Commission Implementing Decision (EU) 2017/547Show full title

Article 4 Official certification and derogations from Directive 2002/56/EC

Until 31 December 2023 and within the quantitative limit provided for in Article 5, participating Member States may officially certify experimental seed tubers as ‘basic seed potatoes’ or ‘certified seed potatoes’ in accordance with the respective provisions of Directive 2002/56/EC if those seed tubers comply with Articles 6 and 7 of this Decision and they have been bred, produced or maintained by persons registered pursuant to Article 8 of this Decision, provided that those experimental seed tubers belong to a variety that fulfils one of the following conditions:

(a)

it is listed in the Common Catalogue of Varieties of Agricultural Plant Species pursuant to Article 17 of Council Directive 2002/53/EC(1);

(b)

it has been accepted in another Member State pursuant to Article 3 of Directive 2002/53/EC;

(c)

a valid application has been submitted for the acceptance of that variety pursuant to Article 3 of Directive 2002/53/EC.

For the purposes of the first paragraph, the experimental seed tubers shall be considered as being produced according to accepted practices for the maintenance of the variety and of health as referred to in Article 2(b)(i) of Directive 2002/56/EC and be considered as being produced from seed of a generation prior to basic seed as referred to in Article 2(c)(i) of that Directive.

Points 1(b) and 2(b) of Annex I and point 3 of Annex II to Directive 2002/56/EC shall not apply.

Article 10 of Directive 2002/56/EC shall not apply to the tubers harvested from experimental seedlings.

(1)

Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).