[Article 1 U.K.
This Directive shall apply to the production with a view to marketing, and to the marketing, of fodder plant seed within the Community.]
[Article 1a U.K.
For the purposes of this Directive ‘ marketing ’ shall mean 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 laid down in Article 21.]
Article 2U.K.
[1.] For the purposes of this Directive, the following definitions shall apply:
A.
Fodder plants: plants of the following genera and species:
(a) | Gramineae | Grasses |
[ | Agrostis canina L. | Velvet bent] |
[ | Agrostis gigantea | Roth Redtop |
| Agrostis stolonifera L. | Creeping bent grass |
| [Agrostis capillaris L.] | Brown top] |
| Alopecurus pratensis L. | Meadow foxtail |
[ | [Arrhenatherum elatius (L.) P. Beauv. ex J.S et (SIC! and) K.B Presl.] | Tall oatgrass] |
[ | Bromus catharticus Vahl | Rescue grass |
| Bromus sitchensis Trin. | Alaska bromegrass] |
[ | Cynodon dactylon (L.) Pers. | Bermuda grass] |
| Dactylis glomerata L. | Cocksfoot |
| [Festuca arundinacea Schreber] | Tall fescue |
| Festuca ovina L. | Sheep's fescue |
| [Festuca pratensis Hudson] | Meadow fescue |
| Festuca rubra L. | Red fescue |
[ | Lolium multiflorum Lam. | Italian ryegrass (including Westerwold ryegrass) |
| Lolium perenne L. | Perennial ryegrass |
| [Lolium × boucheanum Kunth] | Hybrid ryegrass] |
[ | Phalaris aquatica L. | Harding grass, Phalaris] |
[ | Phleum bertolonii DC | Timothy] |
| Phleum pratense L. | Timothy |
[ | Poa annua L. | Annual meadowgrass |
| Poa nemoralis L. | Wood meadowgrass |
| Poa palustris L. | Swamp meadowgrass |
| Poa pratensis L. | Smooth-stalk meadowgrass |
| Poa trivialis L. | Rough-stalk meadowgrass] |
[ | [Trisetum flavescens (L.) P. Beauv.] | Golden oatgrass] |
[ | This definition shall also cover the following hybrid resulting from the crossing of species referred to above. |
[ | Festuca spp. x Lolium spp. | Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium (x Festulolium )] ] |
[(b) | Leguminosae | Legumes |
| Hedysarum coronarium L. | Sulla |
| Lotus corniculatus L. | Birdsfoot trefoil |
[ | Lupinus albus L. | White lupin |
| Lupinus angustifolius L. | Blue lupin |
| Lupinus luteus L. | Yellow lupin] |
| Medicago lupulina L. | Black medick |
| Medicago sativa L. | Lucerne |
[ | [Medicago × varia T. Martyn] | Lucerne |
| Onobrychis viciifolia Scop. | Sainfoin |
| Pisum sativum L. (partim) | Field pea] |
| Trifolium alexandrinum L. | Berseem, Egyptian clover |
| Trifolium hybridum L. | Alsike clover |
| Trifolium incarnatum L. | Crimson clover |
| Trifolium pratense L. | Red clover |
| Trifolium repens L. | White clover |
| Trifolium resupinatum L. | Persian clover |
[ | Trigonella foenum-graecum L. | Fenugreek |
| Vicia faba L. (partim) | Field beans] |
[ | Vicia pannonica Crantz | Hungarian vetch |
| Vicia sativa L. | Common vetch |
| Vicia villosa Roth | Hairy vetch] ] |
[(c) | Other species | |
| [Brassica napus L. var. napobrassica (L.) Rchb.] | [Swede] |
| [Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.] | [Fodder kale] ] |
[ | Phacelia tanacetifolia Benth. | California bluebell] |
[ | [Raphanus sativus L. var. oleiformis Pers.] | Fodder radish.] |
B.
Basic Seed:
1.
Seed of bred varieties: seed
(a)
which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;
(b)
which is intended for the production of seed of the category ‘certified seed’;
(c)
which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and
(d)
[which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision, to satisfy the conditions set out in (a), (b) and (c).]
