31974Y0608(07)

Council Directive of 29 September 1970 on the marketing of vegetable seed

Council Directive No 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (OJ No L 225, 12.10.1970, p. 7) and the amendments arising out of the acts set out below:

1. Directive No 71/162/EEC (OJ No L 87, 17.4.1971, p. 24);

2. Directive No 72/274/EEC (OJ No L 171, 29.7.1972, p. 37);

3. Directive No 72/418/EEC (OJ No L 287, 26.12.1972, p. 22);

4. Act of Accession (OJ, Special Edition, 27.3.1972, p. 14) and the Council Decision of 1 January 1973 adjusting the documents concerning the Accession of new Member States to the European Communities (OJ No L 2, 1.1.1973, p. 1);

5. Directive No 73/438/EEC (OJ No L 356, 27.12.1973, p. 79);

are hereby coordinated.

This coordination is without legal status. Hence, the preamble has been omitted.

The numbers in brackets at certain articles correspond to the above numbering and refer to the last amendment of the basic Act.

Council Directive

of 29 September 1970

on the marketing of vegetable seed

(1974/C 66/03)

Article 1

This Directive shall apply to vegetable seed marketed within the Community.

Article 2 (3)

1. For the purposes of this Directive the following definitions shall apply:

A. Vegetables: 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. cycla (L.) Ulrich | Spinach beet, chard |

Beta vulgaris L. var. esculenta L. | Red beet or beetroot |

Brassica oleracea L. var. acephala DC. subvar. laciniata L. | Curly kale |

Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis | Cauliflower |

Brassica oleracea L. convar. botrytis (L.) Alef. var. italica Plenck | Sprouting broccoli or Calabrese |

Brassica oleracea L. var. bullata subvar. gemmifera DC. | Brussels sprouts |

Brassica oleracea L. var. bullata DC. et var. subauda L. | Savoy cabbage |

Brassica oleracea L. var. capitata L.f. alba DC. | Cabbage |

Brassica oleracea L. var. capitata L.f. rubra (L.) Thell | Red cabbage |

Brassica oleracea L. var. gongylodes L. | Kohlrabi |

Brassica rapa L. var. rapa (L.) Thell | Turnip Chili |

Capsicum annuum L. | Pepper Capsicum |

Cichorium endivia L. | Endive |

Cichorium intybus L. var. foliosum Bisch. | Chicory |

Citrullis vulgaris L. | Water melon |

Cucumis melo L. | Melon |

Cucumis sativus L. | Cucumber, gherkin |

Cucurbita pepo L. | Marrow |

Daucus carota L. ssp. sativus (Hoffm.) Hayek | Carrot |

Foeniculum vulgare P. Mill. | Fennel |

Lactuca sativa L. | Lettuce |

Petroselinum hortense Hoffm. | Parsley |

Phaseolus coccineus L. | Runner bean |

Phaseolus vulgaris L. | French bean |

Pisum sativum L. (excl. P. arvense L.) | Pea |

Raphanus sativus L. | Radish |

Scorzonera hispanica L. | Scorzonera or Black salsify |

Solanum lycopersicum L. (Lycopersicum esculentum Mill.) | Tomato |

Solanum melongena L. | Aubergine or egg plant |

Spinacia oleracea L. | Spinach |

Valerianella locusta (L.) Betcke (V. olitoria Polt.) | Corn-salad or lamb's lettuce |

Vicia faba major L. | Broad bean |

B. Basic seed: seed

(a) which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

(b) which is intended for the production of seed of the category "certified seed";

(c) which, subject to the provisions of Article 21, satisfies the conditions laid down in Annexes I and II for basic seed; and

(d) which has been found by official examination to satisfy the abovementioned conditions;

C. Certified seed: seed

(a) 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;

(b) which is intended mainly for the production of vegetables;

(c) which, subject to the provisions of Article 21 (b), satisfies the conditions laid down in Annexes I and II for certified seed;

(d) which has been found by official examination to satisfy the aforementioned conditions;

(e) which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

D. Standard seed: seed

(a) which has sufficient varietal identity and varietal purity;

(b) which is intended mainly for the production of vegetables;

(c) which satisfies the conditions laid down in Annex II; and

(d) which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

E. Official measures: measures taken

(a) by State authorities, or

(b) by any legal person whether governed by public or by private law, acting under the responsibility of the State, or

(c) 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 (b) and (c) derive no private gain from such measures.

