CELEX: 51985PC0707
Language: en
Date: 1985-12-06
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING VARIOUS DIRECTIVES ON SEEDS AND PROPAGATING MATERIAL IN VIEW OF THE ACCESSION OF SPAIN AND PORTUGAL

3 1 . 12. 85                                 Official Journal of the European Communities                                    No C 349/37
                 Proposal for a Council Directive amending various Directives on seeds a n d propagating material in
                                               view of the accession of Spain and Portugal
                                                           COM(85>     707 final
                                 (Submitted  by the Commission    to the Council on 12 December            1985
                                                             (85 C 3 4 9 / 0 7 )
THE COUNCll Or THE EUROPEAN I OMMUNH IES.                                      plant species (s         as   last  amended   bv    Directive
                                                                               80 1141 EEC '
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 4 3                              Council Directive 7 0 / 4 5 8 / E E C of 29 September 1970
thereof.                                                                       on the marketing of vegetable seed ( " ) , as last amended
                                                                               by Directive 8 0 / 1 1 4 1 E E C ;
Having regard to the proposal from the Commission,
                                                                         Whereas Bermuda grass, Harding grass (Phalans), s o r g h u m ,
Having regard to the opinion of the European Parliament,                 Sudan grass, safflower, gourd and cardoon are important
                                                                         species for the production of agricultural or vegetable plants
Whereas the Council has established, by means of various                 in the enlarged C o m m u n i t y and should therefore be included
Directives, a regime applicable to the marketing of seeds and            in the scope of the said Directives;
propagating material;
                                                                         Whereas, in order to m a k e it possible to take the necessary
Whereas, in respect of Portugal, a transitional regime
                                                                         steps to develop a system of compulsory varietal certification
applicable in this field has been specified in the Act of
                                                                         of seed of local varieties of lucerne, fodder kale and fodder
Accession of Spain and Portugal;
                                                                         radish, Spain should be authorized, in respect of such seed, to
                                                                         postpone application of the obligation imposed by Directive
Whereas, in respect of Spain, adaptations should be made to
                                                                         66 401 EEC to market exclusivelv seed which has been
the following Directives during the interim period in
                                                                         officially certified as "basic seed' or 'certified seed';
accordance with the conclusions of the Conference:
— Council Directive 66 401 E E C of 14 June 1966 on the
                                                                         Whereas the d e m a n d for cotton seed in the enlarged
      marketing of fodder plant seed ('}, as last amended by             Community is such that Directive 6 9 / 2 0 8 / E E C should be
      Commission Directive 8 5 / 3 8 / E E C {'),                        amended to allow the marketing of certified c o t t o n seed of
                                                                         the second generation;
— Counc.l Directive 66 4 0 2 E E C of 14 June 1966 on the
      market ng of cereal seed ';, as last amended bv Directive
      81  56;    E E C * ,                                               Whereas, in order t o permit Spain to take the necessary steps
                                                                         to adapt its seed and propagating material production and
— Council Directive 68 193 E E C of 9 April 1968 on the                  marketing to the requirements of the catalogue of varieties set
      marketing of material for the vegetative propagation of            up in the Community system, it is expedient to allow Spam to
      the vine ' , as last amended bv Commission Directive               postpone the implementation of certain provisions relating to
      82 331 EEC " .                                                     the national catalogue of vine varieties, the C o m m o n
                                                                         catalogue of Varieties of Agricultural Plant Species and the
— Council Directive 69 208 E E C of 30 June 1969 on the                  C o m m o n Catalogue of Varieties of Vegetable Species, either
      marketing of seed of oil and fibre plants " , as last              entirelv or in respect of certain species.
      amended bv Commission Directive SI 859 KEC 8 .
— Council Directive 7 0 / 4 5 7 / E E C of 29 September 1970
     on the common catalogue of varieties of agricultural                HAS ADOPTED THIS DIRECTIVE:
      OJ  No  125. II. ". 1966. p. 2298 66
      OJ  No 1. 16. 19. 1. 1985, p. 41.
      OJ  No  125. 11. ". 1966, p. 2.509 66.
      OJ  No 1 20 5. 2 V" 7 . 1981. p. 52.
      OJ  No I. 9?. 17. 4. 1968. p. 15.
