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Document 02009L0145-20130828
Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (Text with EEA relevance)
Consolidated text: Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (Text with EEA relevance)
Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (Text with EEA relevance)
02009L0145 — EN — 28.08.2013 — 001.001
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COMMISSION DIRECTIVE 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (OJ L 312 27.11.2009, p. 44) |
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COMMISSION IMPLEMENTING DIRECTIVE 2013/45/EU of 7 August 2013 |
L 213 |
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8.8.2013 |
COMMISSION DIRECTIVE 2009/145/EC
of 26 November 2009
providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties
(Text with EEA relevance)
CHAPTER I
Subject matter and definitions
Article 1
Subject matter
As regards the vegetable species covered by Directive 2002/55/EC, this Directive lays down certain derogations, in relation to the conservation in situ and the sustainable use of plant genetic resources through growing and marketing:
for acceptance for inclusion in the national catalogues of varieties of vegetable species, as provided for in Directive 2002/55/EC, of landraces and varieties which have been traditionally grown in particular localities and regions and threatened by genetic erosion, hereinafter ‘conservation varieties’; and
for acceptance for inclusion in the catalogues referred to in point (a) of varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions, hereinafter ‘varieties developed for growing under particular conditions’; and
for the marketing of seed of such conservation varieties and varieties developed for growing under particular conditions.
Article 2
Definitions
For the purposes of this Directive the following definitions shall apply:
‘conservation in situ’ means the conservation of genetic material in its natural surroundings and, in the case of cultivated plant species, in the farmed environment where they have developed their distinctive properties;
‘genetic erosion’ means loss of genetic diversity between and within populations or varieties of the same species over time, or reduction of the genetic basis of a species due to human intervention or environmental change;
‘landrace’ means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions of their region.
CHAPTER II
Conservation varieties
Article 3
Conservation varieties
Conservation varieties shall be accepted as follows:
Member States may accept a variety as a variety whose seed may either be certified as ‘certified seed of a conservation variety’ or verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be certified in accordance with Article 10 of Commission Directive 2009/145/EC or verified in accordance with Article 11 of that Directive’;
Member States may accept a variety as a variety whose seed may only be verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be verified in accordance with Article 11 of Commission Directive 2009/145/EC’.
Article 4
Substantive requirements
In such cases Member States shall ensure that for distinctness and stability at least the characteristics shall apply which are referred to in:
the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or
the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species.
For the assessment of uniformity, Directive 2003/91/EC shall apply.
However, if the uniformity level is established on the basis of off-types, a population standard of 10 % and an acceptance probability of at least 90 % shall be applied.
Article 5
Procedural requirements
By way of derogation from the first sentence of Article 7(1) of Directive 2002/55/EC, no official examination shall be required if the following information is sufficient for the decision on the acceptance of the conservation varieties:
the description of the conservation variety and its denomination;
the results of unofficial tests;
knowledge gained from practical experience during cultivation, reproduction and use as notified by the applicant to the Member State concerned;
other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States.
Article 6
Exclusion of acceptance
A conservation variety shall not be accepted for inclusion in the national catalogue of varieties if:
it is already listed in the common catalogue of varieties of vegetable species as a variety other than a conservation variety, or it was deleted from that common catalogue within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or
it is protected by a Community plant variety right, as provided for in Council Regulation (EC) No 2100/94 ( 8 ), or by a national plant variety right, or an application for such a right is pending.
Article 7
Denomination
Article 8
Region of origin
Where the region of origin is located in more than one Member States, it shall be identified by all Member States concerned by common accord.
Article 9
Maintenance
Member States shall ensure that a conservation variety must be maintained in its region of origin.
Article 10
Certification
By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a conservation variety may be certified as certified seed of a conservation variety if it meets the following requirements:
the seed descends from seed produced according to well defined practices for the maintenance of the variety;
the seed complies with the requirements for certification of ‘certified seed’ provided for in Article 2(1)(d) of Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity and the requirements concerning official examination or examination under official supervision;
the seed has sufficient varietal purity.
Article 11
Verification
By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a conservation variety may be verified as standard seed of a conservation variety if it meets the following requirements:
the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity;
the seed has sufficient varietal purity.
Article 12
Seed testing
Article 13
Region of seed production
If the seed cannot be produced in that region, due to a specific environmental problem, Member States may approve additional regions for seed production taking into account information from plant genetic resource authorities or from organisations recognised for this purpose by the Member States. However, seed produced in those additional regions shall be used exclusively in the region of origin.