F. Small packages: packages containing seed up to a maximum net weight of:

(a) 5 kg for legumes;

(b) 500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetroot, turnips, water melon, marrows, carrots, radishes, scorzonera or black salisify, spinach, corn-salad or lamb's lettuce;

(c) 100 g for all other species of vegetable.

2. Member States may, during a transitional period of not more than three years after the entry into force of the laws, regulations and administrative provisions necessary to comply with this Directive, and by way of derogation from paragraph 1 (C), certify as certified seed, seed 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 basic seed certified in accordance with the principles of this Directive [1].

Article 3

1. The Member States shall provide that vegetable seed may not be certified, controlled as standard seed and marketed unless the variety is officially accepted in one or more Member States.

2. Each Member State shall establish one or more catalogues of the varieties officially accepted for certification, controlling as standard seed and marketing in its territory. The catalogues shall be subdivided according to varieties:

(a) whose seed may be certified as either "basic seed" or "certified seed", or may be controlled as "standard seed" and,

(b) whose seed may not be controlled except as standard seed.

Any person may consult the catalogues.

3. A common catalogue of varieties of vegetable species shall, in accordance with the provisions of Articles 16 and 17, be established on the basis of the national catalogues of the Member States.

4. Member States may provide that the acceptance of a variety for inclusion in the common catalogue or in the catalogue of another Member State is equivalent to acceptance for inclusion in their own catalogues. Member States making such provision shall be released from the obligations provided for in Articles 7, 10 (3) and 11 (2) to (5).

Article 4

The Member States shall ensure that a variety is accepted only if it is distinct, stable and sufficiently uniform.

Article 5

1. A variety shall be regarded as distinct if, when acceptance is applied for it is clearly distinguishable, in one or more important morphological or physiological characteristics, from any other variety accepted or submitted for acceptance in the Member State in question or appearing in the common catalogue of varieties of vegetable species.

2. A variety shall be regarded as stable if, after successive propagation or multiplications or at the end of each cycle (where the breeder has defined a particular cycle of propagation or multiplications) it remains true to the description of its essential characteristics.

3. A variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are, account being taken of the distinctive features of the reproductive systems of the plants, similar or genetically identical as regards the characteristics, taken as a whole, which are considered for this purpose.

Article 6

The Member States shall ensure that varieties coming from other Member States are subject to the same requirements, in particular as regards the acceptance procedure, as those which apply to domestic varieties.

Article 7 (3)

1. The Member States shall provide that acceptance of varieties be based on the results of official examinations, particularly growing trials, covering a sufficient number of characteristics for the variety to be described. The methods used for determining characteristics must be accurate and reliable. In the case of varieties whose seed may not be controlled except as standard seed, the results of unofficial tests and knowledge gained from practical experience during cultivation may be taken into consideration.

As from 1 July 1977 it may be prescribed, in accordance with the procedure laid down in Article 40 that, as from specified dates, varieties of certain vegetable species will no longer be accepted except on the basis of official examinations.

2. The following shall be fixed in accordance with the procedure laid down in Article 40, account being taken of current scientific and technical knowledge:

(a) the characteristics to be covered as a minimum by the examinations of the various species;

(b) the minimum requirements for carrying out the examinations.

3. Where examination of the genealogical components is necessary in order to study hybrids and synthetic varieties, the Member States shall ensure that the results of the examination and the description of the genealogical components are, if the breeder so requests, treated as confidential.

Article 8

The Member States shall require that when lodging an application for the acceptance of a variety the applicant indicate whether acceptance has already been applied for in another Member State, which Member State was concerned, and whether the application was granted.

Article 9 (3) (4)

1. The Member States may accept varieties which have been officially accepted in their territory before 1 July 1972, without having to carry out further examinations based on the principles of this Directive, if it is apparent from previous examinations that the varieties are distinct, stable and sufficiently uniform. Examination of the characteristics fixed in accordance with Article 7 (2) must be completed by 30 June 1975 at the latest.

With regard to the new Member States, the dates 1 July 1972 and 30 June 1975 referred to above shall be replaced respectively by the dates 1 January 1973 and 31 December 1977.