      OJ No  1 148. 2". 5. 1982. p. 47.                                        OJ No I 225. 12. 10. 1970, p 1
      Of No  I 169. H) -. 1969. p. V                                           OJ No 1 141. 16 12. 1980, p. 2"
      OJ  No I IS?. 18. 12. 1982. p. 31.                                       OJ No I 225, 12 10. 1970. p. ".
 ---pagebreak--- N o C 349/38                                            Official J o u r n a l of the European C o m m u n i t i e s                                      31. 12.85
                                                                                  \rttde 1
           Directive 66 401 F E ( is hereby amended as follows
            1    In Article 2 J                 (A) ( a \
                 "( \nodon              dai t\hn      I    Per>                                            Bermuda grass*
                 is inserted after
                   \rrht-natht-mm                t-latms   I     Beam     ex ) ct k       Presl            Tall oatgrass'
                 and
                  VKiUrn             itt noptsrj      HJ>. kt I                                            Harding grass, Phalans
                 is inserted after
                 'I ttlium          \ hxbruium         Hjuakn                                              H v b n d ryegrass*.
            2    The following paragraph is inserted after Article 3 I
                 "la 11mil U December IVR9 Spain may be authorized, in accordance with the procedure laid
                 dow n in \rticle 2 1 . to prov ide tor exceptions to paragraph 1 in the case of seed of Meduago                                  satwa,
                 Brj-suj             U/CMCIU i i i H u r att'pbala and Raphanm,                 minus
             i    In Annex II I 2 A , the following is inserted after \rrhenatherutn                                      elatius and I ahum            x
                  h\hrulum               rtspeOivelv
                                          i                    :     \       4     s       h      -     H   v    in ii    u       n          14      is
                   I \n<,i.'           IutMon              "0    i          9H    J 0     1,1)  I).', (>.?                0    1) |  k        2
                   iiiii
                   /'» I !'•         I, >!, I 1, r l         "•>   |         4h    I 1     I I)  lit   U {                  ll  II |   k      20
            4     In Annex II II 2 A , the following is inserted after Arrhenatherum                                       elatius and Lohum            x
                  h\bndum                respectively
                                                 i                           :          i           4       <           f,           -             s
                   (     m , J , „ ; JMtilon                               OS        2 0 .1         1       1      1                               'g
                   I'hjUns          >/, m,f,ti rj                          0.1       20             y       y          s                            g
             > In Annex ill. the following is inserted after \rrhenatberum                                 elatius and Loltuni           \     hvbrtdum
                  respectively
                   I     'io.ii >i i i, t\l<>n                                     in                       >o                             s
                   PhaLtn*          stenttptera                                    10                      100                            50'
                                                                                  A rth If 2
            Directive 66 402 F F ( is hereby amended as follows
               1      In Article 2 (1) (Ai,
                     'Sorghum bnolor I                     Moemh                                           Sorghum
                     Sorghum sudanense Piper Stapt                                                         Sudan grass*
                     is inserted after
                      Setale tereale L                                                                     Rye*.
 ---pagebreak--- 31. 12. 85                               Official Journal of the European Communities                             No C 349/39
            2. In Article 2(1) (B), 'and Sorghum spp.' is inserted after 'maize'.
            3. In Article 2(1) (D), 'Sorghum spp.' is inserted after 'maize'.
            4. The following paragraph is added to Article 2:
               'lb. The different types of varieties, including the component, eligible for certification under the
               provisions of this Directive may be specified and defined in accordance with the procedure laid
               down in Article 21.'
            5. Former Article 2 (lb) and (lc) become 2 (lc) and (Id) respectively.
            6. In Article 2 (2) (E), 'Sorghum spp.' is inserted after 'canary grass'.
            7. In Annex 1 (2), the following is inserted before the table:
               'and in particular, in the case of sorghum, from sources of Sorghum halepense'.
            8. In the table in Annex 1 (2), the following is inserted before the line of Zea mais:
                'Sorghum spp.                                                     400 m'.
            4. In the first and second paragraphs of Annex I (3), and in the introductory wording of the third
               paragraph, 'Sorghum spp.' is inserted in each case before 'Zea mais'.
           10. In the third paragraph of Annex I (3), the following is added:
               'C. Sorghum spp.
