
                                weight)     (%by            sterilis
                                           weight)
               1             2     3          4        5       6           7            8          9        10         11       12
   Arachis hypogaea         70    99                5          0       0(c)
   Brassica spp.:
   — basic seed             85    98         0,3               0       0 (c) (d)        10         I                                 87/480/EEC - Art. 2
   — certified seed         85    98         0,3               0       0(c) (d)         10                                           87/480/EEC - Art. 2
   Cannabis sativa          75    98                2Q         0       0(c)                                                    (c)   81/126/EEC - Art. 4
                                                    Ltd
m
>*
   Carthamus tinctorius     75    98                5          0       0(c)                                                    (e)   86/155/EEC - Art. 4 (9)
   Carum carvi              70    97                 25        0       0(c) (d)         10                  3                        78/388/EEC - Art. 1 (2)
                                                     (b)
   Gossypium spp.           80    98                 15        0       0(c)
   Helianthm annuus         85    98                5          0       0(c)
   Linum usitatissimum
   — flax                   92    99                 15        0       0(c) (d)                             4          2
   — Unseed                 85    99                 15        0       0(c) (d)                             4          2
   Papaver somniferum       80    98                25         0       0(c) (d)
                                                     (b)
   Sinapis alba:
   — basic seed             85    98         0,3               0       0(c) (d)         10         I                                 87/480/EEC - Art. 2
   — certified seed         85    98         0,3               0       0(c) (d)         10         1                                 87/480/EEC - Art. 2
   Glycine max.             80    98                5          0       0(c)
 ---pagebreak---     B.   Standards or other conditions appUcable where     78/388/EEC - Art 1 (2)
         reference is made to them in the table under
         Section I (3) (A) of this Annex:
         (a) The maximum contents of seeds laid down
              in column 5 indude also the seeds of the
              spedes in columns 6 to 11.
         (b) The determination of total content of seeds
              of other plants species by number need not
              be carried out unless there is doubt whether
              the conditions laid down in column 5 have
              been satisfied.
         (c) The determination of seeds of Cmcuta spp.
              by number need not be carried out unless
              there is doubt whether the conditions laid
              down in column 7 have been satisfied.
         (d) The presence of one seed of Cmcuta spp. in
              a sample of the prescribed weight shaU not
              be regarded as an impurity where a second
              sample of the same weight is free from any
              seeds of Cmcuta spp.
         (e) The seed shaU be free from Orobanche spp.;
              however the presence of one seed of Oro-
              banche spp. in a sample of 100 grams shaU
              not be regarded as an impurity where a se-
              cond sample of 200 grams is free from any
              seeds of Orobanche spp.
4. Harmful organisms which reduce the usefulness of the
   seed shaU be at the lowest possible level. In particu-
   lar, the seed shaU conform to the foUowing standards
   or other conditions:
   A. Table:
                                           ^ ^
 ---pagebreak---                                                              78/388/EEC - Art. 1 (2)
                               Harmful organisms
                   Maximum percentage by
                  number of seeds contami-       Sclerotinia
                 nated by harmful organisms       sclerotio-
                       (total per column)            rum
                            Altema-             number of
                             ria spp.,          sclerotia or
    Species                 Ascochy-             fragments
                            ta linico-          of sclerotia
                             la (syn.  Platye-       ina
                  Botry-     Phoma        dria   sample of
                 tis spp. linicola),    gossy-  the weight
                             Colleto-   piella    specified
                             tirchum             in column
                             Uni, Fu-                4 of
                              sarium            Annex ID)
                               spp.
        1            2           3         4          5
 Brassica                                             10(b)  80/304/EEC - Art. 1
 napus
 Brassica                                              5(b)  79/641/EEC - Art. 3 (4)
 rapa
 Cannabis        5
 sativa
 Gossypium                              1
 spp.
 Helianthus      5                                    10(b)
 annuus
 Linum mi-
 tat issimum     5             5(a)
 Sinapis                                               5(b)
 alba
Standards or other conditions applicable where
reference is made to them in the table under
Seaion I (4) (A) of this Annex:
(a) In flax the maximum percentage by number
      of seeds contaminated by Ascochyta linicola
      (syn. Phoma linicola) shaU not exceed one.
(b) The determination of sclerotia or fragments
      of sclerotia of Sclerotinia sclerotiorum by
      number need not be carried out unless
      there is doubt whether the conditions laid
      down in column 5 of this table have been
      satisfied.
                                       sH
 ---pagebreak---          Particular standards or other conditions applica- J 92/9/EEC - Art. 1 (2)
         ble to Glycine max:
         (a) In respect of Pseudomonas syringae pv. gfyci-
              nea the maximum number of sub-samples
              within a sample of 5 000 seeds minimum
              per lot subdivided into 5 sub-samples which
              have been found to be contaminated by the
              said organism shall not exceed 4.
              Where suspect colonies are identified in all
              five sub-samples, appropriate biochemical
              tests on the suspect colonies isolated on a
              preferential medium for each sub-sample
              may be used to confirm the above standards
              or conditions.
         (b) In respect of Diaporthe phaseolorum the
              maximum number of seeds contaminated
              shall not exceed 15 %.
        (c) The percentage by weight of inert matter, as
              defined in accordance with current interna-
              tional testing methods, shall not exceed 0,3.
        In accordance with the procedure laid down in
        Artide 21 (2), Member States may be authorized
        not to carry out the examination in respea of
        the above particular standards or other condi-
        tions unless, on the basis of previous experience,
        there is doubt whether those standards or condi-
        tions have been satisfied W.
               H COMMERCIAL SEED                                 78/388/EEC - Art 1 (2)
    With the exception of Section I, the conditions laid
    down in Annex II (I) shall apply to commerdal seed.
(t) The standards and conditions referred to in point C shaU,
    where appropriate, be reviewed by 30 June 1995 at the latest
                                            &<r
 ---pagebreak---                        ANNEX    in                             78/388/EEC - Art. 1 (3)
               LOT AND SAMPLE WEIGHTS
                                               Weight of the
                                              sample for the
                               Minimum        determinadons
                    Maximum    weight of a   by number pro-
                     weight   sample to be   vided for in col-
       Species       of a lot drawn from      umns 5 to 11 of
                                             Annex II (I) (3)
                    (tonnes)      a lot       (A) and in col-
                                (grams)      umn 5 of Annex
                                               n(i)(4)(A)
                                                  (grams)
           1            2           3                 4
 Arachis hypogaea       20       1000            1000
 Brassica rapa          10         200               70        79/641/EEC - Art. 3 (5)
 Brassica juncea        10         100              40
 Brassica napus         10         200             100
 Brassica nigra         10         100              40
 Cannabis sativa        10         600             600
 Carthamm               10         900             900         86/155/EEC - Art. 4 (10)
 tinctorim
 Carum carvi            10         200              80         78/388/EEC - Art. 1 (3)
 Gossypium spp.         20       1000            1000
 Helianthm             20        1000            1000
 annuus
 Linum                  10         300             150
 usitatissimum
 Papaver                10          50              10
 somniferum
 Sinapis alba           10         400             200
 Glycine max.           20       1000            1000
The maximum lot weight shaU not be exceeded by more            87/120/EEC - Art 4 (7)
than 5 %.
                                           Sfc
 ---pagebreak---                     ANNEX IV                            69/208/EEC
                        LABEL
Required information
(a) For basic seed and certified seed:
     1.  'EEC rules and standards'
    2.   Certification authority and Member State or
         their initials
         Month and year of sealing expressed thus:      78/692/EEC - A r t 6 (4)
         'sealed . . . ' (month and year)
         or
         month and year of the last offidal sampling
         for the purposes of certification expressed
         thus: 'sampled . . . ' (month and year)
    4.   Reference number of lot                       69/208/EEC
    5.   Species, indicated at least under its botani- 88/380/EEC - A r t 5 (19)
        cal namft, whirh may be given in abridged
         form and without the authorities' names, m
        rnman characters
    6.  Variety, indicated at least in roman charaç-   88/380/EEC-Art 5 (21)
        îejs
    7.   Category
    8.   Country of produaion
    9.  Declared net or gross weight
    10. Where weight is indicated and granulated       75/444/EEC - A r t 5 (3)
        pesticides, peUeting substances, or other sol-
        id additives are used, the nature of the ad-
        ditive and also the approximate ratio be-
        tween the weight of pure seeds and the
        total weight
    11. In the case of varieties which are hybrids or  88/380/EEC - Art. 5 (22)
        inbred lines:
        —     for basic seed where the hybrid or
              inbred line to which the seed belongs
              has been officially accepted under Di-
              reaive 9 5 / . . . /EC:                  [70/457/EEC]
                                      Sf
 ---pagebreak---                the name of this component under         88/380/EEC - Art 5 (22)
               which it has been offidaUy accepted,
               with or without reference to the final
               variety, accompanied, in the case of hy-
               brids or inbred Unes which are in-
               tended 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        78/55/EEC - A r t 5 (5)
               retested, the words *retested . . .
               (month and year)' and the service re-
               sponsible for such re testing may be in-
               dicated. Such information may be given
               on an offidal sticker attached to the
               offidal labeL
         In accordance with the procedure laid down     88/380/EEC - A r t 5 (20)
         in Article 21 (2), Member States may be re-
         leased from the requirement to indicate the
         botanical name in respea of individual spe-
         des and, where appropriate, for limited pe-
         riods where it has been established that the
         disadvantages of its implementation out-
         weigh the advantages expeaed for the mar-
         keting of seed.
(b) For commercial seed:                                69/208/EEC
    1.   'EEC rules and standards'
    2.   'Commerdal seed (not certified as to vari-
         ety)'
    3.   Certification authority and Member State or
         their initials
                                      gg
 ---pagebreak---              Month and year of sealing expressed thus:    78/692/EEC - Art. 6 (5)
             'sealed ...' (month and year)
       5.    Reference number of lot                      69/208/EEC
       6.   Species, indicated at least under its botani- 88/380/EEC - Art. 5 (23)
            cal name, which mav be given in abridged
            form and without the authorities' names, in
            roman çharaders
       7.   Region of production
       8.   Dedared net or gross weight
       9.   Where weight is indicated and granulated      75/444/EEC - Art 5 (3)
            pestiddes, peUeting substances, or other sol-
            id additives are used, the nature of the ad-
            ditive and also the approximate ratio be-
            tween the weight of pure seeds and the
            total weight.
       10. Where at least germination has been re-        78/55/EEC - Art 5 (6)
            tested, the words 'retested . . . (month and
            year)' and the service responsible for such
            retesting may be indicated. Such informa-
            tion may be given on an offidal sticker at-
            tached to the official labeL
       In accordance with the procedure laid down in      88/380/EEC - Art 5 (24)
       Artide 21 (2), Member States may be released
       from the requirement to indicate the botanical
       name in respect of individual spedes and, where
       appropriate, for limited periods where it has
       been established that the disadvantages of its im-
       plementation outweigh the advantages expeaed
       for the marketing of seed.
B. Minimum dimensions                                     69/208/EEC
   110 mm x 67 mm.
                                         S*
 ---pagebreak---                            ANNEX V                              88/380/EEC - Art. 5 (25)
   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 inspeaion 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 charac-
           ters,
     —     variety, indicated at least in roman charaaers; in
           the case of varieties (inbred lines, hybrids), which
           are intended soldy as components for hybrid va-
           rieties, the word 'component' shaU be added,
     —     category,
     —     in the case of hybrid varieties, the word ' hybrid',
     — field or lot reference number,
     —     dedared net or gross weight
     —     the words 'seed not finally certified'.
     In accordance with the procedure laid down in Article
     21 (2), Member States may be released from the re-
     quirement to indicate the botanical name in respea
     of individual spedes and, where appropriate, for Um-
     ited periods where it has been established that the
     disadvantages of its implementation outweigh the ad-
     vantages expeaed for the marketing of seed.
B.   Colour of the label
     The label shaU 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 charac-
           ters,
     —     variety, indicated at least in roman charaaers,
     —     category,
     —     reference number of the seed used to sow the
           field and name of the country or countries which
           certified that seed,
                                            ^C
 ---pagebreak--- — field lot or reference number,                     88/380/EEC - Art 5 (25)
— area cultivated for the produaion of the lot cov-
   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.
                                  °H
 ---pagebreak---                                            ANNEX VI
                                              Part A
                                       Repealed Directives
                                   (referred to by Article 24)
Directive 69/208/EEC
and its successive amendments
Directive 71/162/EEC          only Artide 5
Direaive 72/274/EEC           only concerning references made to Artide 1 and 2
                              on the provisions of Directive 69/208/EEC
Directive 72/418/EEC          only Artide 5
Directive 73/438/EEC          only Artide 5
Directive 75/444/EEC          only Artide 5
Directive 78/55/EEC           only Artide 5
Directive 78/388/EEC
Directive 78/692/EEC          only Artide 6
Directive 78/1020/EEC         only Artide 3
Directive 79/641/EEC          only Artide 3
Directive 80/304/EEC
Directive 81/126/EEC          only Artide 4
Directive 82/287/EEC          only Article 3 and 4
Directive 82/727/EEC
Directive 82/859/EEC
Directive 86/155/EEC          only Artide 4
Directive 87/120/EEC          only Artide 4
Directive 87/480/EEC          only Artide 2
Directive 88/332/EEC          only Artide 7
Directive 88/380/EEC          only Artide 5
Directive 90/654/1:LC         only concerning references made to Artide 2 and to
                              Annex II (I) (5) on the provisions of Directive
                              69/208/EEC
Directive 92/9/EEC
Directive 92/107/HEC
                                               «>SL
 ---pagebreak---                                                            Part B
                                   Deadlines for transposition into national law
                                               (referred to by Article 24)
                          Directive                                               Deadline for transposition
                                                                                2
 69/208/EEC (OJ No 169,10. 7. 1969, p. 3)                        July 1970 (^ ( )
 71/162/EEC (OJ No L 87,17. 4.1971, p. 24)                       Jury 1970 (Artide 5 (1), (2) and (7))
                                                                 Jury 1972 (Article 5 (3))
                                                                 July 1971 (other provisions) W
 72/274/EEC (OJ No L171, 29. 7.1972, p. 37)                      Jury 1972 (Artide 1)
                                                                 January 1973 (Artide 2)
72/418/EEC (OJ No L 287, 26.12.1972, p. 22)                      Jury 1973
73/438/EEC (OJ No L 356, 27.12.1973, p. 79)                      Jury 1973 (Artide 5 (3))
                                                                 January 1974 (Article 5 (4))
                                                                 July 1974 (other provisions)
75/444/EEC (OJ No L196, 26. 7.1975, p. 6)                        Jury 1975 (Artide 5 (2))
                                                                 July 1977 (other provisions)
78/55/EEC (OJ No L16,20.1.1978, p. 23)                           Jury 1978 (Artide 5 (2))
                                                                 July 1979 (other provisions)
78/388/EEC (OJ No L113, 25.4.1978, p. 20)                        January 1981 (Artide 1 (1) (3) and (2) (4))
                                                                 July 1980 (other provisions)
78/692/EEC (OJ No L 236, 26. 8.1978, p. 13)                      July 1977
78/1020/EEC (OJ No L 350,14.12.1978, p. 27)                      July 1977
79/641/EEC (OJ No L183,19. 7.1979, p. 13)                        July 1980
80/304/EEC (OJ No L 68,14. 3.1980, p. 33)                        July 1980
81/126/EEC (OJ No L 67,12 3.1981, p. 36)                         Jury 1982
82/287/EEC (OJ No L131,13. 5.1982, p. 24)                        January 1983
82/727/EEC (OJ No L 310, 6.11.1982, p. 21)                       July 1982
82/859/EEC (OJ No L 357,18.12.1982, p. 31)                       Jury 1983
86/155/EEC (OJ No L118, 7. 5.1986, p. 23)                        March 1986 (Artides 4 (3), (4) and (5))
                                                                 July 1987 (other provisions)
87/120/EEC (OJ No L 49,18. 2.1987, p. 39)                        June 1988
87/480/EEC (OJ No L 273, 26. 9.1987, p. 43)                      Jury 1990
88/332/EEC (OJ No L151,17. 6.1988, p. 82)
88/380/EEC (OJ No L187,16. 7.1988, p. 31)                        July 1992 (Artide 5 (10), (19), (23) and (25) (5> and
                                                               also Artide 5 (12))
                                                                 July 1990 (other provisions)
90/654/EEC (OJ No L 353,17.12.1990, p. 48)
92/9/EEC (OJ No L 70,17. 3.1992, p. 25)                        30 June 1992
92/107/EEC (OJ No L16, 25.1.1993, p. 1)                        1 Jury 1994
(1) For Denmark, Ireland and the United Kingdom, 1 July 1973 for Article 14 (1); 1 July 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 1991 for Portugal.
