01966L0401 — EN — 16.02.2020 — 017.001

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►B	COUNCIL DIRECTIVE of 14 June 1966 on the marketing of fodder plant seed (66/401/EEC) (OJ P 125 11.7.1966, p. 2298)

Amended by:

		Official Journal
		No	page	date
►M1	Council Directive 69/63/EEC of 18 February 1969	L 48	8	26.2.1969
►M2	Council Directive 71/162/EEC of 30 March 1971	L 87	24	17.4.1971
►M3	Council Directive 72/274/EEC of 20 July 1972	L 171	37	29.7.1972
►M4	Council Directive 72/418/EEC of 6 December 1972	L 287	22	26.12.1972
►M5	Council Directive 73/438/EEC of 11 December 1973	L 356	79	27.12.1973
►M6	Council Directive 75/444/EEC of 26 June 1975	L 196	6	26.7.1975
►M7	Council Directive 78/55/EEC of 19 December 1977	L 16	23	20.1.1978
►M8	First Commission Directive 78/386/EEC of 18 April 1978	L 113	1	25.4.1978
►M9	Council Directive 78/692/EEC of 25 July 1978	L 236	13	26.8.1978
►M10	Council Directive 78/1020/EEC of 5 December 1978	L 350	27	14.12.1978
►M11	Commission Directive 79/641/EEC of 27 June 1979	L 183	13	19.7.1979
►M12	Council Directive 79/692/EEC of 24 July 1979	L 205	1	13.8.1979
M13	Commission Directive 80/754/EEC of 17 July 1980	L 207	36	9.8.1980
►M14	Commission Directive 81/126/EEC of 16 February 1981	L 67	36	12.3.1981
►M15	Commission Directive 82/287/EEC of 13 April 1982	L 131	24	13.5.1982
►M16	Commission Directive 85/38/EEC of 14 December 1984	L 16	41	19.1.1985
M17	Council Regulation (EEC) No 3768/85 of 20 December 1985	L 362	8	31.12.1985
►M18	Council Directive 86/155/EEC of 22 April 1986	L 118	23	7.5.1986
►M19	Commission Directive 87/120/EEC of 14 January 1987	L 49	39	18.2.1987
M20	Commission Directive 87/480/EEC of 9 September 1987	L 273	43	26.9.1987
M21	Council Directive 88/332/EEC of 13 June 1988	L 151	82	17.6.1988
►M22	Council Directive 88/380/EEC of 13 June 1988	L 187	31	16.7.1988
M23	Commission Directive 89/100/EEC of 20 January 1989	L 38	36	10.2.1989
►M24	Council Directive 90/654/EEC of 4 December 1990	L 353	48	17.12.1990
►M25	Commission Directive 92/19/EEC of 23 March 1992	L 104	61	22.4.1992
M26	COMMISSION DIRECTIVE 96/18/EC Text with EEA relevance of 19 March 1996	L 76	21	26.3.1996
►M27	COUNCIL DIRECTIVE 96/72/EC of 18 November 1996	L 304	10	27.11.1996
►M28	COUNCIL DIRECTIVE 98/95/EC of 14 December 1998	L 25	1	1.2.1999
►M29	COUNCIL DIRECTIVE 98/96/EC of 14 December 1998	L 25	27	1.2.1999
►M30	COUNCIL DIRECTIVE 2001/64/EC of 31 August 2001	L 234	60	1.9.2001
►M31	COUNCIL DIRECTIVE 2003/61/EC of 18 June 2003	L 165	23	3.7.2003
►M32	COMMISSION DIRECTIVE 2004/55/EC Text with EEA relevance of 20 April 2004	L 114	18	21.4.2004
►M33	COUNCIL DIRECTIVE 2004/117/EC of 22 December 2004	L 14	18	18.1.2005
►M34	COMMISSION DIRECTIVE 2007/72/EC Text with EEA relevance of 13 December 2007	L 329	37	14.12.2007
►M35	COMMISSION DIRECTIVE 2009/74/EC Text with EEA relevance of 26 June 2009	L 166	40	27.6.2009
M36	COMMISSION IMPLEMENTING DIRECTIVE 2012/37/EU Text with EEA relevance of 22 November 2012	L 325	13	23.11.2012
►M37	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2016/317 Text with EEA relevance of 3 March 2016	L 60	72	5.3.2016
►M38	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2016/2109 Text with EEA relevance of 1 December 2016	L 327	59	2.12.2016
►M39	Amended by: COMMISSION IMPLEMENTING DIRECTIVE (EU) 2018/1028 Text with EEA relevance of 19 July 2018	L 184	7	20.7.2018
►M40	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2020/177 Text with EEA relevance of 11 February 2020	L 41	1	13.2.2020

Amended by:

►A1	ACT concerning the Conditions of Accession and the Adjustments to the Treaties	L 73	14	27.3.1972
A2	ACT concerning the conditions of accession of the Hellenic Republic and the adjustments to the Treaties	L 291	17	19.11.1979
A3	ACT (94/C 241/08)	C 241	21	29.8.1994
		L 001	1	..

