CELEX: 51973PC0735
Language: en
Date: 1973-05-18
Title: Proposal for a Council Directive modifying the Directives of 14 June 1966 concerning the marketing of beet seed, of seed of fodder plants, of cereal seed and of seed potatoes, the Directive of 30 June 1969 concerning the marketing of seed of oil and fibre plants and the Directives of 29 September 1970 concerning the marketing of vegetable seed and the common catalogue of varieties of species of agricultural plants.#Proposal for a Council Directive modifying the Directive of 9 April 1968 concerning the Marketing of Vegetative Propagation Material of the Vine.#Proposal for a Second Council Directive amending the Council Directive of 14 June 1966 on the marketing of forest reproductive material

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 735
Vol. 1973/0143
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(73)735 final final
                                                            Brussels , 18 May 1973
            Proposal for a Council   Directive modifying the Directives
            of 14 June 1966 concerning the marketing of "beet seed, of
            seed of fodder plants , of cereal seed and of seed potatoes ,
            the Directive of 30 June 1969 concerning the marketing of
            seed of oil and fibre plants and the Directives of 29
            September 1970 concerning the marketing of vegetable seed .
            and the common catalogue of varieties of species of agri­
            cultural plants .
            Proposal for a Council Directive modifying the Directive
            of 9 April 1968 concerning the Marketing of Vegetative
            Propagation Material of the   Vine
                                   Proposal for a
                              Second Council Directive
                 amending the Council Directive of 14 June 1966
                 on the marketing of forest reproductive material
  COM(73 ) 735 final
 ---pagebreak---                              Statement of motives
The application of the various directives concerning the marketing of agricul­
tural seed and of vegetable seed continuously develops new knowledge which
then requires a modification of the various directives .
This applies particularly to the matter of small packages of seed of fodder
plants and especially for the small packages described as "mixtures for turf "
as well as for certain types of seed of sugar beet and fodder beet . The
regulations concerning these small packages have , until now , been the subject
of special regulations at national levels . However , intra-community movements
having now reached a volume of some importance it is appropriate to harmonize
these regulations . Moreover , it is also appropriate to introduce procedures
controlling the sealing of packages in cases where the regulations for small
packages are a national matter . .
In the course of the application of the directive concerning seed of fodder
plants , certain difficulties have arisen concerning the levels of seeds of
other cultivated plants and of weed seeds . These two categories should be
regrouped and stricter standards applied to them . Further , the introduction
of other species , especially Phleum bertolonii , has been requested by some
delegations .
In accordance with the wishes of some delegations the requirements for the
certification of autogamous species of cereals will be allowed to be less
strict for a transitory period and also to be allowed are mixtures of stan­
dard seed of some vegetable species in small packages . Further it is
necessary to modify the minimum weight for samples of vegetable seed and to
introduce a temporary clause concerning the germination of vegetable seed .
With regard to flax , the possibility of allowing certified seed , 3rd genera­
tion should cease during 197^ i it has already been established that this
category of seed should continue to be allowed for several years to meet
the needs of the Community . For this reason it is appropriate to extend
the time allowed until 30 June 1978 .
 ---pagebreak---                                   - 2 -
Another minor modification is to the directive concerning the common
catalogue of species , of agricultural plants ; this modification will allow ^
Member States to refuse varieties which cannot be grown in any part of
                                                                               «
their territory .
Further , the modifying directives propose a radical simplification of the
procedure for modifying the annexes . Indeed , because it is essentially a
matter of applying measures of a technical nature , it is appropriate in
this case to resort to the procedure of the Permanent Committee for
Agricultural , Horticultural and Forestry Seeds and Plants .
The directives concerning the marketing of seed and plants provide that
field inspections , as well as seed and plants , controlled in third countriei
may be recognized by the Council on the proposal of the Commission when the]
are equivalent to material controlled according to Community regulations .
The same applies to the new Member States, to the extent that they have not
yet fully introduced the Community directives into their national regula­
tions . The Council has already made eight decisions on this subject . So
far as no decision has yet been made for certain third countries , these
matters of equivalence can continue to exist or be made at national level
only until 1 July 1973 « Because the checks by the Commission on all third
countries have not yet been completed , it is necessary to extend once again
the period in order to avoid disturbing current commercial trade .
Many of the proposed modifications are essentially clarifications of the
texts . ,
 ---pagebreak---               Proposal for a Council Directive modifying the Directives
              of 14th June 1966 concerning the marketing of "beet seed ,
              of seed of fodder plants , of cereal seed and of seed pota­
              toes , the Directive of 30th June 1969 concerning the mar­
              keting of seed of oil and fibre plants and the Directives
              of 29th September 1970 concerning the marketing of vegetable
              seed and the common catalogue of varieties of species of •
              agricultural plants ,                         ..,
THE COUNCIL OP THE EUROPEAN COMMUNITIES -
Having regard to the Treaty establishing the European Economic Community and ,
in particular , Article 43 thereof ,
Having regard to the proposal from the CommiissioEL .
Having regard to the opinion of the European Parliament r
Whereas , for the reasons given hereafter , certain requirements of the directives
listed below, last modified by the Directive of 6th December 1972^\ should be
modified ; the Directives of Council of 14th June 1966 concerning, respectively ,
the marketing of beet seed^^ , the marketing of seed of fodder plants^\
the marketing of cereal seed^ \ the marketing of seed potatoes^\ the Directive
of Council of 30th June 1969 concerning the marketing of seed of oil and fibre
plants^; the Directives of Council of 29thr. September 1970 concerning the
                               (7)
marketing of vegetable seed v 1 ' and concerning the common catalogue of species of
                       ( 8)
agricultural plants ^ ' ;
                                                                          • . ./• • •
( 1 ) O.J, N° L, 287 of 26th December 1972 p.22
( 2 ) O.J. N° 125 of Hth July 1966 p. 2290/ 66
( 3 ) O.J. N° 125 of 11th July 1966 p. 2298/66
( 4)  O.J. N°  125 of 11th July 1966 p. 2309/66
(5)   O.J. N°  125 of 11th July 1966 p. 2320/66
(6)   O.J. N°  L 169 of 10th July 1969 p. 3
( 7)  0«J. N°  L 225 of 12th October 1970 , p.7
( 8)  O.J. N°  L 225 of 12th October 1970 , p.l
 ---pagebreak--- Whereas it has become apparent during the course of the application of the
directives that small packages of seed of fodder plants and of beet seed are
important in intra-oommunity trade , it is appropriate to introduoe community
provisions for them. That , in addition , facilities should generally be provided
at a national level for the sealing of small packages ;      . .
Whereas , for seed of fodder plants , it is appropriate to provide community
standards fixing the levels of seed of other plants and of weed seeds     that ,
further , the species Phleum bertolonii should be brou^xt within the field of
application of the directive concerned ;
Whereas it is appropriate that in one respect the minimum standards for cereal
species should be strengthened ; on the other hand less strict requirements
for the official inspection of autogamous speoies should be authorized for a
transitory period ;
Whereas mixtures of standard seed of different varieties of certain species of *;
vegetables marketed in small packages should be authorized for a trarfitory
period ; further it is necessary to modify the minimum weights for samples of vege
table seed ;
Whereas experience of supplying flax seed oakes . it necessar7 to e-init     ..
for four further years the category "Certified seed , third generation"?
Whereas an addition should be made to the directive concerning tlio common cata-
   01  -
logue/varieties of species of agricultural plants in relation to varieties
which it has been established cannot be grown in any part of. the territory of
a Member State ;
 ---pagebreak---                                     - 3 -
Whereas certain of the above mentioned directives provide that from 1 July
1973 the equivalence of seed and plants harvested in other countries , parti­
cularly in third countries , can no longer be established nationally by
Kember States ; that , however , it has not been possible to carry out the
relevant checks in all cases , it is appropriate to extend the above mentioned
period in order to avoid disturbing current commercial relations :
Whereas the modification of the annexes of the various directives is essen­
tially of a technical nature ; it is consequently appropriate , in order to
facilitate the modification , to resort to a speedy procedure .
