CELEX: 31995D0232
Language: en
Date: 1995-06-27 00:00:00
Title: 95/232/EC: Commission Decision of 27 June 1995 on the organization of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape

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31995D0232

95/232/EC: Commission Decision of 27 June 1995 on the organization of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape  

Official Journal L 154 , 05/07/1995 P. 0022 - 0025

COMMISSION DECISION of 27 June 1995 on the organization of a temporary experiment under Council  Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and  varietal associations of swede rape and turnip rape (95/232/EC)THE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and  fibre plants  (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in  particular Article 12a thereof, Whereas Directive 69/208/EEC did not establish specific conditions to be satisfied by the seed of  hybrids of swede rape and turnip rape; whereas, furthermore, in the case of material not officially  admitted to the Common Catalogue of Varieties of Agricultural Plant Species, which material  includes varietal associations, the said Directive neither established specific conditions nor  permitted the certification and marketing of such material; Whereas on the basis of preliminary evidence it has been claimed that specified conditions for seed  of hybrids of swede rape and turnip rape should be established; Whereas, similarly, it has been claimed that the certification and marketing of seed of varietal  associations should now be permitted and consequently specific conditions governing seed of such  varietal associations should also be established; Whereas those claims cannot yet be confirmed at Community level on the basis of the information  available; Whereas it is therefore useful to organize a temporary experiment under specified conditions with  the aim of establishing the conditions to be satisfied by the seed of hybrids and varietal  associations of swede rape and turnip rape; Whereas the conditions of that experiment should be specified in such a manner as to enable the  maximum information to be collected at Community level with a view to drawing proper conclusions  for possible future adaptations of Community provisions; Whereas, for the purpose of the experiment, Member States should be released from certain  obligations laid down in Directive 69/208/EEC; Whereas the measures contained in this Decision are in accordance with the opinion of the Standing  Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, HAS ADOPTED THIS DECISION: Article 1 1.  A temporary experiment shall be organized at Community level  under the conditions specified in the Annex, in order to establish the conditions to be satisfied  by the seed of hybrids and varietal associations of swede rape (Brassica napus L.) and turnip rape  (Brassica rapa L. var. silvestris (Lam.) Briggs) for certification and marketing under Directive  69/208/EEC. 2.  Any Member State may participate in the experiment. Article 2 For the purpose of this Decision: -  a 'varietal association` shall mean an association of certified seed of a specified male-sterile  hybrid variety officially admitted under Directive 70/457/EEC  (2), with certified seed of one or  more specified pollinator varieties, similarly admitted, and mechanically combined in proportions  jointly determined by the persons responsible for the maintenance of the 'pollinator-dependent  hybrid` and of the 'pollinator(s)`, such comination having been notified to the Certification  Authority, -  'pollinator-dependent hybrid` shall mean the male-sterile component within the 'varietal  association`, -  'pollinator(s)` shall mean the component shedding pollen within the 'varietal association`. Article 3 Seed of hybrids and varietal associations of swede rape and turnip rape may be marketed  within the Community provided that the conditions and requirements in the Annex are satisfied. Article 4 1.  Member States participating in the experiment are hereby released from the  provisions in Directive 69/208/EEC relating to previous cropping, to varietal identity, varietal  purity, isolation of the crop, number of field inspections, and labelling, without prejudice to  Article 3 of this Decision. 2.  In the case of seed of varietal associations of swede rape and turnip rape, Member States  participating in the experiment are also released from the provisions of Article 2 (1) (c) of  Directive 69/208/EEC in so far as they require that seed shall belong to a variety included in the  common catalogue of varieties or national catalogue of varieties, and from the provisions of  Article 8 of Directive 69/208/EEC, in so far as they relate to the homogeneity of the lots. Article 5 1.  Member States shall inform the Commission whether they have decided to participate  in the experiment. 2.  Member States shall forward to the Commission and to the other Member States before the end of  each year progress reports on the results of the experiment. 3.  The experiment shall end on 31 December 1997. 4.  The Annex may be reviewed during the course of the experiment, account being taken of the  information collected, in accordance with the procedure laid down in Article 20 of Directive  69/208/EEC. 5.  