2. The Member States shall take all measures necessary to ensure that official acceptances of varieties granted before 1 July 1972 in accordance with principles other than those of this Directive expire not later than 30 June 1980 if by that date the varieties in question have not been accepted in accordance with the principles of this Directive.

With regard to the new Member States, the date 1 July 1972 referred to above shall be replaced by the date 1 January 1973.

3. The provisions of Article 3 (1) notwithstanding, the Member States may permit until 30 June 1975 the marketing in their territory of standard varieties of seed not officially accepted, if seed of these varieties had been marketed there before 1 July 1972.

Article 10

1. The Member States shall arrange for official publication of the catalogue of varieties accepted in their territory and, where maintenance breeding of the variety is required, the name of the person or persons responsible for this in their countries. Where several persons are responsible for the maintenance of a variety, the names need not be published. If the names are not published, the catalogue shall indicate the authority holding the list of names of persons responsible for maintenance of the variety.

2. The Member States shall, as far as possible, ensure at the time of acceptance that the variety is known by the same name in all Member States.

If it is known that seed or propagating material of a given variety are marketed in another country under a different name, that name shall also be indicated in the catalogue.

3. The Member States shall compile a file on each variety accepted, containing a description of the variety and a clear summary of all the facts on which the acceptance was based. The description of the varieties shall relate to plants produced directly from seed of the category "certified seed" or the category "standard seed".

Article 11 (3) (5)

1. The catalogue of varieties and any alterations made to it shall be sent forthwith to the Member States and the Commission.

2. The Member States shall, for each new variety accepted, send the other Member States and the Commission a brief description of its characteristics of which they have notice as a result of the acceptance procedure.

They shall, on request, also communicate a description of the special characteristics which enable the variety to be distinguished from other similar varieties.

3. Each Member State shall make available to the other Member States and the Commission the files referred to in Article 10 (3) on the varieties accepted or which have ceased to be accepted. Information exchanged concerning these files shall be treated as confidential.

4. The Member States shall ensure that the acceptance files are made available for the personal and exclusive use of any person able to show a legitimate interest. These provisions shall not apply where the information must under Article 7 (3) be treated as confidential.

5. Where acceptance of a variety is refused or revoked, the results of the examinations shall be made available to persons affected by such decision.

Article 12 (4)

1. The Member States shall provide that the varieties accepted must be maintained according to accepted practices for the maintenance of the variety. This rule shall not apply to varieties whose seed may not be controlled except as standard seed but which are widely known on 1 July 1970.

With regard to the new Member States, the date 1 July 1970 referred to above shall be replaced by the date 1 January 1973.

2. It must at all times be possible to check maintenance from the records kept by the person or persons responsible for the variety. These records shall also cover the production of all generations prior to basic seed.

3. Samples may be requested from the person responsible for the variety. Such samples may if necessary be taken officially.

4. Where maintenance takes place in a Member State other than that in which the variety was accepted, the Member States concerned shall assist each other administratively as regards control.

Article 13 (3)

1. Acceptance shall be valid until the end of the tenth calendar year following acceptance.

Acceptance granted to varieties in a Member State before 1 July 1972 shall be valid until 30 June 1982 at the latest.

2. Acceptance of a variety may be renewed at given intervals if it is still cultivated on such a scale as to justify this and provided that the requirements as to distinctness, uniformity and stability are still satisfied. Applications for renewal shall be submitted not later than two years before expiry of acceptance.

3. The period of validity of acceptance shall be extended provisionally until a decision is taken on the application for renewal.

Article 14

1. The Member States shall ensure that acceptance of a variety is revoked:

(a) if it is proved, on examination, that the variety is no longer distinct, stable or sufficiently uniform;

(b) if the person or persons responsible for the variety so request, unless maintenance of the variety is assured.

2. Member States may revoke the acceptance of a variety:

(a) if the laws, regulations and administrative provisions adopted in pursuance of this Directive are not complied with;

(b) if, at the time of the application for acceptance or during examination, false or fraudulent particulars were supplied concerning the facts on the basis of which acceptance was granted.

Article 15

1. The Member States shall ensure that a variety is deleted from their catalogues if acceptance of the variety has been revoked or if the period of validity of the acceptance has expired.

2. Member States may, in respect of their own territory, allow a period of not more than three years after expiry of the acceptance for the disposal of seed.