2.
Seed of local varieties: seed
(a)
which has been produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;
(b)
which is intended for the production of seed of the category ‘certified seed’;
(c)
which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and
(d)
[which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision, to satisfy the conditions set out in (a), (b) and (c).]
C.
[Certified seed: seed of all the species listed under A other than Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa:
(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 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;
(c)
which, subject to 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 or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).] ]
Ca.
[Certified seed, first generation ( Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa ) 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, subject to 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 or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).]
Cb.
Certified seed, second generation ( Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa ) 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 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, subject to 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 or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).] ]
D.
Commercial seed: seed
(a)
Which is identifiable as belonging to a species;
(b)
which, subject to the provisions of Article 4 (b), satisfies the conditions laid down in Annex II for commercial seed; and
(c)
[which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a) and (b).]
E.
Official measures: measures taken
(a)
by State authorities, or
(b)
by any legal person whether governed by public or by private law, acting under the responsibility of the State, or
(c)
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 (b) and (c) derive no private gain from such measures.
F.
[Small [EC] A packages: packages containing a mixture of seeds not intended for the production of fodder plants, with a net weight not exceeding 2 kg excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.
G.
Small [EC B packages: packages containing certified seed, [basic seed,] commercial seed or — if the packages concerned are not small EC] A packages — a mixture of seeds with a net weight not exceeding 10 kg excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.]
[1a. Amendments to be made to the list of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 21.]
[1b. The different types of varieties, including the components, eligible for certification under this Directive may be specified and defined in accordance with the procedure laid down in Article 21.]
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[ [1d.] Member States may be authorized, in accordance with the procedure laid down in Article 21, not to apply in respect of the production of a given Member State the condition contained in Annex II, section I, point 2, paragraph B (1) for one or more of the species concerned, if it can be assumed from ecological conditions and previous experience that the standards laid down in Annex II, section I, point 2, column 13 of the table are being complied with.]
[2. 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 paragraph 1 (C), certify as certified seed seed [produced directly] from seed officially controlled in a Member State under the scheme in operation at that time and which affords the same assurances as seed certified as basic seed or certified seed in accordance with the principles of this Directive.]
[ . . . . .]
[ [3. When the examination under official supervision set out in paragraphs (1)(B)(1)(d), (1)(B)(2)(d), (1)(C)(d), (1)(Ca)(d), (1)(Cb)(d) and (1)(D)(c) is carried out, the following requirements shall be complied with:
A.
Field inspection
(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 at least 5 %.
(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.
(e)
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the licence provided for in (a)(iii) from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
B.
Seed testing
(a)
Seed testing shall be carried out by seed-testing laboratories which have been authorised for that purpose by the seed certification authority of the Member State concerned under the conditions set out in (b) to (d).
(b)
The seed-testing laboratory shall have a seed analyst-in-charge who has direct responsibility for the technical operations of the laboratory and has the necessary qualifications for technical management of a seed-testing laboratory.
Its seed analysts shall have the necessary technical qualifications obtained in training courses organised under conditions applicable to official seed analysts and confirmed by official examinations.
The laboratory shall be maintained in premises and with equipment officially considered by the seed certification authority to be satisfactory for the purpose of seed testing, within the scope of the authorisation.
It shall carry out seed testing in accordance with current international methods.
(c)
The seed-testing laboratory shall be:
(i)
an independent laboratory;
or
(ii)
a laboratory belonging to a seed company.
In the case referred to in (ii), the laboratory may carry out seed testing only on seed lots produced on behalf of the seed company to which it belongs, unless it has been otherwise agreed between that seed company, the applicant for certification and the seed certification authority.
(d)
The seed-testing laboratory’s performance of seed testing shall be subject to appropriate supervision by the seed certification authority.
(e)
For the purposes of the supervision referred to in (d) a proportion of the seed lots entered for the official certification shall be check-tested by official seed testing. That proportion shall in principle be as evenly spread as possible over natural and legal persons entering seed for certification, and the species entered, but may also be oriented to eliminate specific doubts. That proportion shall be at least 5 %.
(f)
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the authorisation provided for in (a), from officially authorised seed-testing laboratories which are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.]
4. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.]
[ . . . . .]
Editorial Information
Textual Amendments
Article 3U.K.
[1. The Member States shall provide that seed of:
[Brassica napus L. var. [napobrassica] (L.) Rchb.
Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. viridis L.]
Dactylis glomerata L.
[Festuca arundinacea Schreber
Festuca pratensis Hudson]
[Festuca rubra L. × Festulolium]
[Lolium multiflorum Lam.
Lolium perenne L.
[Lolium × boucheanum Kunth] ]
Phleum pratense L.
Medicago sativa L.
[ [Medicago × varia T. Martyn]
Pisum sativum L.]
[Raphanus sativus L. var. oleiformis Pers.]
Trifolium repens L.
and, as from 1 July 1971 , seed of Trifolium pratense L.
may not be placed on the market unless it has been officially certified as ‘basic seed’ or ‘certified seed’ [ and unless it satisfies the conditions laid down in Annex II] .]
[1a. Until 31 December 1989 the Kingdom of Spain may be authorized, in accordance with the procedure laid down in Article 21, to provide for exceptions to paragraph 1 in the case of seed of Medicago sativa, Brassica oleracea convar. acephala and Raphanus sativus .]
2.The Member States shall provide that fodder plant seed of genera and 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[, and unless the seed also satisfies the conditions laid down in Annex II].
3.The Commission may, in accordance with the procedure laid down in Article 21, provide that after specified dates seed of genera and species of fodder plant 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.The Member States shall ensure that the official examinations are carried out in accordance with current international methods, insofar as such methods exist.
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Editorial Information
Textual Amendments
[Article 3a U.K.
Notwithstanding 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.]
Article 4U.K.
Member States may, however, by way of derogation from the provisions of Article 3:
(a)
authorize the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex II in respect of germination; a similar derogation may also be granted in respect of certified seed of Trifolium pratense where such seed is intended for the further production [of other certified seed].
In the cases given above, 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, authorize 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’ 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 15 in respect of multiplication outside the Community.
[Member States making use of the derogation provided for in either subparagraph (a) or (b) shall assist each other administratively as regards inspection.]
Editorial Information
Textual Amendments
[Article 4a U.K.
1. Notwithstanding Article 3(1), Member States may authorise producers in their own territory to place on the market:
(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 environment risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 70/457/EEC 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 laid down in Article 21.
3. Authorisations granted before the date of adoption of this Directive 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 5 U.K.
Member States may, as regards the conditions laid down to Annexes I and II, impose additional or more stringent requirements for the certification of seed and also for the examination of commercial seed, which is produced in their own territory.]
[Article 5a U.K.
Member States may restrict the certification of seed of Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa to certified seed of the first generation.]
Article 6U.K.
[The Member States shall provide that the description of the genealogical components which may be required is, if the breeder so requests, treated as confidential.]
Article 7U.K.
[1. Member States shall require that, for the checking of varieties, the examination of seed for certification and the examination of commercial seed, samples are drawn officially or under official supervision in accordance with appropriate methods. However seed sampling with a view to controls pursuant to Article 19 shall be carried out officially.]
[1a. When the seed sampling under official supervision provided for in paragraph 1 is carried out, the following requirements shall be complied with:
(a) seed sampling shall be carried out by seed samplers who have been authorised for that purpose by the seed certification authority of the Member State concerned under the conditions set out in (b), (c), and (d);
(b) seed samplers shall have the necessary technical qualifications obtained in training courses organised under conditions applicable to official seed samplers and confirmed by official examinations.
They shall carry out seed sampling in accordance with current international methods;
(c) seed samplers shall be:
(i)
independent natural persons;
(ii)
persons employed by natural or legal persons whose activities do not involve seed production, seed growing, seed processing or seed trade;
or
(iii)
persons employed by natural or legal persons whose activities involve seed production, seed growing, seed processing or seed trade.