Corrected by:

►C1	Consolidated text of corrigenda to instruments published in Special Editions 1952-72, p.  16 (1966/401)
►C2	Consolidated text of corrigenda to instruments published in Special Editions 1952-72, p.  30 (1969/63)
C3	Consolidated text of corrigenda to instruments published in Special Editions 1952-72, p.  87 (1971/162)
C4	Consolidated text of corrigenda to instruments published in Special Editions 1952-72, p.  106 (1972/418)
C5	Corrigendum, OJ L 138, 21.5.1974, p.  27  (1973/438)
C6	Corrigendum, OJ L 128, 21.5.1997, p.  16  (1992/19)
►C7	Corrigendum, OJ L 298, 1.11.1997, p.  70  (1966/401)
C8	Corrigendum, OJ L 161, 16.6.2001, p.  47  (1998/95)
C9	Corrigendum, OJ L 161, 16.6.2001, p.  48  (1998/96)
C10	Corrigendum, OJ L 338, 17.12.2008, p.  79 (2007/72/EC)

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▼B

COUNCIL DIRECTIVE

of 14 June 1966

on the marketing of fodder plant seed

(66/401/EEC)

▼M28

Article 1

This Directive shall apply to the production with a view to marketing, and to the marketing, of fodder plant seed within the Community.

▼M28

Article 1a

For the purposes of this Directive ‘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 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 laid down in Article 21.

▼B

Article 2

►M1  1. ◄   For the purposes of this Directive, the following definitions shall apply:

▼M28

▼M28

▼B

▼M6

▼M29

1a.  Amendments to be made to the list of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 21.

▼M22

1b.  The different types of varieties, including the components, eligible for certification under this Directive may be specified and defined in accordance with the procedure laid down in Article 21.

▼M28 —————

▼M12

►M22  1d. ◄   Member States may be authorized, in accordance with the procedure laid down in Article 21, not to apply in respect of the production of a given Member State the condition contained in Annex II, section I, point 2, paragraph B (1) for one or more of the species concerned, if it can be assumed from ecological conditions and previous experience that the standards laid down in Annex II, section I, point 2, column 13 of the table are being complied with.

▼M1

2.  Member States may, during a transitional period of not more than four years after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, and by way of derogation from paragraph 1 (C), certify as certified seed seed ►C2  produced directly ◄ from seed officially controlled in a Member State under the scheme in operation at that time and which affords the same assurances as seed certified as basic seed or certified seed in accordance with the principles of this Directive.

▼M4 —————

▼M33

3.  When the examination under official supervision set out in paragraphs (1)(B)(1)(d), (1)(B)(2)(d), (1)(C)(d), (1)(Ca)(d), (1)(Cb)(d) and (1)(D)(c) is carried out, the following requirements shall be complied with:

▼M29

4.  Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.

▼M33 —————

▼B

Article 3

▼M1

1.  The Member States shall provide that seed of:

▼M19

▼M1

▼M19

▼M1

▼M34

▼M2

▼M38

▼M1

▼M19

▼M11

▼M19

▼M1

and, as from 1 July 1971, seed of Trifolium pratense L.

may not be placed on the market unless it has been officially certified as ‘basic seed’ or ‘certified seed’ ►M28  ————— ◄ .

▼M18

1a.  Until 31 December 1989 the Kingdom of Spain may be authorized, in accordance with the procedure laid down in Article 21, to provide for exceptions to paragraph 1 in the case of seed of Medicago sativa, Brassica oleracea convar. acephala and Raphanus sativus.

▼B

2.  The Member States shall provide that fodder plant seed of genera and species other than those listed in paragraph 1 may not be placed on the market unless the seed has been officially certified as ‘basic seed’ or ‘certified seed’, or is commercial seed ►M28  ————— ◄ .

3.  The Commission may, in accordance with the procedure laid down in Article 21, provide that after specified dates seed of genera and species of fodder plant other than those listed in paragraph 1 may not be placed on the market unless it has been officially certified as ‘basic seed’ or ‘certified seed’.

4.  The Member States shall ensure that the official examinations are carried out in accordance with current international methods, insofar as such methods exist.

▼M28 —————

▼M28

Article 3a

Notwithstanding Article 3(1), Member States shall provide that

may be placed on the market.

▼B

Article 4

Member States may, however, by way of derogation from the provisions of Article 3:

These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 15 in respect of multiplication outside the Community.

▼M28

Member States making use of the derogation provided for in either subparagraph (a) or (b) shall assist each other administratively as regards inspection.

Article 4a

1.  Notwithstanding Article 3(1), Member States may authorise producers in their own territory to place on the market:

In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment. For the environment risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 70/457/EEC shall apply accordingly.

2.  The purposes for which the authorisations referred to in paragraph 1(b) may be given, the provisions relating to the marking of packages, and the quantities and the conditions under which Member States may grant such authorisation shall be determined in accordance with the procedure laid down in Article 21.

3.  Authorisations granted before the date of adoption of this Directive by Member States to producers in their own territory for the purposes set out in paragraph 1 shall remain in force pending determination of the provisions referred to in paragraph 2. Thereafter, all such authorisations shall respect the provisions established in accordance with paragraph 2.