Article 16 (3)(4)

1. The Member States shall ensure that, after expiry of a period of two months following the publication referred to in Article 17, seed of varieties accepted in accordance with the provisions of this Directive or in accordance with principles corresponding to those of this Directive are subject to no marketing restrictions relating to variety.

2. By way of derogation from paragraph 1, a Member State may, upon application which will be dealt with as provided in Article 40, be authorized to prohibit the marketing in all or part of its territory of seed of the variety in question if the variety is not distinct, stable or sufficiently uniform. The application shall be lodged before the end of the third calendar year following that of acceptance.

3. The period provided for in paragraph 2 may be extended before expiry, in accordance with the procedure laid down in Article 40, where there is good reason.

4. In the case of varieties accepted before 1 July 1972 the period provided for in the second sentence of paragraph 2 shall run from 1 July 1972.

With regard to the new Member States, the date 1 July 1972 referred to above shall be replaced by the date 1 July 1973.

Article 17 (3)

The Commission shall, on the basis of the information supplied by the Member States and as this is received, publish in the Official Journal of the European Communities under the title "Common Catalogue of Varieties of Vegetable Species" a list of all varieties whose seed after expiry of a period of two months is subject under Article 16 to no marketing restrictions as regards variety, and also the information required under Article 10 (1) concerning the person or persons responsible for maintenance of the variety. The published notice shall indicate the Member States which have received an authorization under Article 16 (2) or Article 18.

Article 18

If it is established that the cultivation of a variety included in the common catalogue of varieties of vegetable species may be harmful from the point of view of plant health to the cultivation of other varieties or species growing in a Member State, that Member State may upon application, which will be dealt with as provided in Article 40, be authorized to prohibit the marketing of seed of that variety in all or part of its territory. Where there is imminent danger of the spread of harmful organisms, and until such time as a final decision has been taken in accordance with the procedure laid down in Article 40, this prohibition may be imposed by the Member State concerned as soon as its application has been lodged.

Article 19

Where a variety ceases to be accepted in the Member State which initially accepted it, one or more other Member States may continue to accept that variety provided that the requirements for acceptance continue to be met in their territory. If the variety in question is one where maintenance is required, this must remain assured.

Article 20

1. The Member States shall provide that vegetable seed may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed", or is standard seed, and unless it satisfies the conditions laid down in Annex II.

2. From 1 July 1977 it may, under the procedure laid down in Article 40, be provided that after specified dates seed of certain vegetable species may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".

3. The Member States shall ensure that official examinations of seeds are carried out in accordance with current international methods, in so far as such methods exist.

4. Member States may provide for derogations from the provisions of paragraph 1:

(a) for seed of generations prior to basic seed;

(b) for tests or for scientific purposes;

(c) for selection work;

(d) for seed "as grown" and sold to be prepared for marketing, provided that the identity of the seed is ensured.

Article 21

Member States may, however, by way of derogation from the provisions of Article 20:

(a) authorize the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex II in respect of germination. In this case, all necessary measures shall be taken to ensure that the supplier guarantees a particular germination which he shall state for marketing purposes on a special label bearing his name and address and the reference number of the seed lot;

(b) in order to make seed rapidly available, notwithstanding the fact that the official examination to check compliance with the conditions laid down in Annex II in respect of germination has not been concluded, authorize the official certification and marketing as far as the first buyer by way of trade of seed of the categories "basic seed" or "certified seed". Certification shall be granted only on presentation of a provisional analytical report on the seed and provided that the name and address of the first consignee are given; all necessary measures shall be taken to ensure that the supplier guarantees the germination ascertained at the provisional analysis; this germination shall be stated for marketing purposes on a special label bearing the name and address of the supplier and reference number of the lot.

These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 31 in respect of multiplication outside the Community.

Article 22

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

Article 23

1. The Member States shall require that for the examination of seed for certification and for post-control tests, samples are drawn officially in accordance with appropriate methods.

These provisions shall also apply where samples of standard seed are drawn officially for post-control tests.

2. For the examination of seed for certification and for post-control tests, 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 24 (5)

1. The Member States shall require that basic seed, certified seed and standard seed be marketed only in sufficiently homogeneous lots and in sealed packages bearing, as prescribed in Articles 25 and 26, 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.

3. Member States may allow the marketing of mixtures of standard seed of different varieties of Lactuca sativa L. and of mixtures of standard seed of different varieties of Raphanus sativus L. in small packages not exceeding 50 g provided that the words "mixture of varieties" and the names of the varieties making up the mixture are shown on the package.