Whereas , finally , it is appropriate to introduce into some directives certain
corrections of a purely drafting nature .
 ---pagebreak---                                        -. li -
HiiS 1-lâDS ŒïIIS DIRECTIVE î
                          '          Article 1     <
The Directive of 14th June i960 concerning the marketing of "beet seed is modified
as follows                                <'   ■
1 . To Article 2 , paragraph 1 the following sub-paragraph is added :
    " G. Snail package 'A' : package containing certified monogerm or certified
    precision seed with a maximum net weight of 2.5 kg or a maximum number
    of 100,000 clusters or seeds ."    .
2 . The text of Article 10 paragraph 1 is replaced by the following text :
    " 1 Member States shall provide that packages of -basic seed and of certified
    seed , except for certified seed offered in small packages "A", are officially-
    sealed in such a way that , when the package is opened , the sealing device
    is damaged and oannot be replaced ,"
3 . To Article 10 the following paragraphs are added j
    " 3, Small packages 'A' shall be sealed in such a way that , when the package
    is opened , the sealing device is damaged and cannot be replaced ,
      4» Member States may provide exemptions from the requirements of paragraph 1
          for small packages other than small packages 'A' ."
4 * The. text of the introduction to Article 11 paragraph .1 is replaced "by the
    following text. :
    " 1 . Member States shall provide that packages of basic seed and of certified
          seed , except for certified seed offered " in small packages 'A'...#-..."#
5 . The text of Article 11 paragraph 2 sub-paragraph b is replaced by the following
    text :
    "b) provide for exemptions from the requirements of paragraph 1 for snail
          packages other than small packages 'A 1 ." .
 ---pagebreak--- 6 , The following articles are added, after Article 11 :
                                            " Article 11 a
    Member States shall provide that small packages 'A *
    a) shall bear on the outside a supplier 's label or printed information or a
         stamp in one of the official languages of the Community and in conformity wi'
         Annex III sub–paragraph C ; for transparent packages this label may be placed
         inside provided it can be read throughthe package ; the colour of the
         label shall be blue ;
    b ) shall bear an official sticker in conformity with Annex III sub-paragraph B ,
         in one cf the official languages of the Community and attached either to the
         outside of the package or to the supplier 's label referred to in sub-para­
         graph a); the colour of the sticker shall be blue .
                                            Article 11 b
    llember States may provide 1h<at ,on request , small packages 'A' are officially sea:
    and labelled in accor-uav.ce with the provisions of Article 10 , paragraphs 1 and i
    and Article 11 , paragraphs 1 and 2 .
                                            Article 11 o
    Member States shall take all measures necessary to ensure that the identity
    of the seed is checked in the case of small packages 'A' , especially when seed
    lots are divided . To this end , they may provide that small packages 'A' prepared
    in their territory are sealed officially or under official control ."
7 . In Article 12 the words " in Article      4" are replaced by the words : 'by this
    Directive ,"
8 . The text of Article 14 paragraph ■ is replaced by the following text :
    " 1 . Member States shall ensure that :
          - basic seed and certified seed which has been officially certified and the
            package of which has been officially labelled and sealed in accordance
            with the provisions of this directive ,
          - seed offered in snail packages 'A' which have been labelled and sealed
            in accordance with the provisions of this directive , are subject only
            to the marketing restrictions provided for in this directive with re­
                                                                              •• •/ *• •
 ---pagebreak---                                              - 6 -
           gard to their characteristics , examination procedure , labelling and
           sealing ."
 9 . Article 16 paragraph 2 is replaced by the following text ;
      " 2 . Member States may take the decisions referred to in paragraph 1 concer­
             ning a! country , in so far - as the Council has not yet announced any
             decision with regard to £he country within the framework of this direc­
             tive . This right shall expire on 1 July 197^- "
10 . The text of Article 21a is replace ! by the following text :
                                               " Article 21 a
      The modifications to be made to the content of the annexes because of the
      development of scientific knowledge or techniques shall be decided according
      to the procedure laid down in Article 21 ."
11 .. The text of Annex III is replaced by the following text :
                                              "Labelling
      A, Officiai label
           I. Prescribed information :
                 1 . E.E.C. standards, and rules
                 2 . Certification service and Member State or abbreviation
                 3 . Reference number of the lot .
                 4. Sugar beet or fodder beet
                 5 , Variety
                 6# Category
                 7 » Country of production         '                                     N
                 8* Declared net or gross weight or declared number of clusters or seeds
                 9» For monogerm seed     the word "monogerm"
              10 , For precision seed : the word"preoision"     ,
                                                                                  1
           II «Minimum dimensions
                 110 mm x 67 mm
      B, Official sticker
           Prescribed information :
           1 » - E*E<C » standards and rules
           2 « Serial number of the sticker
           3 » Certification service and Member State or abbreviation
           4 » Category
           5 » Declared net weight or declared number of clusters or seeds
                                                                             ν ···/···
 ---pagebreak---                                       - 7 -
C « Supplier 's label or information printed on the package
    Prescribed information :                                                          >.
    1 , Name and address of supplier responsible for labelling or his identification
        mark
    2 . Reference number permitting the identification of the certified lot
    3 » Sugar beet or fodder beet
    4« Variety "«                                                            •
                                       Article 2
                                                                                  ' I
The Directive of 14th June 1$66 concerning the marketing of seed of fodder plants
is modified as follows :
1 . To Artiole 2 paragraph 1 point A sub a) the words :
    "Phleum bertolonii D C.                  Timothy"
    are added after the words :
    "Phleum pratenpe L.                      Timothy ",
2 . To the end of Article 2 paragraph 1 is added the following sub-paragraph :
    "P, Small package A : package containing seed of a maximum net weight of 1 kg
        Small package B : package containing seed of a net weight greater than
                          1 kg up to a maxiun of 10 kg,"
3 . The text of Article   9 paragraph 1 is replaced by the following text :
    "1 « Member States shall provide that packages of basic seed , of certified
         seed and of commercial seed ) except for eeed of the last two' categories
          offered in" small packages /'are officially se'alfed in. such a' way that ,
         •when the package is opened , the sealing device is damaged and cannot
          be replaced ."
                                                                      •••/•*
 ---pagebreak---   To the end of Article 9 "the following paragraph is added :
  " 3 , Small packages of "certified seed" and of " commercial seed" shall "be
         sealed in such a way that , when the package is opened , the sealing
         device is damaged and cannot be replaced ."
  The text of the introduction to Article 10 is replaced "by the following
  text :
  " 1 , Member States shall provide that packages of basic seed , of certified
         seed and of commercial seed , exoept for seed of the last two categories
         offered in small packages , *« » s        .
. Article 10 paragraph 2 sub-paragraph b) is deleted. .                 -    '
  The following Articles are added after Article 10 :
                                         " Article 10 a
  1 . Member States shall provide that small packages of certified seed and
        of commercial seed :
        a) shall bear on the outside a supplier 's label or printed information
           or a starap in one of the official languages of the Community and in
           conformity with Annex IV sub-paragraph C ; for transparent packages
           this label may be placed inside provided it can be read tirrough the
           package ; the colour of the label shall be blue for certified seed and
           fcwiso fer-oorinerolal fegedj ;                          '•         •
       b) shall bear an official sticker in conformity with Annex IV sub-para­
           graph B , in one of the official languages of the Community and attached
           either to the outside of the package or to the supplier 's label referred
           to in sub-paragraph a). The colour of the sticker shall- be blue for
       - ■ certified seed and fcrora        teeeaaer&ial      " /•      - "        »
  2. The official sticker referred to in paragraph 1 ec.b paragraph b) is not
       required for mixtures of seeds intended solely for the production of- turf
        if such mixtures are offered in small packages * A * and if ..the information
       prescribed for the sticker is given by the supplier under the system of
    . labelling prescribed in paragraph 1 sub-paragraph a).
