CELEX: 51977PC0162
Language: en
Date: 1977-05-11
Title: Proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 68/193/EEC, 69/208/EEC, 70/458/EEC and 70/457/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, material for the vegetative propagation of the vine, seed of oil and fibre plants, vegetable seed and on the common catalogue of varieties of agricultural plant species. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 162
Vol. 1977/0069
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(77)162 final .
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                                                       Brussels . 11 Kay 1977 • .
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                  Proposal for a Council Directive amending                          Directives
                  66/ 400/ EEC , 66/ 401 / EEC , 66/ 402/ EEC , 66/ 403/ EEC , 68/ 193/ EEC ,
                  69/ 208/ EEC , 70/ 458/ EEC and 70/ 457/ EEC on the marketing of
                 beet seed , . fodder plant seed ,              cereal seed ,                   seed
                 potatoes , r material for the vegetative propagation of
                 the vine ,        seed of oil and fibre plants ,                    vegetable
                  seed and on the common catalogue of varieties of agric­
                 ultural plant species .
                      ( submitted, to the Council "by the Commission)
                    1
COM(77 ) 162 final.
 ---pagebreak---                             Explanatory Note
        In 1966 , 1968 , 1969 and 1970 the Council adopted of eight Directives
providing for the conditions on genetical , quality , packaging and
labelling requirements according to which seeds or propagating
materials of agriculture and vegetable species may be marketed
within the Community .
        It has been necessary to amend these Directives on several
occasions in order to take account of developments during their
application .
        This proposal intends mainly to take into account the tech­
nical progress achieved in respect of packaging material , closing
systems and ways of labelling .
        In addition , this proposal makes it possible to certify seed
as " certified seed " under certain conditions , mainly in the case of
self-pollinating species and where the seeds of previous generations
have not been subject to field inspection .
        The proposal submits also seed potatoes to the same sampling
procedures stipulated for the other species .
        Finally , this proposal envisages an accelerated procedure for
        - defining the scope of the different directives in respect
          of the species ;
        - fixing the conditions for community classes of different
          categories of seed potatoes ;
        - the possible extension of the period provided for the
          expiring of equivalences granted at national levels to
          certain third countries in respect of the admission of
          varieties of agriculture and vegetable species outside the
          Community .
 ---pagebreak---                                         2-
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 43 ,
 Having regard to the proposal from the Commission ,
 Having regard to the Opinion of the European Parliament ,
 Having regard to the Opinion of the Economic and Social Committee ,
 Whereas , for the reasons given below , certain Directives on the marketing
 of seeds and propagating material should be amended ;
 Whereas the present provisions of those Directives relating to the closing
 and marking of seeds and propagating material do not take into account
technical progress             in respect of packaging material , closing
 systems and methods of labelling j whereas they should therefore be brought
up to date accordingly ;
Whereas an accelerated procedure should be provided for
extending , where necessary, the scope of some of these Directives to cover
other plant species or crosses between species or to adapt the
nomenclature of the species ;
Whereas in principle seed which is intended for certification as
" certified seed" must have been produced from basic seed , whereas however ,
by way of derogation , the said Directives permit in the case of seed of
certain species certification as "certified seed" where the seed has been
produced from pre-basic seed which has been subject to official examination ;
whereas this latter facility is not sufficient for some species ; whereas
therefore this facility should be extended provided that sufficient
guarantees are laid down ;
Whereas Member States may subdivide the categories of seed potatoes into
grades satisfying different requirements ; whereas it should be provided
            that the Community grades and their conditions of application
may be fixed byan accelerated procedure ;
Whereas,                              also in the case of seed potatoes , for
the examination of the tubers for certification , samples should be tak­
en     officially in accordance with appropriate methods ;
Whereas       Council Directives 70/ 457/ EEC and 70/ 458/ EEC provide that from
1 July 1977 the equivalence of the official examination of varieties and
the checks on practice for the maintenance of varieties carried out in
 ---pagebreak---                                          - 3-                 2222 / VI/76 - E - rev.4
third countries can no longer be established nationally by Member States ;
whereas Council Directive 70/458/EEC provides that f*om 1 July 1977 the
equivalence of se^ds harvested in third countries can no longer b            estab­
lished nationally by Member States ;
Whereas , however , it is likely
that examinations concerning the granting of these equivalences on a
 Commanity basis will not be completed , in all those cases where national
 equivalences have been granted, within the above-mentioned periods ;
 whereas it should therefore be made possible to decide by an accelerated
procedure on a possible extension of these periods in certain             cases
 in order to avoid distucbing current commercial relations ,
 HAS ADOPTED THIS DIRECTIVE :
                                   Article 1
 Council Directive 66/ 400/ EEC of 14 June 1966 on the marketing of beet
 seed ( 1 ), as last amended by Commission Directive 76/ 331 / EEC of 29 March
 1976 ( 2 ), shall be amended as follows :
 1 . The following shall be substituted for Article 10(l )
       "1 .    Member States shall require that packages of basic seed
               and certified seed , except where seed of the latter category
               takes the form of small EEC packages , be closed officially or
               under official supervision in such a manner that they cannot
               be opened without damaging the system of closing or leaving
               evidence of tampering either on the official label provided
               for in Article 1l(l )          or on the package .