Article 25

1. The Member States shall require that packages of basic seed and certified seed not made up in the form of small packages be officially sealed in such a manner that when the package is opened the sealing device is damaged and cannot be re-attached.

2. Packages which have been officially sealed shall not be resealed, whether one or more times, except officially. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 26 (1).

3. Packages of standard seed and small packages of seeds of the category "certified seed" shall be sealed in such a manner that when the package is opened, the sealing device is damaged and cannot be re-attached. Except in the case of small packages, they shall also bear a lead or equivalent sealing device attached by the person responsible for attaching the labels.

Article 26 (3) (4)

1. Member States shall require that packages of basic seed and certified seed not made up in the form of small packages:

(a) be labelled on the outside with an official label in one of the official languages of the Community conforming to the specification in Annex IV (A); it shall be attached with the official sealing device; the colour of the label shall be white for basic seed and blue for certified seed; the use of adhesive labels shall be authorized; these may be used as official sealing devices; if, as envisaged in Article 21, the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label.

(b) contain an official document, in the same colour as the label, giving the same information as that required under Annex IV (A) (a) (4), (5) and (6); this document is not necessary if the information is printed indelibly on the package or if an adhesive label is used in accordance with the provisions laid down under (a).

The label shall not be required for transparent packages if the official document inside gives the information required under subparagraph (a) and can be read through the package.

2. In the case of varieties which are widely known on 1 July 1970, reference may also be made on the label to any particular method for maintenance of the variety. It shall be prohibited to refer to any special properties which might be connected with such method.

With regard to the new Member States, the date 1 July 1970 referred to above shall be replaced by 1 January 1973.

3. Packages of standard seed and small packages of seed of the category "certified seed" shall, as required under Annex IV (B), bear a supplier's label or a printed or stamped notice in one of the official languages of the Community. The colour of the label shall be blue for certified seed and dark yellow for standard seed.

Article 27

The Member States shall take all measures necessary to ensure that in the case of small packages of certified 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 made up in their territory be sealed officially or under official supervision.

Article 28

The Member States shall retain the right to require that in cases other than those provided for in Articles 21 and 26, packages of basic seed, certified seed or standard seed, whether the seed has been produced in their own territory or imported, must, if the seed is to be marketed within their territory, bear additional information from the supplier, either printed on a label or stamped directly on the container.

Article 29

The Member States shall require that any chemical treatment of basic seed, certified seed or standard seed be noted either on the official label or on the supplier's label and on the package or inside it. For small packages, this information may be printed directly on the container or inside it.

Article 30 (3)

1. The Member States shall ensure that basic seed and certified seed which have been officially certified and whose packages have been officially marked and sealed as prescribed in this Directive, and also certified seed made up in small packages and standard seed whose packages have been marked and sealed as prescribed in this Directive, are subject to no marketing restrictions as regards their characteristics, examination arrangements, marking and sealing other than those laid down in this Directive.

2. From 1 July 1977 and until such time as a decision has been taken under Article 20 (2), any Member State may upon application, which will be dealt with under Article 40, be authorized to provide that after specified dates seed of certain species of vegetable may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".

3. Those Member States which have provided for exemptions in accordance with the provisions of Article 20 (4) (a) shall ensure that bred seed of generations prior to basic seed are subject to no marketing restrictions on account of their characteristics, examination arrangements, marking and sealing:

(a) if it has been officially controlled by the competent certification authority in accordance with the provisions applicable to basic seed,

(b) if it is packed in accordance with the provisions of this Directive, and

(c) if its packages bear an official label giving at least the following particulars:

- certification authority and Member State or their distinguishing abbreviation,

- lot reference number,

- species,

- variety,

- the description "pre-basic seed",

- number of generations preceding seed of the category "certified seed".

The label shall be white with a diagonal violet line.

Article 31

1. The Member States shall provide that vegetable seed produced directly from basic seed certified in one Member State and harvested in another Member State or in a third country may be certified in the State which produced the basic seed if that seed has undergone field inspection satisfying the conditions laid down in Annex 1, and if official examination has shown that the conditions laid down in Annex II for certified seed are satisfied.

