Legal provisions of COM(1995)622-3 - Marketing of seed of oil and fibre plants (consolidated version) - Main contents
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dossier | COM(1995)622-3 - Marketing of seed of oil and fibre plants (consolidated version). |
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document | COM(1995)622 |
date | June 13, 2002 |
Contents
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
- Article 32
- Article 33
Article 1
It shall not apply to seed of oil and fibre plants which is shown to be intended for export to third countries.
Article 2
(a) 'marketing': means the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed to third parties, whether or not for consideration.
Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:
- the supply of seed to official testing and inspection bodies;
- the supply of seed to providers of services for processing or packaging, provided the provider of services does not acquire title to seed thus supplied.
The supply of seed under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose, shall not be regarded as marketing, provided the provider of services does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed shall provide the certification authority with a copy of the relevant parts of the contract made with the provider of services and this shall include the standards and conditions currently met by the seed provided.
The conditions for the application of this provision shall be determined in accordance with the procedure referred to in Article 25(2);
(b) 'oil and fibre plants': means plants of the following genera and species:
>TABLE>
(c) 'basic seed': (varieties other than hybrids of sunflower) means seed
(i) which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;
(ii) which is intended for the production of seed either of the category 'certified seed' or of the categories 'certified seed, first generation' or 'certified seed, second generation' or, where appropriate, 'certified seed, third generation';
(iii) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and
(iv) which has been found by official examination to satisfy the abovementioned conditions.
(d) 'basic seed' (hybrids of sunflower): 1. 'Basic seed of inbred lines' means seed
(i) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and
(ii) which has been found by official examination to satisfy the abovementioned conditions;
2. 'Basic seed of simple hybrids' means seed
(i) which is intended for the production of three-way-cross hybrids or double-cross hybrids;
(ii) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and
(iii) which has been found by official examination to satisfy the abovementioned conditions;
(e) 'certified seed': (turnip rape, brown mustard, swede rape, dioecious hemp, safflower, black mustard, caraway, sunflower, opium poppy, white mustard) means seed
(i) which has been produced directly from basic seed 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;
(ii) which is intended for purposes other than the production of seed of oil or fibre plants;
(iii) which, subject to the provisions of point (b) of Article 5, satisfies the conditions laid down in Annexes I and II for certified seed; and
(iv) - which has been found by official examination to satisfy the abovementioned conditions, or
- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;
(f) 'certified seed, first generation': (groundnut, monoecious hemp, flax, linseed, soya, cotton) means seed
(i) 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;
(ii) which is intended either for the production of seed of the category 'certified seed, second generation' or, where appropriate, of the category 'certified seed, third generation', or for purposes other than the production of seed of oil or fibre plants;
(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and
(iv) - which has been found by official examination to satisfy the abovementioned conditions, or
- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;
(g) 'certified seed, second generation': (groundnut, flax, linseed, soya, cotton) means seed
(i) 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;
(ii) which is intended for purposes other than the production of seed of oil or fibre plants or, where appropriate, which is intended for the production of seed of the category 'certified seed, third generation';
(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and
(iv) - which has been found by official examination to satisfy the abovementioned conditions, or
- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;
(h) 'certified seed, second generation' (monoecius hemp): means seed
(i) which has been produced directly from certified seed of the first generation which has been established and officially controlled with a special view to the production of certified seed of the second generation;
(ii) which is intended for the production of hemp to be harvested in flower;
(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and
(iv) - which has been found by official examination to satisfy the abovementioned conditions, or
- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;
(i) 'certified seed, third generation': (flax, linseed) means seed
(i) which is of direct descent from basic seed, from certified seed of the first or second 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;
(ii) which is intended for purposes other than the production of seed of oil or fibre plants;
(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and
(iv) - which has been found by official examination to satisfy the abovementioned conditions, or
- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;
(j) 'commercial seed': means seed
(i) which is identifiable as belonging to a species;
(ii) which, subject to the provisions of Article 5(b), satisfies the conditions laid down in Annex II for commercial seed, and
(iii) which has been found by official examination to satisfy the abovementioned conditions;
(k) 'official measures': means measures taken
(i) by State authorities; or
(ii) by any legal person whether governed by public or by private law, acting under the responsibility of the State; or
(iii) in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,
provided that the persons mentioned under (ii) and (iii) derive no private gain from such measures.
2. Amendments to be made to the list of species referred to in paragraph 1(b) shall be adopted in accordance with the procedure laid down in Article 25(2).
3. The different types of varieties, including the components, eligible for certification under the provisions of this Directive may be specified and defined in accordance with the procedure laid down in Article 25(2).