               The system of closing shall comprise either the incorporation
                into the system of the label mentioned above or the application
               of an official seal .   This is not necessary where a non-
               reusable system of closing is used .
               Approved or non-approved systems of closing may be defined
               .in accordance with the procedure laid down in Article 21 ."
 ( 1 ) O.J. No 125 , 11.7.1966, p. 2290/ 66
 ( 2 ) Oi'j : No L 83, 30.3.1976 , p. 34
 ---pagebreak---                                          4-                       2222/ VI/76 - E- rev.4
In the first sentence of Artiole 10(2),                the following shall be
inserted after "officially": "or under official supervision ".
The following shall be substituted for Article 10(3).
"3.   Member States shall require that small EEC packages be closed
      in such a manner that they cannot be opened without damaging
      the system of closing or leaving evidence of tampering on the
      label or on the package .         Approved or non-approved systems of
      closing may be defined in accordance with the procedure laid down
      in Article 21 .     Packages shall not be reclosed on one or
      more occasions unless thi9 is done under official supervision ."
 The following shall be substituted for Article 11 :
 "1.   Member States shall require that packages of basic 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 official label which has not
       previously been used, which satisfies the conditions laid down
       in Annex III(A ) and on which the information is given in one of
       the official languages of the Community .              The colour of the label
       shall be white for basic seed and blue for certified seed .                   The '
       use of official adhesive labels shall be authorized .                In
       accordance with the procedure laid down in Article 21 the indelible
       printing under official supervision of the prescribed
       information .              on the package according to the label 's
       model may be authorized .         When a label with a string-hole is
       used , its attachment shall be ensured             in all cases with an
      official seal .      If , dn cases under . Article 4 ( a ), 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 ;
(b)    contain an official document , in the same colour as the label ,
      giving at least the information required for the label under
      Annex III , ( A ), ( 3 ), ( 4 ), ( 5 ), ( 10 ) and ( 11 ). This document
      shall be drawn up           in such a manner that it cannot be
       confused with the official label -referred to under (a).
 ---pagebreak---                                           -5-
                                                                      2222/VI/76 - E - rev.4
                              -        This document is not necessary iT the
             information is printed indelibly on the package or if in
             accordance     with the provisions                   under ( a ) an
             adhesive label or a label of untearable material is used .
      2.     Member States may provide for exceptions to paragraph 1 in the
             case of small packages of basic seed where they are marked :
             " Passed for marketing in                 ( Member State concerned )
             only ".
5.    In Article 11b , the following shall be substituted for              officially
     sealed and marked ": " closed and marked officially or under official
     supervision ".
6.   In the first indent of Article 14(l )>              the following shall be
     substituted for " officially marked and sealed ": " marked and
     closed officially or under official supervision".
7/.  In Article 14(3 )                      ( c ), the following shall be added
     after the indent : " Lot reference number ":
     " - month and year of closing :                        ( month and year ) , or
        - month and year of the last official sampling intended for the
            decision on certification :                           ( month and year )."
8.   In Annex III ( A ), the following is added :
     " 3a .
       - month and year of closing :                      ( month and year ) , or
       - month and year of the last official sampling intended for the
          decision on certification :              ....( month and year )."
9.   In Annex III ( A ), the following is added :
     " 12 .   Where at least germination has been retested , the words
              " retested ":            ...( month and year )" may be indicated ."
                                      Article 2
Council Directive 66/ 401 / EEC of 14 June 1966 on the marketing of fodder
plant seed ( 3 ), as last amended by Council Directive 75 / 444 / EEC of 26 June
1975 ( 4 ) shall be amended as follows :
 ---pagebreak---                                            -6-                    2222/VI/76- E - rev.4
1.    In Article 2 , the following paragraphs shall be added :
      " 1a .  Amendments to be made to the list of species referred to in
              paragraph 1 A. in the light of the development of scientific
              or technical knowledge shall be adopted in accordance with the
              procedure laid down in Article 21 .
