CELEX: 51993PC0598
Language: en
Date: 1993-11-26
Title: Proposal for a COUNCIL DIRECTIVE amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of cil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species

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           A"*»   COMMISSION OF THE EUROPEAN COMMUNITIES
           ^^S^!^                                               C0M(93)  598final
                                                                Brussels, 26 November 1993
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                                                Proposal for a
                                              COUNCIL DIRECTIVE
                    amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC,
                         69/208/EEC, 70/457/EEC and 70/458/BEC on the marketing   of
                     beet seed, fodder plant seed, cereal seed, seed potatoes, seed of
                         oil and fibre plants and vegetable seed and on the common
                            catalogue of varieties of agricultural plant species
                                        (presented by the Commission)
i
 ---pagebreak---                                   A
                                EXPLANATORY MOTE
Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC,
70/457/EEC and 70/458/EEC lay down the conditions under which seed of beet,
fodder plant, cereal, potatoes, oil and fibre plants and vegetable may be
marketed within the Community and the conditions for inclusion in the Common
Catalogue of varieties of agricultural plant species.
Various provisions in the directives enable Member States to derogate
unilaterally from certain provisions In the directives.   With a view to the
proper functioning of the internal market, it is now considered appropriate to
amend or repeal these provisions in order to remove any actual or potential
barriers to trade which may hinder the free movement of seeds within the
Community.   The main purpose of this proposal is to bring about this end and
also to enlarge the scope of the existing directives to cover also the
production, and, where appropriate, the use of seed.
In addition, in the light of experience and of scientific and technical
developments, the proposal clarifies and updates various provisions in the
existing directives.   It also establishes a legal basis to take account of
developments in the areas of genetically modified varieties, novel food and
novel food ingredients and chemically treated seed.
Subsidiarity
a) What are the objectives of the measure in relation to obligations with
   which the Community is charged?
   To ensure compatibility with the single market concept and the removal of
   actual or potential barriers to trade in an already harmonised area of
   legislation.
 ---pagebreak---                                      - 2 -
b) Does the measure arise from an area where there is exclusive Community
   competence or where competence is shared with Member States?
   Exclusive Community competence.
c) What forms of action are at the disposal of the Community?
   Further regulation in an already harmonised area.
d) Is uniform regulation necessary or would a directive imposing general
   objectives suffice, leaving execution to be carried out at Member State
   level?
   Uniform regulation is necessary.
The proposal would have little or no impact on small or medium-sized
enterprises.
 ---pagebreak---                                        - 2 é*-~
                                COUNCIL DIRECTIVE
                                         of
     amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC,
          69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing   of
      beet seed, fodder plant seed, cereal seed, seed potatoes, seed of
           oil and fibre plants and vegetable seed and on the common
              catalogue of varieties of agricultural plant species
THE COUNCIL OF 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 Commission1,
Having regard to the Opinion of the European Parliament2,
Having regard to the Opinion of the Economic and Social Committee3,
Whereas, for the reasons given below, the following Directives on the
marketing of seed and propagating material should be amended:
    Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet
    seed4, as last amended by Directive 90/654/EEC5,
    Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder
    plant seed6, as last amended by Directive 92/19/EEC,7
    Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal
    seed8, as last amended by Directive 93/2/EEC9,
    Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed
    potatoes10, as last amended by Directive 93/3/EEC",
1
    OJ  No  C
2
    OJ  No  C
3
    OJ  No  C
    OJ  No  125, 11.7.1966, p. 2290/66.
    OJ  No  L 353, 17.12.1990, p. 48.
    OJ  No  125, 11.7.1966, p. 2298/66.
    OJ  No  L 104, 22.04.1992, p. 61.
    OJ  No  125, 11.7.1966, p. 2309/66.
    OJ  NO  L 54, 05.03.1993, p. 20.
    OJ  No  125, 11.7.1966, p. 2320/66.
    OJ  No  L 54, 05.03.1993, p. 21.
 ---pagebreak---                                        - 3 -
     Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed
     of oil and fibre plants12, as last amended by Directive 92/107/EEC13,
     Council Directive 70/457/EEC of 29 September 1970 on the common
     catalogue of varieties of agricultural plant species14, as last amended
    by Directive 90/654/EEC,
    Council Directive 70/458/EEC of 29 September 1970 on the marketing of
    vegetable seed15, as last amended by Directive 90/654/EEC;
Whereas, in the context of the functioning of the internal market, it is
necessary to amend or repeal certain provisions in the said Directives in
order to remove any actual or potential barriers to trade which may hinder
the free movement of seeds within the Community; whereas, to this end, any
possibilities for Member States to derogate unilaterally from the
provisions of the said directives should be removed;
Whereas, for the same reasons, the scope of the said directives should be
enlarged to cover the production, marketing and, where appropriate, the use
of seed;
Whereas it should be possible under specified conditions to place on the
market bred seed of generations prior to basic seed and seed as grown;
Whereas Member States making use of derogations still permitted under the
said directives should assist each other administratively as regards
control; whereas, the use of such derogations is without prejudice to the
provisions of Article 8a of the Treaty;
Whereas the conditions under which Member States may authorise small
quantities of seed for tests, scientific purposes or selection work to be
placed on the market should be determined by the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture and Forestry;
    OJ  No L 169, 10.7.1969, p. 3.
    OJ  No L 16, 25.01.1993, p. 1.
    OJ  No L 225, 12.10.1970, p. 1.
    OJ  No L 225, 12.10.1970, p. 7.
 ---pagebreak---                                       - 4 -
 Whereas, in certain cases, the Standing Committee on Seeds and Propagating
 Material for Agriculture, Horticulture and Forestry should determine
whether packages of basic or certified seed should bear a supplier's label;
Whereas, in the case of certain species of seed covered by Directive
 66/401/EEC it should be permitted to certify seed of the first and second
generation;
Whereas, in the case of seed covered by Directive 66/401/EEC, Member States
should be permitted under certain conditions to authorise their own
producers to place on the market fodder plant seed in the form of mixtures;
Whereas in the case of certain species of seed covered by Directive
66/402/EEC Member States should be permitted to restrict the certification
of seed to that of the first generation;
Whereas the minimum size of seed potatoes which may be placed on the market
under Directive 66/403/EEC should be changed and a legal basis established
to enable the maximum variation in size of seed potatoes to be increased in
the future; whereas a provision in respect of separation, for plant health
reasons, of seed potatoes from other potatoes should be introduced;
Whereas in the case of seed covered by Directive 70/457/EEC seed should be
capable of being freely marketed within the Community two months after
publication in the common catalogue;
Whereas in the case of mixtures of certain species covered by Directive
70/458/EEC the conditions under which they may be placed on the market
should be determined in accordance with the procedure of the Standing
Committee on Seeds and Propagating Material for Agriculture, Horticulture
and Forestry; whereas in respect of the same directive the provisions on
the renewal of the official acceptance of certain varieties should be
adapted in order to avoid disturbing current practices of marking packages;
 ---pagebreak---                                       - 5 -
Whereas, in the light of experience, it is useful to clarify and update
 certain provisions in the abovementioned Directives;
Whereas, in the light of scientific and technical developments, it is now
possible to breed varieties through genetic modification; whereas,
therefore, when determining whether to accept genetically modified
varieties under Directives 70/457/EEC and 70/458/EEC, Member States should
have regard to any risk related to the deliberate release into the
environment; whereas, furthermore, a legal basis to establish the
conditions under which such genetically modified varieties may be marketed
should be introduced;
Whereas, in the light of scientific and technical developments, it is
proposed to regulate at Community level the marketing of novel food and
novel food ingredients; whereas, therefore, it is appropriate for Member
States also to have regard to any food health risks when determining
whether to accept varieties under Directives 70/457/EEC and 70/458/EEC;
whereas, furthermore, a legal basis should be established to take account
of these developments;
Whereas, in the light of scientific and technical developments, a legal
basis to establish the conditions under which chemically treated seed may
be marketed should be introduced;
Whereas it is desirable to ensure that genetic resources are conserved and
a legal basis to that end should be introduced;
HAS ADOPTED THIS DIRECTIVE:
                                  Article 1
Directive 66/400/EEC is hereby amended as follows:
1.   Article 1 is replaced by the following:
     "This Directive shall apply to the production with a view to marketing,
     the marketing and, where appropriate, the use of beet seed within the
     Community."
 ---pagebreak---                                      - 6 -
2. Article 3(1) is replaced by the following:
    "The Member States shall provide that beet seed may not be placed on
   the market unless it has been officially certified as "basic seed" or
   "certified seed".
3. Article 3(3) is repealed.
4. The following article is inserted after Article 3:
                                "Article 3a
   Notwithstanding the provisions of Article 3(1) Member States shall
   provide that
        bred seed of generations prior to basic seed and
        seed as grown, marketed for processing, provided that the identity
        of the seed is ensured
   may be placed on the market."
5. The following sentence is added at the end of Article 4:
   "Member States making use of the derogation provided for in either
   paragraph (a) or (b) above shall assist each other administratively as
   regards control."
6. The following article is inserted after Article 4:
                                "Article 4a
   1.   Notwithstanding the provisions of Article 3(1) Member States may
        authorise producers on their own territory to place on the market
        small quantities of seed for tests, scientific purposes or
        selection work.
   2.   The conditions under which Member States may grant such
        authorizations may be determined in accordance with the procedure
        laid down in Article 21."
7. Article 10(4) is repealed.
 ---pagebreak---                                      - 7 -
8.  Article 11(2) is repealed.
9.  In Article lla(l)(a) the words "the label shall be blue in colour" are
    replaced by the words "the label shall be white in colour for basic
    seed and blue in colour for certified seed;".
10. In Article lib the word "certified" is deleted.
11. In Article lie the word "certified" is deleted.
12. Article 12(1) is replaced by the following:
    "In accordance with the procedure laid down in Article 21 it may be
    provided that in cases other than those already provided for in this
    Directive, packages of basic or certified seed of any kind should bear
    a supplier's label (which may either be a label separate from the
    official label or take the form of suppliers' information printed on
    the package itself). The particulars to be provided on any such label
    shall also be established in accordance with the procedure laid down in
    Article 21."
13. Article 14(1) is replaced by the following:
    "1. Member States shall ensure that seed which is placed on the market
        under the provisions of this Directive, whether mandatory or
        discretionary, shall not be subject to any marketing restrictions
        as regards their characteristics, examination requirements,
        marking and sealing other than those laid down in this or any
        other Community Directive."
14. Former Article 14(2)(a) becomes Article 14(2).
15. Article 14(2)(b) is repealed.
16. Article 14(2)(c) is repealed.
 ---pagebreak---                                        - 8-
 17. Article 14(3) is repealed.
 18. The following article is inserted after Article 14:
                                  "Article 14a
     The conditions under which bred seed of generations prior to basic seed
     may be placed on the market under Article 3a, first indent, are as
     follows:
     a)   it has been officially controlled by the competent certification
         authority in accordance with the provisions applicable for the
         certification of basic seed;
     b)  it is packed in accordance with the provisions of this Directive,
         and
     c)  the packages bear an official label giving at least the following
         particulars:
               certification authority and Member State or their
               distinguishing abbreviation,
               lot reference number,
         -     month and year of sealing,
               month and year of the last official sampling for the purposes
               of certification,
               species, indicated at least in roman characters, under its
               botanical name, which may be given in abridged form and
               without the authorities' names, or under its common name, or
               both; indication whether sugar beet or fodder beet,
               variety, indicated at least in roman characters,
         -     the description "pre-basic seed",
               number of generations preceding seed of the category
               "certified seed".
         The label shall be white with a diagonal violet line."
19. Article 15(2) is replaced by the following:
     "2. Beet seed which has been harvested in the Community, and which is
         intended for certification in accordance with the provisions laid
         down in paragraph 1, shall
 ---pagebreak---                                      - 9 -
              be packed and labelled with an official label satisfying the
              conditions laid down in Annex IV(A) and (B), in accordance
              with the provisions laid down in Article 10(1), and
              be accompanied by an official document satisfying the
              conditions laid down in Annex IV(C).
        This provision shall not apply to the marketing of small
        quantities of such seed in the same local administrative area."
20. Article 17 is replaced by the following:
    "1. In order to remove any temporary difficulties in the general
        supply of basic or certified seed that occur in the Community and
        cannot be otherwise overcome, it may be decided in accordance with
        the procedure laid down in Article 21 that Member States shall
        permit, for a specified period, the marketing throughout the
        Community, of seed of a category subject to less stringent
        requirements, or of seed of varieties not included in the "Common
        Catalogue of Varieties of Agricultural Plant Species" or in the
        national catalogues of varieties of the Member States; the
        marketing shall be confined to purposes of use of the seed by
        growers of beet who are affected by those difficulties in all or
        part of the Community.
     2. For a category of seed of any given variety, the official label
        shall be that provided for the corresponding category; in all
        other cases it shall be that provided for commercial seed. The
        label shall always state that the seed in question is of a
        category satisfying less stringent requirements.
        The Member States shall ensure that official labels are issued
        only for the amount of seed permitted for marketing pursuant to
        paragraph 1.
        The Member States concerned shall monitor the proper use of the
        seed permitted for marketing pursuant to paragraph 1.
     3. Rules for the application of paragraph 1 may be adopted in
        accordance with the procedure laid down in Article 21."
 ---pagebreak---                                      - 10 -
21. Article 19(1) is replaced by the following:
    "1. Member States shall ensure that official inspections are carried
         out in relation to the marketing and, where appropriate, use of
         beet seed, at least by random checks, to verify compliance with
         the requirements of this Directive."
22* Article 19(2) is replaced by the following:
    "2. Without prejudice to the free movement of seed within the
         Community, the Member States shall take ail necessary measures to
         ensure that the following particulars are presented during the
        marketing of quantities exceeding 2 kg of seed:
         (a)  species,
         (b)  variety,
         (c)  category,
         (d)  country of production and official control authority,
         (e)  country of dispatch,
         (f)  importer,
         (g)  quantity of seed.
    The manner in which these particulars must be presented may be
    determined in accordance with the procedure laid down in Article 21."
23. The following article is inserted after Article 22:
                                "Article 22a
    Specific conditions may be established according to the procedure laid
    down in Article 21 to take account of developments in the areas of
    (a) conditions under which chemically treated seed may be marketed;
    (b) the conservation of genetic resources."
24. In Annex 111(B)(8) the words "certified seed" are replaced by the word
    "category".
 ---pagebreak---                                       - 11 -
                                   Article 2
Directive 66/401/EEC is hereby amended as follows:
1.  Article 1 is replaced by the following:
    "This Directive shall apply to the production with a view to marketing,
    the marketing and, where appropriate, the use of fodder plant seed
    within the Community."           •>
2.  Article 2(1)(C) is replaced by the following:
    "C. Certified seed: seed of all the species listed under (A) above
         other than Lupinus spp., Pisum sativum and Vicia spp.,
         a)   which has been produced directly from basic seed or, if the
               breeder so requests, from seed of a generation prior to basic
               seed which have been found by official examination to satisfy
              the conditions laid down in Annexes I and II for basic seed;
         b)   which is intended for the production of plants;
         c)   which, subject to the provisions of Article 4(b) satisfies
              the conditions laid down in Annexes I and II for certified
               seed, and
         d)   which has been found by official examination to satisfy the
              abovementioned conditions.
3.  The following paragraph is inserted after Article 2(1)(C):
    "Ca.   Certified seed, first generation (Lupinus spp., Pisum sativum and
           Vicia spp.): seed
           a) which has been produced directly from basic seed or, if the
              breeder so requests, from seed of a generation prior to basic
               seed which can satisfy and has been found by official
              examination to satisfy the conditions laid down in Annexes I
              and II for basic seed;
           b) which is intended either for the production of seed of the
              category "certified seed, second generation" or for purposes
              other than the production of seed of fodder plants;
           c) which satisfies the conditions laid down in Annexes I and II
               for certified seed; and
           d) which has been found by official examination to satisfy the
              abovementioned conditions."
 ---pagebreak---                                      - 12 -
 4.  The following paragraph is inserted after Article 2(l)(C)(Ca):
     "Cb.  Certified seed, second generation (Lupinus spp., Pisum sativum
           and Vicia spp.) seed:
           a) which has been produced directly from basic seed, from
              certified seed of the first generation or, if the breeder so
              requests, from seed of a generation prior to basic seed and
              which can satisfy and has been found by official examination
              to satisfy the conditions laid down in Annexes I and II for
              basic seed;
           b) which is Intended for purposes other than the production of
              seed of fodder plants;
           c) which satisfies the conditions laid down in Annexes I and II
              for certified seed; and
           d) which has been found by official examination to satisfy the
              abovementioned conditions."
5.  In Article 2(1)(G) the words "basic seed" are inserted before the words
    "certified seed".
6.  Article 2(lc) is repealed.
7.  Former Article 2(ld) becomes Article 2(lc).
8.  In Article 3(1) the words "and unless it satisfies the conditions laid
    down in Annex II" are deleted.
9.  Article 3(2) is repealed.
10. Former Article 3(3) becomes Article 3(2).
11. Former Article 3(4) becomes Article 3(3).
12. Article 3(5) is repealed.
 ---pagebreak---                                     - 13 -
13. The following article is Inserted after Article 3:
                                "Article 3a
    Notwithstanding the provisions of Article 3(1) Member States shall
    provide that
    -   bred seed of generations prior to basic seed and
        seed as grown, marketed for processing, provided that the identity
        of the seed is ensured
    may be placed on the market."
14. The following sentence is added at the end of Article 4:
    "Member States making use of the derogation provided for in either
    paragraph (a) or (b) above shall assist each other administratively as
    regards control."
15. The following article is inserted after Article 4:
                                "Article 4a
    1.  Notwithstanding the provisions of Article 3(1), Member States may
        authorise producers on their own territory to place on the market
        small quantities of seed for tests, scientific purposes or
        selection work.
    2.  The conditions under which Member States may grant such
        authorizations may be determined in accordance with the procedure
        laid down in Article 21."
16. Article 9(4) is repealed.
17. Article 10(2) is repealed.
18. Article 10b is replaced the following:
    "Member States may provide that, on request, small EEC B packages of
    seed are sealed and marked officially or under official supervision
    according to Articles 9(1) and 10."
 ---pagebreak---                                       - 14 -
19. Article 11 is replaced by the following:
    "1. In accordance with the procedure laid down in Article 21 it may be
         provided that Member States may require, that in cases other than
         those provided for in this Directive, packages of basic seed,
         certified or commercial seed, whether the seed has been produced
         in their own territory or Imported, should bear a supplier's label
          (which may either be a label separate from the official label or
         take the form of suppliers' information printed on the package
         itself) or that seed lots complying with the special conditions
         concerning the presence of Avena fatua laid down according to the
         procedure provided for in Article 21, should be accompanied by an
         official certificate attesting compliance with these conditions.
      2. The particulars to be provided on any such supplier's label shall
         also be established in accordance with the procedure laid down in
         Article 21."
20. Article 13(2) is replaced by the following:
    "Notwithstanding paragraph 1 Member States may authorize their own
    producers to place on the market fodder plant seed in the form of
    mixtures intended for the production of fodder plants provided that
         such mixtures contain seed of plant species listed in Council
         Directives 66/401/EEC, 66/402/EEC or 69/208/EEC, but excluding
         those varieties referred to in Article 4(2)(a) of Directive
         70/457/EEC
    -    the various components of the mixture complied, before mixing,
         with the marketing regulations applicable to them and
         providing it is proved that such mixtures are to be used only in
         an area where the current agronomic practice would justify such
         use. In so far as this area is outside the authorizing Member
         State's territory, such authorization is subject to approval by
         the Commission acting in accordance with the procedure laid down
         in Article 21.
    Other conditions under which such an authorization may be granted may
    be determined under the procedure laid down in Article 21."
 ---pagebreak---                                       - 15 -
21. Article 14(1) is replaced by the following:
     "1. Member States shall ensure that seed which is placed on the market
         under the provisions of this Directive, whether mandatory or
         discretionary, shall not be subject to any marketing restrictions
         as regards their characteristics, examination requirements,
         marking and sealing other than those laid down in this or any
         other Community Directive."
22. Former Article 14(la) becomes Article 14(2).
23. Article 14(2) is repealed.
24. Article 14(3) is repealed.
25. The following article is inserted after Article 14:
                                 "Article 14a
    The conditions under which bred seed of generations prior to basic seed
    may be placed on the market under Article 3a, first indent, are as
    follows:
    a)   it has been officially controlled by the competent certification
         authority in accordance with the provisions applicable for the
         certification of basic seed;
    b)   it is packed in accordance with the provisions of this Directive,
         and
    c)   the packages bear an official label giving at least the following
         particulars:
              certification authority and Member State or their
              distinguishing abbreviation,
              lot reference number,
              month and year of sealing,
              month and year of the last official sampling for the purposes
              of certification,
              species, indicated at least under its botanical name, which
              may be given in abridged form and without the authorities'
              names, in roman characters,
 ---pagebreak---                                     - 16 -
             variety, indicated at least in roman characters,
             the description "pre-basic seed",
        -     number of generations preceding seed of the category
              "certified seed".
        The label shall be white with a diagonal violet line."
26. Article 15(2) is replaced by the following:
    "2. Fodder plant seed which has been harvested in the Community, and
        which is intended for certification in accordance with the
        provisions laid down in paragraph 1, shall
             be packed and labelled with an official label satisfying the
             conditions laid down in Annex IV(A) and (B), in accordance
             with the provisions laid down in Article 10(1), and
             be accompanied by an official document satisfying the
             conditions laid down in Annex IV(C).
        This provision shall not apply to the marketing of small
        quantities of such seed in the same local administrative area."
27. Article 17 is replaced by the following:
    "1. In order to remove any temporary difficulties in the general
        supply of basic, certified or commercial seed that occur in the
        Community and cannot be otherwise overcome, it may be decided in
        accordance with the procedure laid down in Article 21 that Member
        States shall permit, for a specified period, the marketing
        throughout the Community, of seed of a category subject to less
        stringent requirements, or of seed of varieties not included in
        the "Common Catalogue of Varieties of Agricultural Plant Species"
        or in the national catalogues of varieties of the Member States;
        the marketing shall be confined to purposes of use of the seed by
        growers of fodder plants who are affected by those difficulties in
        all or part of the Community.
 ---pagebreak---                                      - 17 -
      2. For a category of seed of any given variety, the official label
         shall be that provided for the corresponding category; in all
         other cases it shall be that provided for commercial seed. The
         label shall always state that the seed In question is of a
         category satisfying less stringent requirements.
       2 The Member States shall ensure that official labels are issued
         only for the amount of seed permitted for marketing pursuant to
         paragraph 1.
         The Member States concerned shall monitor the proper use of the
         seed permitted for marketing pursuant to paragraph 1.
     bj. Rules for the application of paragraph 1 may be adopted in
         accordance with the procedure laid down in Article 21."
28. Article 19(1) is replaced by the following:
    "1. Member States shall ensure that official inspections are carried
         out in relation to the marketing and, where appropriate, use of
         fodder plant seed, at least by random checks, to verify compliance
         with the requirements of this Directive."
    29. Article 19(2) is replaced by the following:
    "2. Without prejudice to the free movement of seed within the
         Community, the Member States shall take all necessary measures to
         ensure that the following particulars are presented during the
         marketing of quantities exceeding 2 kg of seed:
         (a)  species,
         (b)  variety,
         (c)  category,
         (d)  country of production and official control authority,
         (e)  country of dispatch,
         (f)  importer,
         (g)  quantity of seed.
 ---pagebreak---                                       - 18 -
    The manner In which these particulars must be presented may be
    determined in accordance with the procedure laid down in Article 21."
30. The following article is inserted after Article 22:
                                 "Article 22a
    Specific conditions may be established according to the procedure laid
    down in Article 21 to take account of developments in the areas of
    a)   conditions under which chemically treated seed may be marketed;
    b)  the conservation of genetic resources."
31. In Annex II(I) paragraph 1, first indent the words ", Brassica napus
    var. napobrassica and Brassica oleracea convar. acephala" are added
    after the words "Annex I".
32. In Annex II(I) paragraph 1, second indent the words "Brassica napus
    var. napobrassica, Brassica olearacea convar. acephala" are deleted.
33. In Annex IV(A)(I)(c) the following is added after sub-paragraph 1:
    "1(a) In the case of mixtures intended for the production of fodder
           plants, [referred to in Article 13(2) above], the area in which
           it is intended to be used."
34. In Annex IV(B)(a)(8) the words "certified seed" are replaced by the
    word "category".
                                  Article 3
Directive 66/402/EEC is hereby amended as follows:
1. Article 1 is replaced by the following:
    "This Directive shall apply to the production with a view to marketing,
    the marketing and, where appropriate, the use of cereal seed within the
    Community."
2.  In Article 2(1)(6) the words "and provided that the variety to which
    the seed belongs is listed in the national catalogue of the certifying
    Member State" are added after subparagraph (d).
 ---pagebreak---                                     - 19 -
3. Article 3(1) is replaced by the following:
   "The Member States shall provide that cereal seed may not be placed on
   the market unless it has been officially certified as "basic seed",
   "certified seed", "certified seed, first generation" or "certified
   seed, second generation"."
4. Article 3(4) is repealed.
5. The following article is inserted after Article 3:
                                "Article 3a
   Notwithstanding the provisions of Article 3(1) Member States shall
   provide that
       bred seed of generations prior to basic seed and
       seed as grown, marketed for processing, provided that the identity
       of the seed is ensured
   may be placed on the market."
6. The following paragraph is added to Article 4:
   "4. Member States making use of the derogation provided for in either
       paragraph (l)(a) or. (l)(b) above shall assist each other
       administratively as regards control."
7. The following article is inserted after Article 4:
                                "Article 4a
   1.  Notwithstanding the provisions of Article 3(1) Member States may
       authorise producers on their own territory to place on the market
       small quantities of seed for tests, scientific purposes or
       selection work.
   2.  The conditions under which Member States may grant such
       authorizations may be determined in accordance with the procedure
       laid down in Article 21."
 ---pagebreak---                                      - 20 -
8.  The following article is inserted after Article 5:
                                 "Article 5a
    Member States may restrict the certification of seed of oats, barley,
    rice and wheat to that of the first generation."
9.  In Article 9(3) the words "... closed on their own territory.
    Conditions relating to these exceptions may be determined in accordance
    with the procedure laid down in Article 21" are added after the words
    "small packages".
10. Article 10(2) is replaced by the following:
    "2. Member States may provide for exceptions to paragraph 1 in the
        case of small packages marketed on their own territory. Conditions
        relating to these exceptions may be determined in accordance with
        the procedure laid down in Article 21."
11. Article 11(1) is replaced by the following:
    "In accordance with the procedure laid down in Article 21 it may be
    provided that in cases other than those already provided for in this
    Directive, packages of basic or certified seed of any kind should bear
    a supplier's label (which may either be a label separate from the
    official label or take the form of suppliers' information printed on
    the package itself).
    The particulars to be provided on any such label shall also be
    established in accordance with the procedure laid down in Article 21."
12. The following paragraph is added to Article 11:
    "3. This Directive shall not affect the right of Member States to
        require that seed lots complying with the special conditions
        concerning the presence of Avena fatua laid down according to the
        procedure provided for in Article 21 shall be accompanied by an
        official certificate attesting compliance with these conditions."
 ---pagebreak---                                        - 21 -
13. In Article 13(1) the word "may" is replaced by the word "shall".
14. In Article 13(2) the word "may" is replaced by the word "shall".
15. The following paragraph is added after Article 13(2):
     M
       2a The specific conditions under which such mixtures may be marketed
           shall be determiend by the procedure provided for in Article 21."
16. Article 14(1) is replaced by the following:
    "1. Member States shall ensure that seed which is placed on the market
          under the provisions of this Directive, whether mandatory or
          discretionary, shall not be subject to any marketing restrictions
          as regards their characteristics, examination requirements,
          marking and sealing other than those laid down in this or any
          other Community Directive."
17. Article 14(2) is repealed.
18. Article 14(3) is repealed.
19. The following article is inserted after Article 14:
                                  "Article 14a
    The conditions under which bred seed of generations prior to basic seed
    may be placed on the market under Article 3a, first indent, are as
    follows:
    a)    it has been officially controlled by the competent certification
          authority in accordance with the provisions applicable for the
          certification of basic seed;
    b)    it is packed in accordance with the provisions of this Directive,
          and
    c)    the packages bear an official label giving at least the following
          particulars:
                certification authority and Member State or their
                distinguishing abbreviation,
 ---pagebreak---                                      - 22 -
         -    lot reference number,
              month and year of sealing,
              month and year of the last official sampling for the purposes
              of certification,
         -    species, Indicated at least under its botanical name, which
              may be given in abridged form and without the authorities'
              names, in roman characters,
        -     variety, indicated at least In roman characters,
              the description "pre-basic seed",
              number of generations preceding seed of the categories
              "certified seed" or "certified seed of the first generation",
        The label shall be white with a diagonal violet line."
20. Article 15(2) is replaced by the following:
    "2. Cereal seed which has been harvested in the Community, and which
        is intended for certification in accordance with the provisions
        laid down in paragraph 1, shall
             be packed and labelled with an official label satisfying the
             conditions laid down in Annex V(A) and (B), in accordance
             with the provisions laid down in Article 9(1), and
        -     be accompanied by an official document satisfying the
             conditions laid down in Annex V(C).
        This provision shall not apply to the marketing of small
        quantities of such seed in the same local administrative area."
21. Article 17 is replaced by the following:
    "1. In order to remove any temporary difficulties in the general
        supply of basic or certified seed that occur in the Community and
        cannot be otherwise overcome, it may be decided in accordance with
        the procedure laid down in Article 21 that Member States shall
        permit, for a specified period, the marketing throughout the
        Community, of seed of a category subject to less stringent
        requirements, or of seed of varieties not included in the "Common
        Catalogue of Varieties of Agricultural Plant Species" or in the
        national catalogues of varieties of the Member States; the
        marketing shall be confined to purposes of use of the seed by
        growers of cereals who are affected by those difficulties in all
        or part of the Community.
 ---pagebreak---                                      - 23 -
     2. For a category of seed of any given variety, the official label
         shall be that provided for the corresponding category; in all
         other cases It shall be that provided for commercial seed. The
         label shall always state that the seed in question is of a
         category satisfying less stringent requirements.
        The Member States shall ensure that official labels are issued
        only for the amount of seed permitted for marketing pursuant to
        paragraph 1.
        The Member States concerned shall monitor the proper use of the
        seed permitted for marketing pursuant to paragraph 1.
     3. Rules for the application of paragraph 1 may be adopted in
        accordance with the procedure laid down in Article 21."
22. Article 19(1) is replaced by the following:
    "1. Member States shall ensure that official inspections are carried
        out in relation to the marketing, and, where appropriate, the use
        of cereal seed, at least by random checks, to verify compliance
        with the requirements of this Directive."
23. Article 19(2) is replaced by the following:
    "2. Without prejudice to the free movement of seed within the
        Community, the Member States shall take all necessary measures to
        ensure that the following particulars are presented during the
        marketing of quantities exceeding 2 kg of seed:
         (a)  species,
         (b)  variety,
         (c)  category,
         (d)  country of production and official control authority,
         (e)  country of dispatch,
         (f)  importer,
         (g)  quantity of seed.
    The manner in which these particulars must be presented may be
    determined in accordance with the procedure laid down in Article 21."
 ---pagebreak---                                      - 24 -
24. The following article is inserted after Article 22:
                                "Article 22a
    Specific conditions may be established according to the procedure laid
    down in Article 21 to take account of developments in the areas of
    (a) conditions under which chemically treated seed may be marketed;
    (b) the conservation of genetic resources."
                                  Article 4
Directive 66/403/EEC is hereby amended as follows:
1.  Article 1 is replaced by the following:
    "This Directive ehall apply to the production with a view to marketing,
    the marketing and, where appropriate, the use of seed potatoes within
    the Community."
2.  Article 3(2)(B) is repealed.
3.  The following article is inserted after Article 3:
                                 "Article 3a
    Notwithstanding the provisions of Article 3(1) Member States shall
    provide that bred seed potatoes of generations prior to basic seed
    potatoes may be placed on the market."
4.  The following article is inserted after Article 4:
                                 "Article 4a
    1.  Notwithstanding the provisions of Article 3(1) Member States may
        authorise producers on their own territory to place on the market
        •mall quantities of seed potatoes for tests, scientific purposes
        or selection work.
    2.  The conditions under which Member States may grant such
        authorizations may be determined in accordance with the procedure
        laid down in Article 21."
 ---pagebreak---                                      - 25 -
 5. The following article is inserted after Article 5:
                                 "Article 5a
    1.   The Member States may require that seed potatoes produced in their
         own territory may be separated during production from other
         potatoes.
    2.  The requirement in paragraph 1 may include measures to:
         -    separate the production of seed and other potatoes;
              separate the grading, storage, transportation, keeping and
              handling of seed and other potatoes, with exception of
              potatoes that are graded, stored, transported or handled on
              their place of production;
        prescribe that only officially certified seed potatoes may be
        planted."
6.  Article 7(1) is replaced by the following:
    "1. The Member States shall provide that seed potatoes may not be
        placed on the market unless they have a minimum size such that
        they do not pass through a square mesh of 25 x 25 mm. In the case
        of tubers which are too large to pass through a square mesh of
        35 x 35 mm, the upper and lower size limits shall be expressed in
        multiples of 5.
        The maximum variation in size between tubers in a lot shall be
        such that the difference between the dimensions of the two square
        meshes used does not exceed 25 mm. This latter figure may be
        increased in accordance with the procedure laid down in
        Article 19."
7.  Article 7(4) is repealed.
8.  Article 10(2) is replaced by the following:
    "2. Member States may provide for exceptions to paragraph 1 in the
        case of small packages marketed on their own territory. Conditions
        relating to these exceptions may be determined in accordance with
        the procedure laid down in Article 19."
 ---pagebreak---                                       - 26 -
 9.  Article 11 is replaced by the following:
     "In accordance with the procedure laid down in Article 19 it may be
     provided that Member States may require that, in cases other than those
     provided for in this Directive, packages or containers of basic seed
     potatoes or certified seed potatoes whether such seed potatoes have
     been produced in their own territory or imported, should bear a
     supplier's label (which may either be a label separate from the
    official label or take the form of suppliers' information printed on
    the package or container itself). The particulars to be provided on any
     such label shall also be established in accordance with the procedure
     laid down in Article 19."
10. Article 13(1) is replaced by the following:
     "1. Member States shall ensure that seed potatoes which are placed on
         the market under the provisions of this Directive, whether
         mandatory or discretionary, shall not be subject to any marketing
         restrictions as regards their characteristics, examination
         requirements, marking and sealing other than those laid down in
         this or any other Community Directive."
11. Article 13(4) is repealed.
12. The following article is inserted after Article 13:
                                 "Article 13a
    The conditions under which bred seed potatoes of generations prior to.
    basic seed may be placed on the market under Article 3a, are as
    follows:
    a)   they have been officially checked by the competent certification
         authority in accordance with the provisions applicable for the
         certification of basic seed potatoes;
    b)   they are placed in packages or containers in accordance with the
         provisions of this Directive, and
    c)   the packages or containers bear an official label giving at least
         the following particulars:
              certification authority and Member State or their
              distinguishing abbreviation,
 ---pagebreak---                                       - 27 -
               product's identification number or lot reference number,
               month and year of closing,
               species, indicated at least in roman characters, under its
               botanical name, which may be given in abridged form and
               without the authorities' names, or under its common name, or
               both;
               variety, indicated at least in roman characters,
              the description "pre-basic seed potatoes".
         The label shall be white with a diagonal violet line."
13. Article 14(1) is replaced by the following:
    "1. The Commission may prohibit, in whole or in part, the marketing of
         seed potatoes harvested in a particular area of the Community if
         the progeny of officially drawn samples of basic seed potatoes or
         certified seed potatoes harvested in that particular area and
         grown in one or more Community test fields has for three
         successive years fallen appreciably below the minimum conditions
         laid down in Annex I, lc), 2c), 3 and 4. Satisfaction of the other
        minimum conditions laid down in Annex I may also be checked during
        the comparative tests."
14. Article 14(2) is replaced by the following:
    "2. Any measures taken under paragraph 1 shall be withdrawn as soon as
        it has been established with adequate certainty that the basic
        seed potatoes and certified seed potatoes harvested in the
        particular area of the Community concerned will in future satisfy
        the minimum conditions referred to in paragraph 1."
15. Article 14(3) is repealed.
16. Former Article 14(4) becomes Article 14(3).
 ---pagebreak---                                      - 28 -
17. Article 16 is replaced by the following:
     "1. In order to remove any temporary difficulties in the general
         supply of basic seed potatoes or certified seed potatoes that
         occur in the Community and cannot be otherwise overcome, it may be
         decided in accordance with the procedure laid down in Article 19
         that Member States shall permit, for a specified period, the
         marketing throughout the Community, of seed of a category subject
         to less stringent requirements, or of seed of varieties not
         included in the "Common Catalogue of Varieties of Agricultural
         Plant Species" or in the national catalogues of varieties of the
         Member States; the marketing shall be confined to purposes of use
         of the seed potatoes by growers of potatoes who are affected by
         those difficulties in all or part of the Community.
      2. For a category of seed potatoes of any given variety, the official
         label shall be that provided for the corresponding category; in
         all other cases it shall be that provided for commercial seed
         potatoes. The label shall always state that the seed potatoes in
         question are of a category satisfying less stringent requirements.
      .  Member States shall ensure that official labels are issued only
         for the amount of seed potatoes permitted for marketing pursuant
         to paragraph 1.
         The Member States concerned shall monitor the proper use of the
         seed potatoes permitted for marketing pursuant to paragraph 1.
     tf. Rules for the application of paragraph 1 may be adopted in
         accordance with the procedure laid down in Article 19."
18. Article 18(1) is replaced by the following:
    "1. Member States shall ensure that official inspections are carried
         out in relation to the marketing, and where appropriate, the use
         of seed potatoes, at least by random checks, to verify compliance
         with the requirements of this Directive."
 ---pagebreak---                                      - 29 -
19. Article 18(2) is replaced by the following:
    "2. Without prejudice to the free movement of seed potatoes within the
        Community, the Member States shall take all necessary measures to
        ensure that the following particulars are presented during the
        marketing of quantities exceeding 2 kg of seed potatoes:
         (a)  species,
         (b)  variety,
         (c)  category,
         (d)  country of production and control authority,
         (e)  country of dispatch,
         (f)  importer,
         (g)  quantity of seed potatoes.
    The manner in which these particulars must be presented may be
    determined in accordance with the procedure laid down in Article 19."
20. The following article is inserted after Article 20:
                                "Article 20a
    Specific conditions may be established according to the procedure laid
    down in Article 19 to take account of developments in the areas of
    (a) conditions under which chemically treated seed potatoes may be
        marketed;
    (b) the conservation of genetic resources."
                                  Article 5                             .:
Directive 69/208/EEC is hereby amended as follows:
1.  Article 1 is replaced by the following:
    "This Directive shall apply to the production with a view to marketing,
    the marketing and, where appropriate, the use of seed of oil and fibre
    plants within the Community and intended for agricultural production
    but excluding use for ornamental purposes."
 ---pagebreak---                                     - 30 -
2.  In Article 3(1) the words "and unless it satisfies the conditions laid
   down in Annex II" are deleted.
3. In Article 3(2) the words "and unless the seed also satisfies the
   conditions laid down in Annex II" are deleted.
4. Article 3(5) is repealed.
5. The following article is inserted after Article 3:
                                "Article 3a
   Notwithstanding the provisions of Articles 3(1) and (2) Member States
   shall provide that
   -    bred seed of generations prior to basic seed and
   -    seed as grown, marketed for processing, provided that the identity
        of the seed is ensured
   may be placed on the market."
6. The following sentence is added at the end of Article 4:
   "Member States making use of the derogation provided for in either
   paragraph (a) or (b) above shall assist each other administratively as
   regards control."
7. The following article is inserted after Article 4:
                                "Article 4a
   1.   Notwithstanding the provisions of Article 3(1) and (2) Member
        States may authorise producers on their own territory to place on
        the market small quantities of seed for tests, scientific purposes
        or selection work.
   2.   The conditions under which Member States may grant such
        authorizations may be determined in accordance with the procedure
        laid down in Article 20."
8. The following words are added at the end of Article 9(3): "... closed
   on their own territory. Conditions relating to these exceptions may be
   determined in accordance with the procedure laid down in Article 20."
 ---pagebreak---                                      - 31 -
9.  Article 10(2) is replaced by the following:
     "2. Member States may provide for exceptions to paragraph 1 in the
         case of small packages marketed on their own territory. Conditions
         relating to these exceptions may be determined in accordance with
         the procedure laid down in Article 20."
10. Article 11 is replaced by the following:
    "In accordance with the procedure laid down in Article 20 it may be
    provided that Member States may require that, in cases other than those
    provided for in this Directive, packages of basic seed, certified seed
    of all categories or commercial seed, whether the seed has been
    produced in their own territory or imported, should bear a supplier's
    label (which may either be a label separate from the official label or
    take the form of suppliers' information printed on the package itself).
    The particulars to be provided on any such label shall also be
    established in accordance with the procedure laid down in Article 20."
11. Article 13(1) is replaced by the following:
    "1. Member States shall ensure that seed which is placed on the market
         under the provisions of this Directive, whether mandatory or
         discretionary, shall not be subject to any marketing restrictions
         as regards its characteristics, examination requirements, making
         and sealing other than those laid down in this or any other
         Community Directive."                                           .:
12. Article 13(2) is repealed.
13. Article 13(3) is repealed.
14. The following article is inserted after Article 14:
                                "Article 14a
    The conditions under which bred seed of generations prior to basic seed
    may be placed on the market under Article 3a, first indent, are as
    follows:
 ---pagebreak---                                       - 32 -
     a)  it has been officially controlled by the competent certification
         authority in accordance with the provisions applicable for the
         certification of basic seed;
    b)   it is packed in accordance with the provisions of this Directive,
         and
    c)   the packages bear an official label giving at least the following
         particulars:
         -     certification authority and Member State or their
              distinguishing abbreviation,
              lot reference number,
         -    month and year of sealing,
              month and year of the last official sampling for the purposes
              of certification,
        -     species, indicated at least under its botanical name which
              may be given in abridged form and without the authorities'
              names, in roman characters,
        -     variety, indicated at least in roman characters,
              the description "pre-basic seed",
        -     number of generations preceding seed of the categories
              "certified seed", or "certified seed of the first
              generation".
        The label shall be white with a diagonal violet line."
15. Article 14(2) is replaced by the following:
    "2. Seed of oil and fibre plants which has been harvested in the     •
        Community, and which is intended for certification in accordance
        with the provisions laid down in paragraph 1, shall
        -     be packed and labelled with an official label satisfying the
              conditions laid down in Annex V(A) and (B), in accordance
              with the provisions laid down in Article 9(1), and
        -     be accompanied by an official document satisfying the
              conditions laid down in Annex V(C).
        This provision shall not apply to the marketing of small
        quantities of such seed in the same local administrative area."
 ---pagebreak---                                        - 33 -•
 16. Article 16 is replaced by the following:
      "1. In order to remove any temporary difficulties in the general
           supply of basic or certified seed that occur in the Community and
           cannot be otherwise overcome, it may be decided in accordance with
          the procedure laid down in Article 20 that Member states shall
          permit, for a specified period, the marketing throughout the
          Community, of seed of a category subject to less stringent
          requirements, or of seed of varieties not included in the "Common
          Catalogue of Varieties of Agricultural Plant Species" or in the
          national catalogues of varieties of the Member States; the
          marketing shall be confined to purposes of use of the seed by
          growers of oil and fibre plants who are affected by those
          difficulties in all or part of the Community.
       2. For a category of seed of any given variety, the official label
          shall be that provided for the corresponding category; in all
          other cases it shall be that provided for commercial seed. The
          label shall always state that the seed in question is of a
          category satisfying less stringent requirements.
       3  The Member States shall ensure that official labels are Issued
          only for the amount of seed permitted for marketing pursuant to .
          paragraph 1.
          The Member States concerned shall monitor the proper use of the
          seed permitted for marketing pursuant to paragraph 1.            ;
      ti. Rules for the application of paragraph 1 may be adopted in
          accordance with the procedure laid down in Article 20."
17. Article 18(1) is replaced by the following:
     "1. Member States shall ensure that official inspections are carried
          out in relation to the marketing, and where appropriate, the use
          of seed of oil and fibre plants, at least by random checks, to
          verify compliance with the requirements of this Directive."
 ---pagebreak---                                        - 34 -
 18. Article 18(2) is replaced by the following:
      "2. Without prejudice to the free movement of seed within the
           Community, the Member States shall take all necessary measures to
           ensure that the following particulars are presented during the
          marketing of quantities exceeding 2 kg of seed:
           (a)  species,
           (b)  variety,
           (c)  category,
           (d)  country of production and official control authority,
           (e)  country of dispatch,
           (£)  importer,
           (g)  quantity of seed.
      The manner in which these particulars must be presented may be
     determined in accordance with the procedure laid down in Article 20."
 19. The following article is inserted after Article 21:
                                  "Article 21a
     Specific conditions may be established according to the procedure laid
     down in Article 20 to take account of developments in the areas of
      (a) conditions under which chemically treated seed may be marketed;,
      (b) the conservation of genetic resources."
                                    Article 6                              •
Directive 70/457/EEC is hereby amended as follows:
1.   The following paragraphs are added after Article 4(3):
     "4. In the case of a genetically modified variety within the meaning
          of Article 2(1) and (2) of Directive 90/220/EEC on the deliberate
          release into the environment of genetically modified organisms16,
          the variety shall only be accepted if it is safe for human health
          and the environment.
       5. Furthermore, where material of a variety referred to in
          paragraph (4) is intended to be used as a food or food ingredient
          falling within the scope of Council Regulation (EEC) .../9317 on
          novel foods or food ingredients, the Member States shall ensure,
          before accepting the variety,
16
     OJ No L 117, 08.05.1990, p. 15.
17
     OJ No
 ---pagebreak---                                      - 35 -
        -     that the food or food ingredient has been authorized in
              accordance with Regulation (EEC) ../93, or
        -     that the food or food ingredient complies with the general
              criteria mentioned in Annex II to Regulation (EEC) .../93."
2. The following subparagraph is added to Article 7(2):
   "c) the necessary arrangements for the growing trials to be carried
        out with a view to assessing the value for cultivation or use."
3. The following paragraph is added after Article 7(3):
   "4a)   In the case of a genetically modified variety referred to in
          Article 4(4) an environmental risk assessment similar to that
          laid down in Directive 90/220/EEC shall be carried out.
     b)   In accordance with the procedure laid down in Article 23,
          detailed procedures shall be established to ensure the
          application of sub-paragraph (a).
     c)   Articles 11 to 18 of Directive 90/220/EEC shall no longer apply
          to genetically modified varieties once the detailed procedures
          referred to in subparagraph (b) above have been established. Such
          procedures shall be established by the date referred to in the
          third indent of Article 9(1) of Directive ...".
4. The following paragraph is added after Article 7(4):
   "5. In the case of a variety to be used as a novel food or food
        ingredient referred to in Article 4(5) 2nd indent, a scientific ;
        asssessment as to its suitability for food shall be carried out in
        accordance with the relevant procedure laid down in Regulation
        (EEC) .../93. Where in that Regulation references are made to the
        procedure of the Standing Committee for Foodstuffs, the procedure
        laid down in Article 23 shall apply. In accordance with the same
        procedure, detailed procedures shall be established to ensure the
        application of this paragraph."
5. The following paragraph is added after Article 12a(3):
   "4. In accordance with the procedure laid down in Article 23 rules may
        be established for the application of paragraphs 1 and 2."
 ---pagebreak---                                       - 36 -
 6.  Article 15(1) is replaced by the following:
     "1. The Member States shall ensure that, with effect from the
         publication referred to in Article 18, seed of varieties accepted
          in accordance with the provisions of this Directive or in
         accordance with principles corresponding to those of this
         Directive are subject to no marketing restrictions relating to
         variety."
 7.  Article 15(2) is replaced by the following:
     "2. By way of derogation from paragraph 1, a Member State may, upon
         application which will be dealt with as provided for in
         Article 23, be authorized to prohibit the use in all or part of
         its territory of seed of the variety in question
         a)    where it is established that the cultivation of the variety
               could be harmful from the point of view of plant health to
               the cultivation of other varieties or species, or the
               environment, or
         b)    where official growing trials carried out in the applicant
               Member States, Article 5(4) being applied correspondingly,
               show that the variety does not, in any part of its territory,
               produce results corresponding to those obtained from a
               comparable variety accepted in the territory of that Member-
               State or, where it is well known that the variety is not
               suitable for cultivation in any part of its territory because
               of its type or maturity's class. The application shall be .:
               lodged before the end of the third calendar year following
               that of acceptance."
8.  Article 15(3) is repealed.
9.  Article 15(4) is repealed.
10. Article 15(5) is repealed.
11. Article 15(6) is repealed.
 ---pagebreak---                                       - 37 -
 12. Article 15(7) is repealed.
13. The following article is added after Article 24:
                                 "Article 24a
     Specific conditions may be established according to the procedure laid
     down in Article 23 to take account of developments in the areas of the
     conservation of genetic resources."
                                   Article 7
Directive 70/458/EEC is hereby amended as follows:
1.   Article 1 is replaced by the following:
     "This Directive shall apply to the production, with a view to
     marketing, marketing and, where appropriate, the use of vegetable seed
     within the Community.
2.   Former Article 4 becomes Article 4(1).
3.   The following paragraphs are added after Article 4(1):
     "2. In the case of a genetically modified variety within the meaning
         of Article 2(1) and (2) of Directive 90/220/EEC on the deliberate
         release into the environment of genetically modified organisms,
         the variety shall only be accepted if it is safe for human health
         and the environment.
      3. Furthermore, where material of a variety referred to in          .:
         paragraph (2) is intended to be used as a food or food ingredient
         falling within the scope of Council Regulation (EEC) .../93 on
         novel foods or food ingredients the Member States shall ensure,
         before accepting the variety,
         -     that the food or food ingredient has been authorized in
              accordance with Regulation (EEC) .../93 or
         -     that the food or food ingredient complies with the general
              criteria mentioned in Annex II to Regulation (EEC) .../93."
 ---pagebreak---                                        - 38 -
 4.  The following paragraph is added after Article 7(3):
     "4a)   In the case of a genetically modified variety referred to in
            Article 4(2) an environmental risk assessment similar to that
            laid down in Directive 90/220/EEC shall be carried out.
       b)   In accordance with the procedure laid down in Article 40,
            detailed procedures shall be established to ensure the
            application of sub-paragraph (a).
       c)   Articles 11 to 18 of Directive 90/220/EEC shall no longer apply
            to  genetically modified varieties, once the detailed procedures
            referred to in subparagraph (b) above have been established. Such
            procedures shall be established by the date referred to in the
            third indent of Article 9(1) of Directive ...".
5.  The following paragraph is added after Article 7(4):
    "5. In the case of a variety to be used as a novel food or food
          ingredient referred to in Article 4(3) 2nd indent, a scientific
          assessment as to its suitability for food shall be carried out in
         accordance with the relevant procedure laid down in Regulation
          (EEC) . ../93. Where in that Regulation references are made to the
         procedure of the Standing Committee for Foodstuffs, the procedure
         laid down in Article 40 shall apply. In accordance with the same
         procedure, detailed procedures shall be established to ensure the
         application of this subparagraph."
6.  The following paragraph is added after Article 15(2):
    "3. In the case of varieties whose acceptance has been renewed
         pursuant to Article 13(3), Member States may allow the names used
         before such renewal to be used until 30 June 1994."
7.  The following paragraph is added after Article 13a(3):
    "4. In accordance with the procedure laid down in Article 40 rules may
         be established for the application of paragraphs 1, 2 and 3."
 ---pagebreak---                                       - 39 -
8.   In Article 16(1) second and third alinéa the wording:
     "after expiry of a period of two months following" is replaced by "with
    effect from".
9.  Article 16(2) is repealed.
10. Article 16(3) is repealed.
11. Article 16(4) is repealed.
12. Article 20(1) is repealed.
13. Former Article 20(la) becomes Article 20(1) and is amended as follows:
    "1. The Member States shall provide that seed of vegetable species may
         not be placed on the market unless it has been officially
         certified as "basic seed" or "certified seed", or is standard
         seed, and unless it satisfies the conditions laid down in
         Annex II;".
14. Article 20(4) is repealed.
15. The following article is inserted after Article 20:
                                 "Article 20a
    Notwithstanding the provisions of Article 3(1) Member States shall
    provide that
         bred seed of generations prior to basic seed and
         seed as grown, marketed for processing, provided that the identity
         of the seed is ensured
    may be placed on the market."