4. Member States may:
(a) in the case of flax or linseed seed, include several generations in the basic seed category and subdivide this category by generation;
(b) provide that official examination to check compliance with the condition laid down in Annex II(I)(4) for Brassica napus shall not be carried out on all lots during certification unless there is doubt whether that condition has been satisfied.
5. When the examination under official supervision referred to in paragraph 1(e)(iv) second indent, 1(f)(iv) second indent, 1(h)(iv) second indent and 1(i)(iv) second indent above is carried out, the following requirements shall be complied with:
(a) the inspectors shall:
(i) have the necessary technical qualifications;
(ii) derive no private gain in connection with the carrying out of the inspections;
(iii) have been officially licensed by the seed certification authority of the Member State concerned and this licensing shall include either the swearing-in of inspectors or the signature by inspectors of a written statement of commitment to the rules governing official examinations;
(iv) carry out inspections under official supervision in accordance with the rules applicable to official inspections;
(b) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;
(c) a proportion of the seed crops shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;
(d) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post-control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity.
Member States shall determine the penalties applicable to infringements of the rules set out in the first subparagraph governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the recognition referred to in point (a)(iii) of the first subparagraph from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall be annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
6. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure referred to in Article 25(2).
Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC(6) shall be adhered to.
Article 3
Brassica napus L. (partim)
Brassica rapa L. var. silvestris (Lam.) Briggs
Cannabis sativa L.
Carthamus tinctorius L.
Carum carvi L.
Gossypium spp.
Helianthus annuus L.
Linum usitatissimum L. (partim) - flax, linseed
may not be placed on the market unless it has been officially certified as 'basic seed' or 'certified seed'.
2. Member States shall provide that seed of oil and fibre plant species other than those listed in paragraph 1 may not be placed on the market unless the seed has been officially certified as 'basic seed' or 'certified seed', or is commercial seed.
3. It may be provided, under the procedure laid down in Article 25(2), that after specified dates seed of oil and fibre plant species other than those listed in paragraph 1 may not be placed on the market unless it has been officially certified as 'basic seed' or 'certified seed'.
4. Member States shall ensure that official examinations are carried out in accordance with current international methods, in so far as such methods exist.
Article 4
- 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.
Article 5
(a) authorise the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex II in respect of germination; to this end all necessary measures shall be taken to ensure that the supplier guarantees a specific germination which he shall state for marketing purposes on a special label bearing his name and address and the reference number of the seed lot;
(b) in order to make seed rapidly available, notwithstanding the fact that official examination to check compliance with the conditions laid down in Annex II in respect of germination has not been concluded, authorise the official certification or approval and marketing as far as the first buyer by way of trade of seed of the categories 'basic seed', 'certified seed' of all categories or 'commercial seed'. Certification or approval shall be granted only on presentation of a provisional analytical report on the seed and provided that the name and address of the first recipient are given; all necessary measures shall be taken to ensure that the supplier guarantees the germination ascertained at the provisional analysis; this germination shall be stated for marketing purposes on a special label bearing the name and address of the supplier and the reference number of the lot.
These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 18 in respect of multiplication outside the Community.
Member States making use of the derogation provided for in either point (a) or (b) shall assist each other administratively as regards inspection.
Article 6
(a) small quantities of seed for scientific purposes or selection work;
(b) appropriate quantities of seed for other test or trial purposes, provided it belongs to varieties for which an application for entry in the catalogue has been submitted in the Member State in question.
In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment. For the environmental risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 2002/53/EC shall apply accordingly.
2. The purposes for which the authorisations referred to in paragraph 1(b) may be given, the provisions relating to the marking of packages, and the quantities and the conditions under which Member States may grant such authorisation, shall be determined in accordance with the procedure referred to in Article 25(2).
3. Authorisations granted before 14 December 1998 by Member States to producers in their own territory for the purposes set out in paragraph 1 shall remain in force pending determination of the provisions referred to in paragraph 2. Thereafter, all such authorisations shall respect the provisions established in accordance with paragraph 2.
Article 7
Article 8
Article 9
2. For the examination of seed for certification and the examination of commercial seed, samples shall be drawn from homogeneous lots; the maximum weight of a lot and the minimum weight of a sample are given in Annex III.
Article 10
2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.
Article 11
In order to ensure sealing, the sealing system shall comprise at least either the official label or the affixing of an official seal.
The measures provided for in the second subparagraph above shall not be necessary where a non-reusable sealing system is used.
In accordance with the procedure referred to in Article 25(2), it may be established whether a particular sealing system complies with the provisions of this paragraph.