        1b . Member States may be authorized in accordance with the procedure
               laid down in Article 21 to permit , by way of derogation from
                               paragraph 1       C ( a ) and if the breeder so
               requests , to "be certified as "certified seed" seeds of self
              pollinating or apomictic species other than hybrid seeds which
              have been entered for certification as basic seed and which have
              been produced from a generation prior to basic seed but not
              officially examined , if an official post-control test based on
              samples taken officially and carried out not later than the
              growing season of the entered seed shows that the seeds from
              this previous generation have met the requirements for basic
                  r
              seed in respect of varietal identity and purity .       In this case
              the breeder shall , before the samples are taken , state the total
              area underproduction of seed of the previous generation .These con­
             ditions may be amended in the light of development of scientific or
             technical knowledge in accordance with the procedure laid down in
             Article 21 ."
2 . The following shall be substituted for Article 9^l)s
              Member States shall require that packages of basic seed ,
              certified seed and commercial seed , except where seed of the
              two latter categories takes the form of small EEC B packages ,
              be closed officially or under official supervision in such a
              manner that they cannot be opened without damaging the system of
              closing or leaving evidence of tampering either on the official
              label provided for in Article 10(l )              or on the package .
( 3 ) O.J. No 125 , 11.7.1966 , p. 2298/ 66
( 4 ) ol jl NO L 196, 26.7.1975, p. 6.
 ---pagebreak---                                    -7-                   2222/VI/76/ - E - rev.4
       The system of closing shall comprise either the incorporation
       into the system of the label mentioned above or the application
       of an official seal .     This is not necessary where a non-
       reusable system of closing is used .
       Approved or non-approved systems of closing may be defined
       in accordance with the procedure laid down in Article 21 .
' In the first sentence of Article 9 ( 2 ), the following shall "be          /
  inserted after " officially" :" or under official supervision".
  The following shall be substituted for Article 9 (3 )s
  " 3. Member States shall require that small EEC B packages be closed
       in such a manner that they cannot be opened without damaging
       the system of closing or leaving evidence of tampering on the
        label or on the package .
       Approved or non-approved systems of closing may be defined
        in accordance with the procedure laid down in Article 21 .
       Packages shall not be reclosed on one or more occasions unless
       this is done under official supervision ."
  The following shall be substituted for Article 10 :
  "1 . Member States shall require that packages of basic seed ,
       certified seed and commercial seed , except where seed of the
        last two categories takes the form of small EEC B packages :
       ( a ) be labelled on the outside with an official label which 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 official 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
             after basic seed and brown for commercial seed .    The use of
             an> official adhesive label shall be authorized .   In accordance
             with the procedure laid down in Article 21 , the indelible
 ---pagebreak---                                           -8-                         2222/VI/76/ - E- rev. A
            printing under official supervision of the prescribed
            information                on the package according to the Label 's
            model may be authorized .         When a label with string-hole is
            used , its attachment shall be ensured in all cases with an
            official seal .     If , in cases under Article 4 ( a ), the "basic
            seed or certified seed does not satisfy the conditions laid
            down in Annex II in respect of germination , this fact shall be
            stated on the label ;
      (b)   contain an official document , in the same colour as the label ,
            giving at least the information required for 'the label under
            Annex IV ( A ) ( 1 ) ( a ) ( 3 ), ( A ), and ( 5 ) and , in the case of
            commercial seed , under ( b ) ( 2 ), ( A ), and ( 5 ).       This document
            shall be drawn     up     in such a manner that it cannot be
            confused   with the off icial label         referred 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 adhesive
            label or a label of untearable material is used .
    2 . Member States may provide for exceptions to paragraph 1 in the
        case of small packages of basic seed where they are marked :
        " Passed for marketing in :                     ( Member State concerned )
        only .
6.  In Article 10 b , the following shall be substituted for officially
    sealed and marked ": " closed and marked officially or under official
    supervision".
7. In the first and second indents of Article 14 ( l ) f the following
    shall be substituted for "officially marked and sealed ": " marked
    and closed officially or under official supervision".
8 . In Article 1A ( 3 ) ( c ), the following shall "be added
    after the indent : " Lot reference number ":
    " - month and year of closing :..                       ( month and year ), or
       - month and year of the last official sampling intended for the
         decision on certification :                 ( month and year )."
 ---pagebreak---                                         -9-                          2222/VI/76 - E - rev.4
 9.    In Annex IV ( A ), the following is added under ( a ):
       " 3a .
       - month and year of closing :                      ( month and year ), or
       - month and year of the last official sampling intended for the
          decision on certification :                             ( month and year )."
10 .   In Annex IV ( A ), the following is added under ( b ):
         4a .
       - month and year of closing :                      .<- month and year ), or
       - month and year of the last official sampling intended for the
          decision on approval as commercial seed :                     ( month and
          year )."
11 .   In Annex IV ( A ), the following is added under ( c ):
       " 3a .