In the case referred to in (iii), a seed sampler may carry out seed sampling only on seed lots produced on behalf of his employer, unless it has been otherwise agreed between his employer, the applicant for certification and the seed certification authority;
(d) the performance of the seed samplers shall be subject to proper supervision by the seed certification authority. When automatic sampling is in operation appropriate procedures must be adhered to and officially supervised;
(e) for the purposes of the supervision referred to in (d) a proportion of the seed lots entered for official certification shall be check-sampled by official seed samplers. That proportion shall in principle be as evenly spread as possible over natural and legal persons entering seed for certification, and the species entered, but may also be oriented to eliminate specific doubts. That proportion shall be at least 5 %. This check sampling does not apply to automatic sampling.
The Member States shall compare the seed samples drawn officially with those of the same seed lot drawn under official supervision;
(f) the Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the authorisation provided for in (a), from officially authorised seed samplers who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed sampled is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
1b. Further measures applicable to the carrying out of seed sampling under official supervision may be adopted in accordance with the procedure laid down in Article 21(2).]
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 8U.K.
1.The Member States shall require that basic seed, certified seed and commercial seed be marketed only in sufficiently homogeneous lots and in sealed [packages] bearing, as prescribed [in Article 9, 10 or 10a], whichever is appropriate, a sealing device and markings.
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.
Editorial Information
Textual Amendments
[Article 9 U.K.
[1. Member States shall require that packages of basic seed, certified seed and commercial seed, except where seed of the two latter categories takes the form of small [EC] B packages, be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on either the official label provided for in Article 10 (1) or the package.
In order to ensure sealing, the sealing system shall comprise at least either the abovementioned label or the affixing of an official seal.
The measures provided for in the second subparagraph shall not be necessary where a non-reusable sealing system is used.
In accordance with the procedure laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph.]
2. Member States shall require that, except in the case of small [EC] B packages, packages shall not be resealed on one or more occaisions (SIC! occasions) unless this is done officially [or under official supervision] . If packages are resealed, the fact of resealing, the date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1).
[3. The Member States shall require that small [EC] B packages be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package. In accordance with the procedure laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph. Packages shall not be resealed on one or more occasions except under official supervision.] ]
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[Article 10 U.K.
1. Member States shall require that packages of basic seed, certified seed and commercial seed, except where seed of the last two categories takes the form of small [EC] B packages:
(a) be labelled on the outside with an official label which has not previusly (SIC! previously) been used, which satisfies the conditions laid down in Annex IV (A) 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 4 (a), the basic seed or certified 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 authorized. In accordance with the procedure laid down in Article 21, the indelible printing under official supervision of the prescribed information on the package according to the label's model may be authorized;
(b) contain an official document, in the same colour as the label, giving at least the infomation required under Annex IV (A) (I) (a) (3), (4) and (5) and, in the case of commercial seed, under (b) (2), (4) and (5). 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 container or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.]
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Article 10a U.K.
1. Member States shall require that small [EC] B packages:
(a) bear on the outside in accordance with Annex IV (B) a supplier's label, a printed notice or stamp in one of the official languages of the Community; in the case of transparent packages this label may be placed inside, provided it can be read through the package; as regards the colour of the label, Article 10 (1) (a) shall apply;
(b) bear on the outside or on the supplier's label provided for in subparagraph (a) an officially assigned serial number; should an official adhesive label be used, Article 10 (1) (a) shall apply as regards its colour; the methods of attaching the said serial number may be fixed in accordance with the procedure laid down under Article 21.
2. Member States may require than (SIC! that) an official adhesive label containing part of the information prescribed in Annex IV (B) is used for the marking of small [EC] B packages packed in their territory; insofar as the information is given on such label, the marking provided for in paragraph 1 (a) shall not be required.
[Article 10b U.K.
Member States may provide that, on request, small EC B packages of seed shall be sealed and marked officially or under official supervision in accordance with Article 9(1) and Article 10.]
Article 10c U.K.
The Member States shall take all measures necessary to ensure that, in the case of small packages of seed, the identity of the seed can be checked, in particular at the time when seed lots are divided up. To this end they may require that small packages divided up in their territory shall be sealed officially or under official supervision.]
[Article 10d U.K.
1. Member States may, by way of derogation from Articles 8, 9 and 10, provide a simplification of the provisions relating to the closing device and the marking of packages in the case of marketing of seed of the category ‘ certified seed ’ in bulk to the final consumer.