2. Packages which have been officially sealed shall not be resealed, whether one or more times, except officially or under official supervision. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 12(1).
3. Member States may provide for exceptions to paragraph 1 in the case of small packages sealed in their own territory. Conditions relating to these exceptions may be determined in accordance with the procedure referred to in Article 25(2).
Article 12
(a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations and brown for commercial seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 5(a), the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorised. In accordance with the procedure referred to in Article 25(2) the indelible printing under official supervision of the information on the package according to the label's model may be authorised;
(b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV(A)(a)(4), (5) and (6) and in the case of commercial seed, under (b) (2), (5) and (6). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.
2. Member States may provide for exceptions to paragraph 1 in the case of small packages sealed on their own territory. Conditions relating to these exceptions may be determined in accordance with the procedure referred to in Article 25(2).
3. This Directive shall not affect the right of Member States to require that seed of oil and fibre plants which is shown to be intended for purposes other than agricultural production may not be placed on the market unless this fact is stated on the label.
Article 13
Article 14
Article 15
Article 16
In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.
Article 17
Article 18
(a) it must have been officially inspected by the competent certification authority in accordance with the provisions applicable to the certification of basic seed;
(b) it must be packed in accordance with this Directive; and
(c) the packages must 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, or
- 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 authors' 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.
Article 19
- which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 20(b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and
- which has been harvested in another Member State,
shall, on request and without prejudice to the provisions of Directive 2002/53/EC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied.
Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorise official certification as basic seed, if the conditions laid down for that category are satisfied.
2. Seed of oil and fibre plants which has been harvested in the Community and which is intended for certification in accordance with 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 Article 11(1); and
- be accompanied by an official document satisfying the conditions laid down in Annex V(C).
The provisions in the first subparagraph on packing and labelling may be waived if the authorities responsible for field inspection, those drawing up the documents for the certification of seeds which have not been definitively certified and those responsible for certification are the same, or if they agree on exemption.
3. Member States shall also provide that seed of oil and fibre plants
- which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 20(b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and
- which has been harvested in a third country,
shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 20(a) for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorise official certification of such seed.
Article 20
(a) in the case provided for in Article 18, the field inspections in the third country satisfy the conditions laid down in Annex I;
(b) seed of oil and fibre plants which has been harvested in a third country and affords the same assurances as regards its characteristics and the arrangements for its examination, for ensuring its identity, for marking and for control is equivalent in these respects to basic seed, certified seed, certified seed of the first, second or third generation or commercial seed harvested within the Community and complying with the provisions of this Directive.
2. Paragraph 1 shall also apply in respect of any new Member State from the date of its accession to the date on which it is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.
Article 21
2. For a category of seed of any given variety, the official label shall be that provided for the corresponding category; for seed of varieties not included in the abovementioned catalogues the official label 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. Rules for the application of paragraph 1 may be adopted in accordance with the procedure referred to in Article 25(2).
Article 22
2. Without prejudice to the free movement of seed within the Community, Member States shall take all necessary measures to ensure that they are supplied with the following particulars during the marketing of quantities exceeding two kilograms of seed imported from third countries:
(a) species;
(b) variety;
(c) category;
(d) country of production and official inspection authority;
(e) country of dispatch;
(f) importer;
(g) quantity of seed.
The manner in which these particulars are to be presented may be determined in accordance with the procedure referred to in Article 25(2).
Article 23
2. These comparative tests shall be used to harmonise the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on these tests and sent in confidence to the Member States and to the Commission. The Commission shall, in accordance with the procedure referred to in Article 25(2), set the date for the first report.
3. The Commission, acting in accordance with the procedure laid down in Article 25(2), shall make the necessary arrangements for the comparative tests to be carried out. Seed of oil and fibre plants harvested in third countries may be included in the comparative tests.
Article 24
Article 25
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 26
Article 27
(a) conditions under which chemically treated seed may be marketed;
(b) conditions under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, including seed mixtures of species which also include species listed in Article 1 of Directive 2002/53/EC, and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;
(c) conditions under which seed suitable for organic production may be marketed.
2. The specific conditions referred to in paragraph 1(b) shall include in particular the following points:
(a) the seed of these species shall be of a known provenance approved by the appropriate Authority in each Member State for marketing the seed in defined areas;
(b) appropriate quantitative restrictions.
Article 28
(a) in respect of the following species:
- Safflower;
(b) in respect of other species which are not normally reproduced or marketed in its territory.
Article 29
The Commission shall inform the other Member States thereof.
Article 30
Article 31
2. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.