       - month and year of closing :                        < month and year ), or
       - month and year of the last official sampling intended for the
          decision on certification or approval as commercial seed of the
          components of the mixture :                ( month and year )."
12 . In Annex IV < A ), the following is added under ( a ):
     " 12 .   Where at least germination has been retested , the words
              " retested :             ( month and year ) may be indicated ."
13 .   In Annex IV ( A ), the following is added under ( b ):
       "9.    Where at least germination has been retested , the words
              " retested :               ( month - and year )" may be indicated ."
14 .   In Annex IV ( A ), the following is added under ( c ):
       "7.    Where at least germination of all the components of the mixture
              has been retested , the words " retested :                     ( month
              and year )" may be indicated ."
 ---pagebreak---                                             - 10-                 2222/VI/76 - E- rev.4
                                       Article 3
 Council Directive 66/ 402/ EEC of 14 June 1966 on the marketing of cereal
 seed ( 5 ), as last amended by Council Directive 75 / 444/ EEC of 26 June 1975
 ( 4 ), shall be amended as follows :
 1.     In Article 2 , the following paragraphs shall be added :
      " 1a . Amendments to be made to the list of species referred to in paragraph
               1 A in the light of the development of scientific or technical
              knowledge shall be adopted in accordance with the procedure laid
              down in Article 21 .
        1b .       Member States may be authorized in accordance with the procedure
               laid down in Article 21 to permit , by way of derogation from
                                 paragraph 1 under F ( a ) or G ( a ) and if the
              breeder so request s , to "be certified as " certified seed of the first
              generation" or " certified seed of the second generation " seeds of
              self pollinating species other than hybrid seeds which have
              been entered for certification as basic seed and which have
              been produced from a generation prior to basic seed but not
              officially examined, if an official post-control test based on
              samples taken officially and carried out not later than the
              growing season of the entered seed shows that the seeds from
              this previous generation have met the requirements for basic
              seed in respect of varietal identity and purity .       In this case
              the breeder shall , before the samples are taken , state the total
              area under production of seeds of the previous generation . These
         '    conditions may be amended in the light of development of scientific
              or technical knowledge in accrodance with the procedure laid down in
              Art id© 21 •"
2.       The following shr-ll be substituted for Article 9 ( 1 ) :
         "1 .    Member States shall require that packages of basic seed and
( 5 ) O.J. No 125, 11.7.1966, p. 2309/66
                                                                                        •f
 ---pagebreak---                                        - 11-                 2222/VI/76- E - rev.4
           certified seed of all categories / be closed officially or under
           official supervision in such a manner that they cannot be opened
           without damaging the system of closing or without leaving
           evidence of tampering either on the official label provided for
           in Article 10(l )             or on the package .
           The system of closing shall comprise either the incorporation
           into the system of the label mentioned above or the application
          of an official seal . This is not necessary where a non-reusable
          system of closing is used .
          Approved or non-approved systems of closing may be defined
          in accordance with the procedure laid down in Article 21 .
3. In the first sentence of Article 9(2 ),         the following shall be
   inserted after "officially": " or under official supervision ".
A. The following shall be substituted for Article 10 :
   "1 . Member States shall require that packages of basic seed and
        certified seed of all kinds :
        ( a ) be labelled on the outside with an official 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 official languages of the Community .      The colour
              of the label shall be white for basic seed , blue for "certi­
              fied seed" and for "certified seed of the first generation"
              and red for "certified seed of the second generation". The
              use of official adhesive labels shall be authorized .       In
              accordance with the procedure laid down in Article 21 the in­
              delible printing under official supervision of the prescribed
              information indelibly on the package according to the label 's
              model may be authorized .      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 Article 4 ( 1 ) ( a ) and
              ( 2 ), the basic seed or maize seed does not satisfy the
              conditions laid down in Annex II in respect of germination ,
              this fact shall be stated on the label ;
 ---pagebreak---                                          - 12-                      2222/VI/76 - E - rev.4
        (b)   contain an official document , in the same colour as the label ,
              giving at least the information required for the label under
              Annex IV ( A ) ( a ) ( 3 ), ( 4 ) and ( 5 ).    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
              information is printed indelibly on the package or if in
              accordance with the provisions                       under ( a ) an
              adhesive label or a label of untearable material is used .
 2.    Member States may provide for exceptions to paragraph 1 in the
       case of small packages where they are marked : " Passed for
       marketing in        .                ( Member State concerned ) only "."
 In Article 14(l ),              , the following shall be substituted for
 " officially marked and sealed ": " marked and closed officially'' .
 In Article 14(3 ) ( c ) f                       the following shall be added
 after the indent : " lot reference number ":
"- month and year of closing :                              ( month^and year ) , or
  - month and year of the last sampling intended for the decision on
      certification :                     ....( month and year )."