The Commission and the other Member States may, within 20 working days from receipt of those notifications, request the matter to be referred to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry. A decision shall be taken in accordance with Article 48(1)(b) of Directive 2002/55/EC, to lay down, if necessary, restrictions or conditions for the designation of such regions.
If neither the Commission nor other Member States make a request under the second subparagraph, the Member State in question may approve the additional regions for seed production as notified.
Article 14
Marketing conditions
Member States shall ensure that seed of a conservation variety may only be marketed subject to the following conditions:
it has been produced in its region of origin or in a region referred to in Article 13;
marketing takes place in its region of origin.
Where Member States approve such additional regions, they shall ensure that the amount of seed necessary for the production of at least the quantity of seed referred to in Article 15 is reserved to conserve the variety in its region of origin.
The Member States shall inform the Commission and the other Member States of the approval of such additional regions.
Article 15
Quantitative restrictions
Each Member State shall ensure that, for each conservation variety, the quantity of seed marketed per year does not exceed the quantity necessary for producing vegetables on the number of hectares set out in Annex I for the respective species.
Article 16
Application of quantitative restrictions
Article 17
Sealing of packages
Article 18
Labelling
Member States shall ensure that packages or containers of seed of conservation varieties bear a supplier’s label or a printed or stamped notice including the following information:
the words ‘EC rules and standards’;
the name and address of the person responsible for affixing the labels or his identification mark;
the year of sealing expressed as: ‘sealed …’ (year), or the year of the last sampling for the purposes of the last testing of germination expressed as: ‘sampled …’ (year);
the species;
the denomination of the conservation variety;
the words ‘certified seed of a conservation variety’ or ‘standard seed of a conservation variety’;
the region of origin;
where the region of seed production is different from the region of origin, the indication of the region of seed production;
the reference number of the lot given by the person responsible for affixing the labels;
the declared net or gross weight, or declared number of seeds;
where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.
Article 19
Official post control
Member States shall ensure that the seed of a conservation variety marketed under this Directive is subject to official post control by random inspections to verify its varietal identity and varietal purity.
The official post control referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
Article 20
Monitoring
Member States shall ensure by official monitoring during production and marketing that the seed complies with this Chapter, paying particular attention to the variety, locations of the seed production and quantities.
CHAPTER III
Varieties developed for growing under particular conditions
Article 21
Varieties developed for growing under particular conditions
Article 22
Substantive requirements
A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions.
In such cases Member States shall ensure that for distinctness and stability at least the characteristics shall apply which are referred to in:
the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or
the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species.
For the assessment of uniformity, Directive 2003/91/EC shall apply.
However, if the uniformity level is established on the basis of off-types, a population standard of 10 % and an acceptance probability of at least 90 % shall be applied.
Article 23
Procedural requirements
By way of derogation from the first sentence of Article 7(1) of Directive 2002/55/EC, no official examination shall be required if the following information is sufficient for the decision on the acceptance of the varieties developed for growing under particular conditions:
the description of the variety developed for growing under particular conditions and its denomination;
the results of unofficial tests;
knowledge gained from practical experience during cultivation, reproduction and use, as notified by the applicant to the Member State concerned;
other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States.
Article 24
Exclusion of acceptance
A variety developed for growing under particular conditions shall not be accepted for inclusion in the national catalogue of varieties if:
it is already listed in the common catalogue of varieties of vegetable species as a variety other than a variety developed for growing under particular conditions, or it was deleted from that common catalogue of varieties of vegetable species within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or
it is protected by a Community plant variety right, as provided for in Regulation (EC) No 2100/94, by a national plant variety right, or if an application for such rights is pending.
Article 25
Denomination
Article 26
Verification
By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a variety developed for growing under particular conditions may be verified as standard seed of a variety developed for growing under particular conditions if it meets the following requirements:
the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity;
the seed has sufficient varietal purity.
Article 27
Seed testing
Article 28
Quantitative restrictions
Member States shall ensure that seed of varieties developed for growing under particular conditions is marketed in small packages, not exceeding the maximum net weight set out per species in Annex II.
Article 29
Sealing of packages
Article 30
Labelling
Member States shall ensure that packages of seed of varieties developed for growing under particular conditions bear a supplier’s label or a printed or stamped notice including the following information:
the words ‘EC rules and standards’;
the name and address of the person responsible for affixing the labels or his identification mark;
the year of sealing expressed as: ‘sealed …’ (year), or the year of the last sampling for the purposes of the last testing of germination expressed as: ‘sampled …’ (year);
the species;
the denomination of the variety;
the words ‘variety developed for growing under particular conditions’;
the reference number of the lot given by the person responsible for affixing the labels;
the declared net or gross weight, or declared number of seeds;
where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.