                    (a) the percentage by number of plants of a sorghum species other than the crop species or
                         plants which are recognizable as obviously not being true to the inbred line or to the
                        component shall not exceed:
                         (aa) for the production of basic seed
                                 (i) at flowering                                 0,1 %
                               (ii) at maturity                                   0,1 %
                         (bb) for the production of certified seed
                                (i) plants of the male component which have shed pollen when the plants of the
                                     female component have receptive stigmas 0,1 %
                               (ii) plants of the female component
                                     — at flowering                                0,3 %
                                     — at maturity                                 0,1 %
                    (b) the following standards or other conditions shall be satisfied for the production of
                         certified seed:
                         (aa) sufficient pollen shall be shed by the plants of the male component while the plants
                               of the female component have receptive stigmas
                         (bb) where plants of the female component have receptive stigmas, the percentage of
                                plants of that component which have shed pollen or are shedding pollen shall not
                               exceed 0,1 %'.
           11. In Annex I (5) (B) (b), 'Sorghum spp.' is inserted in each case before 'Zea mais'.
           12. In Annex II (1), first and second sentences, 'Sorghum spp. and' is inserted at each case before
               'Zea mats'.
           13. In Annex II (1) (B), 'Sorghum spp. and' is inserted before 'Zea mais'.
 ---pagebreak--- No C 349/40                                Official Journal of the European C o m m u n i t i e s                                      11. 12. 85
          14. In Annex II (2) (A), the following is inserted after the line of Secale                     cereale:
                                       1                     2         ?      4    I  5          6        7        8       9     10
                 'Sorghum    spp.                           80        98      0    |        i
                                                                                   1        !
           15. In Annex III, the following is inserted after the line of Oryza                    sativa:
                                       (                 |             2           !              1                        4
                 Sorghum    ipj>.                                     10                      1 000                      900'
           16. Annex IV (A) (a) (5) is replaced by the following:
                 '5. Variety; in the case ot varieties (inbred lines, hybrids), which are intended solely as
                      components for hybrid varieties, the word 'component' shall be added.'
           17. In Annex IV (A) (a) (9), 'of maize' is deleted.
                                                                    Article 3
           Directive 6 8 / 1 9 3 / E E C is hereby amended as follows:
           The following sentence is added to Article 5:
           'With regard to Spain, "31 December                 1 9 7 1 " referred to above is replaced by "28 February
            1986".'
                                                                    Article 4
           Directive 6 9 / 2 0 8 / E E C is hereby amended as follows:
            1. In Article 2 (1) (A),
               'Carthamus tine tortus L.                                                       Safflower'
               is inserted after
               'Cannabis     sativa L.                                                         Hemp".
          2. In Article 2 ( 1 ) (C), 'cotton' is deleted and 'safflower' inserted after 'dioecious hemp'.
           3. In Article 2 ( 1 ) (D), 'cotton' is inserted after 'soya'.
          4. In Article 2 ( 1 ) (E), 'cotton' is inserted after 'soya'.
          5. In Article 3 (1), 'Carthamus         tinctorius   L.' is inserted after 'Cannabis          sativa  L.\
          6. In column 1 of the .ble in Annex I (2), 'Carthamus                 tinctorius'    is inserted after Cannabis       sativa
               other than monoecious hemp'.
          7. In Annex I (3), 'Carthamus          tinctorius'   is inserted after 'Cannabis           sativa'.
          8. In Annex II (1) (2) (A), the following is inserted ;>fter the line of Cannabis                      sativa:
                  ..._               •               T7TT"                '     < 1.            7       H   1 9
                                                                                                            1
                                                                                                                      10     11   12
                  harthamus    tinctorius              1 75      98             5 1 0         0(c)          i                    (e)'
                                                       1 1                                                               1
 ---pagebreak--- 3 1 . 12. 85                                  Official Journal of the European Communities                              No C 349/41
             9. In Annex III, the following is inserted after the line Cannabis       satwa:
                                      1
                                                                             1
                                                                             1
                 'Carthamus tine tortus                            10        !       900
                                                                  Article 5
             Directive 7 0 / 4 5 7 / E E C is hereby amended as follows:
             1. The following sentence is added to Article 3 (3):
                 'With regard to Spam, "1 July 1972" and "30 June 1980" referred to in the first sentence are
                 replaced by "1 March 1986" and "31 December 1990" respectively in respect of the following
                 species:
                 Agrostis      stolonijera
                 Agrostis tenuis
                 Phleum pratense
                 Poa pratensis
                 Hedysarum          coronarium
                 Lotus      corniculatus
                 Lupinus        angustifolium
                 Lupinus luteus
                 Onobrychis vie it folia
                  Tri folium      alexandrinum
                  Tri folium     pratense
                  Vicia villosa
                 Brassica napus var.         napobrissica
                 Brassica oleracea eonvar. acephala
                 Raphanus satirus ssp. oleifera
                 Arachis      hypogaea.'