In Annex IV ( A ), the following is added under ( a ):
" 3a .
-" month and year of closing :                              ( month and year )     , or
– month and year of the last sampling intended for the decision on
    certification :                       ( month and year )."
In Annex IV ( A ) the following is added under ( b ):
" 3a .
- month and year of closing :                           ( month and year ) , or
- month and year of the last sampling intended for the decision on
    certification of the components of the mixture :......
    ( month and year )."
 ---pagebreak---                                           - 13-                    2222 / VI/76 - E - rev.4
 9.    In Annex IV ( AO , the following is added under ( a ):
       " 10 .  Where at least germination has been retested , the words
                " Retested :                ( month and year )" may be indicated ."
10 .   In Annex IV ( A ) the following is added under ( b ) :
       " 7 ..   Where at least germination of all the components of the
                mixture has been retested , the words " Retested :
                ( month and year )" may be indicated ."
                                      Article 4
 Council Directive 66/ 403/ EEC of 14 June 1966 on the marketing of seed
 potatoes ( 6 ), as last amended by Council Directive 76 / 307/ EEC of 15 March
 1976 ( 7 ) , shall be amended as follows :
 1.    In Article 3 , the following paragraph shall be added :
       " 3.   Within the categories provided for in Article 2 , Community
              grades , the conditions which they shall satisfy and the
              conditions of application of these grades for certification
              may be determined in accordance with the procedure laid down
              in Article 19 .
 2.    The following Article shall be added :
         Arti c le 5
       The Member States shall require that , for the examination of seed
       potatotubers for certification , samples are "taken officially in
       accordance with appropriate methods ."
 3.    The following shall be substituted for Article 9(1 ):
       "1.    Member States shall require that packages and containers of
              basic seed potatoes and certified potatoes , be closed officially
              or under official supervision in such a manner that they cannot
 ( 6 ) O.J. No 125 , 11.7.1966 p. 2320/ 66
 ( 7 ) O.J. No L 72 , 18.3.1976 p. 16
 ---pagebreak---                                   - 14 -                   2222/VI /76–E-rev.4
        "be opened without damaging the system of closing or leaving
        evidence of tampering either on the official label provided
        for in Article 10(1 ) or on the package .
        The system of closing shall comprise either the incorporation
        into the system of the lable mentioned above or the application
        of an official seal .
        Approved or non–approved systems of closing may he defined in
        accordance with the procedure laid down in Article 19 *
4. In the first sentence of Article 9(2 ), the following shall he
   inserted after "officially": "or under official supervision".
5. The following shall be substituted for Article 10 :
   "1 .   Member States shall require that packages and containers 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 satisfies the cond­
                itions laid down in Annex III and on which the information
                is given in one of the official languages of the Community .
                The colour of the label shall be white for basic seed
                potatoes , blue for certified seed potatoes .   The use of
                official adhesive labels shall be authorized .    In
                accordance with the procedure laid down in Article 19 , the
                indelible printing under official supervision of the
                prescribed information on the package according to the
                label 's model may be authorized . When a label with a
                string-hole is used , its attachment shall be ensured
                in all cases with an official seal ;
          ("b ) contain an official document , in the same colour as the
                label giving at least the information required for the
                label under Annex III (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 is not necessary if the
                information is printed indelibly on the package or if in
                accordance with the provisions under (a) an adhesive label
                or a label of untearable material is used .
 ---pagebreak---                                            - 15-                    2222/VI/76 - E - rev.4
         2.     Member States may provide for exceptional to paragraph ^ in the
                case of small packages where they are marked : " Passed for
                marketing in                    ( Member State concerned ) only "."
  6.     In Article 1 3 ( 1 ) , the following shall he substituted for
         " officially marked and sealed " :" marked and closed officially or
         under official supervision".
  7.     In Article 13(4 ) ( c )» "the following shall he added
         after the indent : " lot reference number " :"-mont h and year of
         closing".
  8.     In Annex III ( A ) the following shall be added :
         " 3a .   Month and year of closing ."
  9.      In Annex III ( A ), point 9 shall he deleted .
                                        Article 5
 Council Directive 68/ 193/ EEC of 9 April 1968 on the marketing of material
 for the vegetative propagation of the vine ( 8 ), as last amended by Council
  Directive 74 / 648 / EEC of 9 December 1974 ( 9 ), shall be amended as follows :
 1 . The following shall be substituted for Article 9 :
       " Member States shall require that packages and bundles of propagation
         material be closed in such a manner that they cannot be opened
         without damaging the system of closing or leaving evidence of
        tampering on the label provided for in Article 10(1 )
        or on the package .        They shall also bear a lead or equivalent
        sealing device attached by the person responsible for attaching the
        labels .      Approved or non-appcoved systems of closing may be defined
        in accordance with the procedure laid down in Article 17 .
