Council Directive 2002/55/ECShow full title

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);

(b) ‘vegetables’

:

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

Allium cepa L.	Onion
Allium porrum L.	Leek
Anthriscus cerefolium (L.) Hoffm.	Chervil
Apium graveolens L.	Celery
Asparagus officinalis L.	Asparagus
Beta vulgaris L. var. vulgaris	Spinach beet, chard
Beta vulgaris L. var. conditiva Alef.	Red beet or beetroot
Brassica oleracea L. convar. acephala (DC.) Alef. var. sabellica L.	Curly kale
Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis L.	Cauliflower
Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch.	Sprouting broccoli or calabrese
Brassica oleracea L. convar. oleracea var. gemmifera DC.	Brussels sprouts
Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L.	Savoy cabbage
Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC.	Cabbage
Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC.	Red cabbage
Brassica oleracea L. convar. acephala (DC.) Alef. var. gongylodes L.	Kohlrabi
Brassica pekinensis (Lour.) Rupr.	Chinese cabbage
Brassica rapa L. var. rapa	Turnip
Capsicum annuum L.	Chili Pepper Capsicum
Cichorium endivia L.	Endive
Cichorium intybus L. (partim)	Witloof chicory, large-leaved chicory (Italian chicory), Industrial chicory
Citrullus lanatus (Thunb.) Matsum. et Nakai	Water melon
Cucumis melo L.	Melon
Cucumis sativus L.	Cucumber, gherkin
Cucurbita maxima Duchesne	Gourd
Cucurbita pepo L.	Marrow
Cynara cardunculus L.	Cardoon
Daucus carota L.	Carrot
Foeniculum vulgare Miller	Fennel
Lactuca sativa L.	Lettuce
Lycopersicon lycopersicum (L.) Karsten ex Farw.	Tomato
Petroselinum crispum (Miller) Nyman ex A. W. Hill	Parsley
Phaseolus coccineus L.	Runner bean
Phaseolus vulgaris L.	French bean
Pisum sativum L. (partim)	Pea, excluding Fieldpea
Raphanus sativus L.	Radish
Scorzonera hispanica L.	Scorzonera or Black salsify
Solanum melongena L.	Aubergine or egg plant
Spinacia oleracea L.	Spinach
Valerianella locusta (L.) Laterr.	Corn salad or Lamb's lettuce
Vicia faba L. (partim)	Broad bean

(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)

[F1 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)

[F1 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).

[F2 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 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.

F2 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.