2. Conditions for the application of the derogation under paragraph 1 above shall be determined in accordance with the procedure referred to in Article 21(2).
Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 94/650/EC () shall apply.]
[Article 11 U.K.
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 seed or commercial seed shall 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 in accordance with the procedure provided for in Article 21, should be accompanied by an official certificate attesting compliance with those conditions.
2. The particulars to be provided on any such label shall also be established in accordance with the procedure laid down in Article 21.]
[Article 11a U.K.
In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to or accompanies the seed lot, under the provisions of this Directive, shall clearly indicate that the variety has been genetically modified.]
Article 12U.K.
The Member States shall require that any chemical treatment of basic seed, certified seed or commercial seed be noted either on the official label or on the supplier's label and on the [package] or inside it.
[Article 13 U.K.
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[1. Member States shall specify that seed in mixtures of various genera, species or varieties may be placed on the market:
if it is not intended for use as fodder plants, in which case the mixtures may contain seeds of fodder plants and seeds of plants which are not fodder plants within the meaning of this Directive;
if it is intended for use as fodder plants, in which case the mixture may contain seeds of plant species listed in Directives 66/401/EEC, 66/402/EEC, 69/208/EEC or 70/458/EEC, with the exception of the varieties mentioned in Article 4(2)(a) of Directive 70/457/EEC;
if it is intended for use in the preservation of the natural environment in the context of the conservation of genetic resources referred to in Article 22a(b), in which case the mixtures may contain seeds of fodder plants and seeds of plants which are not fodder plants within the meaning of the Directive.
In the cases provided for in the first and second indents, the various components of the mixtures must, in so far as they belong to one of the plant species listed in Directives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC, comply, before mixing, with the marketing regulations applicable to them.
Other conditions, including labelling the technical approval of firms producing seed mixtures, the inspection of the production of mixtures, and the sampling of primary ingredient lots and of finished mixtures, shall be determined in accordance with the procedure laid down in Article 21.
In the case of the third indent, the conditions under which such mixtures may be marketed shall be determined in accordance with the procedure laid down in Article 21.]
[2.] Articles 8, 9, 10b, 11 and 12 shall apply, and, providing, however, the label is green in colour, Articles 10 and 10a. For this purpose, small [EC A packages shall be considered small EC B packages.
However, for small EC] A packages, the officially assigned serial number provided for in paragraph 1 (b) of Article 10 (a) shall not be required.]
[ . . . . .]
[Article 13a U.K.
[For the purpose of seeking improved alternatives to certain provisions set out in this directive, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions laid down in Article 21.]
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 14U.K.
[1. Member States shall ensure that seed which is placed on the market under the provisions of this Directive, whether mandatory or discretionary, is not subject to any marketing restrictions as regards its characteristics, examination requirements, marking and sealing other than those laid down in this or any other Directive.]
[1a. The Commission, in accordance with the procedure provided for in Article 21, shall for the marketing of forage crop seeds authorize, in respect of the whole or parts of the territory of one or more Member States, provisions which are more strict than those laid down in Annex II concerning the presence of Avena fatua in those seeds, if similar provisions are applied to the home production of those seeds and if there is a campaign to eradicate Avena fatua from forage crops grown in the region in question.]
2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Article 14a U.K.
The conditions under which bred seed of generations prior to basic seed may be placed on the market under the first indent of Article 3a shall be as follows:
(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 category ‘ certified seed ’ , or ‘ certified seed of the first generation ’ .
The label shall be white with a diagonal violet line.]
[Article 15 U.K.
1. The Member States shall provide that fodder plant seed
which has been produced directly from basic seed or certified seed officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16 (1) (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 70/457/EEC, 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 authorize official certification as basic seed, if the conditions laid down for that category are satisfied.
[2. Fodder plant seed 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 9(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’.;
clearly indicate that the variety has been genetically modified.]
[3. The Member States shall also provide that fodder plant seed harvested in a third country shall, on request, be officially certified if:
(a) it has been produced directly from:
(i)
basic seed or certified seed officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16(1)(b);
or
(ii)
the crossing of basic seed officially certified in a Member State with basic seed officially certified in a third country referred to in (i);
(b) it has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 16(1)(a) for the relevant category;
(c) official examination has shown that the conditions laid down in Annex II for the same category are satisfied.] ]
Article 16U.K.
1.The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:
(a)in the case provided for in Article 15, the field inspections in the third country satisfy the conditions laid down in Annex I;
[(b) fodder plant seed harvested in a third country and affording the same assurances as regards its characteristics and the arrangements for its examination, for ensuring identity, for marking and for control is equivalent in these respects to seed harvested within the Community and complying with the provisions of this Directive.]
[2. Member States may themselves take decisions under paragraph 1 concerning a third country, insofar as the Council has not yet taken a decision with regard to that country within the framework of this Directive. This right shall expire on [1 July 1978 .] ]
[3. Paragraphs 1 and 2 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]
[4. Paragraph 1 shall also apply to the territory of the former German Democratic Republic until 31 December 1991 . Detailed rules for application may be adopted in accordance with the procedure laid down in Article 21.]
[Article 17 U.K.
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 in quantities necessary to resolve supply difficulties of seed of a category subject to less stringent requirements, or of seed of a variety not included in the Common Catalogue of Varieties of Agricultural Plant Species or in the national catalogues of varieties of the Member States.
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 laid down in Article 21.]
Article 18U.K.
This Directive shall not apply to fodder plant seed shown to be intended for export to third countries.
Article 19U.K.
[1. Member States shall ensure that official inspections are carried out in relation to the marketing of fodder plant seed, at least by random checks, to verify compliance with the requirements and conditions of this Directive.]
[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 laid down in Article 21.]
[Article 20 U.K.
1. Community comparative tests and trials shall be carried out within the Community for the post-control of samples of fodder plant seed placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:
seed harvested in third countries,
seed suitable for organic farming,
seed marketed in relation to the conservation in situ and the sustainable use of plant genetic resources.
2. These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.
3. The Commission, acting in accordance with the procedure referred to in Article 21, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21 about the technical arrangements for holding the tests and trials and the results thereof.
4. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2. The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.
5. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 21.
6. The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State.]
[Article 21 U.K.
1. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry established by Article 1 of Council Decision 66/399/EEC (hereinafter ‘ the Committee ’ ).
2. Where reference is made to this paragraph, Articles 4 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission () shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedures.]
[Article 21a U.K.
[Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 21.] ]
Article 22U.K.
This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.
[Article 22a U.K.
1. Specific conditions may be established in accordance with 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) 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 Council Directive 70/457/EEC, 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 shall include in particular the following points:
(i)
in the case of (b), 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;
(ii)
in the case of (b), appropriate quantitative restrictions.]
Article 23U.K.
The Member States shall, not later than 1 July 1968, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of Article 14 (1) and, not later than 1 July 1969, those necessary to comply with the other provisions of this Directive and its Annexes. They shall forthwith inform the Commission thereof.
[The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the former German Democratic Republic, with the following:
Article 3 (1), in the case of:
seed harvested prior to German unification or after unification insofar as the seed production fields had been sown before that date,
other seed if it is certified in accordance with Article 2 (2),
Article 8 (2), in the case of the restriction to ‘small quantities’ for seed of Pisum sativum L. (partim) and Vicia faba L. (partim);
Article 16, within the limits of the traditional trade flows and in response to the production needs of undertakings in the former German Democratic Republic,
at a date later than that referred to above, but not later than 31 December 1992 in respect of the third indent and not later than 31 December 1994 in respect of the other indents.
The Federal Republic of Germany shall ensure that seed in respect of which it applies this authorization, other than seed specified in the second sub-indent of the first indent, is not introduced into parts of the Community other than the territory of the former German Democratic Republic unless it is established that the provisions of this Directive are complied with.]
[Article 23a U.K.
Upon application by a Member State, which will de (SIC! be) dealt with as provided in Article 21, that State may be wholly or partially released from the obligation to apply this Directive in respect of certain species if seed of those species is not normally reproduced or marketed in its territory.]
Article 24U.K.
This Directive is addressed to the Member States.