        Packages shall not be reclosed on one or more occasions unless this
        is done under official supervision ."
2.      The following paragraph 1a shall be added to Article 10;
        " 1a .   Nevertheless Member States may permit that up to 10 packages
                 or bundles of rooted grafts of the same characteristics , or up to
( 8 ) O.J. No . L. 93 . 17.4.1968, p. 15
( 9 ) O.J. No . L. 352, 28.12.1974 , p . 43
 ---pagebreak---                                        - 16-                  2222/VI/76- E - rev.4
             5 packages or bundles of rooted cuttings of the same characteristics
            are marked with only one label conforming to the specifications
            in Annex IV .    In this case, the packages or bundles shall be
            tied together in such a way that the tie , when they are separated ,
            is damaged and cannot be reused .     The label shall be attached
            with this tie .    Reclosing shall not be authorized ."
                                     Article 6
Council Directive 69 / 208/ EEC of 30 June 1969 on the marketing of seed of
oil and fibre plants ( 10 ), as last amended by Council Directive 75 / 444/ EEC
of 26 June 1975 ( 4 ), shall be amended as follows :
1.  In Article 2 , the following paragraphs shall be added :
    1a .  Amendments to be made to the list of species referred to in
          paragraph 1 A in the light of the development of scientific
          or technical knowledge shall be adopted in accordance with the
          procedure laid down in Article 20 .
    1b . Member States may "be authorized in accordance with the procedure
          laid down in Article 20 to permit , by way of derogation from
         paragraph 1 D (a) or E (a) and if the breeder so recpiests ,
         to "be certified as " certified seed of the first
         generation " or " certified seed of the second generation " seeds
         of self pollinating species other than hybrid seeds which have
         been entered for certification as basic seed and which have
         been prodaced from a generation prior to basic seed but not
         officially examined , if an official post-control test based
         on samples taken officially and carried out not later than
         the growing season of the entered seed shows that the seeds
         from this previous generation have met the requirements for
         basic seed in respect of varietal identity and purity .       In
         this case the breeder shall , before the samples are taken , state
         the total area under production 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 20 .
         ( 10 ) O.J. No . L. 169, 10.7.1969 , p. 3
 ---pagebreak---                                 - 17 -                  2222/VT/76–E-rev.4
2. The following shall be substituted, for Article 9(l ):
   "1 . Member States shall require that packages of "basic seed ,
        certified seed of all categories and commercial seed , be
        closed officially or under official supervision in such a
        manner that they cannot be opened without damaging the system
        of closing or leaving evidence of tampering either on the
        official label provided for in Article 10(1 ) or on the
        package .
        The system of closing shall comprise eith the incorporation
        into the system of the label mentioned above or the application
        of an official seal . This is not necessary where a non-
        reusable system of closing is used .
        Approved or non–approved systems of closing may be defined
        in accordance with the procedure laid down in Article 20 .
3. In the first sentence of Article 9(2 ), the following shall be
   inserted after "officially": "or under official supervision".
4. The following shall "be substituted for Article 10(l ) and (2 ):
   "1 . Member States shall require that packages of basic seed , cert­
        ified seed of all kinds and commercial seed ,
        (a) "be labelled on the outside with an official 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 official 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 after
            basic seed and brown for commercial seed .    The use of
            official adhesive labels shall be authorized .    In
            accordance with the procedure laid down in Article 20 the
            indelible printing under official supervision of the
            information on the package according tot he label *s model
            may be authorized. When a label with a strings-hole is
            used , its attachment shall be ensured in all cases with an
            official seal . If , in case under Article 4(a), "the basic
            seed does not satisfy the conditions laid down
 ---pagebreak---                                - 18 -                  2222/Vl/76-E~rev.
          in Annex II in respect of germination , this fact shall
         "be stated on the label ;
    (b ) contain an official document , in the same colour as the
         label giving at least the information required for the
         label under Annex IV , (A) (a), (4 ), (5 ) and (6 ) and , in
         the case of commercial seed , under (b ) , ( 2 ), (5 ) 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 is not necessary if the
         information is printed indelibly on the package or if in
         accordance with the provisions under ( a) an adhesive label
         or a label of untearable material is used .
2 . Member States may provide for exceptions to paragraph 1 in the
     case of small packages where they are marked: "Passed for
     marketing in                    (Member States concerned ) only."
In Article 1 3 ( 1 ) , the following shall be substituted for
" officially marked and sealed": "marked and closed officially or
under official supervision".
In Article 13(3 ) (c )» the following shall be added after the
indent : " lot reference number":
"-month and year of closing:                   ...(month and year), or
 –month and year of the last official sampling intended for the
   decision on certification: .................(month and year)."
In Annex IV (A) under (a), the following shall be substituted for
the text of item 3 :
"–month and year of closing:                    ..(month and year), or
 –month and year of the last official sampling intended for the
   decision on certification:.                    (month and year)."
In Annex IV (A) under (b ) , the following shall be substituted for
the text of item 4 :
"–month and year of closing: ................. (month and year), or
 -month and year of the last official sampling intended for the
   decision on approval as commercial seed: ....... (month and year).
 ---pagebreak---                                                - 19-                        2222/VI/76 - E - rev.4
 9.     In Annex IV ( A ), the following is added under ( a ):
        " 11 . Where at least germination has been retested , the words
               " retested :                      ( month and year ) may be indicated ."
10 .    In Annex IV ( A ), the following is added under ( b ):
        " 10 . Where at least germination has been retested , the words
               " retested :                  .....( month and year )" may be indicated ."
                                          Article 7
 Council Directive 70 / 457/ EEC              of 29 September 1970 on the common
                                                                   ( 11 )
 catalogue of varieties of agricultural plan species                      , as last amended by
                                                               ( 12 )
 Council Directive 73 / 438/ EEC of 11 December 1973                  , shall be amended
 as follows :
 The following words shall be added to Article 21 ( 2 ):
        " In accordance with the procedure laid down in Article 23 , this period
           may be extended as regards certain third countries provided that the
          available information does not yet permit a determination according
          to paragraph 1 ."
                                         Article 8
 Council Directive 70/ 458/ EEC of 29 September 1970              on the marketing
 of vegetable seed ( 13 ), as last amended by Council Directive 76/ 307/ EECof
 15 March 1976 ( 7 ),shall be amended as follows :
 1.     In Article 2 , the following paragraphs shall be added :
        " 1a . Amendments to be made to the list of species referred to in
               paragraph 1 A      in the light of the development of scientific
               or technical knowledge shall be adopted in accordance with the
               procedure laid down in Article 40 .
          lb * Member States may be authorized in accordance with the procedure
 ( 11 )  O.J. No . L   225 , 12.10.1970 , p.1
 ( 12 )  O.J. No . L   356 , 27 . 12 . 1973 , p. 79
 ( 13 )  O.J. No . L   225 , 12 . 10 . 1070 , p. 7 .
 ---pagebreak---                                 - 20-                  2222 / VI/76 - E - rev.4
       Laid down in Article AO to permit , by way of derogation
      from paragraph 1 C(a ) and if the
      breeder so requests , to be certified as " certified seed " seeds
      of self pollinating species other than hybrid seeds which
      have been entered for certification as basic seed and which
      have been produced from a generation prior to basic seed
      but not officially examined , if an official post-control
      test based on samples taken officially and carried out not
      later than the growing season of the entered seed shows
      that the seeds from this previous generation have met the
      requirements for basic seed in respect of varietal identity
      and purity .   In this case the breeder shall , before the
      samples are taken state the total area under production 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 40 .
The following shall be substituted for Article 25(1 ):
"1.  Member States shall require that packages of basic seed and
     certified seed, not made up in the form of small packages ,
     be closed officially or under official supervision in such
     a manner that they cannot be opened without damaging the
     system of closing or leaving evidence of tampering either
     on the official label provided for in Article 26(1 )
     or on the package .
     The system of closing shall comprise either the incorporation
     into the system of the label mentioned above or the application
     of an official seal .       This is not necessary where a non-
     reusable system of closing is used .
     Approved or non-approved systems of closing may be defined
     in accordance with the procedure laid down in Article 40 .
In the first sentence of Article 25 , the following shall be
inserted after "off icially " :" or under official supervision ".
 ---pagebreak---                                 - 21-                   2222 / VI/76 - E - rev. 4
The following shall be substituted for Article 25 ( 3 ):
"3.   Member States shall require that packages of standard seed and
      small packages of seeds of the category " certified seed " be
      closed in such a manner that they cannot be opened without
      damaging the system of closing or without leaving evidence
      of tampering on the label provided for in Article 26(3 )
      or on the package .
      Except in the case of small packages , they shall also bear a
      lead or an equivalent sealing device attached by the person
      responsible for attaching labels .    Approved or non-approved
      systems of closing may be defined in accordance with the
      procedure laid down in Article 40 .    In the case of small
      packages of the category " certified seed ", packages shall not
      be reclosed on one or more occasion unless this is done under
      official supervision ."
 The following paragraph shall be added to Article 25 :
 " 4.  Member States may provide for exceptions to paragraphs 1 and 2
       in the case of small packages of basic seed ."
