Commission Directive 2010/60/EUShow full title

Commission Directive 2010/60/EU

of 30 August 2010

providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1), and in particular the fourth subparagraph of Article 13(1) thereof,

Whereas:

(1) The questions of biodiversity and the conservation of plant genetic resources have grown in importance in recent years, as shown by different developments at international and EU level. Examples include Council Decision 93/626/EEC of 25 October 1993 concerning the conclusion of the Convention on Biological Diversity(2), Council Decision 2004/869/EC of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture(3), Council Regulation (EC) No 870/2004 of 26 April 2004 establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture and repealing Regulation (EC) No 1467/94(4) and Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(5). Specific conditions should be established under the EU legislation governing the marketing of fodder plant seed mixtures, namely Directive 66/401/EEC, in order to take account of these issues.

(2) To allow the marketing of fodder plant seed mixtures which are intended for use in the preservation of the natural environment in the context of the conservation of genetic resources (hereinafter preservation mixtures), even where the components of those mixtures do not comply with some of the general requirements for marketing provided for in Directive 66/401/EEC, it is necessary to provide for certain derogations.

(3) To ensure that mixtures marketed as preservation mixtures fulfil the requirements of those derogations, it is necessary to provide that marketing of such mixtures is subject to authorisation. Authorisation should be granted on application.

(4) As regards preservation mixtures containing conservation varieties within the meaning of Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties(6), this Directive should, however, be without prejudice to Directive 2008/62/EC.

(5) Special areas of conservation designated by the Member States in accordance with Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(7) host natural and semi-natural habitats worthy of conservation. Such areas should be considered as source areas for preservation mixtures. Member States should also have the possibility to designate other areas contributing to the conservation of plant genetic resources if they comply with comparable rules.

(6) It should be provided that the components of the preservation mixture are indicated as species and, where relevant, subspecies in the authorisation and on the label. The specific germination rate for components of the mixture covered by Directive 66/401/EEC which do not comply with the germination requirements set out in Annex II to that Directive should also be provided. As regards these requirements, for directly harvested preservation mixtures it is necessary to take into account the harvesting method.

(7) It is necessary to provide for derogations concerning the examination of the preservation mixture by the Member States before it is authorised for marketing. The manner in which these mixtures are examined should in certain cases also allow for the differences between the harvesting methods of crop-grown and of directly harvested preservation mixtures.

(8) To ensure that the marketing of preservation mixtures takes place in the context of the conservation of genetic resources, restrictions should be provided for, in particular, regarding the region of origin and the source area.

(9) A maximum quantity should be fixed for the marketing of preservation mixtures. To make sure that this maximum quantity is respected, Member States should require producers to notify the quantities of preservation mixtures for which they intend to apply for authorisation, and Member States should allocate the quantities to producers if necessary.

(10) The traceability of preservation mixtures should be ensured through appropriate sealing and labelling requirements.

(11) To ensure that the rules laid down in this Directive are correctly applied, official monitoring should be carried out.

(12) After an appropriate period the Commission should assess whether the measures provided for in this Directive are effective.

(13) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ 125, 11.7.1966, p. 2298/66.

(2)

OJ L 309, 13.12.1993, p. 1.

(3)

OJ L 378, 23.12.2004, p. 1.

(4)

OJ L 162, 30.4.2004, p. 18.

(5)

OJ L 277, 21.10.2005, p. 1.

(6)

OJ L 162, 21.6.2008, p. 13.

(7)

OJ L 206, 22.7.1992, p. 7.