(3) Concerning Annex I (3).
(4) Concerning Annex II (I) ( 1).
(5) In so far as these provisions require the botanical name of a spedes to be indicated on the label of seed.
                                                             ^
 ---pagebreak---                          ANNEX VU
                     CORRELATION TABLE
Directive 69/208/EEC          This Directive
Artide 1                      Article 1,1st subparagraph
Artide 17                     Article 1,2nd subparagraph
Artide 2 (1) ( A )            Article 2 (1 (A)
Artide 2 (1) ( B )            Artide 2 (1 (B)
Artide 2 (1)(Ba)              Artide 2 (1 (C)
Artide 2 (1) ( Q               Artide 2 (1 (D)
Artide 2 (1) ( D )            Article 2 (1 (E)
Artide 2 (1) ( E )             Article 2 (1 (F)
Artide 2 (1)(Ea)              Artide 2 (1 (G)
Artide 2 (1)(F)               Artide 2 (1 (H)
Artide 2 (1)(G)               Article 2 (1 (I)
Artide 2 (1)(H)               Artide 2 (1 (J)
Artide 2 (la)                 Artide 2 (2
Artide 2 (lb)                 Artide 2 (3
Artide 2 (lc)                 Artide 2 (4
Artide 2 (2) (b)              Artide 2 (5 (a)
Artide 2 (2) (d)              Artide 2 (5 (b)
Artide 3                      Artide 3
Artide 4                      Article 4
Artide 5                      Artide 5
Artide 6                      Artide 6
Artide 7                      Artide 7
Artide 8                      Artide 8
Artide 9                      Artide9
Artide 10                     Artide 10
Artide 11                     Article 11
Artide 12                     Artide 12
Artide 12a                    Artide 13
Artide 13                     Article 14
Artide 14                     Artide 15
Artide 15 (1) (a)             Artide 16 (a)
Artide 15 (1) (b)             Artide 16 (b)
Artide 16                     Artide 17
Artide 18                     Artide 18
Artide 19                     Artide 19
Artide 20a                    Artide 20
Artide 20                     Artide 21
Artide 21                     Artide 22
Artide 22                     Artide 23
                              Artide 24
                              Artide 25
                              Artide 26
                            °5>l{
 ---pagebreak--- ANNEXI                      ANNEXI
ANNEX II (I) (1)            ANNEX H (I) (1)
ANNEX II (I) (la)           ANNEX H (I) (2)
ANNEX II (I) (2)            ANNEX n (I) (3)
ANNEX II (I) (3)            ANNEX H (I) (4)
ANNEX II (IT)               ANNEX H (H)
ANNEX IU                    ANNEXin
ANNEX IV Part A (a)(1)      ANNEX IV Part A (a) (1)
ANNEX IV Part A (a) (2)     ANNEX IV Part A (a) (2)
ANNEX IV Part A (a) (3)     ANNEX IV Part A (a) (3)
ANNEX IV Part A (a) (4)     ANNEX IV Part A (a) (4)
ANNEX IV Part A (a) (5)     ANNEX IV Part A (a) (5)
ANNEX IV Part A (a) (6)     ANNEX IV Part A (a) (6)
ANNEX IV Part A (a) (7)     ANNEX IV Part A (a) (7)
ANNEX IV Part A (a) (8)     ANNEX IV Part A (a) (8)
ANNEX IV Part A (a) (9)     ANNEX IV Part A (a) (9)
ANNEX IV Part A (a) (10)    ANNEX IV Part A (a) (10)
ANNEX IV Part A (a) (10a)   ANNEX IV Part A (a) (11)
ANNEX IV Part A (a) (11)    ANNEX IV Part A (a) (12)
ANNEX IV Part A (b)         ANNEX IV Part A (b)
ANNEX IV PartB              ANNEX IV PartB
ANNEXV                      ANNEXV
                            ANNEX VI
                            ANNEX V n
                          °> V
 ---pagebreak---             Proposal for a
       COUNCIL DIRECTIVE
on the marketing of fodder plant seed
        (consolidated version)
                        <u
 ---pagebreak---                          EXPLANATORY MEMORANDUM
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 darity and trans-
parency.
On 1 April 1987 the Commission therefore dedded to instrua its staff that all legis-
lative measures should be consoUdated 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.
The condusions 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 consoUdated,
it was also suggested that "a jointly acceptable accelerated working method should be
sought allowing codified Community law (repladng existing legislation without chang-
ing its substance) to be adopted in a speedy and efficient way".
The proposed consoUdated version of Council Directive 66/401/EEC of 14 June 1966
on the marketing of fodder plant seed forms part of a much larger programme of conso-
Udation of the provisions on seeds and propagating material for agriculture, horticul-
ture and forestry. It has been drafted in accordance with the fundamental prindples
agreed by Council, ParUament and the Ccmirnission in 1974; it aims at legislative con-
solidation: 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 0). This codified text will
serve as the basis for future legislative developments in this field.
Certain provisions of Directive 66/401/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 finandal impaa for these
firms if they were required to begin using the new labels forthwith.
 For these reasons, and since consoUdating directives do not need to be transposed, the
original provisions being presumed to have been transposed within the time allowed,
it would appear possible to incorporate this amendment in the consoUdation proposal
as a purely formal adjustment
The Commission wfll accordingly present a separate proposal for die amendment of
Directive 66/401/EEC repladng "EEC" by "EC".
This amendment and those already proposed to the Council will, foUowing adoption, be
 incorporated in the consoUdation proposal which should then be before the Council.
 This consolidation proposal was drawn up on the basis of a preliminary consolidation,
 in all the offidal languages, of Direaive 66/401/EEC and the instruments amending it,
 carried out by the Office for Offidal PubUcations 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 consoUdated Directive.
0) Annex VT, part A of this proposal.
 ---pagebreak---                                                   Proposal for a
                                          COUNCIL DIRECTIVE ../.«/EC
                                                        of
                                       on the marketing of fodder plant seed             95/0305 (CNS)
          THE COUNCIL OF THE EUROPEAN UNION,
           Having regard to the Treaty estabUshing 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 ParUa-
          ment (l),
          Having regard to the opinion of the Economic and So-
          cial Committee (*),
    1)    Whereas Council Directive 66/401/EEC of 14 June 1966
          on the marketing of fodder plant seed (3) has been fre-
          quently and substantially amended; whereas for reasons
          of clarity and rationaUty the said Directive should be
          consoUdated;
    2)    Whereas fodder plant production occupies an important                       66/401/EEC
          place in the agriculture of the Community;
    3)    Whereas satisfactory results in fodder plant 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 fodder plant seed
          to high-quahty seed; whereas they have been able to
          take advantage of the systematic plant selection work
          carried out over several decades which has resulted in
          the development of sufficiently stable and uniform fod-
          der plant varieties which, by reason of their charaaeris-
          tics, promise to be of great value for purposes in view;
    4)    Whereas greater productivity will be achieved in Com-
          munity fodder plant cultivation if for the choice of the
          varieties permitted to be marketed the Member States
          apply uniform rules which are as stria as possible;
          whereas a common catalogue of varieties of agricultural                     71/162/EEC
          plant spedes is therefore provided for in Council Direc-
          tive 95/..7EC (4);                                                          [70/457/EEC]
(1)   OJNoC-
(2)   OJNoC...
(3)   OJ No 125,11.7.1966, p. 2298/66; as last amended by the Act of Accession AT, FI, SE.
(4)   See page._ of this Official Journal
                                                            ^
 ---pagebreak---  5) Whereas it is, however, justifiable to restria marketing         66/401/EEC
    to certain varieties only if the user can be sure of actual-
    ly obtaining seed of those varieties;
 6) Whereas certain Member States have for this purpose           5.
    been applying certification schemes which are intended,
    by offidal verification to ensure the identity and purity
    of the varieties;
 7) Whereas such schemes already exist at international lev-
    el; whereas the Organization for Economic Co-operation
    and Development has estabUshed a scheme for the vari-
    etal certification of herbage seed moving in international
    trade;
 8) Whereas it is desirable to estabUsh a uniform certifica-
    tion scheme for the Community based on the experience
    gained in the appUcation of that scheme and of national
    schemes for this product; whereas the Community
    scheme should therefore apply to marketing both in oth-
    er Member States and on domestic markets;
 9) Whereas it has become apparent, in the course of apply-          75/444/EEC
    ing this Directive, that smaU packages of fodder plant           (adapted)
    seed form an item of trade within the Community;
    whereas it accordingly seemed necessary to harmonize
    this sector;
10) Whereas, as a general rule, fodder plant seed, for what-         66/401/EEC
    ever use it is intended as grown, should be allowed to be
    marketed only if it has been offidally examined and cer-
    tified, in accordance with the rules for certification, as
    basic seed or certified seed or if, in the case of certain
    genera and species, it has been offidalh/ examined and
    approved as commercial seed; whereas the choice of the
    technical terms 'basic seed' and 'certified seed' is based
    on already existing international terminology; whereas,          78/55/EEC
    by way of derogation however, Community rules also               (adapted)
    permit in the case of certain spedes, certification as 'cer-
    tified seed' where the seed has been produced from pre-
    basic seed which has been subjea to offidal examina-
    tion; whereas the latter is not suffident for some spedes;
    whereas this facility should be extended provided that
    suffident guarantees are laid down;
11) Whereas there should be approval for commerdal seed          10. 66/401/EEC
    in order to take into account the faa that not all genera
    and spedes of fodder plant of importance for cropping
    have as yet produced either the desired varieties or suffi-
    dent quantities of seed of the existing varieties to meet
    all the needs of the Community; whereas it is therefore
    necessary, in the case of certain genera and spedes, to
    approve fodder plant seed which is not of a named vari-
    ety, but which satisfies the regulations in all other re-
    spects;
                                                     ^LOJO
 ---pagebreak---  12)  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 estabUshed prindple that only seed offidally certified
      as T?asic seed' or 'certified seed' are permitted to be
      marketed;
 13)  Whereas, in the case of fodder plant seed, certain condi-       79/692/EEC
      tions concerning seed testing should be relaxed for those
      regions of the Community in which very favourable eco-
      logical conditions ensure compUance with the relevant
      Community standards laid down;
14)   Whereas fodder plant seed which is not placed on the       11. 66/401/EEC
      market should not, in view of its minor economic impor-
      tance, be subjea to Community rules; whereas Member
      States must retain the right to make such seed subjea to
      spedal provisions;
15)   Whereas Community rules should not apply to seed           12.
      shown to be intended for export to third countries;
16)  Whereas, in order to improve not only the genetic quaU-     13.
     ty of Community fodder plant seed but also its external
     charaaeristics, certain requirements should be laid down
     as to analytical purity and germination;
17)  Whereas, in order to ensure the identity of the seed,       14.
     Community rules on packaging, sampling, seating and
     marking must be estabUshed; whereas to this end the
     labels should give the particulars needed both for offidal
     verification and for the information of the farmer and
     should dearly show the Community nature of the certifi-
     cation of the certified seed of the various categories;         73/438/EEC
     whereas in the case of fodder plant seed provision
     should be made for the possibiUty of spedal marking
     concerning the presence of Avena fatua;
18)  Whereas it should be ensured that the suppUers' labels          88/380/EEC
     required under national provisions are drawn up in such
     a way that they cannot be confused with the offidal la-
     bels;
19)  Whereas it seems advisable that, for the purpose of             (adapted)
     seeking improved alternative solutions to certain ele-
     ments of the certification schemes adopted under this
     Directive, temporary experiments under spedfic condi-
     tions should be organized;
20)  Whereas certain Member States need mixtures of fodder       15. 66/401/EEC
     plant seed of several genera and spedes for spedal uses;
     whereas, in order to take these needs into account,
     Member States should be authorized to approve such
     rnixtures subject to certain conditions;
                                                   A*>*
 ---pagebreak--- 21)  Whereas, in order to ensure that both the requirements    16.
    as to the quaUty of the seed and the provisions for en-
    suring its identity are compUed with during marketing,
    Member States must make provision for appropriate ver-
    ification arrangements;
22) Whereas seed satisfying these requirements should, with-   17.
    out prejudice to Artide 36 of the Treaty, be subjea to
    no marketing restrictions other than those provided for     +
    in Community rules; whereas it is necessary to provide      2. 72/418/EEC
    that, in certain drcumstances, bred seed of generations
    prior to basic seed and plants, admitted for marketing in
    the Member States and in accordance with Community
    rules, should no longer be subjea to marketing restric-
    tions between the Member States;
23) Whereas restrictions include in particular the obUgation   18. 66/401/EEC
    of the Member States to restria the marketing of seed          (adapted)
    to those varieties allowed by the common catalogue pro-
    vided for by Directive 95/..JEC;                               [70/457/EEC]
24) Whereas, subjea to certain conditions, seed multipUed in   19.
    another country from basic seed certified in a Member
    State should be recognized as being equivalent to seed
    multipUed in that Member State;
25) Whereas, on the other hand, provision should be made       20.
    for authorizing the marketing within the Community of
    fodder plant seed harvested in third countries only if
    such seed affords the same assurances as seed officially
    certified, or offidally approved as commerdal seed, with-
    in the Community and complying with Community rules;
26) Whereas, during periods in which there are difficulties in 21.
    obtaining suppUes of certified seed of the various catego-  +
    ries, seed of an inferior quatity should temporarily be
    permitted to be marketed, and also seeds of varieties not      72/418/EEC
    induded either in the common catalogue or in the na-
    tional catalogue of varieties;
27) Whereas, in order to harmonize the technical methods       22. 66/401/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';
                                                  yU)l
 ---pagebreak---   28)    Whereas for the exercise of implementation powers con-  23. (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 Artide 2 (II) of
         Council Dedsion 87/373/EEC (l);
  29)    Whereas this Directive must not affea the obUgations 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 L197,18.7.1987, p. 33.
                                                       -Ajcr$
 ---pagebreak---                            Article 1
This Directive shaU apply to fodder plant seed marketed            66/401/EEC
within the Community, irrespective of the use for which
the seed as grown is intended.
It shaU not apply to fodder plant seed shown to be inten-                                        Article 18
ded for export to third countries.
                           Article 2
L,   For the purposes of this Direaive,                            69/63/EEC- Art. 3(1)
A.   "Fodder plants" means plants of the foUowing genera
     and spedes:
     (a)  Gramineae                 Grasses
         Agrostis canina L          Velvet bent                 179/641/EEC - A r t 1(1)
         Agrostis gigantea Roth      Redtop                      71/162/EEC - A r t 2(1)
         Agrostis stolonifera L.    Creeping bent grass
         Agrostis capillaris L      Brown top                    87/120/EEC - A r t 2(1)
         Alopecurus pratensis L     Meadow foxtail               66/401/EEC
         Arrhenatherum     elatius TaU oatgrass                  79/641/EEC-Art. 1(1) - 87/120/EEC-Art 2(1)
         (L) P. Bcayy, CT J.S
         and K.B Prcsl
         Bromus catharticus         Rescue grass                 88/380/EEC - Art 2(1)
         Vahl
         Bromus sitchensis Trin. Alaska brome-grass
         Cynodon dactylon (L.) Bermuda grass                     86/155/EEC - Art. 1(1)
         Pers.
         Dactylis glomerata L       Cocksfoot                    66/401/EEC
         Festuca arundinacea        TaU fescue                   87/120/EEC - Art. 2(1)
         ScJnei2ex
         Festuca ovina L,           Sheep's fescue
         Festuca pratensis Hud- Meadow fescue                    87/120/EEC - Art. 2(1)
         son
         Festuca rubra L            Red fescue
         Lolium multiflorum         Italian ryegrass (including 71/162/EEC - Art. 2(2)
         Lam.                       Westerwold ryegrass)
         Lolium perenne L           Perennial ryegrass
         Lolium X bçuçheq-          Hybrid ryegrass              87/120/EEC - Art. 2(1)
         num Kupth
         Phalaris aquatica L.       Harding grass, Phalaris    j 86/155/EEC - A r t 1(1)
                                           /JOLi
 ---pagebreak---     Phleum bertolonn DC       Timothy                    | 79/641/EEC- Art. 1(1)
    Phleum pratense L         Timothy                    I 66/401/EEC
    Poa annua L               Annual meadowgrass           71/162/EEC - Art 2(3)
    Poa nemoralis L.          Wood meadowgrass
    Poa palustris L.          Swamp meadowgrass
    Poa pratensis L           Smooth-stalk meadowgrass
    Poa trivialis L           Rough-stalk meadowgrass
    Trisetum flavescens       Golden oatgrass              79/641/EEC-Art 1(1) - 87/120/EEC-Art 2(1]
    (L.) P. Beauv.
     This definition shaïï also cover the foUowing hy-      92/19/EEC - A r t 1(1)
     brid resulting from the crossing of spedes re-
     ferred to above.
    Festuca pratensis         Hybrid resulting from the
    Huds. X Lolium mul- crossing of taU fescue with
    tiflorum Lam.             ItaUan ryegrass (including
                              Westerworld ryegrass) ( x
                              Festulolium)
(b) Leguminosae               Legumes                      69/63/EEC - A r t 3(2)
    Hedysarum coronarium SuUa
    L
    Lotm comiculatm L         Birdsfoot trefoil
    Lupinus albus L.          White lupin                 71/162/EEC - A r t 2(4)
    Lupinus angustifolius     Blue lupin
    L
    Lupinus luteus L          YeUow lupin
    Medicago lupulina L.      Black medick                 69/63/EEC - Art 3(2)
    Medicago sativa L.        Lucerne
    Medicago X varia T.       Lucerne                      79/641/EEC-Art 1(2) - 87/120/EEC-Art 2(1)-
    Martyn.
    Onobrychis vicufolia      Sainfoin
    Scop.
    Pisum sativum L. (par- Field pea
    tim)
    Trifolium alexandrinum    Berseem, Egyptian dover      69/63/EEC - Act 3(2)
    L.
    Trifokum hybridum L       Alsike clover
    Trifolium incamatum       Crimson clover
    L.
    Trifolium pratense L      Red dover
    Trifolium repens L        White clover
    Trifokum resupinatum      Persian clover
                                     A&Ç
 ---pagebreak---         Trigonella foenum-         Fenugreek                79/641/EEC - A r t 1(2)
       graecum L.
        Vicia faba L (panim)     Field beans                79/641/EEC - A r t 1(3)
        Vicia pannonica          Hungarian vetch            71/162/EEC - Art 2(5)
       Crantz
        Vicia sativa L           Common vetch
        Vicia villosa Roth       Hairy vetch
   (c) Other species                                        69/63/EEC - A r t 3(3)
       Brassica napm L. var.      Swede                     87A20/EEC - A r t 2(1)
       napobrassica CL.)
       Bchk
       Brassica oleracea L.      Fodder kale                87A20/EEC - A r t 2(1)
       convar. acephala
        CDC.Ï Met var. me-
       dulhsa Theli + var,
       variais L
       Phacelia tanacetifolia    California bluebefl        88/380/EEC - A r t 2(1)
        Benth.
       Rpphanus sqfivm L,        Fodder radish.             69/63/EEC - Art 3(3) - 87A20/EEC - Art. 2(1)
       var. oleiformis Pers
B. 'Basic Seed':                                             66/401/EEC
   1.   'Seed of bred varieties' means seed
        (a) which has been produced under the respon-
              sibiUty 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, subjea to the provisions of Artide 4,
              satisfies the conditions laid down in An-
              nexes I and II for basic seed; and
        (d) which has been found by offidal examina-
              tion to satisfy the abovementioned condi-
              tions;
    2.  'Seed of local varieties' means seed
         (a) which has been produced under official con-
              trol from material offidaUy accepted as be-
              ing of the local variety on one or more
              holdings situated within a dearly demar-
              cated region of origin;
         (b) which is intended for the production of seed
              of the category 'certified seed';
                                          AO6
 ---pagebreak---                                                                                66/401/EEC - IV
                                                                                    8. 11. 1995
    (c) which, subjea to the provisions of Article 4,   66/401/EEC
          satisfies the conditions laid down in An-
          nexes I and II for basic seed; and
    (d) which has been found by official examina-
          tion to satisfy the abovementioned condi-
          tions;
C.  'Certified seed' means seed
    (a) which has been produced direary from basic      69/63/EEC - Art. 3(4)      Corrigendum, EngUsh
          seed or certified seed, or, if the breeder so Special Edition, p. 30
         requests, from seed of a generation prior to
         basic seed which has been found by offidal
         examination to satisfy the conditions laid
         down in Annexes I and II for basic seed;
   (b) which is intended for the production of seed     66/401/EEC
         of the category 'certified seed' or of plants;
   (c) which, subjea to the provisions of point (b)
         of Artide 4, satisfies the conditions laid
         down in Annexes I and II for certified seed;
         and
   (d) which has been found by offidal examina-
         tion to satisfy the abovementioned condi-
         tions;
D. 'Commerdal seed' means seed
   (a) which is identifiable as belonging to a spe-
         des
   (b) which, subjea to the provisions of Article 4
         (b), satisfies the conditions laid down in An-
         nex II for commercial seed; and
   (c) which has been found by offidal examina-
         tion to satisfy the abovementioned condi-
         tions.
E. 'Official measures' means measures taken
   (a) by State authorities, or
   (b) by any legal person whether governed by
         pubUc or by private law, acting under the
         responsibility of the State, or
   (c)   in the case of anciUary activities which are
         also subjea 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 mea-
   sures;
                                     AOf
 ---pagebreak---       F.   'Small EEC A packages' means packages con-         75/444/EEC - Art 2(1)
           taining a mixture of seeds not intended for the
           production of fodder plants, with a net weight
           not exceeding 2 kg exduding, where appropriate,
           granulated pestiddes, pelleting substances or oth-
           er solid additives;
      G. 'Small EEC B packages' means packages con-
           taining certified seed, commerdal seed or — if
           the packages concerned are not small EEC A
           packages — a mixture of seeds with a net weight
           not exceeding 10 kg exduding, where appropri-
           ate, granulated pestiddes, pelleting substances or
           other solid additives.
2.      Amendments to be made to the list of species re-      78/55/EEC - Art 2(1)
ferred to in point A of paragraph 1 in the light of the
development of sdentific or technical knowledge concern-
ing the names and hybrids resulting from the crossing of      88/380/EEC - Art 2(2)
spedes covered by this Directive shall be adopted in accor-
dance with the procedure laid down in Article 25 (2).
3.      The different types of varieties, including the com-  88/380/EEC - Art 2(4)
ponents, eligible for certification under this Directive may
be specified and defined in accordance with the procedure
laid down in Artide 25 (2).
4       Member States may be authorized in accordance         78/55/EEC-Art 2(1) - 88/380/EEC-Art 2(3)
with the procedure laid down in Artide 25 (2) to permit,
by way of derogation from point C (a) of paragraph 1, to
be certified as certified seed seeds of serf-pollinating or
apomictic spedes which have been entered for certification
as basic seed and which have been produced directly from
a generation prior to basic seed but which has not been
officially 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 offidally and carried out at
the latest during the growing season of the entered seeds
shows that the seeds from the previous generation have
met the requirements for basic seed in respea of varietal
identity and purity. In this case the breeder shall, when the
samples are taken, state the total area which has been un-
der produaion 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 25 (2).
                                            AJD^
 ---pagebreak---  Member States shaU require that the offidal labels for       78/55/EEC - Art 2(1)
 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-
 dal labels also be marked: 'intended for further multipUca-
 tion onr/.
 5j, Member States may be authorized, in accordance with      79/692/EEC - Art. 1 - 88/380/EEC - Art 2(3)
the procedure laid down in Artide 25 (2), not to apply in
 respea of the production of a given Member State the
condition contained in Annex n, section L point 2, para-
graph B (1) for one or more of the spedes concerned, if it
can be assumed from ecological conditions and previous
experience that the standards laid down in Annex IL sec-
tion L point 2, column 13 of the table are being compUed
with.
6. Member States may, during a transitional period of        69/63/EEC - Art 3(5)
not more than four years after the entry into force of the
laws, regulations or administrative provisions necessary to
comply with this Directive, and by way of derogation from
pint C of paragraph 1, certify as certified seed seed pro-   Corrigendum, English Special Edition, p. 30
duced directly from seed officiaUy verified in a Member
State under the scheme in operation at that time and
which affords the same assurances as seed certified as ba-
sic seed or certified seed in accordance with the prindples
of this Directive.
                           Article 3
1. Without prejudice to the provisions of Directive          69/63/EEC - Art 4
95/.. ./EC, Member States shaU provide that seed of:         [70/457/EEC]
Brassica napus L var. naprobrassica (L) Rchb.                87/120/EEC - Art 2(2)
Brassica oleracea L convar. acephala (DC) Alef. var. me-
dullosa TheU. + var. viridis L
Dactylis glomerata L.                                        69/63/EEC -Ait. 4
Festuca arundinacea Schreber                                 87/120/EEC - Art 2(2)
Festuca pratensis Hudson
Festuca rubra L. x Festulotium                               69/63/EEC - Art 4 - 92/19/EEC - Art 1(2)
Lolium multiflorum Lam.                                      71A62/EEC - Art 2(6)
Lolium perenne L
Lolium x boucheanum Kunth                                    87/120/EEC - Art 2(2)
Phleum pratense L                                            69/63/EEC - Art. 4
Medicago sativa L
                                         ^Lo?
 ---pagebreak--- Medicago x varia T. Martyn                                      87A20/EEC - A r t 2(2)
Pisum sativum L                                                 79/641/EEC - A r t 1(4)
Raphanus sativus L var. oleiformis Pers.                        87A20/EEC - A r t 2(2)
 Trifolium repens L                                             69/63/EEC - A r t 4
 Trifolium pratense L
may not be placed on the market unless it has been offi-
daUy certified as 'basic seed' or 'certified seed' and unless
it satisfies the conditions laid down in Annex H
2. Member States shaU provide that fodder plant seed of         66/401/EEC
genera and spedes other than those Usted in paragraph 1
may not be placed on the market unless the seed has been
officially certified as *basic seed' or 'certified seed', or is
commerdal seed, and unless the seed also satisfies the
conditions laid down in Annex IL
3. The Commission may, in accordance with the pro-
cedure laid down in Artide 25 (2), provide that after spe-
cified dates seed of genera and species of fodder plant oth-
er than those Usted in paragraph 1 may not be placed on
the market unless it has been offidally certified as *basic
seed' or 'certified seed'.
4. Member States shall ensure that the offidal examina-
tions are carried out in accordance with current interna-
tional methods, insofar as such methods exist
5. 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 sdentific purposes;
(c) for selection work;
(d) for seed as grown, marketed for processing, provided
      that the identity of the seed is ensured.
                           Article 4
Member States may, however, by way of derogation from
the provisions of Artide 3:
(a) authorize the official certification and marketing of
      basic seed which does not satisfy the conditions laid
      down in Annex II in respea of gennination; a similar
      derogation may also be granted in respea of certified
      seed of Trifolium pratense where such seed is intended
      for the further production of other certified seed.       Corrigendum, English Special Edition, p. 30
      In such cases, aU necessary measures shaU be taken to
      ensure that the suppUer guarantees a specific ger-
      mination which he shaU state for marketing purposes
      on a special label bearing his name and address and
      the reference number of the seed lot;
                                           ^iAo
 ---pagebreak---  (b) in order to make seed rapidly available, notwithstand-     66/401/EEC
       ing the faa that official examination to check com-
       pliance with the conditions laid down in Annex II in
       respea of germination has not been conduded, autho-
      rize the official certification or approval and market-
       ing as far as the first buyer by way of trade of seed of
      the categories 'basic seed', 'certified seed' or 'commer-
      dal seed'. Certification or approval shaU be granted
      only on presentation of a provisional analytical report
      on the seed and provided that the name and address
      of the first recipient are given; aU necessary measures
      shaU be taken to ensure that the suppUer guarantees
      the germination ascertained at the provisional analy-
      sis; this germination shall be stated for marketing pur-
      poses on a spedal label bearing the name and address
      of the supplier and the reference number of the lot
These provisions shaU not apply to seed imported from
third countries, save as otherwise provided in Article 15 in
respea of multipUcation outside the Community.
                             Article 5
Member States may, as regards the conditions laid down in
Annexes I and H, impose additional or more stringent re-
quirements for the certification and examination of com-
merdal seed produced in their own territory.
                             Article 6
Member States shaU provide that the description of the          71/162/EEC - Art 2(7)
genealogical components which may be required is, if the
breeder so requests, treated as confidential.
                             Article 7
1. Member States shall require that, for the checking of        66/401/EEC
varieties, the examination of seed for certification and the
examination of commerdal seed, samples are drawn offi-
daUy in accordance with appropriate methods.
2. For the examination of seed for certification and the
examination of commerdal seed, samples shaU be drawn
from homogeneous lots; the maximum weight of a lot and
the minimum weight of a sample are given in Annex HI.
                             Article 8
1. Member States shaU require that basic seed, certified
seed and commercial seed be marketed only in sufficiently       69/63/EEC - Art. 5 - Corrigendum, English
homogeneous lois and in sealed packages bearing, as pre-        Spedal Edition, p. 16
scribed in Article 9f 10 or l l f whichever is appropriate, a   75/444/EEC - Art 2(2)
seaUng system and markings.
2. Member States may, for the marketing of smaU quan-
tities to the final consumer, provide for derogations from
the provisions of paragraph 1 in respea of packaging, seal-
ing and marking.
                                             API
 ---pagebreak---                            Article 9
 1. Member States shaU require that packages of basic         78/692/EEC - A r t 2(1)
seed, certified seed and commercial seed, except where
seed of the two latter categories takes the form of smaU
EEC B packages, be sealed offidaUy or under offidal su-
pervision 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 10 (1) or the package.
In order to ensure sealing, the sealing system shaU com-
prise at least either the offidal label or the affixing of an
official seal.
The measures provided for in the second subparagraph
shaU not be necessary where a non-reusable sealing system
is used.
In accordance with the procedure laid down in Artide
25 (2), it may be estabUshed whether a particular sealing
system comphes with the provisions of this paragraph.
2. Member States shaU require that, except in the case        75/444/EEC - A r t 2(3)
of smaU EEC B packages, packages shaU not be resealed
on one or more occasions unless this is done offidaUy oi      78/692/EEC - A r t 2(2)
under offidal supervision. If packages are resealed, the faa
of resealing, the date of resealing and the authority re-
sponsible therefor shaU be stated on the label required un-
der Artide 10 (1).
3. Member States shaU require that smaU EEC B pack-           78/692/EEC - A r t 2(3)
ages be sealed in such a manner that they cannot be
opened without damaging the sealing system or leaving
evidence of tampering on the label or package. In accor-
dance with the procedure laid down in Article 25 (2), it
may be estabUshed whether a particular sealing system
compUes with the provisions of this paragraph. Packages
shaU not be resealed on one or more occasions except un-
der official supervision.
4. Member States may provide for exceptions to para-          75/444/EEC - A r t 2(3)
graphs 1 and 2 in the case of small packages of basic seed.
                          Article 10
1. Member States shall require that packages of basic         78/55/EEC - A r t 2(2)
seed, certified seed and commerdal seed, except where
seed of the last two categories takes the form of smafl
EEC B packages:
                                          yiA^
 ---pagebreak--- (a) be labeUed on the outside with an offidal label which      78/55/EEC - Art 2(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 offidal lan-
      guages of the Community. The colour of the label
      shaU be white for basic seed, blue for certified seed of
      the first generation after basic seed, red for certified
      seed of subsequent generations and brown for com-
      merdal seed. When a label with a string-hole is used,
      its attachment shaU be ensured in aU cases with an
      offidal seaL If, in cases under point (a) of Artide 4,
      the basic seed or certified seed does not satisfy the
      conditions laid down in Annex II in respea of ger-
      mination, this faa shaU be stated on the label. The
     use of offidal adhesive labels shaU be authorized. In
      accordance with the procedure laid down in Article
      25 (2), the indehble printing under offidal supervision
     of the prescribed information on the package accord-
     ing to the label's model may be authorized;
(b) contain an official document, in the same colour as
     the label, giving at least the infomation required un-
     der Annex IV (A) (I) (a) (3), (5) and (6) and, in the
     case of commerdal seed, under (b) (2), (4) and (6).
     This document shaU be drawn up in such a manner
     that it cannot be confused with the offidal label re-
     ferred to under (a). This document is not necessary if
     the information is printed indeUbly on the package co-
     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 smaU packages of basic seed where
they are marked: 'passed for marketing in: . . . (Member
State concerned) onry\
                          Article 11                                                   Article 10a
1.     Member States shaU require that smaU EEC B pack-        75/444/EEC - A r t 2(6)
ages:
(a) bear on the outside in accordance with Annex IV (B)
      a suppUer's label, a printed notice or stamp in one of
     the offidal languages of the Community; in the case
     of transparent packages this label may be placed in-
     side, provided it can be read through the package; as
     regards the colour of the label, Article 10 (1) (a) shaU
     apply;
                                           A AI
 ---pagebreak--- (b) bear on the outside or on the suppUer's label pro-        75/444/EEC - Art 2(6)
      vided for in point (a) an officially assigned serial
      number; should an offidal adhesive label be used, Ar-
      ticle 10 (1) (a) shaU apply as regards its colour, the
      methods of attaching the said serial number may be
      fixed in accordance with the procedure laid down un-
      der Artide 25 (2).
2. Member States may require that an offidal adhesive
label containing part of the information prescribed in An-
nex IV (B) is used for the marking of smaU EEC B pack-
ages packed in their territory; insofar as the information is
given on such label, the marking provided for in point (a)
of paragraph 1 shaU not be required.
                          Article 12                                                          Article 10b
Member States may provide that, on request, smaU EEC B
packages of certified seed and commerdal seed are sealed      78/55/EEC - Art. 2(3)
and marked offidally or under offidal supervision accord-
ing to Articles 9 (1) and 10.
                          Article 13                                                          Article 10c
Member States shaU take afl measures necessary to ensure
that, in the case of smaU packages of seed, the identity of
the seed can be checked, in particular at the time when
seed lots are divided up. To this end they may require that
smaU packages divided up in their territory shall be sealed
offidaUy or under offidal supervision.
                          Article 14                                                           Article U
L This Directive shaU not affea the right of Member           66/401/EEC - 88/380/EEC - Art 2(5)
States to require that, in cases other than those provided
for by this Directive, packages of basic seed, certified seed 75/444/EEC - Art 2(7) - Corrigendum, English
or commerdal seed, whether the seed has been produced         Special Edition, p. 16
in their own territory or imported, must, if the seed is to
be marketed within their territory, bear a suppUer's label
or that seed lots complying with the spedal conditions con-   73/438/EEC - Art 2(3)
cerning the presence of Avena fatua laid down according
to the procedure provided for in Article 25 (2\ must be
accompanied bv an offidal certificate attesting compUance
with these conditions.
2. The label referred to in paragraph 1 shaU be drawn         88/380/EEC - Art 2(6)
up in such a manner that it cannot be confused with the
official label referred to in Article 10 (1).
                          Article 15                                                            AJMSJI
Member States shaU require that any chemical treatment        66/401/EEC
of basic seed, certified seed or commerdal seed be noted
either on the official label or on the suppUer's label and
on the package or inside it.                                  Corrigendum, English Spedal Edition, p. 16
                                           si/Uj
 ---pagebreak---                           Article 16                                                  Article 13
 1. Member States shaU require that fodder plant seed in     75/444/EEC - A r t 2(8)
 the form of mixtures of seed of various genera, spedes or
varieties or of mixtures containing seed of plants which are
not fodder plants within the meaning of this Directive may
 be marketed only if they are not intended for the produc-
tion of fodder plants and if the various components of the
 mixture compUed, before mixing, with the marketing regu-
lations appUcable to them.
2. Notwithstanding paragraph 1, Member States may
also authorize the marketing of fodder plant seed in the
form of mixtures:
—     if such mixtures are intended for the production of
      fodder plants, or
—     if these mixtures contain seed of plant spedes for
      which Community provisions do not provide that they
      may be mixed with seed of fodder plants.
3. Artides 8, 9, 12, 14 and 15 shaU apply, and, provid-
ing, however, the label is green in colour, Artides 10 and
11. For this purpose, smaU EEC A packages shaU be con-
sidered smaU EEC B packages.
However, for smaU EEC A packages, the offidaUy as-
signed serial number provided for in paragraph 1 (b) of
Artide 11 shaU not be required.
In applying paragraph 2, Member States may authorize
derogations from this Directive for smaU packages as re-
gards maximum quantities and the information to be pro-
vided when marking, if such packages are marked: Tassed
for marketing in . . . (Member State concerned) onry\
                         Article 17                                                  Article 13a
For the purpose of seeking improved alternatives to certain  88/380/EEC - Art 2(7)
elements of the certification scheme adopted under this
Directive, it may be dedded to organize temporary experi-
ments under specified conditions at Community level in ac-
cordance with the procedure laid down in Artide 25 (2).
In the framework of such experiments, Member States may
be released from certain obUgations laid down in this Di-
rective. The extent of that release shall be defined with
reference to the provisions to which it appUes. The dura-
tion of an experiment shaU not exceed seven years.
                                         ./HÇ
 ---pagebreak---                            Article 18                                                           Article 14
1.    Member States shaU ensure that                            75/444/EEC - Art 2(9)
— basic seed and certified seed which has been officiaUy
      certified and the packaging of which has been marked      78/55/EEC - Art 2(4)
     and sealed offidally or under offidal supervision, pur-
     suant to this Directive,
— commercial seed which has been offidally tested and
     the packaging of which has been marked and sealed          78/55/EEC - Art 2(4)
     officially or under official supervision, pursuant to this
     Directive,
— certified seed which has been officiaUy certified and
     officially tested commercial seed which take the form
     of smaU EEC B packages which have been marked
     and sealed pursuant to this Directive,
— seed in the form of mixtures, produced in accordance
     with this Directive and not intended for the produc-
     tion of fodder plants, whose packaging has been
     marked and sealed pursuant to this Directive,
is not subjea to any marketing restrictions as regards its
characteristics, examination requirements, marking and
sealing other than those laid down in this Directive.
2.     The Commission, in accordance with the procedure         Act of Accession DA, IRL, UK - Art 29
provided for in Article 25 (2), shaU for the marketing of
forage crop seeds authorize, in respect of the whole or
parts of the territory of one or more Member States, pro-
visions which are more stria than those laid down in An-
nex II concerning the presence of Avena fatua in those
seeds, if similar provisions are appUed to the home produc-
tion of those seeds and if there is a campaign to eradicate
Avena fatua from forage crops grown in the region in
question.
3.    Member States may:                                        66/401/EEC
(a) in so far as measures taken by the Commission under
     Artide 3 (3) have not entered into force, provide that
      after specified dates seed of genera and species of
      fodder plant other than those listed in Article 3 (1)
      may not be placed on the market unless it has been
      officiaUy certified as *basic seed' or 'certified seed';
(b) adopt provisions concerning the maximum moisture
      content accepted for marketing;
(c) restria the marketing of certified fodder plant seed to
      that of the first generation after basic seed;
                                            Ai 6
 ---pagebreak---  4. Member States which have provided for exemptions             72/418/EEC - Art 2(3)
 in accordance with the provisions of point (a) of Article 3
 (5) shaU ensure that bred seed of generations prior to ba-
 sic seed are subjea to no marketing restrictions on account
 of their charaaeristics. examination arrangements, marking      Corrigendum, English Spedal Edition, p. 106
 and seating,
 (a) if it has been offidaUy checked by the competent cer-      Corrigendum, EngUsh Special Edition, p. 106
       tification authority, in accordance with the provisions
       appUcable for the certification of basic seed,
 (b) if it is packed in accordance with the provisions of
       this direaive, and
 (c) if its packages bear an official label giving at least the Corrigendum, English Spedal Edition, p. 106
      foUowing particulars:
      — certification authority and Member State or their
             distinguishing abbreviation
      — lot, reference number                                   Corrigendum, EngUsh Spedal Edition, p. 106
             month and year of seating,                         78/692/EEC - Art 2(4)
            or
            month and year of the last offidal sampling for
            the purposes of certification
            spedes, indicated at least under its botanical      88/380/EEC - Art 2(8)
            name, which may be given in abridged form and
            without the authorities' names, in roman char-
            acters,
            variety, indicated at least in roman charaaers,
      — the description 'pre-basic seed'                        72/418/EEC - Art 2(3)
      — number of generations preceding seed of the             Corrigendum, EngUsh Special Edition, p. 106
            category 'certified seed' of the first generation.
The label shaU be white with a diagonal violet Une.             Corrigendum, English Special Edition, p. 106
In accordance with the procedure laid down in Article           88/380/EEC - Art 2(9)
25 (2), Member States may be released from the require-
ment to indicate the botanical name in respea of individu-
al spedes and, where appropriate, for limited periods
where it has been estabUshed that the disadvantages of its
implementation outweigh the advantages expected for the
marketing of seed.
                                            A^T-
 ---pagebreak---                            Article 19                                                 Article 15
1.   The Member States shah provide that fodder plant          88/380/EEC - Art 2(10)
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 (b) of Article 20, or
     which has been produced directly from the crossing of
     basic seed officially certified in a Member State with
     basic seed offidaUy certified in such a third country,
     and
— which has been harvested in another Member State,
shaU, on request and without prejudice to the provisions of
Directive 95/.. TEC, be offidally 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 certifica-
tion as basic seed, if the conditions laid down for that
category are satisfied.
2. Fodder plant seed which has been harvested in
another Member State, and which is intended for certifica-
tion in accordance with the provisions laid down in para-
graph 1, shaU:
— be packed and labeUed with an official label satisfying
     the conditions laid down in Annex V (A) and (B), in
     acordance 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).
3. Member States shaU also provide that fodder plant
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 (b) of Artide 20, or
     which has been produced directly from the crossing of
     basic seed officiaUy certified in a Member State with
     basic seed offidaUy certified in such a third country,
     and
— which has been harvested in a third country,
                                             AA%
 ---pagebreak--- shall, on request be offidally certified as certified seed in   88/380/EEC - Art 2(10)
any of those Member States where the basic seed or certi-
fied seed referred to above was either produced or offidal-
ly certified, if the seed has undergone field inspection satis-
fying the conditions laid down in an equivalence dedsion
made under Article 20 (a) for the relevant category, and if
official examination has shown that the conditions laid
down in Annex II for the same category are satisfied. Oth-
er Member States may also authorize offidal certification
of such seed.
                           Article 20                                                            Article 16
1. The Council, acting by a qualified majority on a pro-        66/401/EEC
posal from the Commission, shall daermine whether
(a) in the case provided for in Artide 19, the field in-
      spections in the third country satisfy the conditions
      laid down in Annex I;
(b) beet seed harvested in a third country and affording
      the same assurances as regards its charaaeristics and     Corrigendum, EngUsh Spedal Edition, p. 16
      the arrangements for its examination, for ensuring its
      identity, for marking and for control is equivalent in
      these respeas to basic seed or certified seed har-
      vested within the Community and complying with the
      provisions of this Directive.
2. Paragraph 1 shall also apply in respea 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 21                                                            Article 17
1. In order to remove any temporary difficulties in the         72/418/EEC - Art 2(4)
general supply of basic seed, certified seed or commerdal
seed that occur in one or more Member States and cannot
be overcome within the Community, one or more Member
States may be authorized, according to the procedure laid
down in Artide 25 (2), to permit, for a specified period,
the marketing of seed of a category subjea to less strin-
gent requirements, or of seed of varieties not included in
the common catalogue or in their national catalogue of va-
rieties.
2.     For a category of seed of any given variety, the offi-   66/401/EEC
dal label shall be that provided for the corresponding cate-
gory; in all other cases it shall be that provided for com-
merdal seed. The label shall always state that the seed in
question is of a category satisfying less stringent require-
ments.
3. Rules for the appUcation of paragraph 1 may be               88/332/EEC - Art 2
adopted in accordance with the procedure laid down in Ar-
ticle 25 (2).
                                          /AQ
 ---pagebreak---                            Article 22                                                        Article 19
 2^ Member States shall make suitable arrangements for        66/401/EEC - 72/418/EEC - Art 2(5)
 fodder plant seed to be offidaUy controUed verified mar-
 keting, at least by sampling, as regards its compUance with
 the requirements of this Directive.
 2. Member States shaU take aU necessary measures to          72/418/EEC - Art 2(6)
 ensure that the foUowing 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 25 (2).
                           Article 23                                                        Artickja
1. Community comparative tests shaU be carried out            71A62/EEC - Art 2(10)
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 fodder plants, taken dur-
ing 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 re-
sults shaU be submitted to the Committee referred to in
Artide 25 (2).
2. These comparative tests shaU be used to harmonize          66/401/EEC
the technical methods of certification so as to obtain re-
sults which are equivalent Annual progress reports shaU
be made on these tests and sent in confidence to the
Member States and to the Commission. The Commission
shaU, in accordance with the procedure laid down in Ar-
ticle 25 (2), set the date for the first report.
3. The Commission, ading in accordance with the proce-
dure laid down in Artide 25 (2), shaU make the necessary
arrangements for the comparative tests to be carried out
Fodder plant harvested in third countries may be induded
in the comparative tests.
