Council Directive 2002/57/ECShow full title

Article 2 U.K.

1. For the purpose of this Directive:

(a) ‘marketing’

:

means 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 referred to in Article 25(2);

(b) ‘oil and fibre plants’

:

means plants of the following genera and species:

Arachis hypogaea L.	Groundnut (peanut)
[F1 Brassica juncea (L.) Czern]	Brown mustard
Brassica napus L. (partim)	Swede rape
[F1 Brassica nigra (L.) W.D.J. Koch]	Black mustard
Brassica rapa L. var. silvestris (Lam.) Briggs	Turnip rape
Cannabis sativa L.	Hemp
Carthamus tinctorius L.	Safflower
Carum carvi L.	Caraway
Glycine max (L.) Merr.	Soja bean
Gossypium spp.	Cotton
Helianthus annuus L.	Sunflower
Linum usitatissimum L.	Flax, linseed
[F1 Papaver somniferum L.	Poppy]
Sinapis alba L.	White mustard;

[F2 (c) ‘basic seed’

:

(varieties other than hybrids) 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 either of the category ‘certified seed’ or of the categories ‘certified seed, first generation’ or ‘certified seed, second generation’ or, where appropriate, ‘certified seed, third generation’;

(iii)

which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and

(iv)

[F3 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 (i), (ii) and (iii);]

[F2 (d) ‘basic seed’ (hybrids)]

:

1.

‘Basic seed of inbred lines’ means seed

(i)

which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and

(ii)

[F3 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 (i);]

2.

‘Basic seed of simple hybrids’ means seed

(i)

which is intended for the production of three-way-cross hybrids or double-cross hybrids;

(ii)

which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and

(iii)

[F3 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 (i) and (ii);]

(e) ‘certified seed’

:

(turnip rape, brown mustard, swede rape, dioecious hemp, safflower, black mustard, caraway, sunflower, opium poppy, white mustard) means seed

(i)

which has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed and 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 for purposes other than the production of seed of oil or fibre plants;

(iii)

which, subject to the provisions of point (b) of Article 5, satisfies the conditions laid down in Annexes I and II for certified seed; and

(iv)

[F3 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);]

(f) ‘certified seed, first generation’

:

(groundnut, monoecious hemp, flax, linseed, soya, cotton) means seed

(i)

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;

(ii)

which is intended either for the production of seed of the category ‘certified seed, second generation’ or, where appropriate, of the category ‘certified seed, third generation’, or for purposes other than the production of seed of oil or fibre plants;

(iii)

which satisfies the conditions laid down in Annexes I and II for certified seed; and

(iv)

[F3 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);]

(g) ‘certified seed, second generation’

:

(groundnut, flax, linseed, soya, cotton) means seed

(i)

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 and 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 for purposes other than the production of seed of oil or fibre plants or, where appropriate, which is intended for the production of seed of the category ‘certified seed, third generation’;

(iii)

which satisfies the conditions laid down in Annexes I and II for certified seed; and

(iv)

[F3 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);]

(h) ‘certified seed, second generation’ (monoecius hemp)

:

means seed

(i)

which has been produced directly from certified seed of the first generation which has been established and officially controlled with a special view to the production of certified seed of the second generation;

(ii)

which is intended for the production of hemp to be harvested in flower;

(iii)

which satisfies the conditions laid down in Annexes I and II for certified seed; and

(iv)

[F3 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);]

(i) ‘certified seed, third generation’

:

(flax, linseed) means seed

(i)

which is of direct descent from basic seed, from certified seed of the first or second generation or, if the breeder so requests, from seed of a generation prior to basic seed and 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 for purposes other than the production of seed of oil or fibre plants;

(iii)

which satisfies the conditions laid down in Annexes I and II for certified seed; and

(iv)

[F3 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);]

(j) ‘commercial seed’

:

means seed

(i)

which is identifiable as belonging to a species;

(ii)

which, subject to the provisions of Article 5(b), satisfies the conditions laid down in Annex II for commercial seed, and

(iii)

[F3 which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (i) and (ii);]

(k) ‘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 subject to 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.

2. Amendments to be made to the list of species referred to in paragraph 1(b) shall be adopted in accordance with the procedure laid down in Article 25(2).

3. The different types of varieties, including the components, eligible for certification under the provisions of this Directive may be specified and defined in accordance with the procedure laid down in Article 25(2).

[F4 3a. Amendments to be made to paragraph 1(c) and (d) for the purpose of including hybrids of oil and fibre plants other than sunflower within the scope of this Directive shall be adopted in accordance with the procedure laid down in Article 25(2).]

4. Member States may:

(a) in the case of flax or linseed seed, include several generations in the basic seed category and subdivide this category by generation;

(b) provide that official examination to check compliance with the condition laid down in Annex II(I)(4) for Brassica napus shall not be carried out on all lots during certification unless there is doubt whether that condition has been satisfied.

[F3 5. When the examinations under official supervision referred to in paragraphs (1)(c)(iv), (1)(d)(1)(ii), (1)(d)(2)(iii), (1)(e)(iv), (1)(f)(iv), (1)(g)(iv), (1)(h)(iv), (1)(i)(iv) and (1)(j)(iii) 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 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.]

6. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure referred to in Article 25(2).

[ F5 . . . . .]

Textual Amendments

F1 Substituted by Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (Text with EEA relevance).

F2 Substituted by Commission Directive 2003/45/EC of 28 May 2003 amending Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants (Text with EEA relevance).

F3 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.

F4 Inserted by Council Directive 2002/68/EC of 19 July 2002 amending Directive 2002/57/EC on the marketing of seed of oil and fibre plants.

F5 Deleted 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.