Council Directive 2002/55/ECDangos y teitl llawn

Article 2 U.K.

1. For the purpose of this Directive:

(a) ‘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 no 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 46(2);

[F1 (b) ‘vegetables’

:

means plants of following species intended for agricultural or horticultural production, but not for ornamental uses.

Allium cepa L.

• Cepa Group (Onion, Echalion)

• Aggregatum Group (Shallot)

Allium fistulosum L. (Japanese bunching onion or Welsh onion)

• all varieties

Allium porrum L. (Leek)

• all varieties

Allium sativum L. (Garlic)

• all varieties

Allium schoenoprasum L. (Chives)

• all varieties

Anthriscus cerefolium (L.) Hoffm. (Chervil)

• all varieties

Apium graveolens L.

• Celery Group

• Celeriac Group

Asparagus officinalis L. (Asparagus)

• all varieties

Beta vulgaris L.

• Garden Beet Group (Beetroot including Cheltenham beet)

• Leaf Beet Group (Spinach beet or Chard)

Brassica oleracea L.

• Kale Group

• Cauliflower Group

• Capitata Group (Red cabbage and White cabbage)

• Brussel Sprouts Group

• Kohlrabi Group

• Savoy Cabbage Group

• Broccoli Group (calabrese type and sprouting type)

• Palm Kale Group

• Tronchuda Group (Portuguese cabbage)

Brassica rapa L.

• Chinese Cabbage Group

• Vegetable Turnip Group

Capsicum annuum L. (Chili or Pepper)

• all varieties

Cichorium endivia L. (Endive)

• all varieties

Cichorium intybus L.

• Witloof Chicory Group

• Leaf Chicory Group (Large-leaved chicory or Italian chicory)

• Industrial (Root) Chicory Group

Citrullus lanatus (Thunb.) Matsum. et Nakai (Watermelon)

• all varieties

Cucumis melo L. (Melon)

• all varieties

Cucumis sativus L.

• Cucumber Group

• Gherkin Group

Cucurbita maxima Duchesne (Gourd)

• all varieties

Cucurbita pepo L. (Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash)

• all varieties

Cynara cardunculus L.

• Globe Artichoke Group

• Cardoon Group

Daucus carota L. (Carrot and Fodder Carrot)

• all varieties

Foeniculum vulgare Mill. (Fennel)

• Azoricum Group

Lactuca sativa L. (Lettuce)

• all varieties

Solanum lycopersicum L. (Tomato)

• all varieties

Petroselinum crispum (Mill.) Nyman ex A. W. Hill

• Leaf Parsley Group

• Root Parsley Group

Phaseolus coccineus L. (Runner bean)

• all varieties

Phaseolus vulgaris L.

• Dwarf French Bean Group

• Climbing French Bean Group

Pisum sativum L.

• Round Pea Group

• Wrinkled Pea Group

• Sugar Pea Group

Raphanus sativus L.

• Radish Group

• Black Radish Group

Rheum rhabarbarum L. (Rhubarb)

• all varieties

Scorzonera hispanica L. (Scorzonera or Black salsify)

• all varieties

Solanum melongena L. (Aubergine or Eggplant)

• all varieties

Spinacia oleracea L. (Spinach)

• all varieties

Valerianella locusta (L.) Laterr. (Corn salad or Lamb’s lettuce)

• all varieties

Vicia faba L. (Broad bean)

• all varieties

Zea mays L.

• Sweet Corn Group

• Popcorn Group

All hybrids of the species and Groups listed above.]

(c) ‘basic seed’

:

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 of the category ‘certified seed’;

(iii)

which, subject to the provisions of Article 22, satisfies the conditions laid down in Annexes I and II for basic seed; and

(iv)

[F2 which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or examination carried out under official supervision to satisfy the conditions set out in (i), (ii) and (iii);]

(d) ‘certified seed’

:

means seed

(i)

which is 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 mainly for the production of vegetables;

(iii)

which, subject to the provisions of point (b) of Article 22, satisfies the conditions laid down in Annexes I and II for certified seed;

(iv)

[F2 which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (i), (ii) and (iii);]

(v)

which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

(e) ‘standard seed’

:

means seed

(i)

which has sufficient varietal identity and varietal purity;

(ii)

which is intended mainly for the production of vegetables;

(iii)

which satisfies the conditions laid down in Annex II; and

(iv)

which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

(f) ‘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 under 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;

(g) ‘EC small packages’

:

means packages containing seed up to a maximum net weight of

(i)

5 kg for legumes;

(ii)

500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce;

(iii)

100 g for all other species of vegetable.

2. Amendments to be made to the list of species referred to in paragraph 1(b) shall be adopted in accordance with the procedures referred to in Article 46(2).

3. The different types of varieties, including the components, may be specified and defined in accordance with the procedure laid down in Article 46(2).

[F3 4. When the examinations under official supervision referred to in paragraph (1)(c)(iv) and (1)(d)(iv) are 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 competent 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 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 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.]

Textual Amendments

F1 Substituted by Commission Implementing Directive (EU) 2020/432 of 23 March 2020 amending Council Directive 2002/55/EC with regard to the definition of vegetables and the list of genera and species in Article 2(1)(b) (Text with EEA relevance).

F2 Substituted by Council Directive 2004/117/EC of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries.

F3 Inserted by Council Directive 2004/117/EC of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries.