19.12.2008 EN Official Journal of the European Union L 340/73
COMMISSION DIRECTIVE 2008/124/EC
of 18 December 2008
limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’
(Codified version)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 3(3) thereof,
Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (2), and in particular Article 3(3) thereof,
Whereas:
(1) Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified, together with Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadow grass (Poa pratensis L.) to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (5), by assembling them in a single text.
(2) Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants.
(3) Directive 2002/57/EC allows the marketing of basic seed, certified seed of all kinds and commercial seed of certain species of oil and fibre plants.
(4) Both Directives authorise the Commission to prohibit the marketing of seed unless it has been officially certified as ‘basic seed’ or ‘certified seed’.
(5) Member States are in a position to produce sufficient basic seed and certified seed to satisfy within the Community the demand for seed of some of the species referred to above with seed of those categories.
(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry.
(7) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B,
1.   Member States shall provide that it shall not be permitted to place on the market seed of:
— Poa pratensis L.
— Poa pratensis L.
— Vicia faba L. (partim)
— Papaver somniferum L.
— Agrostis gigantea Roth
— Agrostis stolonifera L.
— Phleum bertolonii DC
— Poa palustris L.
— Poa trivialis L.
— Lupinus albus L.
— Brassica juncea (L.) Czernj. et Cosson
— Agrostis capillaris L.
— Lotus corniculatus L.
— Medicago lupulina L.
— Trifolium hybridum L.
— Alopecurus pratensis L.
— Arrhenatherum elatius (L.) Beauv. ex J. S. et K. B. Presl
— Bromus catharticus Vahl
— Bromus sitchensis Trin.
— Lupinus luteus L.
— Lupinus angustifolius L.
— Poa nemoralis L.
— Trisetum flavescens (L.) Beauv.
— Phacelia tanacetifolia Benth.
— Sinapis alba L.
— Agrostis canina L.
— Festuca ovina L.
— Trifolium alexandrinum L.
— Trifolium incarnatum L.
— Trifolium resupinatum L.
— Vicia sativa L.
— Vicia villosa Roth
— Glycine max (L.) Merr.
— Glycine max (L.) Merr.
— Linum usitatissimum L.
Directive 75/502/EEC and Directive 86/109/EEC, as amended by the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.