Article 31
Official post control
Member States shall ensure that the seed of a variety developed for growing under particular conditions is subject to official post control by random inspections to verify its varietal identity and purity.
The official post control referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
Article 32
Monitoring
Member States shall ensure by official monitoring during production and marketing that the seed complies with this Chapter, paying particular attention to the variety and quantities.
CHAPTER IV
General and final provisions
Article 33
Reporting
Member States shall ensure that suppliers operating in their territory report for each production season the amount of seed of each conservation variety and of each variety developed for growing under particular conditions placed on the market.
Member States shall report on request to the Commission and to the other Member States the amount of seed of each conservation variety and of each variety developed for growing under particular conditions placed on the market in their territory.
Article 34
Notification of the recognised organisations of plant genetic resources
Member States shall notify to the Commission the recognised organisations referred to in Article 5(d), Article 8(1), Article 13(1) and Article 23(d).
Article 35
Evaluation
By 31 December 2013 the Commission shall evaluate the implementation of this Directive.
Article 36
Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 37
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 38
Addressees
This Directive is addressed to the Member States.
ANNEX I
Quantitative restrictions for the marketing of seed of conservation varieties, as referred to in Article 15
Botanical name |
Maximum number of hectares per Member State for production of vegetable per conservation varieties |
Allium cepa L. — Cepa group Brassica oleracea L. Brassica rapa L. Capsicum annuum L. Cichorium intybus L. Cucumis melo L. Cucurbita maxima Duchesne Cynara cardunculus L. Daucus carota L. Lactuca sativa L. ►M1 Solanum lycopersicum L. ◄ Phaseolus vulgaris L. Pisum sativum L. (partim) Vicia faba L. (partim) |
40 |
Allium cepa L. — Aggregatum group Allium porrum L. Allium sativum L. Beta vulgaris L. Citrullus lanatus (Thunb.) Matsum. et Nakai Cucumis sativus L. Cucurbita pepo L. Foeniculum vulgare Mill. Solanum melongena L. Spinacia oleracea L. |
20 |
Allium fistulosum L. Allium schoenoprasum L. Anthriscus cerefolium (L.) Hoffm. Apium graveolens L. Asparagus officinalis L. Cichorium endivia L. Petroselinum crispum (Mill.) Nyman ex A. W. Hill Phaseolus coccineus L. Raphanus sativus L. Rheum rhabarbarum L. Scorzonera hispanica L. Valerianella locusta (L.) Laterr. Zea mays L. (partim) |
10 |
ANNEX II
Maximum net weight per package, as referred to in Article 28
Botanical name |
Maximum net weight per package expressed in grams |
Phaseolus coccineus L. Phaseolus vulgaris L. Pisum sativum L. (partim) Vicia faba L. (partim) Spinacia oleracea L. Zea mays L. (partim) |
250 |
Allium cepa L. (cepa group, Aggregatum group) Allium fistulosum L. Allium porrum L. Allium sativum L. Anthriscus cerefolium (L.) Hoffm. Beta vulgaris L. Brassica rapa L. Cucumis sativus L. Cucurbita maxima Duchesne Cucurbita pepo L. Daucus carota L. Lactuca sativa L. Petroselinum crispum (Mill.) Nyman ex A. W. Hill Raphanus sativus L. Scorzonera hispanica L. Valerianella locusta (L.) Laterr. |
25 |
Allium schoenoprasum L. Apium graveolens L. Asparagus officinalis L. Brassica oleracea L. (all) Capsicum annuum L. Cichorium endivia L. Cichorium intybus L. Citrullus lanatus (Thunb.) Matsum. et Nakai Cucumis melo L. Cynara cardunculus L. ►M1 Solanum lycopersicum L. ◄ Foeniculum vulgare Mill. Rheum rhabarbarum L. Solanum melongena L. |
5 |
( 1 ) OJ L 193, 20.7.2002, p. 33.
( 2 ) OJ L 309, 13.12.1993, p. 1.
( 3 ) OJ L 378, 23.12.2004, p. 1.
( 4 ) OJ L 162, 30.4.2004, p. 18.
( 5 ) OJ L 277, 21.10.2005, p. 1.
( 6 ) OJ L 254, 8.10.2003, p. 11.
( 7 ) OJ L 191, 23.7.2009, p. 10.
( 8 ) OJ L 227, 1.9.1994, p. 1.