2. Paragraph 1 shall apply in like manner to the certification of certified seed produced directly from seed of a generation prior to basic seed which can satisfy and is shown by official examination to satisfy the conditions laid down in Annexes I and II for basic seed.

Article 32 (2)

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

(a) the official examinations of varieties carried out in the third country afford the same assurances as those provided for in Article 7 and carried out in the Member States;

(b) the checks on practices for the maintenance of the varieties carried out in the third country afford the same assurances as those carried out by the Member States;

(c) in the cases referred to in Article 31, the field inspections in the third country satisfy the conditions laid down in Annex I;

(d) vegetable seed harvested in a third country and affording the same assurance as regards its characteristics and the arrangements for its examination, for ensuring identity, for marking and for control is equivalent in these respects to basic seed, certified seed or standard seed harvested within the Community and complying with the provisions of this Directive.

2. Until such time as the Council has taken a decision under paragraph 1, the Member States shall be free to take such decisions themselves. This right shall expire on 30 June 1975.

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.

Article 33 (3)

1. In order to remove any temporary difficulties in the general supply of basic seed, certified seed or standard seed that occur in one or more Member States and cannot be overcome within the Community, one or more Member States may be authorized, in accordance with the procedure laid down in Article 40, to permit, for a specified period, the marketing of seed of a category subject to less stringent requirements, or of seed of varieties not included in the "Common Catalogue of Varieties of Vegetables Species" or in their national catalogues of varieties.

2. For a category of seeds of any given variety, the official label or the supplier's label shall be that provided for the corresponding category; in all other cases, it shall be brown. The label shall always state that the seed in question is of a category satisfying less stringent requirements.

Article 33a (5)

Member States may be authorized, in accordance with the procedure laid down in Article 40, to permit the marketing of seed harvested before 1 July 1973 which does not fully satisfy the requirements for germination laid down in Annex II if such seed is specially marked. Such authorization may only be granted until 1 July 1975.

Article 34

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

Article 35 (3)

1. The Member States shall make suitable arrangements for vegetable seed to be officially controlled, at least by check sampling, as regards its compliance with the requirements of this Directive.

2. The Member States shall take all necessary measures to ensure that the following particulars are presented during the marketing of quantities exceeding 2 kg of seed coming from another Member State or from a third country:

(a) species,

(b) variety,

(c) category,

(d) country of production and official control authority,

(e) country of dispatch,

(f) importer,

(g) quantity of seed.

The manner in which these particulars must be presented may be determined in accordance with the procedure laid down in Article 40.

Article 36

The Member States shall ensure that seed of the categories "certified seed" and "standard seed" is subject to official post-control in the field by check inspection to compare their varietal identity and varietal purity against standard controls.

Article 37 (3)

1. The Member States shall ensure that the persons responsible for affixing the labels for standard seed intended for marketing:

(a) inform them of the dates when their activities begin and end;

(b) keep records of all lots of standard seed and make them available to the Member States for not less than three years;

(c) make available to the Member States for not less than two years a control sample of seed of varieties for which maintenance is not required;

(d) draw samples from each lot intended for marketing and make them available to the Member States for not less than two years.

The operations referred to in sections (b) and (d) shall be subject to official checks carried out on a random basis.

The obligation laid down under (c) shall apply only to producers.

2. Member States shall ensure that any person intending in accordance with Article 26 (2) to make reference to methods for the maintenance of a variety state this intention in advance.

Article 38

1. If it is repeatedly found, during post-control tests carried out in the field, that seed of any one variety does not adequately satisfy the conditions laid down in respect of varietal identity or varietal purity, the Member States shall ensure that the person marketing it is wholly or partially forbidden to market such seed (where appropriate, for a specified period).

2. Any measures taken under paragraph 1 shall be withdrawn as soon as it has been established with adequate certainty that the seed intended for marketing will in future satisfy the conditions as to varietal identity and varietal purity.

Article 39 (1)

1. Community comparative tests shall be carried out within the Community for the post-control of samples of basic seed, with the exception of that of hybrid and synthetic varieties, and of certified or standard vegetable seed, taken during check sampling. Satisfaction of the conditions with which the seed must comply may be checked during the post-control tests. The arrangements for holding the tests and their results shall be submitted to the Committee referred to in Article 40.