 The following shall be substituted for Article 26(1 ):
 "1.   Member States shall require that packages of basic seed and
       certified seed , except where seed of the latter category takes
       the form of small packages ,
       ( a) be labelled on the outside with an official label which
            has not previously been used , which satisfies the con­
            ditions  laid down in Annex IV ( A ) and on which the
            information is given in one of the official languages of ■
            the Community .   The colour of the label shall be white
            for basic seed and blue for certified seed .       The use of
            official adhesive labels shall be authorized .        In
            accordance with the procedure laid down in Article 40 the
            indelible printing under official control of the prescribed
            Information on the package according to the
            label 's model may be authorized .   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
 ---pagebreak---                                    - 22-
                                                                 2222/VI/76 - E - rev.4
                Article 21 , the basic seed does not satisfy the
             conditions laid down in Annex II           in respect of germination ,
             this fact shall be stated on the label ;
      (b)    contain an official document , in the same colour as the
             label , giving at least the information required for the
             label under Annex IV      CA ) Ca )    ( 4 ), ( 5 ), ( 6 ) and ( 7 ).
            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 information is
            printed indelibly on the package or if in accordance
            with the provisions                  under ( a ) an adhesive
             label or a label of untearable material is used .
            The label shall not be required for transparent packages
            if the official document inside gives the information
            required under Annex IV ( A ) ( a ) which can be read
            through the package .
In Article 26 , the following paragraph shall be added :
" 1a . Member States may provide for exceptions to paragraph 1 in
       the case of small packages of basic seed where they are
       marked   Passed for marketing in                          ( Member State
       concerned ) only ."
In Article 30(1 ),              the following shall be substituted for
" officially marked and sealed " :" marked and closed officially or
under officiai supervision .
In Article 30(3)(c ),      the following shall be added
after the indent : " lot reference number ":
"-month and year of closing :                        ( month and year ) , or
  -month and yea r of the last official sampling intended for the
   decision on certification :                     ( month and year )."
The following words shall be added to Article 32 ( 2 ):
"in accordance with the procedure laid down in Article 40 this period
 may be extended as regards certain third countries provided that the
  available information does not yet permit a determination according
 ---pagebreak---                                 - 23-                     2222 / VI /76 - E - rev. 4
to paragraph 1 .
The following shall be substituted for the text of Annex IV ( A)(a ):
"1 .  EEC rules and standards .
 2.   Certification authority and Member State or their initials .
 3.   - month and year of closing :                 ( month and year ) , or
      - month and year of the last official sampling intended for
         the decision on certification :                    ( month and year ).
 4.   Reference number of lot .
 5.   Species .
 6.   Variety .
 7.   Category .
 8.   Country of production .
 9.   Declared net or gross weight or declared number of seeds .
10 .  Where weight is indicated and granulated pesticides , pelleting
      substances or other solid additives are used , the nature of the
      additive and also the approximate ratio between the weight of
      clusters or pure seeds and total weight .
11 .  Where at least germination has been retested , the words
      " Retested :            ( month and year )" may be indicated ."
 The following shall be substituted for the text of Annex IV ( B)(a )
 "1 .   EEC rules and standards .
   2.   Name and address of the person responsible for affixing the
        labels or his identification mark .
   3.   Calendar year or marketing year (1 July to 30 June )
        of the closing or of the
        last examination of germination .     This information may be
        given in codified version provided that the code is notified
        to the Certification authority prior to its use .
   4.   Species .
   5.   Variety .
   6.   Category : in the case of small packages , certified seed may be
        marked with the letters " C " or " Z " and standard seed with the
        letters " ST ".
   7.   Reference number given by the person responsible for affixing
        the labels - in the case of standard seed .
 ---pagebreak---                                       - 24-                  2222/ VI/76 - E - rev.4
      8.  Reference number enabling the certified Lot to be identified -
          in the case of certified seed .
      9.  Declared net or gross weight or declared number of seeds , except
          for small packages of up to 500 gram
     10 . Where weight is indicated and granulated pesticides , pelleting
          substances or other solid additives are used , the nature of the
          additive and also the approximate ratio between the weight of
          clusters or pure seeds and the total weight ."
                                  Article 9
Member States shall bring into -
force the laws , regulations     and administrative provisions necessary
to comply with the provisions of this Directive ,
           in respect of Articles 1(4 ), 2(5 ), 3(4 ), 4(5 )
          6(4 ) and 8(6 ) and ( 12 ) on or before 1 July 1977; and
          in respect of all the other provisions on or before
            1 July 1-978 .
                                Article 10
This Directive is addressed to the Member States .
Done at Bruxelles ,                               For the Council
                                                  The President .