                                                                          ••♦/««•
 ---pagebreak---                                      =- 8
                                    Article 10 b
    Member States nay provide that , on request , snail packages * B' of certified
    seed are officially sealed and labelled according to the provisions of
    Article 9 » paragraphs 1 and 2 and Article 10 , paragraphs 1 and 2 .
                                    Article 10 c
    Member States shall take all measures necessary to ensure that the
    identity of the seed is checked dn the case , n-f* pnall          especially
    when seed lots are divided . To This end , they may provide that snail
    packages prepared in their territory are sealed officially or under .
    official control ."
8 . In Article 11 the words " in Article 4" are replaced "by the words " by this
    Directive"#
9 » The text of Article 13 is replaced by the following text :
    " 1 « Member States nay permit , to the extent that paragraph 2 does not
          apply , fodder plant seed to be marketed as mixtures of seed of various
           genera and species of fodder plants or as mixtures with seed of plants
          which are not fodder plants within the meaning of this Directive , pro­
          vided the various components of the mixture complied with the marketing
          rules applicable to them before being mixed .
      2 . Member States shall provide that snail packages containing mixtures
           intended solely for the production of turf may be marketed only when
          the various components complied with the marketing rules applicable to
          then before being mixed .
      3 . The provisions of Articles 8 , 9 » 10b    10c as well as those of
          Articles 10 and 10a shall spply except , however , that for mixtures the
           colour of the label and of the official sticker shall be green ."
10 . The text of Article 14 paragraph 1 is replaced by the following text :
      " l.Member States shall ensure that :
           ~ basic seed and certified seed which has been officially certified
             and the package of which has been officially labelled and sealed in
             accordance with the provisions of this Directive ;
 ---pagebreak---                                             - 10 -
      - commercial seed which has been officially checked and the package of which
         has been officially labelled and sealed in accordance with the provisions
         of this Directive j
      - certified seed and commercial seed , together with mixtures of seed inten­
         ded solely for the production of turf offered in small packages which have
         been labelled and sealed in accordance with the provisions of this Direc­
         tive , are                                                          -
      are subject only to the marketing restrictions provided for in this Directive
      with regard to their characteristics , examination procedure , labelling and
      sealing .".
  11 - Article 16 paragraph 2 is replaced by the following text :
       " 2 . Member States may take the decisions referred to in paragraph 1 concer­
             ning a country , in so far as the Council has not yet announced any
             decision with regard to the country within the framework of this direc­
             tive .    This right shall expire on 1 July 197^.".                                      ~
  12 . The text of Article 21a is replaced by the following text :
                                         " Article 21 a
       The modifications to be made to the content of the annexes because of the
       development of. scientific knowledge or techniques shall be decided accor--
       ding to the procedure laid down in Article 21 ."
  13 . The text of Annex II , part I , point 3 . sub-paragraph A is replaced by the
       following text                                                                 .
       " A.  Standards
                                 Minimum       x-laximurt    content           Maximum      Minimum
                                 svnalytical of seec I of other                content      germination
                                 purity        plants {% by weight )           of hard      {% of pure .
                                 (% by         Total        seeds of a         seed         s'eed)'
                                 weight )                   single spe­        of pure
                                                            cies               sëed )
                1                     2           3.               k   - ■     •  5                 6        "V
   a ) Gramineae     '
       Agrostis gi;?antea
       Roth                         90             2              '1 , '   ■                      80     '
       Agrostis al.spec .         '  90'           2          . ' 1                               ?5
       Alopecurus praten -          75           2,5               1                            ' 70
       sis L. Arrhenatherum
       elatius ( L. ) J.et C.        90            3  "            1                              75
       Presl                                                                            . \
       Dactyl-is gloraerata 1        90            2               1
                                                                                          \
                                                                                                  80
       Festuca arundinacea
       Schreb .                      95            2      ί        1                              80
                                                          1
                                                                                          1       β · ·/ · · ·
I
i
                                                                                          i
\                                                                                         1
 ---pagebreak---                                            - ai -
                                        85         2          ι                  75
                                        95         2                             80
    Festuca rubra L ,                   90         2                             75
    Lolium multiflorum Lam »            96         2                             75
    Lolium al , speo .                  96         2                             80
    Fhleum speo »                       95         1.5                           80
    Poa spec »                          85         2                             75
    Tri se tum flave scens
    L , Pal , Beauv ,"                  75                                       70
  b)Leguminosae
                                        95         2,5                  25       75
                                        95         1,8                  40       75
    Lut?inus speo »                     97         1          0,5       20       80
    Medicago lupulina L ,               97         1,8                  20       80
    Medioago sativa L ,                 97         1,5                  40       80
    Medicaio varia Mari;yn              97         1,5                  40       80
    Onobrvbais sativa L ,               95         2,5                  20       75
    Pisum arvense L ,                   97         1          0,5                80
    Trifolium alexandrinum L »          97         1,5                  20       80
    Trifolium hvbridum, L. .            97         1,5                  20       80
    Trifolium inoarnatun L»             97         1,5                  20       75
    Trifolium pratense L ,              97         1,5                  20       80
    Trifolium repens , var ,
    giganteum                           97         1,5                  40       80
    Trifolium repens L »                97         1,8                  20       80
    Trifoliura resupinatum L •          97         1,5                  20       80
    Trigonella foenum-graecua L ,       95         1          0,5                80
    Vioia faba                          97         1          0,5       20       85
    Vicia al , spec »                   97         1,5        1         20       85
io )Other species /
    Brassica ssp ,                      97         1,5        1                  80
!   Raphanus sativus                    95         1,5        1                  80
i   L, ssp , oleifera ( DC ) Metzg,
   V*, The text of Annex II , part I , point 3 , sub-paragraph B , sub d ) is replaced
        T?y the following text :   ■  ' '
        nd ) the percentage by weight of seed of Agronvron ret>gns and of Mellilotus shall
        not exceed , 0,5 respectively and that of seed . of Alopecurus ayosuroides shall
        not exceed 0,3 * • "
 ---pagebreak---                                               12
. 3 5 - The text of Annex II , part I , point 3 , sub-paragraph B , sub e ) is replaced
        by the following text :
         »e ) For Arrhenatherum el&tiua and Trisetum flaveseerua , the maximum content
               fixed for seed of a single species shall not apply to seed of Poa species ;
               for any one species of Poa , 1 percent of seed of another Poa species shall
               not be regarded as an impurity."
  16 . To Annex II , part I , point 3, sub paragraph B , the following sub-paragraphs
        are added :
        "g) For Medicago^sativa and Medicago vaxia Martyn, the percentage by weight
               of seed of Trifolium pretense shall not exceed 0,5 *
          h) For Lupinus , Pi sua and Vicia the percentage by weight of seed of Agrostemma
               githago shall not exoeed 0,1".
  17 . The text of Annex II, part 1 1» point 1 is replaced by the following text :
        " 1 , The percentage by weight of seed of other plant species shall not exceed
               0,2 in total and 0,1 per species ,"
  18 . To Annex II , part II the following point shall be added after point 2 :
        " 2a , : For Leeuminosae , the seed shall be . free from u Mellilotus jhowever , one
        seea         -–
     /7>f Mellilotus_ in a sample of 5 g shall not be regarded, as an impurity if a
        second sample of 10 g is free from Mp.lli lotus . "
 19 - To Annex II , part III , the text of point 1 is replaced by the following text :
        " l.The percentage by weight of seed of other plants shall not exceed the
             maximum content fixed for certified seed ( part I , point 3 , sub-paragraph A ,
             columns 3 and 4), increased each time by 1$."