Member States may decide to cease participating in the experiment before 31 December 1997 if  they consider that the pursuit of the experiment might have an adverse effect on the quality of the  seed. They shall immediately inform the other Member States and the Commission thereof. Article 6 This Decision is addressed to the Member States. Done at Brussels, 27 June 1995. For the Commission Franz FISCHLER Member of the Commission  ANNEX CONDITIONS AND REQUIREMENTS 1.  Conditions to be satisfied by the crop: (a) the crop shall be raised in a production ground where five years have elapsed since plants of  cruciferae were last grown; (b) where a male-sterile component is used for seed production; male sterility shall be at least 98   %. The level of male sterility shall be assessed by examining flowers for the absence of fertile  anthers; (c) the distance from neighbouring sources of pollen which may result in undesirable foreign  pollination shall be at least 500 m for the production of basic seed and at leasts 300 m for the  production of certified seed. These distances can be disregarded if there is sufficient protection  from any undesirable foreign pollination; (d) the number of field inspections shall be at least three. The first inspection should be made  before the flowering stage, the second inspection at the early flowering stage and the third  inspection at the end of the flowering stage. 2.  Conditions to be satisfied by the seed: (a) the seed shall have sufficient identity and purity as regards the varietal characteristics of  its components, including restoration of male sterility or, as the case may be, fertility; (b) the minimum varietal purity shall confirm to the following standards: >TABLE> The minimum varietal purity shall be examined mainly in field inspections carried out in accordance  with point 1. 3.  Seed shall not be certified as certified seed unless due account has been taken of the results  of official post-control plot tests on samples of basic seed taken officially and carried out  during the growing season of the seed entered for certification as certified seed to ascertain  whether the basic seed has met the requirements for basic seed laid down in this Decision in  respect of identity and purity as regards the characteristics of the components, including male  sterility. In the case of basic seed of hybrids, the varietal purity may be assessed, not by post-control plot  tests but by appropriate biochemical methods. The conditions under which such tests are carried out  may be established in accordance with the procedure laid down in Article 20 of Directive  69/208/EEC. 4.  In the case of certified seed of a varietal association, the seed of the 'pollinator-dependent  hybrid` and of the 'pollinator(s)` shall be mechanically combined in proportions jointly determined  by the persons responsible for the maintenance of those components. The seed of the female and male  components shall be dressed using different coloured seed dressings. 5.  The standards in respect of the minimum varietal purity laid down in the table under point 2 in  respect of certified seed of hybrids shall be monitored by official post-control tests on samples  taken officially. In the case of certified seed of hybrids, the varietal purity may be assessed, not by post-control  plo tests but by appropriate biochemical methods. The conditions under which such tests are carried  out may be established in accordance with the procedure laid down in Article 20 of Directive  69/208/EEC. 6.  The requirements for the label shall be as follows: (a) in the case of basic and certified seed of hybrids, the labelling provisions set out in Annex  IV to Directive 69/208/EEC shall apply; (b) in the case of basic seed of hybrids or inbred lines -  where the hybrid or the inbred line to which the basic seed belongs has been officially accepted  under Directive 70/457/EEC, the name of this component, under which it has been officially  accepted, with or without reference to the final variety, accompanied, in the case of hybrids or  inbred lines as component for final variety, by the word 'component`, -  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  functions (male or female), and accompanied by the word 'component`; c) in the case of certified seed to be combined in accordance with point 4, the labelling  provisions set out in Annex IV to Directive 69/208/EEC shall apply to the certified seed of each  component. Moreover, its function (female or male), accompanied by the word 'component` and the  name of the final variety associations shall be given; (d) in the case of certified seed of a varietal association, the labelling provisions set out in  Annex IV of Directive 69/208/EEC shall apply, except that instead of the name of the variety, the  name of the varietal association shall be given (information 'varietal association` and its name)  and the percentages by number of the various components shown by variety shall be given; it shall  be sufficient to give the name of the varietal association if the percentage by number has been  notified in writing to the purchaser, on request, and officially recorded. The label shall be blue with a diagonal green line; (e) The label shall bear the number of this Decision after the words 'EC rules and standards`; (f) where a Member State participates in the experiment, samples supplied by that Member State for  Community comparative trials shall derive from seed lots officially certified following this  experiment.