Commission Directive 2003/45/EC
of 28 May 2003
amending Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants(1), as amended by Directive 2002/68/EC(2), and in particular Article 2(3a) and Article 24 thereof,
Whereas:
(1) Directive 2002/57/EC lays out Community provisions for the marketing of seed of oil and fibre plants within the Community. It does not cover, within the definition of the category "basic seed", seed of hybrids other than sunflower; furthermore the Directive does not establish specific conditions to be satisfied by the seed of swede rape and cotton.
(2) Commission Decision 95/232/EC of 27 June 1995 on the organisation of a temporary experiment under Council Directive 69/208/EEC in order to establish conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape(3), as last amended by Directive 2002/68/EC, aims at, inter alia, establishing the conditions to be satisfied by the seed of hybrids of swede rape for certification and marketing under Community legislation.
(3) The results of the temporary experiment provided for in Decision 95/232/EC have confirmed that specific conditions for seed of hybrids of swede rape should be established. Accordingly, Directive 2002/57/EC should be amended in order to include specific conditions.
(4) The OECD has established rules for seed for intra- and inter-specific hybrids of cotton (Gossypium hirsutum and Gossypium barbadense). In order to ensure coherence between the OECD and the EU in such an area, Directive 2002/57/EC should be amended to include rules equivalent to those of the OECD.
(5) Varietal associations of oil and fibre plants came within the scope of Directive 2002/57/EC. However, the labelling provisions of that Directive do not adequately provide for the labelling of seeds of varietal associations. Accordingly, to provide for a specific labelling of seed of varietal associations, Directive 2002/57/EC should be amended to include adequate labelling requirements for varietal associations.
(6) Directive 2002/57/EC should therefore be amended accordingly.
(7) The measures contained in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
Directive 2002/57/EC is amended as follows:
1. in Article 2(1)(c), the introductory sentence is replaced by the following:
"(c) basic seed: (varieties other than hybrids) means seed";
2. in Article 2(1)(d), the introductory sentence is replaced by the following:
"(d) basic seed (hybrids)";
3. Annexes I, II, and IV are amended in accordance with the text set out in the Annex to this Directive.
1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.
This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.