 20 . The text of Annex IV is replaced by the following text :
                                           "Labelling '  ■ •• •         '
        A. Officiai label
             I , Prescribed information; _         • ' "         '  ' '
                 a) For basic seed and certified seed , except for snail packages :
 ---pagebreak---     ■    1 - E.E.C. standards and rules
         2 , Certification service and Member State or abbreviation
         3# Reference nupber of the lot
         4, Species
    ' 5 » Variety
         6 • Category
       ' 7 . Country of production
         8. Declared net or gross wsight        (
         9 . For certified seed of the second and subsequent generations from basic
             seed : the number of generations from basic seed
      10 , For. seed of grass varieties which have not been subjected to tests for
             their value for cultivation and use .in accordance with the provisions of
         , Article 4 paragraph 2 , sub a) of the Council Directive of 29th September
             1970 concerning the Common Catalogue of Species of Agricultural Plant s(l )
             "Hot intended for agricultural purposes ."
b) For commercial seed , except for small packages :
      1,     E.E.C , standards and rules
      2*     "Commercial seed ( not certified as to variety)"
      3#     Control service and Member State or abbreviation
      4,     Reference number of the lot
      5 . Species ( 2 )
      6,     Region of production       <.
      7 . . Declared net or gross weight
c ) For mixtures of seed , except for small packages the contents of which are
      intended solely for the production of turf :
      1," Mixture of seed for              ( intended use )"
             Service responsible for sealing and Member State or abbreviation
      3,     Reference number of the lot
      4,     Proportion by weight of the various components shown by' species and,where
             appropriate , by variety
      5 , " Declared net or gross weight .
   jl) Official Journal         L 225 of 12th October 1970 , page 1.
  ( 2 ) For lupins , it shall be shown whether they are bitter or sweet        •••/•• é
           lupins .
 ---pagebreak---                                            /V
    II . Minimum dimensions :
            110 mm x 67 mm
B. Official stickers
    Prescribed information             ■
    a) For Certified Seed :
          1 . E.E.C. standards and rules
        ' 2 . Serial number of the sticker
          3 , Certification Service and Member State or abbreviation
          4 . "Certified Seed"
              Declared net weirfit
    b) For commercial seed :                     -
          1 . E.E.C. standards and rules
          2 , Serial number of the sticker
          3 * " Commercial Seed"
          4. Control service and Member State or abbreviation
       ■ 5 , Declared net weight
    c ) For mixtures of seed ;                                              .
          1 » E.E.C » standards and rules
          2 . Serial number of the sticker
          3 . "Mixture for turf"
          4. Service responsible for sealing and Member State or abbreviation
          5 . Declared net weight
 C. Supplier 's label or information printed on the package
    Prescribed information
    a) For small packages of certified seed and of commercial seed :              '
          1 . Hai.ie and adress of the supplier responsible for labelling or his identi­
              fication mark                               ..   .
          2 . Reference number for the identification of the certified lot
          3 . Species
          4« For certified seed : Variety     ».
 ---pagebreak---                                     -2L5- -
b) For small packages of mixtures of seed intented solely for the production
    of turf
    l s Name and address of the supplier responsible for labelling or his iden­
         tification mark
    2 » Reference number for the identification of the certified lot , where
          appropriate .  ' ' ''
    3 . Proportion by weight of the various components shown by species and ,
          where appropriate , for packages larger than 5 kg , by variety ."
                                    Article 3
The Directive of 14th June 1966 concerning the marketing of cereal seed is
modified as follows :
1 * To artiole 2 paragraph 2 the following sub-paragraph is added :
    "d) be authorised , on request and according to the procedure laid down
    in Article 21 , to officially certify seed of autogamous spaoies as " certified
    seed , 1st generation" or"certified seed , 2nd generation" until 31st December
    1978 at "the latest
    - if,instedd of the official field inspection prescribed in Annex I , a field
       inspection is initiated officially checking at random at least 20$ of the
       crops of each speoies ;
    - if , in addition to the basic seed , at least the two generations of pre-
                                  1
       basic seed immediately preceding the basic seed , have been found at offi­
       cial examinations carried out in the Member State concerned , to conform
       to the requirements for basio seed prescribed in Annexes I and II for iden­
       tity and varietal purity ;
    - if the application of this procedure has been requested ."
2 . To Article 9 "the following paragraph is added :
    "3a Member States may allot* exemptions from the requirements of paragraph 1
          for small packages ."
3 » Article 16 paragraph 2 is replaced by the following text :
     " 2 . Member States may take the decisions referred to in paragraph 1
           concerning a country , in so' far as the Council has not yet
           announced any decision with regard to the country within the
           framework of this directive .    This right shall expire on 1 July
           197if ."
                                                                              • • •/• • •
 ---pagebreak---                                     - 16 -
    The "text of Article 21a is replaced by the following text :
                                      "Article 21a
    The modifications to "be made to the content of the Annexes because of the
    development of scientfio knowledge or techniques shall "be decided according
    to the procedure laid down in Article 21"®
5 . In Annex II point 3 sub-paragraph A, the number "98" in column 5 for basic
    seed of oats , barley , wheat and spelt , is replaced by the number " 99"»
6 . To Annex II point 3 , the following sub-paragraph is added :
    MD» Details concerning the maximum content of seed of other cereal species
    Where the maximum content is fixed in sub-paragraph A at 1 seed , a second
    seed shall not be counted as an impurity if a second sample of 5^0 S is
    free from ; seeds of other cereal species ".
                                   Article 4
The Directive of 14th June i960 concerning the marketing of seed potatoes is
modified as follows :      ■                                /
1# To Article 9 "the following text is added :          . ,       <               ■
    " 3 » Member States may allow exemptions from the retirements of paragraph 1
    for small packages ",
2 . In Article 15 paragraph 2 the date 1 July 1973 is replaced by the
     date 1st July 197^ •             '        "
3 . The Text of Article 19a is replaced by the following text :
                                 V "Article . 19a
    Modifications to be made to the content of the annexes because of the
     development of scientific knowledge or techniques shall be decided
     according to the procedure laid down in Article 19 "» ■
                                                                       • ••/» » •
 ---pagebreak---                                       - 17 -
                                    Article 5
The Directive of 30th June 19°9 concerning the marketing of seed of oil and
fibre plants is modified as follows :
1 . In Article 2 and in Annex II , part I , point 2 , sub-paragraph A the words
    "Soia hispida L. " are replaced each time by the words "Glycine max ( L. )
    Merrill ".
2 . In Article 2 , paragraph 2 sub c ) the date of "30th June 197^ is replaced
    by the date of "30th June 1978 ".
3 - To Article 9 the following text is added :
    " 3 « Member States may allow exemptions from the requirements of paragraph 1
          for small packages."'
k . Article 16 paragraph 2 is replaced by the following text :
    " 2 . Member States may take the decisions referred to in paragraph 1
          concerning a country , in so far as the Council has not yet announced
          any decision with regard to the country within the framework of this
          directive . This right shall expire on "l July 197 ^- "
5 - The text of Article 20a is replaced by the following text : .
                                    " Article 20a
The modifications to b b made to the content of the annexes because of the
development of scientific knowledge or techniques shall be decided according ,
to the procedure laid down in Article 20 ".
                            \,·         -        ,
                                    Article 6
The Directive of 29th September 1970 concerning the marketing of vegetable
seed is modified as follows :
1 . In Article 11 , paragraph 2 , first sentence , of the German text the words
    "bettreffend ihre Verwendung " are deleted .
2 . In Article 11 , paragraph 2 , first sentence , of the French text the words
    " concernant son utilisation " are deleted .
3 . In Artide 11 , ps.ragraph 2 , first sentence , of the Italian text the words
    "in loro possesse riguardanti la sua utilizzazione " are deleted .
 ---pagebreak---                                      - 18 -
    In Article 11 , paragraph 2 , first sentence , of the Danish text the
    words "med henblik pa dans anvendelse " are deleted .