                                           >**0
 ---pagebreak---                           Article 24                                                  Article 21a
 Amendments to be made to the content of the Annexes in       73/438/EEC - Art 2(5)
 the Ught of the development of scientific or technical
 knowledge shaU be adopted according to the procedure
 laid down in Artide 25 (2).
                          Article 25                                                   Article 21
 1. The Commission shaU 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 (*).
2. The representative of the Commission shaU submit a
draft of the measures to be taken. The Committee shaU
deliver its opinion on the draft within a time timit which
the chairman may lay down according to the urgency of
the matter. The opinion shaU be deUvered by the majority
laid down in Article 148 (2) of tine Treaty in the case of
dedsions 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 shaU be
weighted in the manner set out in that Artide. The chair-
man shaU not vote.
The Commission shaU adopt measures which shaU apply
immediately. However, if these measures are not in accor-
dance with the opinion of the Committee, they shaU be
communicated by the Commission to the Council forth-
with. In that event, the Commission may defer appUcation
of the measures which it has dedded 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 dedsion within the time limit referred to in the
second subparagraph.
3. The Committee, on request by the chairman or of            66/399/EEC - A r t 2
one of the Member States, may examine any questions re-
levant to the subjea matter of this Directive.
                          Article 26                                                   ArUckJl
This Directive shaU be without prejudice to the provisions    66/401/EEC
of national laws justified on grounds of the protection of
health and life of humans, animals or plants or the protec-
tion of industrial and commerdal property.
                          Article 27                                                  Article 23a
Upon appUcation by a Member State, which wfll be dealt        69/63/EEC - A r t 2(11)
with as provided in Article 25 (2), that State may be whoUy
or partially released from the obUgation to apply this Direc-
tive in respect of certain spedes if seed of those spedes is
not normally reproduced or marketed in its territory.
  0)  OJ No 125,11.7.1966, p. 2289/66.
                                           Afr/1
 ---pagebreak---                        Article 28
1. The Directives Usted in Annex VI Part A, are hereby
repealed without prejudice to the obUgations 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 shaU be
construed as references to this Directive and should be
read in accordance with the correlation table set out in
Annex VII.
                       Article 29
This Directive shaU enter into force the twentieth day fol-
lowing that of its pubUcation in the Official Journal of the
European Communities.
                       Article 30
This Directive is addressed to the Member States.
Done at Brussels,
                                            For the Council,
                                               The President
                                        AJLA
 ---pagebreak---                            ANNEXI                            78/386/EEC - Art 1(1)
   CONDITIONS TO BE SATISFIED BY THE CROP
    The previous cropping of the field shaU not have been
     incompatible with the production of seeds of the spe-
     des and variety of the crop, and the field shaU be
    suffidently free from such plants which are volunteers
    from previous cropping.
2.  The crop shaU conform to the foUowing standards as
    regards distances from neighbouring sources of poUen
    which may result in undesirable foreign poUination:
                      Crop                    Minimum
                                               distance
      Brassica spp., Phacelia tanacetifolia:               8 8 / 3 8 0 / E E C - A r t 2(11)
      —     for the production of basic         400m
            seed
      —     for the produaion of certified      200 m
            seed
      Spedes or varieties other than
      Brassica spp., Phacelia tanacetifoliar               88/380/EEC - A r t 2(11)
      Pisum sativum, varieties of Poa pra-                 79/641/EEC - A r t 1(5) - 85/38/EEC - Art. 1(1)
      tensis referred to in the second part
      of the third sentence of paragraph
      4;
      —     for the production of seed in-      200 m
            tended     for   multipUcation,
           fields up to two hectares
      —     for the production of seed in-      100 m
            tended     for   multipUcation,
            fields over two hectares
      —    for the production of seed in-       100 m
            tended for the production of
            fodder plants, fields up to two
            hectares
      —    for the production of seed in-        50 m
            tended for the production of
            fodder plants, fields over two
            hectares
    These distances can be disregarded if there is suffi-
    dent protection from any undesirable foreign pollina-
    tion.
                                           A%3
 ---pagebreak--- Plants of other spedes, the seeds of which are diffi-     78/386/EEC - A r t 1(1)
cult to distinguish from the crop seeds in a laboratory
test shall be at a low level.
In particular, crops of lolium spedes or X Festulolium    92/19/EEC - A r t 1(3)
shall conform to the following conditions: the number
of plants of a lolium spedes or X Festulolium other       92/19/EEC - A r t 1(3)
than the a o p spedes shall not exceed:
—     one per 50 m 2 for the production of basic seed,
—     one per 10 m 2 for the production of certified
      seed.
The crop shall have suffident varietal identity and va-
rietal purity. In particular, crops other than those of   81/126/EEC - A r t 1(1)
the spedes Pisum sativum. Vicia faba. Brassica napus      82/287/EEC - A r t 1(1)
var. napobrassicar Brassica oleracea convar. acephala.
or of Poa pratensis shall conform to the following        85/38/EEC - A r t 1(2)
standards: the number of plants of the a o p spedes
which are recognizable as obviously not being true to
the variety shall not exceed:
—     one per 30 m 2 for the production of basic seed,
—     one per 10 m 2 for the production of certified
      seed.
In the case of Poa pratensis, the number of plants of     85/38/EEC - A r t 1(3)
the a o p spedes which are recognizable as obviously
not being true to the variety shall not exceed:
—     one per 20 m 2 for the production of basic seed,
—     four per 10 m 2 for the production of certified
      seed;
however, in the case of varieties which are offidally
dassified as 'apomictic uni-donal varieties' under
agreed procedures, a number of plants recognizable as
not being true to the variety, which does not exceed
six per 10 m 2 , may be regarded as satisfying the befo-
rementioned standards for the production of certified
seed. Upon appUcation, a Member State may be au-
thorized, in accordance with the procedure laid down
in Artide 25 (2), to assess the satisfaction of the vari-
etal purity standards in the case of crops of Poa pra-
tensis belonging to such varieties not only on the basis
of the results of the field inspection carried out in
accordance with paragraph 6 of Annex I, where there
is evidence that compUance with the varietal purity
standards set up in Annex II is ensured by appropri-
ate seed testing or other appropriate means.
                                      AclLj
 ---pagebreak---    In the case of the spedes Pisum sativum, Vicia fabaT 81/126/EEC-Art. 1(2) - 82/287/EEC-Art 1(1)
   Brassica napm var. napobrassica, Brassica oleracea
   convar. acephala, only the first sentence is appUcable.
5. Harmful organisms which reduce the usefulness of the    78/386/EEC - Art 1(1)
   seed shall be at the lowest possible level.
6. The satisfaction of the abovementioned standards or
   other conditions shaU be examined in offidal field in-
   spections.
   These field inspections shah be carried out in accor-
   dance with the foUowing conditions:
   A. The condition and the stage of development of
        the crop shaU permit an adequate examination.
   B.   There shall be at least one field inspection.
   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 shaU be determined in accordance with
        appropriate methods.
                                      A&Ç
 ---pagebreak---                          ANNEX II                           78/386/EEC - Art 1(2)
   CONDITIONS TO BE SATISFIED BY THE SEED
                   I. CERTIFIED SEED
1.  The seed shaU have suffident varietal identity and pu-  82/287/EEC - Art 2(1)
    rity.
    In particular, the seeds of the spedes Usted below
    shall conform to the foUowing standards or other
    conditions. The minimum varietal purity shaU be:
    — Poa pratensis. varieties referred to in the second    85/38/EEC - Art 2(1)
          part of the third sentence of paragraph 4 of An-
          Bex_J: 98%
    — Pisum sativum, Vicia faba, Brassica napm var.
          napobrassica, Brassica oleracea conv. acephala:
          — certified seed, 1st generation: 99 %,
          — certified seed, 2nd and subsequent genera-
               tions: 98 %.
    The minimum varietal purity shaU be examined main-
    ly in field inspections carried out in accordance with
    the conditions laid down in Annex I.
    The seed shaU conform to the foUowing standards or      78/386/EEC - Art 1(2)
    other conditions as regards germination, analytical pu-
    rity and content of seeds of other plant spedes, in-
    ducting Lupin seeds of another colour and of bitter
    Lupin seeds:
    A Table:
                                         A&6
 ---pagebreak---                                                                                78/386/EEC - Art 1(2)
                        Germination             Analytical purity
                      Mini-    Maxi-   Mini-   Maximum content of seeds of
                      mum       mum    mum            other plant spedes
                     germi- content   analyti-          (% of weight)
       Species        nation  of hard   cal
                      (%of    seed(%   purity              A single   Agropy-
                       pure   of pure  (%of      Tbtal      species    ron re-
                      seed)    sedd)  weight)                           pens
 GRAMINEAE
Agrostis canina      75(a)              90        2,0         1,0        03    79/641/EEC - Art. 1(6)
Agrostis gigantea    80(a)              90        2,0         1,0        03
Agrostis stolonifera
                     75(a)              90        2,0         1,0        03
Agrostis capillaris  75(a)              90       2,0          1,0       03     87A20/EEC - A r t 2(3)
Alopecumspraten-
sis                  70(a)              75       2,5        1,0 ID       03    89A00/EEC - A r t 1
Arrhenatherum
elatim               75(a)              90       3,0        1.0(f)      03
Bromm catharti-                                                                88/380/EEC - Art 2(14)
cus                  75(a)              97       1,5          1,0       03
                     75(a)              97       1,5          1,0       0,5
Bromm sitchensis
                     70(a)              90       2,0          1,0       03     86A55/EEC - A r t 1(3)
Cynodon dactylon
                                                                               78/386/EEC - A r t 1(2)
Dactylis glomerata   80(a)              90       1,5          1,0       03
Festuca arundina-
cea                  80(a)              95       1,5          1,0       03
Festuca ovina        75(a)              85       2,0          1,0       0,5
Festuca pratensis    80(a)              95       1,5          1,0       03
Festuca rubra        75(a)              90       1,5          1,0       03
 X Festulolium       75(a)              96       1,5          1,0       03     92A9/EEC - Art 1(4)
Lolium multiflo-                                                               78/386/EEC - Art. 1(2)
rum                  75(a)              96       1,5         1,0        03
Lolium perenne       80(a)              96       1,5         1,0        03
Lolium                                                                         87A20/EEC - A r t 2(3)
 y boucheanum        75(a)              96       1,5         1,0        0,5
Phalaris aquatica                                                              86A55/EEC - A r t 1(3)
L.                   75(a)              96       1,5         1,0        03
Phleum bertolonii    80(a)              96       1,5         1,0        03     78/386/EEC - A r t 1(2)
Phleum pratense      80(a)              96       1,5         1,0        03
Poa annua            75(a)              85     2,0 (c)     1.0(c)       03
Poa nemoralis        75(a)              85     2,0 (c)     1.0(c)       03
Poapalmtris          75(a)              85     2.0(c)      1,0 (c)      03
                                                       -A£¥
 ---pagebreak---                                                                                      78/386/EEC - A r t 1(2)
           Analytical purity             Maximum content of seeds of        Condi-
                                         other plant species in a sample   tions as
                                          of the weight specified in co-   regards
 Maximum content of seeds of other plant lumn 4 of Annex HI (total per
         spedes (% by weight)                                              content
                                                    column)                 of Lu-
                                                                 Rumex        pin    80^754/EEC - A r t 1(1)
                                          Avena                             seeds
                                          fatua,                   m       of ano-
                      Rapha-                                      flthei   ther co-
Alopecu-                                 Avena
          Melilotus   nusra-     Sinapis            Cuscuta     than flu-    lour
ruamyo-                                  ludovi-                ffier ace- and of
            spp.      phani-    arvensis  ciana,       spp.
