Annexes to COM(1995)622-3 - Marketing of seed of oil and fibre plants (consolidated version)

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Annex VI, part A.

(4) See page 1 of this Official Journal.

(5) OJ L 184, 17.7.1999, p. 23.

(6) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Decision 96/336/EC (OJ L 128, 29.5.1996, p. 23).

(7) OJ L 125, 11.7.1966, p. 2289/66.


ANNEX I


CONDITIONS TO BE SATISFIED BY THE CROP

1. The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.

2. The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:

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These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line of Helianthus annuus, sufficient identity and purity as regards its characteristics.

For the production of seed of hybrid varieties of Helianthus annuus, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration.

In particular, crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. and hybrids of Helianthus annuus shall conform to the following standards or other conditions:

A. Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi and Gossypium spp.:

the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed:

- one per 30 m2 for the production of basic seed,

- one per 10 m2 for the production of certified seed.

B. Hybrids of Helianthus annuus:

(a) the percentage by number of plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed:

(aa) for the production of basic seed:

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(bb) for the production of certified seed:

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(b) the following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:

(aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;

(bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0,5 %;

(cc) for the production of basic seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0,5 %;

(dd) where the condition laid down in Annex II(I)(2) cannot be satisfied, the following conditions shall be satisfied: a male-sterile component shall be used to produce certified seed by using a male component which contains a specific restorer line or lines so that at least one-third of the plants grown from the resulting hybrid will produce pollen which appears normal in all respects.

4. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level. In the case of Glycine max. this condition is applicable in particular to the organisms Pseudomonas syringae pv. glycinea, Diaporthe phaseolorum var. caulivora and var. sojae, Phialophora gregata and Phytophthora megasperma f.sp. glycinea.

5. The satisfaction of the abovementioned standards or other conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision. These field inspections shall be carried out in accordance with the following conditions:

A. the condition and the stage of development of the crop shall permit an adequate examination,

B. in cases other than crops of hybrids of sunflower there shall be at least one field inspection. In the case of hybrids of sunflower there shall be at least two field inspections,

C. the size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.


ANNEX II


CONDITIONS TO BE SATISFIED BY THE SEED

I. BASIC AND CERTIFIED SEED

1. The seed shall have sufficient varietal identity and varietal purity. In particular, seeds of the species listed below shall conform to the following standards or other conditions:

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The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

2. Where the condition laid down in Annex I(3)(B)(b)(dd) cannot be satisfied, the following condition shall be met: where for the production of certified seed of hybrids of sunflower a female male-sterile component and a male component which does not restore male fertility have been used, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile seed parent. The ratio of male-sterile parent seed to male-fertile parent shall not exceed two to one.

3. The seed shall conform to the followign standards or other conditions as regards germination, analytical purity and content of seeds of other plant species including Orobanche spp.:

A.

Table:

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B. Standards or other conditions applicable where reference is made to them in the table under Section I(3)(A) of this Annex:

(a) the maximum contents of seeds laid down in column 5 include also the seeds of the species in columns 6 to 11;

(b) the determination of total content of seeds of other plants species by number need not be carried out unless there is doubt whether the conditions laid down in column 5 have been satisfied;

(c) the determination of seeds of Cuscuta spp. by number need not be carried out unless there is doubt whether the conditions laid down in column 7 have been satisfied;

(d) the presence of one seed of Cuscuta spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of Cuscuta spp.;

(e) the seed shall be free from Orobanche spp.; however the presence of one seed of Orobanche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any seeds of Orobanche spp.

4. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level. In particular, the seed shall conform to the following standards or other conditions:

A.

Table:

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B. Standards or other conditions applicable where reference is made to them in the table under Section I(4)(A) of this Annex:

(a) in flax, the maximum percentage by number of seeds contaminated by Ascochyta linicola (syn. Phoma linicola) shall not exceed one;

(b) the determination of sclerotia or fragments of sclerotia of Sclerotinia sclerotiorum by number need not be carried out unless there is doubt whether the conditions laid down in column 5 of this table have been satisfied.

C. Particular standards or other conditions applicable to Glycine max.:

(a) in respect of Pseudomonas syringae pv. glycinea the maximum number of sub-samples within a sample of 5000 seeds minimum per lot subdivided into 5 subsamples which have been found to be contaminated by the said organism shall not exceed 4;

where suspect colonies are identified in all five subsamples, appropriate biochemical tests on the suspect colonies isolated on a preferential medium for each subsample may be used to confirm the above standards or conditions;

(b) in respect of Diaporthe phaseolorum the maximum number of seeds contaminated shall not exceed 15 %;

(c) the percentage by weight of inert matter, as defined in accordance with current international testing methods, shall not exceed 0,3.

In accordance with the procedure referred to in Article 25(2), Member States may be authorised not to carry out the examination in respect of the above particular standards or other conditions unless, on the basis of previous experience, there is doubt whether those standards or conditions have been satisfied.

II. COMMERCIAL SEED

With the exception of Section I, the conditions referred to in Annex II(I) shall apply to commercial seed.


ANNEX III


LOT AND SAMPLE WEIGHTS

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The maximum lot weight shall not be exceeded by more than 5 %.


ANNEX IV


LABEL

A. Required information

(a) For basic seed and certified seed

1. "EC rules and standards".

2. Certification authority and Member State or their initials.

3. Month and year of sealing expressed thus: "sealed ... (month and year)", or

month and year of the last official sampling for the purposes of certification expressed thus: "sampled ... (month and year)".

4. Reference number of lot.

5. Species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters.

6. Variety, indicated at least in roman characters.

7. Category.

8. Country of production.

9. Declared net or gross weight.

10. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

11. In the case of varieties which are hybrids or inbred lines:

- for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under Directive 2002/53/EC:

the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word "component",

- for basic seed in other cases:

the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word "component",

- for certified seed:

the name of the variety to which the seed belongs, accompanied by the word "hybrid".

12. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.

In accordance with the procedure laid down in Article 25(2), Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

(b) For commercial seed

1. "EC rules and standards".

2. "Commercial seed (not certified as to variety)".

3. Certification authority and Member State or their initials.

4. Month and year of sealing expressed thus: "sealed ... (month and year)".

5. Reference number of lot.

6. Species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters.

7. Region of production.

8. Declared net or gross weight.

9. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.

10. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.

In accordance with the procedure referred to in Article 25(2), Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

B. Minimum dimensions

110 mm × 67 mm.


ANNEX V


LABEL AND DOCUMENT PROVIDED IN THE CASE OF SEED NOT FINALLY CERTIFIED, HARVESTED IN ANOTHER MEMBER STATE

A. Information required for the label

- authority responsible for field inspection and Member State or their initials,

- 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; in the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word "component" shall be added,

- category,

- in the case of hybrid varieties, the word "hybrid",

- field or lot reference number,

- declared net or gross weight,

- the words "seed not finally certified".

In accordance with the procedure referred to in Article 25(2), Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

B. Colour of the label

The label shall be grey.

C. Information required for the document

- authority issuing the document,

- 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,

- category,

- reference number of the seed used to sow the field and name of the country or countries which certified that seed,

- field lot or reference number,

- area cultivated for the production of the lot covered by the document,

- quantity of seed harvested and number of packages,

- number of generations after basic seed, in the case of certified seed,

- attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,

- where appropriate, results of a preliminary seed analysis.


ANNEX VI


PART A

REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS

(referred to by Article 31)

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PART B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW

(referred to by Article 31)

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ANNEX VII


TABLE OF CORRESPONDENCE

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