5' In Article 22 , paragraph 2 , first sentence , of the English text the
    words " in respect of use " are deleted .
6 . To Article 2k the following paragraph is added :
    " 3 » Member States may allow the marketing of mixtures of standard seed
          of different varieties of Lactuca sativa L. and of mixtures of
          standard seed of different varieties of Raphanus sativa L. in small
          packages not exceeding 50 g provided that the words "mixture of
          varieties " and the names of the varieties making up the mixture are
          shown on the package ."
                                                                                  I
7 . Article 33a , as follows , is added after Article 33 5
                                   " Article 33a
    According to the procedure laid down in Article 10 , Member States may
    be authorised to allow the marketing in their territory of seed
    harvested before 1 July 1973 which does not fully conform to the
    requirements for germination prescribed in annex II if such isee'd is
    specially labelled .    This authority is granted only until 1 July 1973 ".
8 . The text of Article *fOa is replaced by the following text :
                                                                               i
                                   "Article *fOa
    The modifications to be made to the content of the annexes because of
    the development of scientfic knowledge or techniques shall be decided :
    according to the procedure laid down in Article 40 ."                        . :
                                                                         N          ' « -
                                                                           • Ρ ·/ · β
 ---pagebreak---                                         •1 19 -
  9 *» The text of Annex III point 2 is replaced "by the following text :
  "2 . Minimum weight of a sample
                        Species                                   Weightfin g)
  Allium cepa                                                        25
  Allium Tjorruni                                                    20
  Anthriscus eerefolium                                              20
  Apiun} graveolens                                       ;   .      .5 '
  Asparagus officinalis                                             100
  Beta vulgaris                                                     100
  Brassica oleracea                                       !          25
  Bras ai na. rapa                                      !            20
  Cans j o.upi                                                       40
  Çiohorium intybus                                     !
                                                        )
                                                                     15
  Cichorium endivia
  Citrullus vulf;aris                                               250
  Cucumis melo                                          !
                                                        J
                                                                    îoo
  Cucumis Eativus                                           :        25   .
  Cucurbita pepo                                                    150
  Daucus carota                                                      10
  Poeniculuin vnlsrare                                !              25      ■
  Lao±uoa_sa±lxa-                                                    10
  Petroselinum hortense •                                            10
  Phaseolus Goccineus                                              1000
  Phaseolus vula-aris                                               700
  Pi sum s at ivum                                                  500
  EaDhanus_ . s ai ivus                                              50
  Scorzonera hispánica                                  i            30
  Solanum lycppersicum                                  !            20
  Solanum melongena                                                  20
  Spinacia oleracea                                                  75
  Valerianella locusta                                               20
  Vicia faba '                                                     1000
In the case of F. 1 hybrid varieties of the above species , the minxmum weight
of ^lie''sample may be decreased to a quarter of the above weight . However the sample
must have a weight of at least 5 g and consist of at least ^00 seeds .
 ---pagebreak---                                          - 120 -
                                        article 7
    The directive of 29th September 1970 concerning the Common Catalogue of
    Varieties of Species of Agricultural Plants is modified as follows :
1 . In Article 10 , paragraph 2 , first sentence of the Dutch text the word
    " ervan " is replaced by the words "voor hun gebuik ".
     The text of Article 15 paragraph 3 sub-paragraph c ) is replaced by the
     following text :
     "c ) if it has been established , on the basis of official field trials carried
    out in the Member State making the request under the provisions of Article 5i
    paragraphe 4 applied by analogy , that the variety does not , in any part of
     its territory , correspond to - the results obtained by another comparable variety
    registered in the territory of the Member State concerned or , if it is well
    known that the variety is not suitable for cultivation in any part of its
    territory ,"
                                          Article 8
   Member States shall bring into force the laws , regulations or administrative
   provisions necessary to comply :
   a) by 1st July 1975 at the latest , with the provisions of Article 1 except for
       point 3 in which Article 10 paragraph 4 is added and except for point 9 »
       but also with the provisions of Article 2 points 2 to 10 and 19 ;
   b ) by 1st July at the latest , with the other provisions of this Directive#
                                          Article 9
   This Directive is addressed to Member States ,
   Done at Brussels                                          For thé Council
   on                                                        The Chairman
 ---pagebreak---      Proposal for a Council Directive modifying the Directive of
     9th April 1968 concerning the Marketing of Vegetative Propa­
                     gation Material of the Vine
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community
and , in particular , Article kj thereof­
                 « •   v '•>                                            ..
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Whereas , for the reasons given below , modifications should be made to certain
provisions of the Council Directive of 9th April 1968 concerning the marketing
of vegetative propagation material of the vine ( 1 ), as modified by the Direc«
tive of 22nd March 1971 ( 2 ) ;
Whereas certain regions benefit from particular conditions more favourable
for the development of propagation material , it is1 appropriate to give to
the Member State concerned, the possibility to allow exemptions to the length
of the propagation material in its production and marketing . in its territory j
Whereas , because the application of the directive may cause difficulties for
the importation into some Member States , some of them requiring the importer
to supply different particulars , these particulars should be harmonized ;
Whereas the modifications to the annex are intended essentially to permit
the application of the directive and , as proof ,, should be submitted to the
procedure of the Permanent Committee :
                                                                           • •/ * •
( 1 ) Official Journal No . L 93 of 17th April i960 , page 15
( 2 ) Official Journal No . L 71 of 25th March 1971 , page 16
 ---pagebreak--- Whereas the growing of vines and the marketing of propagation material may |
be of minimal economic importance in a Member State , such a Member State
should have the possibility not to apply most of the provisions of the direc.'
tive ,                                                                           !
                                                                                 1
HAS ADOPTED THIS DIRECTIVE :
                                    Article 1
The Council Directive of 9th April 1968 concerning the marketing of vegeta­
tive propagation material the vine is modified as follows :
                                    Article 2
1 . To Article 3 » paragraph k is added the following sub-section :
      "c ) authorise Member States , by exemptions from the provisions of Annex I]
      part III point 1/B and point 2/B , to reduce the given minimum lengths of
      the propagation material for the production and marketing in certain terri
      tories if this authorisation is justified by the particular growing condi­
      tions ."-
                                    Article 3
1 . Article 11 becomes Article 11 paragraph 1 .
2 . To Article 11 is added the following paragraph :
      " 2 . Member States shall take all necessary measures to ensure that the
      following information is given at the time of marketing propagation
       material of the vine originating in another Member State or a third
        country :
      a) Species
      b ) Variety ( botanical designation )
      c ) Category .
  . d ) Nature of the propagation "material
      e ) Country of production and controlling authority
    • f ) Country of dispatch
      g ) Name of the importer ■
      h ) Quantity of the material
 ---pagebreak--- According to the procedure laid down in Article 17 the methods by which this
information shall be supplied may be prescribed ."
                                  Article k
The text of Article 17a is replaced by the following :
                                 "Article 17 a
The modifications to be made to the content of the Annexes because of the
development of scientific knowledge or techniques shall be decided according
to the procedure laid down in Article 1 7 "«
                                  Artide 5
The text of Article 18 a i3 replaced by the following :
                                  "Article lô a
According to the procedure laid down in Article 1", a Member State may , at
its request , be allowed to dispense completely or partially wiih the obliga­
tion to apply this directive with the exception , however , of the requii'ements
of Article 12a and 12 paragraph 1 to the extent that the growing of vines
and the marketing of propagation material of the vine are of minimal economic
importance in their territory ."
                                  Article 6
Member States shall bring into force the laws , regulations or administrative
provisions necessary to comply with the requirements of this directive by
1 July 1971* at the latest .
                                  Article 7
                                                                     \
This Directive is addressed to Member States .