suroides                                                          tosella
                       strum             Avena                              bitter
                                          sterilis              eznuRuz Lupin
                                                                 ritimus    seeds
    8                    10        11       12          13          14        15
   0,3                                       0      0 0)00        2jji)              81/126/EEC - A r t 2
   0,3                                       0      0 0)00        2fn)               81/126/EEC - A r t 2
   0,3                                       0      o(j)00        2f£)               81/126/EEC - A r t 2
   0,3                                       0      0 0)00                           81/126/EEC - A r t 2
   0,3                                       0      0 0)00        5Jn)               87/480/EEC - A r t 1(1)
   0,3                                    0(g)      0 0)00        5Jn}               87/480/EEC - A r t 1(1)
  0,3                                     0(g)      0 0)00       10 (n)
                                                                                     88/380/EEC - A r t 2(14)
  0,3                                     0(g)      0 0)00       10 (n)
  0,3                                        0      0 0)00
                                                                                    |86/155/EEC-Artl(3)
  0,3                                               0 0)00        5Jn}               7 8 / 3 8 6 / E E C - A r t 1(2) - 8 7 / 4 8 0 / E E C - A r t 1(1)
  0,3                                               0 0)00 5J&                       87/480/EEC - A r t 1(1)
  0,3                                               0 0)00 5JJÙ                      87/480/EEC - A r t 1(1)
  0,3                                               0 0)00 Hal                       87/480/EEC - A r t 1(1)
  0,3                                               0 0)00 U n ]                     87/480/EEC - A r t 1(1)
  0,3                                               0 0)00                  5(n)    |92/19/EEC-Artl(4)
  0,3                                               0 0)00        5_In)              7 8 / 3 8 6 / E E C - A r t 1(2) - 8 7 / 4 8 0 / E E C - A r t 1(1)
  0,3                                               0 0)00        5Js}               87/480/EEC - A r t 1(1)
  0,3                                               0 0)00        5Jn)               87/480/EEC - A r t 1(1)
  0,3                                               0 0)00                           8 6 / 1 5 5 / E E C - A r t 1(3) - 87/480/EEC-Art. 1(1)
  0,3                                                 0 00           5               78/386/EEC - A r t 1(2)
  0,3                                                 0(k)           5
  0,3                                               0 0)00        5fjQ               81/126/EEC - A r t 2
  0,3                                               0 0)00        21a)               81/126/EEC - A r t 2
  0,3                                               0 0)00        2£nj               81/126/EEC - A r t 2
                                                           ASLÛ
 ---pagebreak---                                                                                78/386/EEC - Art 1(2)
                        Germination             Analytical purity
                      Mini-    Maxi-   Mini-   Maximum content of seeds of
                      mum       mum    mum           other plant species
                   germina- content   analyti-         (% of weight)
       Species      tion (% of hard     cal
                                                                      Agropy-
                    of pure seed(%     purity             A single     ron re-
                      seed)   of pure  (%of     Total      species
                               sedd)  weight)                           pens
Poa pratensis        75 (a              85     2,0 (C)     1,0 (c)       0,3
Poatriviahs          75 (a              85     2,0 (c)     1,0 (c)       0,3
 Trisetum
flavescens           70 (a              75       3,0       1,0 (f)       0,3
LEGUMINOSAE
Hedysarum
coronarium             75        30     95       2,5         1,0
                      a)(b
Lotm comiculatiis      75        40     95     1,8 (d)     1.0(d)
                      a)(b
Lupinus afbus          80        20     98     03(c)       0,3(e)
                      a)(b
Lupinus
angustifolius          75        20     98     03(c)      0,3 (e)
                      a)(b
Lupinus luteus         80        20     98     03(c)      03(e)
                      a)(b
Medicago lupulina      80        20     97       13          1,0
                      a)(b
Medicago sativa        80        40     97       13          1,0
                      a)(b
Medicago x varia       80        40     97       1,5         1,0               79/641/EEC - Art 1(6)
                      a)(b
Onobrychis                                                                     79/641/EEC - Art 1(6)
YictifoHa              75        20     95       2,5         1,0
                      a)(b
Pisum sativum       80 (a               98       0,5         03                79/641/EEC - Art 1(6)
Trifolium
alexandrinum           80        20     97       1,5         1,0
                      a)(b
Trifolium
hybridum               80        20     97       13          1,0
                      a)(b
Trifolium
incamatum              75        20     97       13          1,0
                      a)(b
Trifolium pratense     80        20     97       1,5         1,0
                      a)(b
Trifolium repens       80        40     97       13          1,0
                      a)(b
Trifolium
resupinatum            80        20     97       13          1,0
                      a)(b
                                                       AYÔ
 ---pagebreak---                                                                                     78/386/EEC - A r t 1(2)
           Analytical purity             Maximum content of seeds of        Condi-
                                         other plant species in a sample   tions as
                                          of the weight specified in co-   regards
 Maximum content of seeds of other plant
                                         lumn 4 of Annex III (total per    content
         species (% by weight)
                                                    column)                 of Lu-
                                                                 Rumex         pin  80/754/EEC - A r t 1(1)
                                          Avena                              seeds
                                          fatua,                  other    of ano-
                      Rapha-                                               ther co-
Alopecu-                                  Avena                 than fltt-
          Melilotus   nusra-     Sinapis            Cuscuta                   lour
rusmyo-                                  ludovi-                mgr acg-
            spp.      phani-    arvensis              spp.                  and of
suroides               strum              ciana,                 (QSellQ
                                          Avena                              bitter
                                                                eand/fo-    Lupin
                                          sterilis              mexma-       seeds
                                                                 ritimus
    8                    10         11      12         13           14         15
   0,3                                       0      0 0)00        2ÙÙ               81A26/EEC - A r t 2
   0,3                                       0      0 0)00        2£n}              81A26/EEC - A r t 2
   0,3                                     0(h)     0 0)00        2{n)              81A26/EEC - A r t 2
             03                              0        0 00           5.             87/480/EEC - A r t 1(1)
             0,3                             0      0(l)(m)         10
             0,3                           0(1)       0 0)        5_in}     (o)(p)  87/480/EEC - A r t 1(1)
             0,3                           0(i)       0 0)        5_l2)     (o)(p)  87/480/EEC - A r t 1(1)
             0,3                           0(i)       0 0)        Un]       (o)(p)  87/480/EEC - A r t 1(1)
             0,3                             0      0(l)(m)         1Q              87/480/EEC - A r t 1(1)
             0,3                             0      0(l)(m)         10              87/480/EEC - A r t 1(1)
             0,3                             0      0(l)(m)         m               87/480/EEC - A r t 1(1)
             0,3                             0        0 0)           1              87/480/EEC - A r t 1(1)
             0,3                             0        0 0)        Un]               87/480/EEC - A r t 1(1)
             0,3                             0      0(l)(m)         IP.             87/480/EEC - A r t 1(1)
             0,3                                    0(l)(m)         10
             0,3                                    0(l)(m)         112             87/480/EEC - A r t 1(1)
             0,3                                    0(l)(m)         112             87/480/EEC - A r t 1(1)
             0,3                                    0(l)(m)
                                                                     10
             0,3                                    0(l)(m)
                                                                     10
                                                            AÏQ
 ---pagebreak---                                                                                  78/386/EEC - Art. 1(2)
                          Germination             Analytical purity
                        Mini-    Maxi-   Mini-   Maximum content of seeds of
                        mum       mum    mum           other plant species
                     germina- content   analyti-         (% of weight)
       Species        tion (% of hard     cal
                                                                        Agropy-
                      of pure seed(%     purity
                                                  Total
                                                            A single     ron re-
                        seed)   of pure  (%of                species
                                 sedd)  weight)                           pens
           1              2         3      4        5           6          7
 Trigonella
foenumgraecum          80(a)              95       1,0         0,5
                         85         5     98       0,5         0,3               79/641/EEC - Art. 1(7)
 Vicia faba           (a)(b)
                         85        20     98     1.0(c)     0,5 (e)
 Vicia pannonica      (a)(b)
                         85        20     98     1.0(c)     0 3 (e)
 Vicia sativa         (a)(b)
                         85        20     98     1,0 (c)    0 3 (e)
 Vicia villosa        (a)(b)
OTHER
 SPECIES
Brassica       napus
var. napobrassica     80(a)               98       1,0         0,5
Brassica oleracea
convar. acephala       75(a)              98       1,0         03
Phacelia                                                                         88/380/EEC - Art. 2(14)
tanacetifolia         80(a)               96       1,0         0,5
Raphanus sativm                                                                  78/386/EEC - Art. 1(2)
var. oleiformis       80(a)               97       1,0         03                87A20/EEC - Art 2(3)
                                                          A^A
 ---pagebreak---                                                                                     78/386/EEC - Art 1(2)
           Analytical purity             Maximum    content  of seeds   of  Condi-
                                         other plant species in a sample tions as
                                          of the weight specified in co- regards
 Maximum content of seeds of other plant lumn 4 of Annex III (total per content
         species (% by weight)                      column)                 of Lu-
                                                                 Rumex        pin   80/754/EEC - A r t 1(1)
                                          Avena                             seeds
                                                                   32£L    of ano-
                                          fatua,                  other
Alopecu- Melilotus Rapha-                Avena
                                 Sinapis ludovi- Cuscuta        than  Ru-
                                                                           ther co-
                      nusra-                                                 lour
rusmyo-                                                         mcxace- and of
            spp.      phani- arvensis ciana,          spp.
suroides                                                         tosella bitter
                       strum             Avena                  eandKw- Lupin
                                          sterilis
                                                                 ritimus seeds
   8          9          10         11      12         13           14        15
             0,3                             0        0 0)           5.             87/480/EEC - A r t 1(1)
             0,3                             0                    lis!              87/480/EEC - A r t 1(1)
                                                      0 0)
             0,3                           0(0                    5!n)              87/480/EEC - A r t 1(1)
                                                      0 0)
             0,3                           0(i)                   5Jn)              87/480/EEC - A r t 1(1)
                                                      0 0)
             0,3                           0(i)                   liai              87/480/EEC - Art 1(1)
                                                      0 0)
                        0,3        03        0      0 0)00          5.              87/480/EEC - Art 1(1)
                        0,3                  0                      10              87/480/EEC - A r t 1(1)
                                                    0 0)00
                                   0,3       0                                      88/380/EEC - A r t 2(14)
                                                    0 0)00
                                                                                    78/386/EEC - A r t 1(2)
                        0,3                  0                      5               87/480/EEC - A r t 1(1)
                                                      0 0)
                                   0,3
                                                           AVZ
 ---pagebreak--- Standards or other conditions applicable where     78/386/EEC - Art 1(2)
reference is made to them in die table under
Section I (2) (A) of this Annex:
(a) All fresh and healthy seeds which do not
      germinate after prc-treatment shall be re-
      garded as seeds which have germinated.
(b) Up to the maximum quantity indicated,
      hard seed present shall be regarded as seed
      capable of germination.
(c) A maximum total of 0,8 % by weight of
      seeds of other Poa species shall not be re-
     garded as an impurity.
(d) A maximum of 1 % by weight of seeds of
      Trifolium pratense shall not be regarded as
      an impurity.
(e) A maximum total of 03 % by weight of
     seeds of Lupinus a/bus, Lupinus angustifo-
     hus, Lupinus lutem, Pisum sativum. Vicia 79/641/EEC - Art 1(8)
     faba f Vicia pannonica, Vicia sativa, Vicia
     villosa in another relevant species shall not
     be regarded as an impurity.
(f) The prescribed maximum percentage by
     weight of seeds of a single species shall not
     apply to seeds of Poa spp.
(g) A maximum total of two seeds of Avena fa-
     tua, Avena tudoviciana, Avena sterilis in a
     sample of the prescribed weight shaU not be
     regarded as an impurity where a second
     sample of the same weight is free from any
     seeds of these species.
(h) The presence of one seed of Avena fatua,
     Avena tudoviciana, Avena sterilis in a sample
     of the prescribed weight shall not be re-
     garded as an impurity where a second sam-
     ple of twice the prescribed weight is free
     from any seeds of these species.
(i) The determination of seeds of Avena fatua,
     Avena tudoviciana, Avena sterilis by number
     need not be carried out unless there is
     doubt whether the conditions laid down in
     column 12 have been satisfied.
(j) The determination of seeds of Cmcuta spp.
     by number need not be carried out unless
      there is doubt whether the conditions laid
     down in column 13 have been satisfied.
(k) The presence of one seed of Cuscuta spp. 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 Cuscuta spp.
0)   The weight of the sample for the determina-
      tion of seeds of Cuscuta spp. by number
      shall be twice the weight specified in col-
     umn 4 of Annex HI for the relevant species.
                                A^
 ---pagebreak---            (m) The presence of one seed of Cmcuta spp. in    78/386/EEC - Art 1(2)
                a sample of the prescribed weight shall not
                be regarded as an impurity where a second
                sample of twice the prescribed weight is
                free from any seeds of Cuscuta spp.
           (n) The determination of seeds of Rumex spp.      80/754/EEC - Art 1(2)
                other than Rumex acetosella and Rumex ma-
                ritimm by number need not be carried out
                unless there is doubt whether the conditions
                laid down in column 14 have been satisfied.
           (o) The percentage by number of Lupin seeds       78/386/EEC - A r t 1(2)
                of another colour shall not exceed:
                —    in bitter Lupin,                   2%
                —    in Lupins other than bitter Lupin, 1 %
           (p) The percentage by number of bitter Lupin
                seeds in varieties other than bitter Lupin
                shall not exceed 2.5 %.                      87A20/EEC - A r t 2(4)
3.   Harmful organisms which reduce the usefulness of the
     seed shall be at the lowest possible level.
                      IL BASIC SEED
Subject to the provisions below, the conditions laid down
in Section I of this Annex shall apply to basic seed:
1.   The seed of Pisum sativum, Brassica napus var. napo-    82/287/EEC - A r t 2(2)
     brassica, Brassica oleracea conv. acephala, Vicia faba
     and of varieties of Poa pratensis referred to in the    85/38/EEC - A r t 2(2)
     second part of the third sentence of paragraph 4 of
     Armer I shall conform to the following standards or
     other conditions: the minimum varietal purity shall be
     99,7 %.
     The minimum varietal purity shall be examined main-
     ly in field inspections carried out in accordance with
     the conditions laid down in Annex I.
     The seed shall satisfy the following standards or other 78/386/EEC - A r t 1(2)
     conditions:
     A.   Table:
                                           •43
 ---pagebreak---                                 Maximum content of seed of other plant species                        78/386/EEC - Art. 1(2)
                                 Content by number in a sample of the weight specified in
                                         column 4 of Annex LTJ (total per column)
                                               Rumex                                        Other     80/754/EEC - Art. 1(3)
                        Total                   Slip-                                     standards
               Species                       other than
                        (%by                                        Alopecurus            or condi-
                        weight)  A single      Rumex    Agropyron               Melilotus    tions
                                                                     myosuroi-
                                  species    acetosella   repens                  spp.
                                                                        des
                                                and
                                               Rumex
                                             mariiimus
                   1       2         3           4           5           6          7          8
  GRAMINEAE
  Agrostis canina         0,3       20            l          1           1                     0)     79/641/EEC - Art. 1(6)
  Agrostis gigantea       0,3       20            l          1           1                     0)
  Agrostis stolonifera    0,3       20            1          1           1                     0)
  Agrostis capillaris     0,3       20            1          1           1                     0)     87/120/EEC - Art. 2(5)
  Alopecurus pratensis    0,3       20 (a)       2           5           5                     0)     87/480/EEC - Art. 1(2)
  Arrhenatherum elatius   0,3       20(a)        I           5           5                  0)0)      87/480/EEC - Art. 1(2)
  Bromus catharticus      0,4       20            5          5           5                     0)     88/380/EEC - Art. 2(15)
i Bromus sitchensis       0,4       20            5          5           5                     0)
*
  Cynodon dactylon        0,3       20 (a)        1          1           1                     0)   | 86/155/EEC - Art. 1(4)
  Dactylis glomerata      0,3       20(a)        I           5           5                     0)     78/386/EEC - Art. 1(2) - 87/480/EEC - Art. 1(2)
  Festuca arundinacea     0,3       20 (a)       I           5           5                     0)     87/480/EEC - Art. 1(2)
  Festuca ovina           0,3       20(a)        I           5           5                     0)     87/480/EEC - Art. 1(2)
  Festuca pratensis       0,3       20 (a)       I           5           5                     0)     87/480/EEC - Art. 1(2)
  Festuca rubra           0,3       20 (a)       I           5           5                     0)     87/480/EEC - Art. 1(2)
   X Festulolium          0,3       20(a)         2          5           5                     0)   | 92/19/EEC - Art. 1(5)
  Lolium multiflorum      0,3       20(a)        I           5           5                     0)     78/386/EEC - Art. 1(2) - 87/480/EEC - Art. 1(2)
  Lolium perenne          0,3       20(a)        I           5           5                     0)     87/480/EEC - Art. 1(2)
  Lolium x boucheanum     0,3       20(a)        I           5           5                     0)     87/120/EEC - Art. 2(5) - 87/480/EEC - Art. 1(2)
 ---pagebreak---                                  Maximum content of seed of other plant species                      78/386/EEC - Art. 1(2)
                                  Content by number in a sample of the weight specified in
                                          column 4 of Annex HI (total per column)
                                                Rumex                                        Other   80/754/EEC - A r t 1(3)
                          Total                  spp*                                      standards
                Species                       other than
                         (%by                                       Alopecurus             or condi-
                         weight)  A single      Rumex    Agropyron              Melilotm      tions
                                                                     myosuroi-
                                   species    acetosella repens         des        spp.
                                                 and
                                                Rumex
                                              maritimm
  Phalaris aquatica L.     0,3       20                                                         0)   86/155/EEC - Art. 1(4) - 87/480/EEC - Art. 1(2)
  Phleum bertolonii        0,3       20                                                         0)   78/386/EEC - Art. 1(2)
  Phleum pratense          0,3       20                                                         0)
  Poa annua                0,3       20(b)                                                   (f)0)
  Poa nemoralis            0,3       20(b)                                                   (f)0)
  Poa palustris            0,3       20 (b)                                                  (f)0)
  Poa pratensis            0,3       20(b)                                                   00 0)
  Poa trivialis            0,3     20(b)                                                     (f)0)
•
  Trisetum flavescens      0,3      20(c)                                                    0)0)
  LEGUMINOSAE
  Hedysarum coronarium     0,3       20                                             0(e)        0)   87/480/EEC - Art.  1(2)
  Lotus comiculatus        0,3       20                                           0(e        (g)0)   87/480/EEC - Art.  1(2)
  Lupinus albus            0,3       20                                           0(d       (h) (k)  87/480/EEC - Art.  1(2)
  Lupinm angustifolim      0,3       20                                           0(d       (h) (k)  87/480/EEC - Art.  1(2)
  Lupinm lutem             0,3       20                                           0(d       (h) (k)  87/480/EEC - Art.  1(2)
  Medicago lupulina        0,3       20                                           0 (e          0)
  Medicago sativa          0,3       20                                           0 (e         0)    87/480/EEC - Art.  1(2)
  Medicago x varia         0,3       20                                           0 (e         0)    79/641/EEC - Art.  1(6) - 87/480/EEC - Art. 1(2)
  Qnobrychis viciifolia    0,3       20                                           0(d                79/641/EEC - Art.  1(6) - 87/480/EEC - Art. 1(2)
  Pisum sativum            0,3       20                                           0(d                79/641/EEC - Art.  1(6) - 87/480/EEC - Art. 1(2)
  Trifolium alexandrinum   0,3       20                                           0 (e         0)    87/480/EEC - Art.  1(2)
  Trifolium hybridum       0,3       20                                           0(e          0)    87/480/EEC - Art.  1(2)
  Trifolium incarnatum     0,3       20                                           0(e          0)    87/480/EEC - Art. 1(2)
  Trifolium pratense       0,3       20                                           0(e          0)
  Trifolium repens         0,3       20                                           0(e          0)
 ---pagebreak---                                           Maximum content of seed of other plant species                       78/386/EEC - Art. 1(2)
                                           Content by number in a sample of the weight specified in
                                                   column 4 of Annex III (total per column)
                                                         Rumex                                        Other    80/754/EEC - Art. 1(3)
                                   Total                  SPJL                                      standards
                Species                                other than                                   or condi-
                                  (%by                                        Alopecurus
                                  weight)  A single      Rumex    Agropyron    myosuroi-  Melilotus    tions
                                            species    acetosella   repens        des       spp.
                                                          and
                                                         Rumex
                                                       maritimus
                   1                 2         3           4          5            6          7          8
  Trifolium resupinatum             0,3       20           2                                0(e)         0)    87/480/EEC - Art. 1(2)
  Trigonella foenumgraecum          0,3       20           I                                0(d)               87/480/EEC - Art. 1(2)
  Vicia faba                        0,3       20           1                                0(d)               79/641/EEC - Art. 1(7) - 87/480/EEC - Art. 1(2)
  Vicia pannonica                   0,3       20           1                                0(d)        (h)    87/480/EEC - Art. 1(2)
  Vicia sativa                      0,3       20           I                                0(d)        (h)    87/480/EEC - Art. 1(2)
  Vicia villosa                     0,3       20           I                                0(d)        (h)    87/480/EEC - Art. 1(2)
  OTHER SPECIES
  Brassica napus var. napobrassi-
  ca                                0,3       20           I                                             0)    87/480/EEC - Art. 1(2)
1 Brassica oleracea convar
  acephala                          0,3       20           I                                             0)    87/480/EEC - Art. 1(2)
  Phacelia tanacetifolia
                                    0,3
                                              20
                                                                                                              188/380/EEC - Art. 2(15)
                                    0,3                    I                                                   78/386/EEC - Art. 1(2) - 87/120/EEC - Art. 2(5)
  Raphanm sativm yar. okiformis               20                                                               87/480/EEC - Art. 1(2)
 ---pagebreak---      B.   Standard or odier conditions applicable where     78/386/EEC - Art 1(2)
          reference is made to them in the table under
          Section II (2) (A) of this Annex:
          (a) A maximum total of 80 seeds of Poa spp.
               shall not be regarded as an impurity.
          (b) The condition laid down in column 3 is not
               applicable to the seeds of Poa spp. The
               maximum total content of seeds of Poa spp.
               other than the species to be examined shall
               not exceed one in a sample of 500 seeds.
          (c) A maximum total of 20 seeds of Poa spp.
               shall not be regarded as an impurity.
          (d) The determination of seeds of Melilotm spp.
               by number need not be carried out unless
               there is doubt whether the conditions laid
               down in column 7 have been satisfied.
          (e) The presence of one seed of Melilotm spp.
               in a sample of the prescribed weight shall
               not be regarded as an impurity where a se-
               cond sample of twice the prescribed weight
               is free from airy seeds of Melilotus spp.
          (f) The condition (c) laid down in Section I (2)
               of this Annex is not applicable.
          (g) The condition (d) laid down in Section I (2)
               of this Annex is not applicable.
          (h) The condition (e) laid down in Section I (2)
               of this Annex is not applicable.
          (i) The condition (f) laid down in Section I (2)
               of this Annex is not applicable.
          0)   The conditions (k) and (m) laid down in
               Section I (2) of this Annex are not applica-
               ble.
          (k) The percentage by number of bitter Lupin
               seeds in varieties other than bitter Lupin
               shall not exceed 1 %.
                EL COMMERCIAL SEED
Subject to the provisions below, the conditions laid down
in Section I (2) and (3) of this Annex shall apply to com-
mercial seed:
1.   The percentages by weight laid down in columns 5
     and 6 of the table under Section I (2) (A) of this
     Annex are increased by 1 %.
                                          >!*?
 ---pagebreak--- 2.  In Poa annua a maximum total of 10 % by weight of       78/386/EEC - Art 1(2)
    seeds of other Poa species shall not be regarded as an
    impurity.
3.  In Poa spp. other than Poa annua a maximum total of
   3 % by weight of seeds of other Poa species shall not
   be regarded as an impurity.
4.  In Hedisarum coronarium a maximum total of 1 % by
   weight of seeds of Melilotm spp. shall not be regarded
   as an impurity.
5. The condition (d) laid down in Section I (2) of this
   Annex for Lotm comiculatus is not applicable.
6. In Lupin species:
   (a) the minimum analytical purity shall be 97% by
        weigh'
   (b) the percwtage by number of Lupin seeds of
        another colour shall not exceed:
        — in bitter Lupin,                       4%
        — in Lupii-s other than bitter Lupin, 2 %
7. In Vicia spp. a maTîmiim total of 6% by weight of
   seeds of Vicia pannonica, Vicia villiosa or related cul-
   tivated species in another relevant species shall be not
   regarded as an impurity.
8. In Vicia pannonica, Vicia sativa, Vicia villosa the mini-
   mum analytical purity shall be 97% by the weight
                                      ^3<3
 ---pagebreak---                                 ANNEX m                              78/386/EEC - Art. 1(3)
                      LOT AND SAMPLE WEIGHTS
                                                       Weight of the
                                                      sample for the
                                                        determina-
                                                          tions by
                                                      number provi-
                                          Minimum        ded for in
                                         weight of a  columns 12 to
                           Maximum      sample to be
              Species   weight of a lot  drawn from         14 of
                           (tonnes)          a lot     Annex II (I)
                                                        (2) (A) and
                                           (grams)     columns 3 to
                                                            7of
                                                       Annex II (II)
                                                          (2) (A)
                                                          (grams)
GRAMINEAE
Agrostis caning               10              50               5     79/641/EEC - Art. 1(6)
Agrostis gigantea             10              50               5
Agrostis stolonifera          10              50               5
Agrostis capiUaris            10              50               5     87/120/EEC - A r t 2(7)
Alopecurus pratensis          10             100             30
Arrhenatherum elatius         10             200             80
Bromus catharticus            10             200            200      88/380/EEC - A r t 2(16)
Bromm sitchensis              10             200            200
Cynodon dactylon              10              50                     86/155/EEC - A r t 1(5)
Dactylis glomerata            10             100             30      78/386/EEC - Art. 1(3)
Festuca arundinacea           10             100             50
Festuca ovina                  10            100             30
Festuca pratensis              10            100              50
Festuca rubra                  10            100             30
 x Festulolium                 10            200              60     92/19/EEC - A r t 1(6)
Lolium multiflorum             10            200              60     78/386/EEC - Art. 1(3)
Lolium perenne                 10            200              60
Lolium x boucheanum            10            200              60     87/120/EEC - Art 2(7)
Phalaris aquatica L            10            100              50     86/155/EEC - Art. 1(5)
Phleum bertolonii              10             50              10     78/386/EEC - Art 1(3)
Phleum pratense                10             50              10
Poa annua                      10             50              10
Poa nemoralis                  10             50               5
Poa palmtris                   10             50               5
Poa pratensis                  10              50              5
Poa trivialis                  10              50              5
Trisetum flavescens            10              50              5
                                                   sfÇo
 ---pagebreak---                                                                                J  78/386/EEC - A r t 1(3)
                                                                 Weight of the
                                                                sample for the
                                                                   determina-
                                                                     tions by
                                                    Minimum     number provi-
                                                   weight of a     ded for in
                                     Maximum      sample to be  columns 12 to
               Species            weight of a lot                      14 of
                                     (tonnes)      drawn from
                                                       a lot     Annex II (I)
                                                                  (2) (A) and
                                                     (grams)     columns 3 to
                                                                       7of
                                                                Annex II (II)
                                                                     (2) (A)
                                                                    (grams)
 LEGUMINOSAE
 Hedysarum coronarium:
 — fruit                                10           1000              300
 — seed                                 10             400             120
 Lotus comiculatus                      10             200              30
 Lupinus ahbus                          20           1000           1000
 Lupinus angustifokus                   20           1000           1000
Lupinus luteus                          20           1000           1000
Medicago lupulina                       10            300               50
Medicago sativa                         10            300               50
 Medicago x varia                       10            300               50       79/641/EEC - A r t 1(6)
 Onobrvchis viciifolia:                                                          79/641/EEC - A r t 1(6)
— fruit                                 10            600              600
— seed                                  10            400              400
Pisum sativum                           20          1000            1000         79/641/EEC - Art. 1(6)
 Trifolium alexandrinum                 10            400               60
 Trifolium hybridum                     10            200               20
 Trifolium incarnatum                   10            500               80
 Trifolium pratense                     10            300               50
 Trifohum repens                        10            200               20
 Trifolium resupinatum                  10            200               20
 Trigonella foenumgraecum               10            500             450
 Vicia faba                             20          1000            1000         79/641/EEC - A r t 1(7)
Vicia pannonica                         20          1000            1000
Vicia sativa                            20          1000            1000
 Vicia villosa                          20          1000            1000
OTHER SPECIES
Brassica napus var. napobrassi-
ca                                      10            200             100
Brassica oleracea convar. ace-
phala                                   10            200             100
Phacelia tanacetifolia                  10            300               40       88/380/EEC - A r t 2(16)
Raphanm      sativm var. oleifor-       10            300             300        78/386/EEC-Art 1(3) - 87/120/EEC-Art. 2(7)
mis
The maximum lot weight shall not be exceeded by more than 5 %.                   87/120/EEC - A r t 2(8)
                                                           /HjA
 ---pagebreak---                       ANNEX IV                               75/444/EEC- Art 2(11)
                       MARKING
A. Official label
   I.   Information required
        (a) For basic seed and certified seed:
              1.  'EEC rules and standards',
              2.  Certification authority and Member
                  State or their initials,
              3.  Reference number of lot,
              4.  Month and year of sealing expressed        78/692/EEC - Art 2(5)
                  thus: 'sealed ...' (month and year),
                  or
                  month and year of the last official sam-
                  pling for the purposes of certification
                  expressed thus: 'sampled ...' (month
                  and year),
                  Species, indicated at least under its bo- 75/444/EEC-Art 2(ll)-88/380/EEC-Art 2(17)
                  tanical name, which may be given in
                  abridged form and without the authori-
                  ties' names, in roman chai-arters,
              6.  Variety indicated at least in roman        88/380/EEC - Art 2(19)
                  characters,
              7.  Category,
              8.  Country of production,
              9.  Declared net or gross weight or de-
                  clared number of pure seeds,
              10. Where weight is indicated and granu-
                  lated pesticides, pelleting substances or
                  other solid additives are used, the na-
                  ture of the additive and also the
                  approximate ratio between the weight
                  of pure seeds and the total weight,
              11. For certified seed of the second gen-
                  eration and subsequent generations af-
                  ter basic seed: number of generations
                  after basic seed,
              11 For seed of grass varieties which have
                  not been subjected to tests for their
                  CTopping value and use in accordance
                  with Article 4 (2) (a) of Directive
                  95/.. TEC concerning the common cat-       [70/457/EEC]
                  alogue: 'Not intended for the produc-
                  tion of fodder plants',
                                         Jlft
 ---pagebreak---                13. Where at least germination has been          78/55/EEC - Art 2(5)
                    retested. the words 'retested . . .
                    (month and year)' and the service re-
                   sponsible for such retesting may be in-
                   dicated. Such information may be given
                   on an official sticker attached to the
                   official label.
              In accordance with the procedure laid down        88/380/EEC - Art 2(18)
              in Article 25 (2), Member States may be re-
              leased from the requirement to indicate the
              botanical name in respea of individual spe-
              cies and, where appropriate, for limited pe-
              riods where it has been established that the
              disadvantages of its implementation out-
              weigh the advantages expeaed for the mar-
              keting of seed.
        (b) For commercial seed:                                75/444/EEC-Art 2(11)
              1.   'EEC rules and standards',
              2.   'Commercial seed (not certified as to
                   variety)',
              3.   Supervising authority and Member
                   State or their initials,
              4.   Reference number of lot
                   Month and year of sealing expressed          78/692/EEC - Art 2(6)
                   thus: 'sealed ...' (month and year),
                   or
                   month and year of the last official sam-
                   pling for the purposes of certification
                   expressed thus: 'sampled . . . ' (month
                   and year),
              6.   Species C1) indicated at least under its    75/444/EEC-Art 2(ll)-88/380/EEC-Art 2(20)
                   hntaniral name, which may be given in
                   abridged form and without the authori-
                   ties' names, in roman charaaers.
              7.   Area of production,
              8.   Declared net or gross weight or de-
                   clared number of pure seeds,
0) For lupins, h should be specified whether they are biner or
   sweet lupins.
                                          ^
 ---pagebreak---       9.   Where weight is indicated and granu-      75/444/EEC- Art 2(11)
           lated pesticides, pelleting substances or
           other solid additives are used, the na-
           ture of the additive and also the
           approximate ratio between the weight
          of pure seed and the total weight
      10. Where at least germination has been        78/55/EEC - Art 2(6)
          retested, the words 'retested . . .
          (month and year)'; and the service re-
          sponsible for such retesting may be in-
          dicated. Such information may be given
          on an official sticker attached to the
          official label.
In accordance with the procedure laid down in        88/380/EEC - Art 2(21)
Article 25 (2), Member States may be released
from the requirement to indicate the botanical
name in respea 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.
(c) For mixtures of seed:                            75/444/EEC-Art 2(11)
     1.   'Mixture of seed for . . . ' (intended
          use),
     2.   Authority responsible for sealing and
          Member State or their initials,
     3.   Reference number of lot,
     4.   Month and year of sealing expressed        78/692/EEC - Art 2(7)
          thus: 'sealed ...' (month and year),
     5.   Percentage by weight of the various        75/444/EEC-Art 2(11)
          components shown by species and,
          where appropriate, by variety bfithjrjt    88/380/EEC - Art 2(22)
          cheated at least in roman charaaers: it
          is sufficient to give the name of the
          mixture if the percentage by weight has
          been notified in writing to the purchas-
          er and officially recorded,
     6.   Declared net or gross weight or de-
          clared number of pure seeds,
     7.   Where weight is indicated and granu-
          lated pesticides, pelleting substances or
          other solid additives are used, the na-
          ture of the additive and also the
          approximate ratio between the weight
          of pure seed and the total weight,
                                SlC,Cf
 ---pagebreak---                     Where at least germination of all the     78/55/EEC - A r t 2(7)
                    components of the mixture has been
                    retested, the words 'retested . . .
                    (month and year)' and the service re-
                    sponsible for such re te sting may be in-
                    dicated. Such information may be given
                    on an official sticker attached to the
                    official label.
    EL Minimum dimensions                                     75/444/EEC-Art 2(11)
         110 x 67 mm.
]3. Supplier's label or information on the packaging
    (small EEC package)
    Information required
    (a) Certified seed:
         1.   'Small EEC B package',
         2.   Name and address of the supplier responsi-
              ble for marking or his identification mark,
         3.   Officially assigned serial number,
         4.   Service which assigned the serial number
              and name of Member State or their initials,
         5.   Reference number if the official serial num-
              ber does not enable the certified seed lot to
              be identified,
         6.   Species, indicated at least in roman charac-    88/380/EEC - A r t 2(24)
              ters.