2. These comparative tests shall, during a first stage, be used to harmonize the technical methods of certification and post-control so as to obtain results which are equivalent. As soon as this aim is achieved, progress reports shall be made on the comparative tests and sent in confidence to the Member States and to the Commission. The date for the first report shall be set in accordance with the procedure laid down in Article 40.

3. Arrangements for carrying out the comparative tests shall be adopted in accordance with the procedure laid down in Article 40. Vegetable seed harvested in third countries may be included in the comparative tests.

Article 40 (4)

1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee").

2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.

3. The representative of the Commission shall submit a draft of measures to be adopted. The Committee shall deliver its Opinion on such measures within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be adopted by a majority of forty-one votes.

4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the Opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.

The Council, acting by a qualified majority, may take a different decision within one month.

Article 40a (5)

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 40.

Article 41

Save as otherwise provided in Article 18 and in Annexes I and II, 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 or commercial property.

Article 42 (3)

Upon application by a Member State, which will be dealt with as provided in Article 40, that State may be wholly or partially released from the obligation to apply the provisions of this Directive, save where this would run counter to the provisions laid down in Article 16 (1) and in Article 30 (1):

(a) to the following species:

Chervil,

Asparagus,

Spinach beet, chard,

Curly kale,

Cauliflower,

Sprouting broccoli or calabrese,

Chicory,

Water melon,

Fennel,

Scorzonera or black salsify;

(b) to other species which are not normally reproduced or marketed in its territory.

Article 43 [2]

The Member States shall, not later than 1 July 1972, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

Article 44

This Directive is addressed to the Member States.

[1] Provisions identical in substance to those of Article 2 (2) shall apply to the new Member States up to 30 June 1976.

[2] 1 July 1972 was the date fixed in Directive No 70/458/EEC. The amendments to that Directive have been or shall be the subject of national measures of application within the following time limits:Member States of the Community as originally constituted:New Member States:(4)the legislative, regulations and administrative provisions, amended in accordance with the Directive in question shall be applicable from 1 July 1973.Member States of the enlarged Community:

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ANNEX 1

CONDITIONS FOR CROP CERTIFICATION

1. The crop shall have sufficient varietal identity and varietal purity.

2. In the case of basic seed, at least one official field inspection shall be carried out. In the case of certified seed, at least one field inspection shall be carried out, officially controlled by means of check inspection of at least 20 % of the crop of each species.

3. The cultural condition of the field and the stage of development of the crop shall be such as to permit varietal identity and varietal purity and health status to be adequately checked.

4. The minimum distances from neighbouring plants which might result in undesirable foreign pollination shall be:

A. Beta and Brassica species:

(1) From sources of foreign pollen liable to cause serious deterioration of varieties of Beta and Brassica species:

(a)for basic seed | 1000 m; |

(b)for certified seed | 600 m; |

(2) From other sources of foreign pollen liable to cross with varieties of Beta and Brassica species:

(a)for basic seed | 500 m; |

(b)for certified seed | 300 m; |

B. Other species:

(1) From sources of foreign pollen liable to cause serious deterioration of varieties of other species as a result of cross-fertilization:

(a)for basic seed | 500 m; |

(b)for certified seed | 300 m; |

(2) From other sources of foreign pollen liable to cross with varieties of other species as a result of cross-fertilization:

(a)for basic seed | 300 m; |

(b)for certified seed | 100 m. |

These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.

5. Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

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ANNEX II (3) (4)

CONDITIONS TO BE SATISFIED BY THE SEED

1. The seeds shall have sufficient varietal identity and varietal purity.

2. Diseases and harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.

3. The seeds shall also satisfy the following conditions:

(a) Standards:

Species | Minimum analytical purity (% by weight) | Maximum content of seeds of other plant species (% by weight) | Minimum germination (% clusters or pure seed) |