Done at Brussels , on                                       For the Council
 ---pagebreak---                            STATEMENT OF MOTIVES
The Council Directive of     June 1966 on the marketing of forest reproductive
material established certain common rules with regard to the genetic value
of reproductive materials able to be marketed in the Community . A certain
number of modifications has proved to be necessary , in particular for the
following reasons :
The development of forestry in the intervening period has permitted the intro­
duction of a new category of reproductive material , which offers certain
guarantees of genetic superiority .
Therefore the materials complying with the requirements fixed by the
Directive of 1966 will be designated "selected reproductive material " while
the materials complying with the requirements of the new category will be
designated " tested reproductive material ".
The basic material of the latter must have undergone comparative trials in
accordance with uniform rules .
In order to facilitate intercommunity trade it is desirable to establish a
common catalogue of basic materials officially approved in the member States ,
conforming with the patten already agreed for agricultural crops and vegeta­
bles .
The Directive of 1966 did not affect the right of Member States to take
measures to restrict marketing under certain circumstances .
There is a need to adapt this system to rules applicable in analogous sectors
and consequently to subject this freedom of the member States to a community .
procedure .
The basically technical provisions of the annexes must be capable of adapta­
tion to new scientific and technical knowledge by a more appropriate proce­
dure .
 ---pagebreak---         .                                                          ^529/VI/72-E
Proposal for a Second Council Directive amending the Council Directive of
14 June 1966 on the marketing of forest reproductive material
THE COUNCIL OF: 'THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , .
and in particular Article k3 thereof ;
Having regard to the proposal from the Commission ;        •
Having regard to the Opinion of the European Parliament j
Whereas for the reasons hereinafter stated it is necessary to amend certain
provision ^ of the Council Directive of 14 June 1966 ( l ) on the marketing of
forest reproductive material ,       last amended by the iDirsctiv© of l8 February
1969 ( 2) ?
Whereas forest reproductive material marketable in the Community should be
divided into two categories , " selected reproductive material " and "tested
reproductive material ", material which satisfies the requirements of the
Directive of l'f June 1966 constituting the first category, the second
                                                                           F  -
comprising only material shown by comparative tests to be genetically superior
Whereas poplar cultivation has increased so greatly that it is advisable to
restrict the marketing of poplar reproductive material to "tested reproductive
material " only 5                                                      v '
Whereas the official approval of basic material for the production of "tested
reproductive material " must be effected in the Member States in accordance
with uniform rules which are as strict as possible , and whereas the lay-out
and management of comparative tests and the interpretation of the results
thereof are an essential element in these common rules :       ■ !   ]
                                                                             • • •/ • • •
(1 ) OJ No 125 , 11 July 1966 , p . 2326/66
( 2) OJ No IA8 , 26 February 1969 I p » 12
 ---pagebreak---                                                                    t\529/VI/72-E
Whereas comparative tests take a long time to yield definitive results ,
and whereas Member States may in certain circumstances approve basic
material for the production of "tested reproductive material " if the
provisional results of the tests in hand warrant this {
Whereas comparative tests are at present being conducted in some Member
States in a manner which may differ from that provided for in this
                                                                    \
Directive , and whereas it is necessary to authorize such Member States ,
as a transitional measure and subject to certain conditions , to make
use of the results of such tests }
Whereas it is desirable , in order to facilitate trade within the Community ,
to publish in the Official Journal of the European Communities a common
catalogue of basic material officially approved for the production of
forest reproductive material ;
Whereas each Member State should be able to obtain precise information on
forest reproductive material coming from other Member States or from third ,
countries ;
Whereas dif ficulties-have been encountered by various Member States
importing reproductive material because each State requires the importer,
to give different information f whereas the information required should
therefore be harmonized ;
Whereas any restrictions which Member States consider imposing on > the
marketing of forest ■ reproductive material should be .subject to Community
procedure ensuring close cooperation between Member States and the
Commission ;              •
Whereas basically technical amendments to the Annexes should be facilitated
by an expeditious procedure ;
Whereas certain improvements and clarifications should be made to the
Directive of l*f June 1966 ;
HAS ADOPTED THIS DIRECTIVE :                                  •
 ---pagebreak---                                        - 3 -                         H529/VI/72-E
                                      Article 1
  The Council Directive of 14 June 1966 ton the marketing of forest
  reproductive material is hereby amended as provided on the Articles
  which , follow .
                                      Article 2 .
  Article 2 is amended as follows :
  1 , In paragraph 1(a ) the words "produced by sexual means " are inserted ,
      after the words " forest reproductive material ".
  2 . The text of; paragraph 1(b ) is replaced by the following :
      "( b ) Vegetative reproductive material derived from POTJUIUS species ".
  3 « The first' part of paragraph 2 is . replaced by the following :
      "2 . Member States shall remain -free to make reproductive material of
            other species and the reproductive material of the species listed
            in paragraph 1(a ) produced by vegetative means and poplar
            reproductive material produced by sexual means subject in whole
            or in part to the principles of this Directive
                                      Article 3
  Article 3 is amended as follows :
  1 . The text of section A(b ) is replaced by the following :
      "( b ) Parts of plaints : cuttings , layers , roots and scions intended
             for the production of plants , but not sets " J .
■ 2 . The text of section A(c ) is Replaced by the following :
      "( c ) Young plants : plants raised by means of seeds or parts of plants
             also includes sets and natural regeneration ;"
  3 . The text. o,f ^ection B is replaced by the following : "              1
      "( a ) Stands and seed orchads , in the case of: reproductive material
             produced by sexual means ;
       ( b ) Clones and groups of clones , in the case of reproductive material
             produced by vegetative means ".
 ---pagebreak---                                        - H -                       4529/VI/72-E
    After section B the following sections are inserted :
    " Ba . Selected reproductive material : material derived from basic                >
           , material officially approved in accordance with Article 5 ?
      Bb » Tested reproductive material : material derived from basic
             material officially approved in accordance with Articlte 5b ."
    The text of section C is replaced by the following :
    " C. Seed orchard : an plantation established and managed in such a way
          as to improve the quality or     quantity of the seeds produced , and
          to facilitate harvesting ; which is sufficiently isolated to avoid
          pollination from outside sources } other characteristics may be
          fixed in accordance with the procedure laid down in Article 17 * "
6 . After section C the following section         is inserted :
    " Ca . Satisfactory valufe for use : the genetic characteristics , taken
             as a whole , showing a distinct improvement for forestry purposes
          , as compared to standards selected in accordance with Annex II ,
           . at least for cultivation in the region in which those standards
             are generally used ."
7 « The text of section F is replaced by the following :
    "F. Region of provenance ;
      . . For a species , subspecies or distinct variety , the area or group
          of areas subject to sufficiently uniform ecological conditions on
          which are found stands showing similar phenotypic or genetio
          characters .
          The region of provenance of reproductive material produced in a
          seed orchard is that of the basic material used for the establish­
          ment of the orchard ."
8 . After section F the following section         is inserted J "
    "Fa . Marketing : display with a view to sale , offering for sale or
             delivery to another person .
                                                                              • */ • •
 ---pagebreak---                                          - 5 -                            b529/VI/72-E
                                         Article H'
   Article 4 is amended as follows :
   1 . The text of paragraph 1 es replaced by the following :
       "1 . The Member States shall provide that reproductive material
             - of the species listed in Article 2(1 ) ( a ) may not be marketed
                unless it is " selected reproductive material " or " tested
                reproductive material "
             - of theqjecies specified in Article 2(1 ) ( b ) may not be marketed
                unless it is " tested reproductive material ."
   2 . Paragraph 3 is deleted .
                                         Article 5
   The text of Article 3 is replaced by the following :
                                         " Article 5
   The Member; States shall provide that only basic material whose qualities
   are such as to make it suitable for reproductive purposes and which has
   no characteristics undesirable for forestry may be officially approved
   for the production of selected reproductive material .          Approval shall
■ be conditional upon satisfaction of the minimum requirements laid down
   in Anhex I. "                               ■   r
                                . -      Article 6                               .