             2. The following sentence is added to Article 15 (1):
                 'With regard to Spain, "1 July 1972" referred to in the first sentence is replaced by "1 March 1 9 8 6 "
                 in respect of varieties other than those which are officially included in the catalogue of that
                 Member State on 1 March 1986 and which are also included on that d a t e in the catalogue of one or
                 more of the Member States of the C o m m u n i t y of Ten, without prejudice to the particular
                 provisions applicable to certain species referred to in paragraph 5, second and third sentences, of
                 this Article.'
             3. The following sentence is added to Article 16:
                 'With regard to Spain, "1 July 1972" referred to in the first sentence is replaced bv "1 March
                  1986".'
             4. The following sentence is added to Article 17:
                 'With regard to Spain, "1 July 1972" referred to in the first sentence is replaced by "1 March
                  1986"'
                                                                  Article 6
             Directive 7 0 / 4 5 8 / E E C is hereby amended as follows
               1. In Article 2 (1) (A),
                   'Cucurbita    maxima      Duchesne                               Gourd'
                   is inserted after
                   'Cucumis    sativus    L.                                        C u c u m b e r , gherkin'
                   and
                   'Cynara cardunculus        L.                                    Cardoon'
                   is inserted after
                   'Cucurbita    pepo    L.                                         Marrow'.
              2. In Article 2 (1) (F) (b), 'gourd' is inserted after 'water melon'.
 ---pagebreak--- No C 349/42                             Official Journal of the European Communities                                 31. 12. 85
            3. The following sentence is added to Article 9(1):
                'With regard to Spain "1 July 1972" and "30 June 1975" referred to in the first sentence is replaced
                by "1 March 1986" and "31 December 1988" respectively in respect of the following species:
                Apium graveolens
                Beta vulgaris var. esculenta
                Brassica oleracea
                Cichorium endivia
                Cucurbita pepo
                Petroselinum crispum
                 Phaseolus coccineus
                 Rap banns sativus
                Scorzonera bispanica.'
            4. The following sentence is added to Article 9 (2):
                'With regard to Spain, "1 July 1972" and "30 June 1980" referred to in the first sentence are
                 replaced by "1 March 1986" and "31 December 1993" respectively in respect of the species
                 referred to in the last sentence of paragraph 1.'
             5. The following sentence is added to Article 9 (3):
                 'With regard to Spain, "30 June 1975" and "1 July 1972" referred to above are replaced by "31
                 December 1988" and "1 March 1986" respectively in respect of the species referred to in the last
                 sentence of paragraph 1.'
             6. The following sentence is added to Article 12 (1):
                 'With regard to Spain, "1 July 1970" referred to in the second sentence is replaced by "1 March
                  1986".'
             7. The following sentence is added to Article 16 (4):
                 "With regard to Spain, "1 July 1972" referred to in the first sentence is replaced by "1 March
                  1986".'
             8. The following sentence is added to Article 26 (2):
                 'With regard to Spain, "1 July 1970" referred to in the first sentence is replaced by "1 March
                  1986".'
             9. In Annex II (3) (a), r^e following are inserted after the lines of Cucumis sativus and Cucurbita
                 pepo respectively:
                 'Cucurbita maxima                            98                  0,1                  80'
                 and
                 'Cynara cardunculus                          96                  0,5                  65'
           10. In Annex III (2), the following are inserted after the lines of Cucumis sativus and Cucurbita pepo
                 respectively:
                 'Cucurbita maxima                       250'
                 and
                 'Cynara cardunculus                      50'
                                                            Article 7
           Member States shall take the necessary steps to comply with the provisions of this Directive with effect
           from 1 March 1986, subject to the entry into force of the Treaty of Accession of Spain and
           Portugal.
                                                            Article 8
           This Directive is addressed to the Member States.