16. The following sentence is added at the end of Article 21:
    "Member States making use of the derogation provided for in either
    paragraph (a) or (b) above shall assist each other administratively as
    regards control."
 ---pagebreak---                                        - 40 -
 17. The following article is inserted after Article 21:
                                  "Article 21a
      1.  Notwithstanding the provisions of Article 3(1), Member States may
          authorize producers on their own territory to place on the market
          small quantities of seed for tests, scientific purposes or
          selection work.
     2.  The conditions under which Member States may grant such
         authorizations may be determined in accordance with the procedure
         laid down in Article 40."
18. Article 24(3) is replaced by the following:
     "3. Notwithstanding paragraph 1 and in accordance with the procedure
         laid down in Article 40, Member States may authorize their own
         producers to place on the market
               mixtures of standard seed of different varieties of Lactuca
               sativa L.
               mixtures of standard seed of different varieties of Raphanus
               sativus L.
         in small packages not exceeding 50 g provided that the words
         "mixture of varieties" and the names of the varieties making up
         the mixtures are shown on the package."
19. Article 26(la) is replaced by the following:
     "la Member States may provide for exceptions to paragraph 1 in the  <:
         case of small packages marketed on their own territory. Conditions
         relating to these exceptions may be determined in accordance with
         the procedure laid down in Article 40."
20. Article 28(1) is replaced by the following:
    "1. In accordance with the procedure laid down in Article 40 it may be
         provided that in cases other than those already provided for in
         this Directive, packages of basic or certified seed of any kind
         should bear a supplier's label (which may either be a label
         separate from the official label or take the form of supplier's
         information printed on the package itself).
 ---pagebreak---                                      - 41 -
         The particulars to be provided on any such label shall also be
         established in accordance with the procedure laid down in
        Article 40."
21. Article 30(1) is replaced by the following:
    "1. Member States shall ensure that seed which is placed on the market
        under the provisions of this Directive, whether mandatory or
        discretionary, shall not be subject to any marketing restrictions
        as regards their characteristics, examination requirements,
        marking and sealing other than those laid down in this or any
        other Community Directive."
22. Article 30(3) is repealed.
23. The following article is inserted after Article 30:
                                "Article 30a
    The conditions under which bred seed of generations prior to basic seed
    may be placed on the market under Article 20a, first indent, are as
    follows:
    a)  it has been officially controlled by the competent certification
        authority in accordance with the provisions applicable for the
        certification of basic seed;
    b)  it is packed in accordance with the provisions of this Directive',
        and
    c)  the packages bear an official label giving at least the following
        particulars:
        -     certification authority and Member State or their
              distinguishing abbreviation,
        -     lot reference number,
        -     month and year of sealing,
        -     month and year of the last official sampling for the purposes
              of certification,
 ---pagebreak---                                       - 42 -
               species, indicated at least under its botanical name, which
               may be given in abridged form and without the authorities'
               names, in roman characters,
         -     variety, indicated at least in roman characters,
         -     the description "pre-basic seed",
         -     number of generations preceding seed of the categories
               "certified seed" or "certified seed of the first generation",
         The label shall be white with a diagonal violet line."
24. Article 31(2) is replaced by the following:
    "2. Vegetable seed which has been harvested in the Community, and
         which is intended for certification in accordance with the
         provisions laid down in paragraph 1, shall
              be packed and labelled with an official label satisfying the
              conditions laid down in Annex V(A) and (B), in accordance
              with the provisions laid down in Article 25(1), and
        -     be accompanied by an official document satisfying the
              conditions laid down in Annex V(C).
        This provision shall not apply to the marketing of small
        quantities of such seed in the same local administrative area."
25. Article 33 is replaced by the following:
    "1. In order to remove any temporary difficulties in the general
        supply of basic, certified or standard seed that occur in the
        Community and cannot be otherwise overcome, it may be decided in
        accordance with the procedure laid down in Article 40 that Member
        States shall permit, for a specified period, the marketing
        throughout the Community, of seed of a category subject to less
        stringent requirements, or of seed of varieties not included in
        the "Common Catalogue of Varieties of Vegetable Species" or in the
        national catalogues of varieties of the Member States; the
        marketing shall be confined to purposes of use of the seed by
        growers of vegetables who are affected by those difficulties in
        all or part of the Community.
 ---pagebreak---                                        - 43 -
      2. For a category of seed of any given variety, the official label
           shall be that provided for the corresponding category; in all
           other cases it shall be that provided for commercial seed. The
           label shall always state that the seed in question is of a
           category satisfying less stringent requirements.
       3. The Member States shall ensure that official labels are issued
          only for the amount of seed permitted for marketing pursuant to
          paragraph 1.
          The Member states concerned shall monitor the proper use of the
          seed permitted for marketing pursuant to paragraph 1.
     if.  Rules for the application of paragraph 1 may be adopted in
          accordance with the procedure laid down in Article 40."
26. Article 35(1) is replaced by the following:
    "1. Member States shall ensure that official inspections are carried
          out in relation to the marketing, and where appropriate, the use
          of vegetable seed, at least by random checks, to verify compliance
          with the requirements this Directive."
27. Article 35(2) is replaced by the following:
    "2. Without prejudice to the free movement of seed within the
          Community, the Member States shall take all necessary measure to
          ensure that the following particulars are presented during the
         marketing of quantities exceeding 2 kg of seed:
          (a)   species,
          (b)   variety,
          (c)   category,
          (d)   country of production and official control authority,
          (e)   country of dispatch,
          (f)   importer,
          (g)   quantity of seed.
         The manner in wich these particulars must be presented may be
         determined in accordance with the procedure laid down in
         Article 40."
 ---pagebreak---                                        - 44 -
 28. The following article is added after Article 41:
                                  "Article 41a
     Specific conditions may be established according to the procedure laid
     down in Article 40 to take account of developments in the areas of
      (a) conditions under which chemically treated seed may be marketed;
      (b) the conservation of genetic resources."
29. Article 42 is replaced by the following:
     "Upon application by a Member State, which will be dealt with as
     provided in Article 40, that state may be wholly or partially released
     from the obligation to apply the provisions of this Directive, save
     where this would run counter to the provisions laid down in
     Article 16(1) and in Article 30(1), to certain species which are not
     normally reproduced or marketed in its territory."
                                   Article 8
Member States may, during a transitional period of not more than four years
after the entry into force of the laws, regulations or administrative
provisions necessary to comply with this Directive and by way of derogation
from Article 2(1)(C)(a) and (b) of Directive 66/401/EEC, permit the
marketing of seed of a generation previously permitted.
                                   Article 9
1.  Member States shall bring into force the laws, regulations or
    administrative provisions necessary to comply
    -     with Article 6(3) and Article 7(4), in so far as those provisions
          relate to the process of establishing the detailed procedures
          referred to therein, not later than one month after the date of
          notification of this Directive;
         with Article 7(6) with effect from 1 July 1993 and
    -     with the other provisions of this Directive not later than six
         months after the date of notification of this Directive.
    When Member States adopt these measures, they shall contain a reference
    to this Directive or shall be accompanied by such reference on the
    occasion of their official publication.
 ---pagebreak---                                      - 45 -
    The methods of making such a reference shall be laid down by the Member
    States.
2.  Member States shall immediately communicate to the Commission all
    provisions of domestic law which they adopt in the field governed by
    this Directive. The Commission shall inform the other Member States
    thereof.
                                 Article 10
This Directive is addressed to the Member States.
Done at Brussels,                                     For the Council
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                                                                      ISSN 0254-1475
                                                               COM(93) 598 final
                                                      DOCUMENTS
EN                                                                          02 03
                                 Catalogue number : CB-CO-93-637-EN-C
                                                             ISBN 92-77-61742-X
Office for Official Publications of the European Communities
L-2985 Luxembourg