 - The following Article , is added after Article 5 >
                                         " Article 5a
   In the case of basic material , intended for the production of selected
   reproductive material , the Member States shall delimit regions of '
   provenance defined by means of administrative oi* geographic boundaries
   and . where applicable , by altitudinal boundaries .          •   '
        •*' V ;                        ■ "Article 5b   --                   '  ' "
   1 . The Member States shall provide that only basic material whose
       progeny possess satisfactory value for use may be officially ap^ro.ved
       for the production of "tested reproductive material ".
 ---pagebreak---                                                                  4529/VI/72-E
    Satisfactory value for use shall be assessed by means of comparative
    testing . The conduct of the comparative tests shall satisfy the minimum
    requirements laid down in Annex II .
2 . The characteristics to be covered as a minimum by the examinations of
    the various species shall be fixed in accordance with the procedure :
    laid down in Article 17 «
                                    "Article 5c
1 . The Member States shall draw up descriptions of the test sites in which
    they examined value for use where such trials have led to the approval
    of basic material .  Descriptions shall give all relevant information
    for each site , in particular , full details about the ecological condi­
    tions prevailing in the regions in which they are situated .
2 . The form in which such descriptions shall be drawn up shall be determi­
    ned in accordance with the procedure laid down in Article 17 . •
3 » These descriptions and any alterations made to them shall be sent
    forthwith to the Commission which shall communicate them to the other    -
    Member States .
                                    "Article 5d
Member States may , during a maximum period of 10 years , officially approve ,
in all or part of their territory , basic material for the production of
"tested reproductive material " where , from the provisional results of
comparative tests , it can be assumed that the basic material will , when
 tests have been completed , satisfy the requirements for definitive official
 approval .                          '
                                    " Article 5e
Member States may, . for . a maximum transitional period of 10 years
following the date set in Article 21 of the Second Council Directive
which amends this Directive , use , for the purpose of officially approving
basic material for the production of "tested reproductive material ", the
results of comparative tests carried out before that date , provided that
the comparative tests prove' that the progeny of the basic material possess
satisfactory value for use .
 ---pagebreak---                                          7 -                        ^529/VI/72-E
Member States may , under the procedure : laid down in Article 17 , "be
authorised to use the results of comparative tests after expiry of
the above-mentioned transitional periode "
                                    Article 7
The text of Article 6 is replaced by the following :
                                    " Article 6
1 . Each Member State shall establish lists of the basic material of the
    various species officially approved in its territory .       Basic material
    for the production of " selected reproductive material " ahd basic
    material for the production of " tested reproductive material " shall
    be entered separately in these lists .
2 . The form in which such lists shall be drawn up shall be determined
    in accordance with the procedure laid down in Article 17 .
3 . These lists and any alterations made to them shall be sent forthwith
    to the Commission which shall communicate them to the other Member
 •  States ."
                                    Article 8
Article 7 is deleted .
                                    Article 9
Article 8 is amended as follows :
                                                           ■               i" -
1 . The text of paragraph 1(a ) is replaced by the following :
    "( a ) Species and , where applicable , subspecies *.    variety * clone ;"
2 . The text of paragraph 1(c ) and ( d ) is replaced by the following :
    "( c ) Region of provenance     for. " selected reproductive material " ;
      ( d ) Basic material" - for "tested reproductive material'' ,;"      .,
3 . In paragraphe 1(e ) the words "indigenous or non-indigenous " are
    deleted .
k . Paragraph 2 is deleted .
                                    Article 10
The text of Article 9 is replaced by the following :
 ---pagebreak---                                        «w O  +*                       **529/VI/72-E
                                      "Article 9
1 . The Member States shall provide that reproductive material may be
     marketed only in consignments which conform to the requirements of
     Article 8 and are accompanied by a label or document established by
     the supplier giving the criteria set out above as well as the
     following information t
     ( a)     botanical name of the reproductive material ;
     (b )     name of supplier responsible : for the lot ;
     (c)      quantity ;
     ( d)     in the case of "tested reproductive material " whose basic material
              was approved under Article 5d , the words "provisionally approved".
     The colour of the label shall be green in the case of "selected
     reproductive material " and blue in the case of " tested reproductive
     material ".
2 . Member States may also require that , in the case of "tested
     reproductive material " supplementary information concerning the basic
     material be given on the above-mentioned document or label ."
                                      Article 11
Article . 11(2 ) is deleted .
                                      Article 12
Article 12 is amended as follows :
1 . In the first sentence of paragraph l t . the words "Annex II " are
     replaced by the words "Annex III ".
2 * The text of paragraph 1(a ) and ( b ) is replaced by the following :
   - "( a ) Region of provenance for "selected reproductive material " ;
       ( b ) Identity for "tested reproductive material "."
            i
3 . Paragraph 2 is deleted .
 ---pagebreak---                                                                  4529/VI/72-E
                                     Article 13
The text of Article 13 is replaced by the following :
                                      "Article 13
1 . The Member States shall ensure that , as from 31 December of the
    second year following approval , reproductive material derived from
    basic material officially approved in accordance with the provisions
    of this Directive is subject to no marketing restrictions as to its
    genetic characteristics .
2 . Upon application by a Member State , which will be dealt with as
    provided in Article 17 , that State may be authorized to prohibit
    after the date set in paragraphe 1 the marketing in all or , part of
    its territory of reproductive material derived from specific basic
    material .
3 « The authorization provided for in paragraph 2 shall be granted only
    where there is reason to believe that use of reproductive material
    derived from specific basic material would have an adverse effect
    on forestry in that Member State ."
                                     Article 14
The following Articles are added after Article 13 !                      t
                                     ."Article 13a   . ,        ■ , .
The Commission shall , on the basis of the information supplied by' the
Member States and as this is received ,- publish in the Official'- Journal
of the European Communities under the title "Common Catalogue of Basic
Material for Forest Reproductive Material " a list of the basic material
of which the derived reproductive material is subject to no marketing
restrictions under Article 13 « The published notice shall indicate any
Member States which have received authorizations under Article 13(2 ).
                         ::      >•' "Article 13b
1 . The Member States shall ensure that , as regards the measures taken
    to guarantee its identity , reproductive material is subject to no
    marketing restrictions other .than those laid down in this Directive .
         ■'           ■"      1-         * *j      -                       m # # /. . .
 ---pagebreak---                                          10 -                        4529/VI/72-E
 2 . The Member States shall take all measures necessary to ensure that
     when forest reproductive material coming from another Member State
     or from a third country is marketed , the following information is
     given to the competent authority :
     ( a ) Nature of produce
     ( b ) Species and , where applicable , subspecies , variety , clone
     ( c ) Category
     ( d ) Country of production and official control authority
     ( e ) Region of provenance – in the case of "selected reproductive
           material "
            Country of dispatch
     ( g ) Importer
     ( h ) Quantity of reproductive material
     Detailed rules for the supply of such information may be adopted
     under the procedure laid down in Article 17 »
                                    Article 15
The text of the second subparagraph of Article 15(1 ) is replaced by
the following :
" In the case of reproductive material of any one of the categories
provided for in Article 4 , the colour of the label shall be that
provided for the corresponding category ; in all other cases it shall be
brown .           Where the reproductive material in question satisfies less
stringent requirements , the documents required under Article 9(1 ) shall
in all cases state that fact ." ■             .
                                    Article lb ' "
The following Articles are added after Article 16 :
                                    "Article 16a   .
Any adjustments to the Annexes to bring them into line with current
scientific technical knowledge shall be adopted tinder the procedure laid
down in Article 17-
                                    " Article lbb
This Directive shall not apply to young plants which are shown to be
intended mainly for purposes other than those of forestry ."