▼C7

Article 5

Member States may, as regards the conditions laid down to Annexes I and II, impose additional or more stringent requirements for the certification of seed and also for the examination of commercial seed, which is produced in their own territory.

▼M28

Article 5a

Member States may restrict the certification of seed of Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa to certified seed of the first generation.

▼B

Article 6

▼M2

The Member States shall provide that the description of the genealogical components which may be required is, if the breeder so requests, treated as confidential.

▼B

Article 7

▼M33

1.  Member States shall require that, for the checking of varieties, the examination of seed for certification and the examination of commercial seed, samples are drawn officially or under official supervision in accordance with appropriate methods. However seed sampling with a view to controls pursuant to Article 19 shall be carried out officially.

▼M33

1a.  When the seed sampling under official supervision provided for in paragraph 1 is carried out, the following requirements shall be complied with:

1b.  Further measures applicable to the carrying out of seed sampling under official supervision may be adopted in accordance with the procedure laid down in Article 21(2).

▼B

2.  For the examination of seed for certification and the examination of commercial seed, samples shall be drawn from homogeneous lots; the maximum weight of a lot and the minimum weight of a sample are given in Annex III.

Article 8

1.  The Member States shall require that basic seed, certified seed and commercial seed be marketed only in sufficiently homogeneous lots and in sealed ►C1  packages ◄ bearing, as prescribed ►M6  in Article 9, 10 or 10a, whichever is appropriate ◄ , a sealing device and markings.

2.  Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.

▼M6

Article 9

▼M9

1.  Member States shall require that packages of basic seed, certified seed and commercial seed, except where seed of the two latter categories takes the form of small ►M27  EC ◄ B packages, be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on either the official label provided for in Article 10 (1) or the package.

In order to ensure sealing, the sealing system shall comprise at least either the abovementioned label or the affixing of an official seal.

The measures provided for in the second subparagraph shall not be necessary where a non-reusable sealing system is used.

In accordance with the procedure laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph.

▼M6

2.  Member States shall require that, except in the case of small ►M27  EC ◄ B packages, packages shall not be resealed on one or more occasions unless this is done officially ►M9  or under official supervision ◄ . If packages are resealed, the fact of resealing, the date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1).

▼M9

3.  The Member States shall require that small ►M27  EC ◄ B packages be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package. In accordance with the procedure laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph. Packages shall not be resealed on one or more occasions except under official supervision.

▼M28 —————

▼M7

Article 10

1.  Member States shall require that packages of basic seed, certified seed and commercial seed, except where seed of the last two categories takes the form of small ►M27  EC ◄ B packages:

▼M28 —————

▼M6

Article 10a

1.  Member States shall require that small ►M27  EC ◄ B packages:

2.  Member States may require that an official adhesive label containing part of the information prescribed in Annex IV (B) is used for the marking of small ►M27  EC ◄ B packages packed in their territory; insofar as the information is given on such label, the marking provided for in paragraph 1 (a) shall not be required.

▼M28

Article 10b

Member States may provide that, on request, small EC B packages of seed shall be sealed and marked officially or under official supervision in accordance with Article 9(1) and Article 10.

▼M6

Article 10c

The Member States shall take all measures necessary to ensure that, in the case of small packages of seed, the identity of the seed can be checked, in particular at the time when seed lots are divided up. To this end they may require that small packages divided up in their territory shall be sealed officially or under official supervision.

▼M30

Article 10d

1.  Member States may, by way of derogation from Articles 8, 9 and 10, provide a simplification of the provisions relating to the closing device and the marking of packages in the case of marketing of seed of the category ‘certified seed’ in bulk to the final consumer.

2.  Conditions for the application of the derogation under paragraph 1 above shall be determined in accordance with the procedure referred to in Article 21(2).

Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 94/650/EC ( 1 ) shall apply.

▼M28

Article 11

1.  In accordance with the procedure laid down in Article 21 it may be provided that Member States may require that, in cases other than those provided for in this Directive, packages of basic seed, certified seed or commercial seed shall bear a supplier's label (which may either be a label separate from the official label or take the form of suppliers' information printed on the package itself) or that seed lots complying with the special conditions concerning the presence of Avena fatua, laid down in accordance with the procedure provided for in Article 21, should be accompanied by an official certificate attesting compliance with those conditions.

2.  The particulars to be provided on any such label shall also be established in accordance with the procedure laid down in Article 21.

▼M28

Article 11a

In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to or accompanies the seed lot, under the provisions of this Directive, shall clearly indicate that the variety has been genetically modified.

▼B

Article 12

The Member States shall require that any chemical treatment of basic seed, certified seed or commercial seed be noted either on the official label or on the supplier's label and on the ►C1  package ◄ or inside it.

▼M6

Article 13

▼M28 —————

▼M28

1.  Member States shall specify that seed in mixtures of various genera, species or varieties may be placed on the market:

In the cases provided for in the first and second indents, the various components of the mixtures must, in so far as they belong to one of the plant species listed in Directives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC, comply, before mixing, with the marketing regulations applicable to them.