Allium cepa | 97 | 0,5 | 70 |

Allium porrum | 97 | 0,5 | 65 |

Anthriscus cerefolium | 96 | 1 | 70 |

Apium graveolens | 97 | 1 | 70 |

Asparagus officinalis | 96 | 0,5 | 70 |

Beta vulgaris (Cheltenham beet variety) | 97 | 0,5 | 50 (clusters) |

Beta vulgaris (all species) | 97 | 0,5 | 70 (clusters) |

Brassica oleracea var. botrytis | 97 | 1 | 70 |

Brassica oleracea (other species) | 97 | 1 | 75 |

Brassica rapa | 97 | 1 | 80 |

Capsicum annuum | 97 | 0,5 | 65 |

Cichorium intybus | 95 | 1,5 | 65 |

Cichorium endivia | 95 | 1 | 65 |

Citrullus vulgaris | 98 | 0,1 | 75 |

Cucumis melo | 98 | 0,1 | 75 |

Cucumis sativus | 98 | 0,1 | 80 |

Cucurbita pepo | 98 | 0,1 | 75 |

Daucus carota | 95 | 1 | 65 |

Foeniculum vulgare | 96 | 1 | 70 |

Lactuca sativa | 95 | 0,5 | 75 |

Petroselinum hortense | 91 | 1 | 65 |

Phaseolus coccineus | 98 | 0,1 | 80 |

Phaseolus vulgaris | 98 | 0,1 | 75 |

Pisum sativum | 98 | 0,1 | 80 |

Raphanus sativus | 97 | 1 | 70 |

Scorzonera hispanica | 95 | 1 | 70 |

Solanum lycopersicum | 97 | 0,5 | 75 |

Solanum melogena | 96 | 0,5 | 65 |

Spinacia oleracea | 97 | 1 | 75 |

Valerianella locusta | 95 | 1 | 65 |

Vicia faba | 98 | 0,1 | 80 |

(b) Additional requirements:

(i) legume seed shall not be contaminated by the following live insects:

Acanthoscelides obtectus sag.

Bruchus affinis Froel.

Bruchus atomarius L.

Bruchus pisorum L.

Bruchus rufimanus Boh.

(ii) seed shall not be contaminated by live Acarina.

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ANNEX III (3)(5)

1. Maximum weight of a seed lot

a)Seeds of a size not less than that of a grain of wheat | 20 metric tons. |

b)Seeds of a size smaller than a grain of wheat | 10 metric tons. |

2. Minimum weight of a sample

Species | Weight (in g) |

Allium cepa | 25 |

Allium porrum | 20 |

Anthriscus cerefolium | 20 |

Apium graveolens | 5 |

Asparagus officinalis | 100 |

Beta vulgaris | 100 |

Brassica oleracea | 25 |

Brassica rapa | 20 |

Capsicum annuum | 40 |

Cichorium intybus | 15 |

Cichorium endivia | 15 |

Citrullus vulgaris | 250 |

Cucumis melo | 100 |

Cucumis sativus | 25 |

Cucurbita pepo | 150 |

Daucus carota | 10 |

Foeniculum vulgare | 25 |

Lactuca sativa | 10 |

Petroselinum hortense | 10 |

Phaseolus coccineus | 1000 |

Phaseolus vulgaris | 700 |

Pisum sativum | 500 |

Raphanus sativus | 50 |

Scorzonera hispanica | 30 |

Solarium lycopersicum | 20 |

Solarium melongena | 20 |

Spinacia oleracea | 75 |

Valerianella locusta | 20 |

Vicia faba | 1000 |

In the case of F 1 hybrid varieties of the above species, the minimum weight of the sample may be decreased to a quarter of the specified weight. However, the sample must have a weight of at least 5 grammes and consist of at least 400 seeds.

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ANNEX IV (3)

LABEL

A. Official label

(basic seed and certified seed, excluding small packages):

(a) Required information:

1. "EEC rules and standards".

2. Certification authority and Member State or their initials.

3. Month and year of official sealing.

4. Reference number of lot.

5. Species.

6. Variety.

7. Category.

8. Country of production.

9. Declared net or gross weight or declared number of seeds.

(b) Minimum dimensions:

110 × 67 mm.

B. Supplier's label or inscription on the package

(standard seed and small packages of the category "certified seed"):

(a) Required information:

1. "EEC rules and standards".

2. Name and address of the supplier responsible for affixing the labels or his identification mark.

3. Month and year of sealing; for small packages, the year of sealing.

4. Species.

5. Variety.

6. Category.

7. Reference number given by the supplier responsible for affixing the label's — in the case of standard seed.

8. Reference number enabling the certified lot to be identified — in the case of small packets of seed of the category "certified seed".

9. Country of production, except in the case of small packages.

10. Declared net or gross weight or declared number of seeds, except for small packages of up to 500 grammes.

(b) Minimum dimensions of the label (excluding small packages):

110 × 67 mm.

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