                                                                             • • •/ •
 ---pagebreak---                                          - 11 -                      4529/VI/72-E
                                      Article 17
The following Article is added after Article 17 t •
                                      "Article 17a
Save as otherwise provided in Articles 13 , and 13b(l ), this Directive
shall be without prejudice to the provisions of national laws justified
on grounds of the protection of health and life of humans , anioals or plants
 or the protection of industrial and conacrcial property ."            .
                                      Article 18
Annex I is amended as follows
1 . The title is replaced by the following :                   ,
    "Minimum requirements for the approval of basic material intended for the
    production of "selected- reproductive material ".
2 . In Part B the words " conservation seed orchards " are in all instances
    replaced by the words " seed orchards ".
3 . The text of Part C is replaced by the following :
                                      " C. CLONES
    Items *t ,        7 and 9 of Part A shall apply ."
                                      Article 19
The following Annex is added after Annex I :                       ,
                             ' ' - ;- "ANNEX' II   •
Minimum requirements for the comparative tests for the approval of basic
material intended for the production of "tested reproductive material ".
1 . General
    1.1 Comparative tests for the approval of basic material are to be
          prepared , laid out , conducted and their results interpreted in such
          a way as to give an objective comparison , both as between the
          materials under test and with one or preferably several pre-chosen
          standards.» . .. .  •                      . .
    1.2 All care is to be taken to ensure that the reproductive material
          under test , including the standards , is representative' of the basic
        • material being studied .. . ..                 -               ;
 ---pagebreak---                                   - 12 -                        ^29/VI/72-E
1.3 If during tests it is proved that the reproductive material under
    test does not possess at least the identifying characteristics of
    its basic material and adequate resistance to iarmful' organisms
    economic importance , then such material must be immediately
    eliminated . '
Setting ut> the Tests
2.1 Reproductive material under study is to be raised in nurseries and
    planted in the trials in a replicated random layout enabling the
    possible causes of variation to be checked : - genetic characteris­
    tics , environment , interactions * error .
2.2 Each experimental unit is to contain a sufficient number of trees
    in order that the individual characteristics of each material under
    examination can be evaluated precisely , including if relevant its
    resistance to competition .
2.3 As far as possible , each test shall comprise five lots of reproduc­
    tive material , including the standards , each lot representing one _
     basic material .
Management of Trials
3.1 The reproductive material under study , including the
    standards , are to be treated as seeds or rooting cuttings , as root
    stocks , in the nursery and in the plantation right through to the
  , end of the experiment in an identical way , in particular              . ?
    as concerns the treatment of seeds , of cuttings and of young plants ,
    transplanting techniques in the nursery and at final transplanting ,
    when cultivating the soil , as regards fertilizing , spacing , thinning ,
    phyto-sanitary treatment , pruning and all other methods and techni­
    ques of culture and husbandry .
3.2 As concerns thinning , the methods used , should take . into account, the
    vigour of each reproductive material .                        ,
Selection and Harvesting of Reproductive Material for Testing , including
Standards
^.1 The basic material of the reproductive material for testing is to be
    ( i ) well defined as regards provenance , constitution , composition and
       ^ isolation against foreign pollen ;                                 /
 ---pagebreak---                                          - 13 -                      4529/VI/72-E
      Cii )- of such age -and development that reasonable stability of the
     . .       main features of the offspring can be expected -.
b.2 Sexual reproductive material for testing is to be :
         ( i ) harvested in years of good flowering and good fruit setting , as JLong
               as no artifitial pollinieatioo h§i3 been carried out ;
         ( ii ) harvested by methods that ensure that the samples obtained
                are representative .
k.J Vegetative reproductive material under testing is to originate from
       a single individual by vegetative means .
q-.Jf Standards should if possible have been used over a sufficiently
       long period in the region in which the test is to be carried out .
       They represent , in principle , materials that       at the timfe that the
        test starts , have been shown useful for forestry and in the ecolo­
       gical conditions for which it is proposed to approve the material .
       They should come as far as possible from stands selected according
        to the criteria in Annex I        or from basic material officially
       approved for the production of tested material .
k.5 In the case of sexual reproductive material , clones multiplied by
        cuttings or layers or progenies from controlled pollination could
    . equally be used as standards .
k.6 Whenever possible several standards are to be used .
       Vhen absolutely necessary , the standard may be replaced by the most
        suitable of the material under test ..
Characteristics to be examined             -
5.1 The caracteristics to- be examined are to be : . ,
       - identifying characteristics , in- the . ckse of basic material of the
             material for 'examination '          ••
        - behavioural characteristics
        - production characteristics
 ---pagebreak---                                    - 1k -                           4529/VI/72-E
5*2 As regards behavioural arid production characteristics ! weight shall
    usuallgfbj^given to growth , adaptability and resistance "tor armful orge-
   /econoraic importance . In addition , other characteristics , considered
    important in view of the economic objective sought , shall be consi­
    dered and evaluated in relation to the ecological conditions of the
    region in which the test is carried out .
Analysis of results and evaluation
6.1 The identifying characteristics of the basic material of material
    for examination shall be entered , in sufficient detail , on a
    descriptive sheet .
6.2 The results of the tests as to behavioural and production characte­
    ristics are to be presented in the form of numerical data and
    separately for each characteristic assessed pursuant to 5»2 . These cha­
    racteristics are evaluated individually .
6.3 The analysis shall result for each behavioural and production
    characteristic and for each environment studied in a classification
    showing the values of each reproductive material (means and eventually
    intra-material variance ) .
    The significance level of differences is to be shown . The difference
    in both absolute and relative , terms is to be expressed - a® - far . as
    possible as genetic gain ^. relative .to." the standard . 'It is significant if
    it reacher at least 95..% - < ■                                             -
         ♦ «
    The age of reproductive material from sowing to the moment at which
    the character is evaluated shall be indicated.'
6,k Tests of behavioural and production characteristics must demonstrate
    a significant superiority as .compared with the standards for at
    least one of the characteristics assessed pursuant ;to 5*2 .
    Where significant superiority is found for only one characteristic
    the values of at least two other characteristics leaated under 5.2 .
    mu-at at least achieve th-e - average values '. of t$j>e* standards £oir these
    ftwO j eharact eri sties .
 ---pagebreak---                                        - 15                         k529/VI/72-E
          It will be clearly reported, 'if. there are any characteristics
          assessed pursuant to 3 * 2 which ,,are significantly inferior to
          those of the standards . However , it may be stated that their
          effects are compensated for by favourable characteristics .
    6.5 When the aim of the test is to approve reproductive material
          with reference to a characteristic which is essential for survival
          under extreme ecological conditions , equality to the average value
          of the standards for the other characteristics is no longer requi­
          red .
    6.6 The methodology used for the test and the detailed results obtained
          are to be made freely available to anybody .
7 • Early Tests
    The results of
  / Nursery tests and laboratory tests are acceptable as valid early tests
    if it can be proved that there is a close correlation between the
    results shown in the early tests and subsequent stages of development
    of the material , which is important for the assossment of the characte­
    ristics .
                                     Article 20
Annex II is amended as follows :
1 . The Annex is entitled "Annex III ".
2 . In item 2 , the words "genus and" are deleted .
3 • The following item is added after item 2 :
    " 2a Category - selected reproductive material/tested reproductive
                     material      :                                     ".
b . The texts of items 3 and k are replaced by the following :
    "3 - For selected reproductive material :
          Region of provenance :
      4 . For selected reproductive material :
          Origin :
5 . Footnote 2 is deleted .
 ---pagebreak---                                      - 15 . -                      if5î9/VI/72-S
                                  . Article 21
                                       ι
   The Member States shall ^ not ' latei* : than 1 July 197% bring into force
   the lews , ' regulations or administrative provisions necessary to comply
   with this Directive .
                                    Article 22                            >
This Directive is addressed to the Member States .
Done at Brussels ,                    19                   For the Council*
                                                           The President .
                                                                             1