Other conditions, including labelling the technical approval of firms producing seed mixtures, the inspection of the production of mixtures, and the sampling of primary ingredient lots and of finished mixtures, shall be determined in accordance with the procedure laid down in Article 21.

In the case of the third indent, the conditions under which such mixtures may be marketed shall be determined in accordance with the procedure laid down in Article 21.

▼M6

►M28  2. ◄   Articles 8, 9, 10b, 11 and 12 shall apply, and, providing, however, the label is green in colour, Articles 10 and 10a. For this purpose, small ►M27  EC ◄ A packages shall be considered small ►M27  EC ◄ B packages.

However, for small ►M27  EC ◄ A packages, the officially assigned serial number provided for in paragraph 1 (b) of Article 10 (a) shall not be required.

▼M28 —————

▼M22

Article 13a

▼M29

For the purpose of seeking improved alternatives to certain provisions set out in this directive, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions laid down in Article 21.

▼M22

In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.

▼B

Article 14

▼M28

1.  Member States shall ensure that seed which is placed on the market under the provisions of this Directive, whether mandatory or discretionary, is not subject to any marketing restrictions as regards its characteristics, examination requirements, marking and sealing other than those laid down in this or any other Directive.

▼A1

1a.  The Commission, in accordance with the procedure provided for in Article 21, shall for the marketing of forage crop seeds authorize, in respect of the whole or parts of the territory of one or more Member States, provisions which are more strict than those laid down in Annex II concerning the presence of Avena fatua in those seeds, if similar provisions are applied to the home production of those seeds and if there is a campaign to eradicate Avena fatua from forage crops grown in the region in question.

▼M28 —————

▼M28

Article 14a

The conditions under which bred seed of generations prior to basic seed may be placed on the market under the first indent of Article 3a shall be as follows:

▼M22

Article 15

1.  The Member States shall provide that fodder plant seed

shall, on request and without prejudice to the provisions of Directive 70/457/EEC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied.

Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied.

▼M28

2.  Fodder plant seed which has been harvested in the Community and which is intended for certification in accordance with paragraph 1 shall:

The provisions in the first subparagraph on packing and labelling may be waived if the authorities responsible for field inspection, those drawing up the documents for the certification of seeds which have not been definitively certified and those responsible for certification are the same, or if they agree on exemption’.

clearly indicate that the variety has been genetically modified.

▼M33

3.  The Member States shall also provide that fodder plant seed harvested in a third country shall, on request, be officially certified if:

▼B

Article 16

1.  The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:

▼M33

▼B

2.   ►M5  Member States may themselves take decisions under paragraph 1 concerning a third country, in so far as the Council has not yet taken any decision with regard to that country within the framework of this Directive. This right shall expire on ►M10  1 July 1978. ◄  ◄

▼M3

3.  Paragraphs 1 and 2 shall also apply in respect of any new Member State from the date of its accession to the date on which it is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.

▼M24

4.  Paragraph 1 shall also apply to the territory of the former German Democratic Republic until 31 December 1991. Detailed rules for application may be adopted in accordance with the procedure laid down in Article 21.

▼M28

Article 17

1.  In order to remove any temporary difficulties in the general supply of basic, certified or commercial seed that occur in the Community and cannot be otherwise overcome, it may be decided in accordance with the procedure laid down in Article 21 that Member States shall permit, for a specified period, the marketing throughout the Community in quantities necessary to resolve supply difficulties of seed of a category subject to less stringent requirements, or of seed of a variety not included in the Common Catalogue of Varieties of Agricultural Plant Species or in the national catalogues of varieties of the Member States.

2.  For a category of seed of any given variety, the official label shall be that provided for the corresponding category; for seed of varieties not included in the abovementioned catalogues, the official label shall be that provided for commercial seed. The label shall always state that the seed in question is of a category satisfying less stringent requirements.

3.  Rules for the application of paragraph 1 may be adopted in accordance with the procedure laid down in Article 21.

▼B

Article 18

This Directive shall not apply to fodder plant seed shown to be intended for export to third countries.

Article 19

▼M28

1.  Member States shall ensure that official inspections are carried out in relation to the marketing of fodder plant seed, at least by random checks, to verify compliance with the requirements and conditions of this Directive.

2.  Without prejudice to the free movement of seed within the Community, Member States shall take all necessary measures to ensure that they are supplied with the following particulars during the marketing of quantities exceeding two kilograms of seed imported from third countries:

The manner in which these particulars are to be presented may be determined in accordance with the procedure laid down in Article 21.

▼M31

Article 20

1.  Community comparative tests and trials shall be carried out within the Community for the post-control of samples of fodder plant seed placed on the market under the provisions of this Directive, whether mandatory or discretionary, and taken during sampling. The comparative tests and trials may include the following:

2.  These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply.

3.  The Commission, acting in accordance with the procedure referred to in Article 21, shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21 about the technical arrangements for holding the tests and trials and the results thereof.

4.  The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 1 and 2. The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.

5.  The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure laid down in Article 21.

6.  The tests and trials foreseen in paragraphs 1 and 2 may be performed only by State authorities or legal persons acting under the responsibility of the State.

▼M30

Article 21

1.  The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry established by Article 1 of Council Decision 66/399/EEC (hereinafter ‘the Committee’).

2.  Where reference is made to this paragraph, Articles 4 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 2 ) shall apply.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3.  The Committee shall adopt its rules of procedures.

▼M2

Article 21a

▼M5

Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure laid down in Article 21.

▼B

Article 22

This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.

▼M28

Article 22a

1.  Specific conditions may be established in accordance with the procedure laid down in Article 21 to take account of developments in the areas of:

2.  The specific conditions referred to in paragraph 1 shall include in particular the following points:

▼B

Article 23

The Member States shall, not later than 1 July 1968, bring into force the laws, regulations or administrative provisions necessary to comply with the provisions of Article 14 (1) and, not later than 1 July 1969, those necessary to comply with the other provisions of this Directive and its Annexes. They shall forthwith inform the Commission thereof.

▼M24

The Federal Republic of Germany is hereby authorized to comply, in respect of the territory of the former German Democratic Republic, with the following:

at a date later than that referred to above, but not later than 31 December 1992 in respect of the third indent and not later than 31 December 1994 in respect of the other indents.

The Federal Republic of Germany shall ensure that seed in respect of which it applies this authorization, other than seed specified in the second sub-indent of the first indent, is not introduced into parts of the Community other than the territory of the former German Democratic Republic unless it is established that the provisions of this Directive are complied with.

▼M1

Article 23a

Upon application by a Member State, which will be dealt with as provided in Article 21, that State may be wholly or partially released from the obligation to apply this Directive in respect of certain species if seed of those species is not normally reproduced or marketed in its territory.

▼B

Article 24

This Directive is addressed to the Member States.

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▼M8

ANNEX I

CONDITIONS TO BE SATISFIED BY THE CROP

1.	The previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.

2.

The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination: Crop Minimum distance 1 2 Brassica spp., ►M22  Phacelia tanacetifolia  ◄ : —  for the production of basic seed 400 m —  for the production of certified seed 200 m Species or varieties other than Brassica spp., ►M22  Phacelia tanacetifolia  ◄ , ►M11  Pisum sativum  ◄ , ►M16  varieties of Poa pratensis referred to in the second part of the third sentence of paragraph 4: ◄ — for the production of seed intended for multiplication, fields up to two hectares 200 m —  for the production of seed intended for multiplication, fields over two hectares 100 m —  for the production of seed intended for the production of fodder plants, fields up to two hectares 100 m —  for the production of seed intended for the production of fodder plants, fields over two hectares 50 m These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

3.

Plants of other species, the seeds of which are difficult to distinguish from the crop seeds in a laboratory test, shall be at a low level. In particular, crops of lolium species ►M25  or × Festulolium  ◄ shall conform to the following conditions: the number of plants of a lolium species ►M25  or × Festulolium  ◄ other than the crop species shall not exceed: —  one per 50 m2 for the production of basic seed, —  one per 10 m2 for the production of certified seed.

4.

The crop shall have sufficient varietal identity and varietal purity. In particular, crops ►M14  other than those of the species Pisum sativum, ►M15  Vicia faba  ◄ , Brassica napus var. napobrassica, Brassica oleracea convar. acephala, ►M15  ————— ◄ ►M16  or of Poa pratensis  ◄  ◄ shall conform to the following standards: the number of plants of the crop species which are recognizable as obviously not being true to the variety shall not exceed: —  one per 30 m2 for the production of basic seed, —  one per 10 m2 for the production of certified seed. ▼M16 In the case of Poa pratensis, the number of plants of the crop species which are recognizable as obviously not being true to the variety shall not exceed: —  one per 20 m2 for the production of basic seed, —  four per 10 m2 for the production of certified seed; however, in the case of varieties which are officially classified as ‘apomictic uni-clonal varieties’ under agreed procedures, a number of plants recognizable as not being true to the variety, which does not exceed six per 10 m2, may be regarded as satisfying the beforementioned standards for the production of certified seed. Upon application, a Member State may be authorized, in accordance with the procedure laid down in Article 21, to assess the satisfaction of the varietal purity standards in the case of crops of Poa pratensis belonging to such varieties not only on the basis of the results of the field inspection carried out in accordance with paragraph 6 of Annex I, where there is evidence that compliance with the varietal purity standards set up in Annex II is ensured by appropriate seed testing or other appropriate means. ▼M14 In the case of the species Pisum sativum, ►M15  Vicia faba  ◄ , Brassica napus var. napobrassica, Brassica oleracea convar. acephala ►M15  ————— ◄ ►M16  ————— ◄ only the first sentence is applicable.

▼M8

5.

►M40  The crop shall be practically free from any pests which reduce the usefulness and quality of the seed. The crop shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests (‘RNQPs’) provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031 ( 3 ) as well as the measures adopted pursuant to Article 30(1) of that Regulation; The presence of RNQPs on the crop and the respective categories shall comply with the following requirements as set out in the table: RNQPs or symptoms caused by RNQPs Plants for planting (genus or species) Thresholds for the production of pre-basic seed Thresholds for the production of basic seed Thresholds for the production of certified seed Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN] Medicago sativa L. 0 % 0 % 0 % Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Medicago sativa L. 0 % 0 % 0 % ◄

6.

▼M29 The satisfaction of the abovementioned standards or other conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision. ▼M8 These field inspections shall be carried out in accordance with the following conditions: A.  The condition and the stage of development of the crop shall permit an adequate examination. B.  There shall be at least one field inspection. C.  The size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.

▼M35

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ANNEX II

CONDITIONS TO BE SATISFIED BY THE SEED

I.   CERTIFIED SEED

1.

The seed shall have sufficient varietal identity and purity. In particular, the seeds of the species listed below shall conform to the following standards or other conditions. The minimum varietal purity shall be: —  Poa pratensis, varieties referred to in the second part of the third sentence of paragraph 4 of Annex I, Brassica napus var. napobrassica and Brassica oleracea convar. acephala: 98 %, —  Pisum sativum, Vicia faba: —  certified seed, 1st generation: 99 %, —  certified seed, 2nd generation: 98 %, ▼M38 —  Trifolium subterraneum, Medicago spp., except M. lupulina, M. sativa, M. x varia: —  for the production of basic seed: 99,5 %, —  for the production of certified seed for further multiplication: 98 %, —  for the production of certified seed: 95 %. ▼M35 The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

2.

The seed shall conform to the following standards or other conditions as regards germination, analytical purity and content of seeds of other plant species, including the presence of bitter seed in sweet varieties of Lupinus spp.: A.  Table: ▼M38 Species Germination Analytical purity Maximum content of seeds of other plant species in a sample of the weight specified in column 4 of Annex III (total per column) Conditions as regards content of seeds of Lupinus spp. of another colour and of bitter lupin seeds Minimum germination (% of pure seed) Maximum content of hard seed (% of pure seed) Minimum analytical purity (% by weight) Maximum content of seeds of other plant species (% by weight) Avena fatua, Avena sterilis Cuscuta spp. Rumex spp. other than Rumex acetosella and Rumex maritimus Total A single species Elytrigia repens Alopecurus myosuroides Melilotus spp. Raphanus raphanistrum Sinapis arvensis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Poaceae (Gramineae) Agrostis canina 75 (a)   90 2,0 1,0 0,3 0,3       0 0 (j) (k) 2 (n)   Agrostis capillaris 75 (a)   90 2,0 1,0 0,3 0,3       0 0 (j) (k) 2 (n)   Agrostis gigantea 80 (a)   90 2,0 1,0 0,3 0,3       0 0 (j) (k) 2(n)   Agrostis stolonifera 75 (a)   90 2,0 1,0 0,3 0,3       0 0 (j) (k) 2 (n)   Alopecurus pratensis 70 (a)   75 2,5 1,0 (f) 0,3 0,3       0 0 (j) (k) 5 (n)   Arrhenatherum elatius 75 (a)   90 3,0 1,0 (f) 0,5 0,3       0 (g) 0 (j) (k) 5 (n)   Bromus catharticus 75 (a)   97 1,5 1,0 0,5 0,3       0 (g) 0 (j) (k) 10 (n)   Bromus sitchensis 75 (a)   97 1,5 1,0 0,5 0,3       0 (g) 0 (j) (k) 10 (n)   Cynodon dactylon 70 (a)   90 2,0 1,0 0,3 0,3       0 0 (j) (k) 2   Dactylis glomerata 80 (a)   90 1,5 1,0 0,3 0,3       0 0 (j) (k) 5 (n)   Festuca arundinacea 80 (a)   95 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Festuca filiformis 75 (a)   85 2,0 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Festuca ovina 75 (a)   85 2,0 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Festuca pratensis 80 (a)   95 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Festuca rubra 75 (a)   90 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Festuca trachyphylla 75 (a)   85 2,0 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   × Festulolium 75 (a)   96 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Lolium multiflorum 75 (a)   96 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Lolium perenne 80 (a)   96 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Lolium × hybridum 75 (a)   96 1,5 1,0 0,5 0,3       0 0 (j) (k) 5 (n)   Phalaris aquatica 75 (a)   96 1,5 1,0 0,3 0,3       0 0 (j) (k) 5   Phleum nodosum 80 (a)   96 1,5 1,0 0,3 0,3       0 0 (k) 5   Phleum pratense 80 (a)   96 1,5 1,0 0,3 0,3       0 0 (k) 5   Poa annua 75 (a)   85 2,0 (c) 1,0 (c) 0,3 0,3       0 0 (j) (k) 5 (n)   Poa nemoralis 75 (a)   85 2,0 (c) 1,0 (c) 0,3 0,3       0 0 (j) (k) 2 (n)   Poa palustris 75 (a)   85 2,0 (c) 1,0 (c) 0,3 0,3       0 0 (j) (k) 2 (n)   Poa pratensis 75 (a)   85 2,0 (c) 1,0 (c) 0,3 0,3       0 0 (j) (k) 2 (n)   Poa trivialis 75 (a)   85 2,0 (c) 1,0 (c) 0,3 0,3       0 0 (j) (k) 2 (n)   Trisetum flavescens 70 (a)   75 3,0 1,0 (f) 0,3 0,3       0 (h) 0 (j) (k) 2 (n)   Fabaceae (Leguminosae) Biserrula pelecinus 70   98 0,5             0 (i) 0 (j) (k) 10   Galega orientalis 60 (a) (b) 40 97 2,0 1,5     0,3     0 0 (l) (m) 10 (n)   Hedysarum coronarium 75 (a) (b) 30 95 2,5 1,0     0,3     0 0 (k) 5   Lathyrus cicera 80   95 1 0,5     0,3     0 (i) 0 (j) (k) 20   Lotus corniculatus 75 (a) (b) 40 95 1,8 (d) 1,0 (d)     0,3     0 0 (l) (m) 10   Lupinus albus 80 (a) (b) 20 98 0,5 (e) 0,3 (e)     0,3     0 (i) 0 (j) 5 (n) (o) (p) Lupinus angustifolius 75 (a) (b) 20 98 0,5 (e) 0,3 (e)     0,3     0 (i) 0 (j) 5 (n) (o) (p) Lupinus luteus 80 (a) (b) 20 98 0,5 (e) 0,3 (e)     0,3     0 (i) 0 (j) 5 (n) (o) (p) Medicago doliata 70   98 2             0 (i) 0 (j) (k) 10   Medicago italica 70 (b) 20 98 2             0 (i) 0 (j) (k) 10   Medicago littoralis 70   98 2             0 (i) 0 (j) (k) 10   Medicago lupulina 80 (a) (b) 20 97 1,5 1,0     0,3     0 0 (l) (m) 10   Medicago murex 70 (b) 30 98 2             0 (i) 0 (j) (k) 10   Medicago polymorpha 70 (b) 30 98 2             0 (i) 0 (j) (k) 10   Medicago rugosa 70 (b) 20 98 2             0 (i) 0 (j) (k) 10   Medicago sativa 80 (a) (b) 40 97 1,5 1,0     0,3     0 0 (l) (m) 10   Medicago scutellata 70   98 2             0 (i) 0 (j)(k) 10   Medicago truncatula 70 (b) 20 98 2             0 (i) 0 (j) (k) 10   Medicago × varia 80 (a) (b) 40 97 1,5 1,0     0,3     0 0 (l) (m) 10   Onobrychis viciifolia 75 (a) (b) 20 95 2,5 1,0     0,3     0 0 (j) 5   Ornithopus compressus 75   90 1             0 (i) 0 (j) (k) 10   Ornithopus sativus 75   90 1             0 (i) 0 (j) (k) 10   Pisum sativum 80 (a)   98 0,5 0,3     0,3     0 0 (j) 5 (n)   Trifolium alexandrinum 80 (a) (b) 20 97 1,5 1,0     0,3     0 0 (l) (m) 10   Trifolium fragiferum 70   98 1             0 (i) 0 (j) (k) 10   Trifolium glanduliferum 70 (b) 30 98 1             0 (i) 0 (j) (k) 10   Trifolium hirtum 70   98 1             0 (i) 0 (j) (k) 10   Trifolium hybridum 80 (a) (b) 20 97 1,5 1,0     0,3     0 0 (l) (m) 10   Trifolium incarnatum 75 (a) (b) 20 97 1,5 1,0     0,3     0 0 (l) (m) 10   Trifolium isthmocarpum 70   98 1             0 (i) 0 (j) (k) 10   Trifolium michelianum 75 (b) 30 98 1             0 (i) 0 (j) (k) 10   Trifolium pratense 80 (a) (b) 20 97 1,5 1,0     0,3     0 0 (l) (m) 10   Trifolium repens 80 (a) (b) 40 97 1,5 1,0     0,3     0 0 (l) (m) 10   Trifolium resupinatum 80 (a) (b) 20 97 1,5 1,0     0,3     0 0 (l) (m) 10   Trifolium squarrosum 75 (b) 20 97 1,5       0,3     0 0 (l) (m) 10   Trifolium subterraneum 80 (b) 40 97 0,5             0 (i) 0 (j) (k) 10   Trifolium vesiculosum 70   98 1             0 (i) 0 (j) (k) 10   Trigonella foenum-graecum 80 (a)   95 1,0 0,5     0,3     0 0 (j) 5   Vicia benghalensis 80 (b) 20 97 (e) 1             0 (i) 0 (j) (k) 10   Vicia faba 80 (a) (b) 5 98 0,5 0,3     0,3     0 0 (j) 5 (n)   Vicia pannonica 85 (a) (b) 20 98 1,0 (e) 0,5 (e)     0,3     0 (i) 0 (j) 5 (n)   Vicia sativa 85 (a) (b) 20 98 1,0 (e) 0,5 (e)     0,3     0 (i) 0 (j) 5 (n)   Vicia villosa 85 (a) (b) 20 98 1,0 (e) 0,5 (e)     0,3     0 (i) 0 (j) 5 (n)   Other species Brassica napus var. napobrassica 80 (a)   98 1,0 0,5       0,3 0,3 0 0 (j) (k) 5   Brassica oleracea convar. acephala (acephala var. medullosa + var. viridis) 75 (a)   98 1,0 0,5       0,3 0,3 0 0 (j) (k) 10   Phacelia tanacetifolia 80 (a)   96 1,0 0,5           0 0 (j) (k)     Plantago lanceolata 75   85 1,5             0 (i) 0 (j) (k) 10   Raphanus sativus var. oleiformis 80 (a)   97 1,0 0,5       0,3 0,3 0 0 (j) 5   ▼M35 B.  Other standards or conditions applicable where reference is made to them in the table under Section I (2) (A) of this Annex: (a)  all fresh and healthy seeds which do not germinate after pre-treatment shall be regarded as seeds which have germinated; (b)  up to the maximum quantity indicated, hard seed present shall be regarded as seed capable of germination; (c)  a maximum total of 0,8 % by weight of seeds of other Poa species shall not be regarded as an impurity; (d)  a maximum of 1 % by weight of seeds of Trifolium pratense shall not be regarded as an impurity; ▼M38 (e)  a maximum total of 0,5 % by weight of seeds of Lupinus albus, Lupinus angustifolius, Lupinus luteus, Pisum sativum, Vicia faba, Vicia spp. in another relevant species shall not be regarded as an impurity; ▼M35 (f)  the prescribed maximum percentage by weight of seeds of a single species shall not apply to seeds of Poa spp; (g)  a maximum total of two seeds of Avena fatua, and Avena sterilis in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of these species; (h)  the presence of one seed of Avena fatua, and Avena sterilis in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of twice the prescribed weight is free from any seeds of these species; (i)  the determination of seeds of Avena fatua, and Avena sterilis by number need not be carried out unless there is doubt whether the conditions laid down in column 12 have been satisfied; (j)  the determination of seeds of Cuscuta spp. by number need not be carried out unless there is doubt whether the conditions laid down in column 13 have been satisfied; (k)  the presence of one seed of Cuscuta spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of Cuscuta spp; (l)  the weight of the sample for the determination of seeds of Cuscuta spp. by number shall be twice the weight specified in column 4 of Annex III for the relevant species; (m)  the presence of one seed of Cuscuta spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of twice the prescribed weight is free from any seeds of Cuscuta spp; (n)  the determination of seeds of Rumex spp. other than Rumex acetosella and Rumex maritimus by number need not be carried out unless there is doubt whether the conditions laid down in column 14 have been satisfied; (o)  the percentage by number of seeds of Lupinus spp. of another colour shall not exceed: in bitter lupin, 2 % in Lupinus spp. other than bitter lupin, 1 % (p)  the percentage by number of bitter seeds in varieties of Lupinus spp. shall not exceed 2,5 %.

3.

►M40  The seed shall be practically free from any pests which reduce the usefulness and quality of the seed. The seed shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30(1) of that Regulation. The presence of RNQPs on the seeds and the respective categories shall comply with the following requirements as set out in the table: RNQPs or symptoms caused by RNQPs Plants for planting (genus or species) Thresholds for pre-basic seed Thresholds for basic seed Thresholds certified seed Clavibacter michiganensis ssp. Insidiosus (McCulloch 1925) Davis et al. [CORBIN] Medicago sativa L. 0 % 0 % 0 % Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Medicago sativa L. 0 % 0 % 0 % ◄

II.   BASIC SEED

Subject to the provisions below, the conditions laid down in Section I of this Annex shall apply to basic seed:

III.   COMMERCIAL SEED

Subject to the provisions below, the conditions laid down in Section I (2) and (3) of this Annex shall apply to commercial seed:

▼M38

▼M38

▼M38

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ANNEX III

LOT AND SAMPLE WEIGHTS

The maximum lot weight shall not be exceeded by more than 5 %.

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▼M6

ANNEX IV

MARKING

A.   Official label

I.   Information required

▼M6

▼M6

▼M6

II.   Minimum dimensions

110 × 67 mm.

B.   Supplier's label or information on the packaging (small ►M27  EC ◄ package)

Information required

▼M22

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ANNEX V

Label and document provided in the case of seed not finally certified, harvested in another Member State

A.   Information required for the label

▼M37

▼M22

In accordance with the procedure laid down in Article 21, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.

B.   Colour of the label

The label shall be grey.

C.   Information required for the document

▼M37

▼M22

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( 1 ) OJ L 252, 28.9.1994, p. 15. Decision as last amended by Commission Decision 2000/441/EC (OJ L 176, 15.7.2000, p. 50).

( 2 ) OJ L 184, 17.7.1999, p. 23.

( 3 ) Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

( 4 ) OJ No L 225, 12. 10. 1970, p. 1.

( 5 ) For lupins, it should he specified whether they are bitter or sweet lupins.

( 6 ) For lupins, it should be specified whether they are bitter or sweet lupins.