         7.   Variety, indicated at least in roman charac-    88/380/EEC - A r t 2(25)
              tejs,
         8.   'Certified seed',
         9.   Net or gross weight or number of pure
              seeds,
         10. Where weight is indicated and granulated
              pesticides, pelleting substances, or other sol-
              id additives are used, the nature of the ad-
              ditive and also the approximate ratio be-
              tween the weight of pure seed and the total
              weight
         11. For seed of grass varieties which have not
              been subjected to tests for their cropping
              value and use in accordance with Article 4
              (2) (a) Directive 95/.. ./EC concerning the     [70/457/EEC]
              common catalogue: 'not intended for the
              production of fodder plants'.
                                         •AtiÇ
 ---pagebreak---     (b) Commercial seed:                                          75/444/EEC-Art 2(11)
          1.    'Small EEC B package',
          2.    Name and address of the supplier responsi-
                ble for marking or his identification mark,
         3.     Officially assigned serial number,
         4.     Service which assigned the serial number
                and name of Member State or their initials,
         5.     Reference number if the official serial num-
                ber does not enable the admitted seed lot
                to be identified,
         6.     Species (*), indicated at least in roman char-    88/380/EEC - Art 2(26)
                acters.
         7.     'Commercial seed',
         8.     Net weight or gross weight or number of
                pure seeds,
         9.     Where weight is indicated and granulated
                pesticides, pelleting substances, or other sol-
                id additives are used, the nature of the ad
                ditive and also the approximate ratio be-
                tween the weight of pure seeds and the
                total weight
    (c) Seed mixtures:
         1.     'Small EEC A package' or 'small EEC B
                package',
         2.     Name and address of the supplier responsi-
                ble for marking or his identification mark,
         3.     Small EEC B package: officially assigned se-
                rial number,
         4.     Small EEC B package: service which as-
                signed the serial number and name of
                Member State or their initials,
         5.     Small EEC B package: reference number if
                the official serial number does not enable
                the used seed lots to be identified,
         6.     Small EEC A package: reference number
                enabling the used seed lots to be identified,
         7.     Small EEC A package: Member State or its
                initials,
         8.     'Seed-mixturë for . . . (intended use)',
         9.     Net weight or gross weight or number of
                pure seeds,
t1) For lupins, it should be specified whether they are bitter or
     sweet lupins.
                                            ALf6
 ---pagebreak--- 10. Where weight is indicated and granulated         75/444/EEC - Art 2(11)
     pesticides, peileting substances, or ether sol-
    id additives are used, the nature of the ad-
    ditives and also the approximate ratio be-
    tween the weight of pure seed and the total
    weight
11. Percentage by weight of the various compo-
    nents shown by species and, where ap-
    propriate, by variety both indicated at least    88/380/EEC - Art. 2(27)
    in roman charaaers: it is sufficient to give
    part of this information, as Member States
    may prescribe for small packages produced
    in their territory, and a reference to the
    kind of mixture if the proportion by weight
    can be communicated to the purchaser on
    request and has been offidally recorded.
                               ACfY
 ---pagebreak---                                                                                  66/401/EEC - IV
                                                                                      8. 11. 1995
                          ANNEXV                              88/380/EEC - Art 2(28)
   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 inspeaion and
           Member States 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 charac-
           ters,
     —     variety, indicated at least in roman charaaers,
     —     category,
     — field or lot reference number,
     —     declared net or gross weight,
     —     the words 'seed not finally certified'.
     In accordance with the procedure laid down in Article
     25 (2), Member States may be released from the re-
     quirement to indicate the botanical name in respea
     of individual species and, where appropriate, for lim-
     ited periods where it has been established that the
     disadvantages of its implementation outweigh the ad-
     vantages expeaed 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 charac-
           ters,
     —    variety, indicated at least in roman charaaers,
     —     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,
     —     area cultivated for the production of the lot cov-
           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,
                                            Aqg
 ---pagebreak--- attestation that the conditions to be satisfied by 88/380/EEC - Art 2(28)
the crop from which the seed comes have been
fulfilled,
where appropriate, results of a r^elirninary seed
analysis.
                                ^
 ---pagebreak---                                      ANNEX VI
                                       Part A
                                 Repealed Directives
                              (referred to by Article 28)
Directive 66/401/EEC
and its successive amendments
Directive 69/63/EEC
Directive 71/162/EEC                   only Artide 2
Directive 72/274/EEC                   only concerning references made to Artides 1 and 2
                                       on the provisions of Directive 66/401/EEC
Directive 72/418/EEC                   only Artide 2
Directive 73/438/EEC                   only Artide 2
Directive 75/444/EEC                   only Artide 2
Direaive 78/55/EEC                     only Artide 2
Directive 78/386/EEC
Directive 78/692/EEC                   only Artide  2
Direaive 78/1020/EEC                   only Artide  1
Directive 79/641/EEC                   only Artide  1
Directive 79/692/EEC                   only Artide  1
Directive 80/754/EEC
Directive 81/126/EEC                   only Artide  1
Directive 82/287/EEC                   only Artide  2
Directive 85/38/EEC                    only Artide  1
Direaive 86/155/EEC                    only Artide  1
Directive 87/120/EEC                   only Artide  2
Directive 87/480/EEC                   only Artide  1
Directive 88/332/EEC                   only Artide  2
Directive 88/380/EEC                   only Artide  2
Directive 89/100/EEC
Directive 90/654/EEC                   only concerning references made to Artide 2 and to
                                       Annex II (I) (2) (a) on the provisions of Directive
                                       66/401/EEC
Directive 92/19/EEC
                                       ACQ
 ---pagebreak---                                                                PartB
                                          Deadlines for transposition into national law
                                                    (referred to by Artide 28)
                             Directive                                                Deadline for transposition
66/401/EEC (OJ No 125, 11. 7. 1966, p. 2298/66)                       1 Jury 1968 (Artide 14 (1))
                                                                      1 July 1969 (other provisions) W (2> (3)
69/63/EEC (OJ No L 48, 26. 2. 1969, p. 8)                             1 Jury 1969 <*)
71/162/EEC (OJ No L 87, 17. 4. 1971, p. 24)                           1 July 1970 (Artide 2 (9))
                                                                      1 July 1972 (Artide 2 (7) and (17))
                                                                      1 July 1971 (other provisions) (*)
72/274/EEC (OJ No L 171, 29. 7. 1992, p. 37)                          1 Jury 1972 (Artide 1)
                                                                      1 January 1973 (Artide 2)
72/418/EEC (OJ No L 287, 26. 12. 1972, p. 22)                         1 Jury 1973
73/438/EEC (OJ No L 356, 27. 12. 1973, p. 79)                         1 July 1973 (Artide 2 (4))
                                                                      1 January 1974 (Artide 2 (3) and (5))
                                                                      1 July 1974 (other provisions)
75/444/EEC (OJ No L 196, 26. 7. 1975, p. 6)                           1 Jury 1975 (Artide 2 (10))
                                                                      1 Jury 1980 (Artide 2 (6)) (4)
                                                                      1 July 1977 (other provisions)
78/55/EEC (OJ No L 16, 20. 1. 1978, p. 23)                            1 Jury 1979
78/386/EEC (OJ No L 113, 25. 4. 1978, p. 1)                           I January 1981 (Artide 1 W <5) and (2) <6))
                                                                      1 Jury 1980 (other provisions)
78/692/EEC (OJ No L 236, 26. 8. 1978, p. 13)                          1 Jury 1977
78/1020/EEC (OJ No L 350, 14. 12. 1978, p. 27)                        1 Jury 1977
79/641/EEC (OJ No 1 183, 19. 7. 1979, p. 13)                          1 Jury 1980
79/692/EEC (OJ No L 205, 13. 8.1979, p. 1)                            1 January 1980
80/754/EEC (OJ No L 207, 9. 8. 1980, p. 36)                           1 July 1980
81/126/EEC (OJ No L 67, 12. 3. 1981, p. 36)                           1 January 1981
82/287/EEC (OJ No L 131, 13. 5. 1982, p. 24)                          1 January 1984 (Artide 2)
                                                                      1 January 1983 (other provisions)
85/38/EEC (OJ No L 16, 19. 1. 1985, p. 41)                            1 January 1986
86/155/EEC (OJ No L 118, 7. 5. 1986, p. 23)                           1 March 1986 (Artide 1 (2))
                                                                      1 Jury 1987 (other provisions)
87/120/EEC (OJ      No  L 49, 18. 11 1987, p. 39)                     1 June 1988
87/480/EEC (OJ      No  L 273, 26. 9. 1987, p. 45)                    1 Jury 1990
88/332/EEC (OJ      No  L 151, 17. 6. 1988, p. 82)
88/380/EEC (OJ      No  1 187, 16. 7. 1988, p. 31)                    1 Jury 1992 (Artide 2 (8), (17), (20), (28); (7) and
                                                                      Artide 2 (10))
                                                                      1 Jury 1990 (other provisions)
89/100/EEC (OJ No L 38, 10. 2. 1989, p. 38)
90/654/EEC (OJ No L 353, 17. 12. 1990, p. 48)                         1 January 1990
92/19/EEC ( OJ No L 104, 22. 4. 1992, p. 61)
                                                                      30 June 1992
( *) For Denmark, Ireland and the United Kingdom, 1 Jury 1973 for Artide 14 (1), 1 July 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 fodder plant seed
     for the spedes Lolium mukiflorum Lam, loUumperenne L, and Vicia sativa L, and 1 January 1991 for other spedes.
                                                               SL-Ç1
 ---pagebreak--- (3) 1 January 1995 for Austria, Finland and Sweden.
     However:
    -    Finland shall be allowed to maintain until 31 December 1996 at the latest its national scheme of seed production relating to the
         marketing in its territory of seed of the category 'commercial seed' ('Kauppasiemen'/'handelsutsâde') as denned in the existing
         Finnish legislation.
         Seed shaU not be introduced into the territoiy 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 shaU apply from accession those provisions of the Directive which ensure access for material complying with the Direc-
         tive to marketing in its territory.
(4)  Omcernmg Artide 11 (l)(b).
(s)  Concerning Annex I (3) and (4).
(6) Concerning Annex n, Section 1 (1) and Section 2(1).
C7) In so far as these provisions require the botanical name of a species to be indicated on the label of seed.
                                                                    AS°L
 ---pagebreak---                          ANNEX VII
                     CORRELATION TABLE
Directive 66/401/EEC          This Directive
Artide 1                      Artide 1,1st subparagraph
Artide 18                     Article 1, 2nd subparagraph
Artide 2 (1)                  Artide 2 (1)
Artide 2 (la)                 Artide 2 (2)
Artide 2 (lb)                 Article 2 (3)
Artide 2 (lc)                 Artide 2 (4)
Artide 2 (Id)                 Artide 2 (5)
Artide 2 (2)                  Artide 2 (6)
Artide 3                      Artide 3
Artide 4                      Artide 4
Artide 5                      Artide 5
Artide 6                      Artide 6
Artide 7                      Artide 7
Article 8                     Article 8
Artide 9                      Artide 9
Artide 10                     Artide 10
Artide 10a                    Artide 11
Artide 10b                    Artide 12
Artide 10c                    Artide 13
Article 11                    Artide 14
Artide 12                     Artide 15
Article 13                    Artide 16
Article 13a                   Artide 17
Artide 14 (1)                 Artide 18 (1)
Artide 14 (la)                Artide 18 (2)
Article 14 (2)                Artide 18 (3)
Article 14 (3)                Article 18 (4)
Article 15                    Artide 19
Artide 16                     Article 20 (1)
                              Artide 20 (2)
Article 17                    Artide 21
Artide 19                     Artide 22
Artide 20                     Article 23
Artide 21a                    Artide 24
Artide 21                     Artide 25
Artide 22                     Article 26
Artide 23a                    Artide 27
                              Artide 28
                              Artide 29
                              Article 30
                           AS~*>
 ---pagebreak--- ANNEX I                       ANNEX I
ANNEX II                      ANNEX II
ANNEX in                      ANNEX m
ANNEX IV, Part A (I) (a)(1)   ANNEX IV.PartA (0(a)(1)
ANNEX IV, Part A 0)(a)(2)     ANNEX IV, Part A (I) (a) (2)
ANNEX IV, Part A 0) (a) (3)   ANNEX IV, Part A (0(a)(3)
ANNEX IV.PartA 0) (a) (3a)    ANNEX IV.PartA (0(a)(4)
ANNEX IV, Part A 0) (a) (4)   ANNEX IV.PartA (0(a)(5)
ANNEX IV, Part A 00(a)(5)     ANNEX IV.PartA (0(a)(6)
ANNEX IV.PartA 0)(a)(6)       ANNEX IV.PartA (0(a)(7)
ANNEX IV.PartA 0) (a) (7)     ANNEX IV.PartA (0(a)(8)
ANNEX lyPartA 00(a)(8)        ANNEX IV.PartA (0(a)(9)
ANNEX IV, Part A 0) (a) (9)   ANNEX IV.PartA (0(a) (10)
ANNEX IV.PartA 00 (a)(10)     ANNEX IV.PartA 0) (a) (11)
ANNEX IV, Part A 00 (a) (H)   ANNEX IV.PartA 0) (a) (12)
ANNEX IV, Part A (D(a)(12)    ANNEX IV.PartA (0(a) (13)
ANNEX IV, Part A 00(b)(1)     ANNEX IV.PartA
                                               (0(b)(1)
ANNEX IV, Part A © (b)(2)     ANNEX IV.PartA
                                               (0(b)(2)
ANNEX IV.PartA 00(b)(3)       ANNEX IV.PartA
                                               (0(b)(3)
ANNEX IV, Part A 00(b)(4)     ANNEX IV.PartA
                                               0) (b)(4)
ANNEX IV, Part A 00(b) (4a)   ANNEX IV.PartA
ANNEX IV, Part A 0(b)(5)      ANNEX IV.PartA (0(b)(5)
ANNEX lyPartA (0 (b)(6)       ANNEX IV.PartA (0(b)(6)
ANNEX IV.PartA a) (b)(7)      ANNEX IV.PartA 0) (b)(7)
ANNEX IV.PartA 00(b)(8)       ANNEX IV.PartA (0(b)(8)
ANNEX IV.PartA 00(b)(9)       ANNEX IV.PartA (0(b)(9)
ANNEX IV.PartA a) (c)(1)      ANNEX IV.PartA (0(b) (10)
ANNEX IV.PartA 00(c)(2)       ANNEX IV.PartA (0(c)(1)
ANNEX IV.PartA 00(c)(3)       ANNEX IV.PartA (0(c)(2)
                              ANNEX IV.PartA 0) (c)(3)
ANNEX IV, Part A (D(c)(3a)                     (0(c)(4)
                              ANNEX
ANNEX IV.PartA 00(c)(4)             IV.PartA (0(c)(5)
                              ANNEX
ANNEX IV.PartA 0) (c)(5)            IV.PartA 0) (c)(6)
                              ANNEX
ANNEX IV.PartA 00(c)(6)             IV.PartA (0(c)(7)
                              ANNEX
ANNEX IV.PartA (I) (c)(7)           IV.PartA (0(c)(8)
                              ANNEX
ANNEX IV, Part A 00                 IV.PartA 00
                              ANNEX
ANNEX V                             V
                              ANNEX
                                    VI
                              ANNEX
                                    VU
                            ^^w
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(95) 622 final
                                                                                     It •••..!.
                                              DOCUMENTS
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                                    Catalogue number : CB-CO-95-665-EN-C
                                                             ISBN 92-77-97237-8
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