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Document 01966L0402-20220901
Council Directive of 14 June 1966 on the marketing of cereal seed (66/402/EEC)
Consolidated text: Council Directive of 14 June 1966 on the marketing of cereal seed (66/402/EEC)
Council Directive of 14 June 1966 on the marketing of cereal seed (66/402/EEC)
01966L0402 — EN — 01.09.2022 — 021.001
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COUNCIL DIRECTIVE of 14 June 1966 on the marketing of cereal seed (OJ P 125 11.7.1966, p. 2309) |
Amended by:
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26.2.1969 |
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L 87 |
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29.7.1972 |
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26.12.1972 |
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L 356 |
79 |
27.12.1973 |
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L 196 |
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26.7.1975 |
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L 16 |
23 |
20.1.1978 |
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L 113 |
13 |
25.4.1978 |
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L 236 |
13 |
26.8.1978 |
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L 350 |
27 |
14.12.1978 |
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L 183 |
13 |
19.7.1979 |
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1 |
13.8.1979 |
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L 67 |
36 |
12.3.1981 |
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L 203 |
52 |
23.7.1981 |
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L 362 |
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31.12.1985 |
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7.5.1986 |
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23.7.1986 |
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17.6.1988 |
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16.7.1988 |
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L 274 |
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6.10.1988 |
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31 |
7.1.1989 |
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30.11.1990 |
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L 353 |
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17.12.1990 |
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L 54 |
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5.3.1993 |
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L 67 |
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25.3.1995 |
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L 304 |
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27.11.1996 |
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L 25 |
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1.2.1999 |
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L 25 |
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1.2.1999 |
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L 50 |
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26.2.1999 |
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L 142 |
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5.6.1999 |
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L 234 |
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1.9.2001 |
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L 165 |
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3.7.2003 |
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L 14 |
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18.1.2005 |
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L 159 |
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13.6.2006 |
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L 166 |
40 |
27.6.2009 |
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COMMISSION IMPLEMENTING DIRECTIVE 2012/1/EU of 6 January 2012 |
L 4 |
8 |
7.1.2012 |
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COMMISSION IMPLEMENTING DIRECTIVE 2012/37/EU of 22 November 2012 |
L 325 |
13 |
23.11.2012 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2015/1955 of 29 October 2015 |
L 284 |
142 |
30.10.2015 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2016/317 of 3 March 2016 |
L 60 |
72 |
5.3.2016 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2018/1027 of 19 July 2018 |
L 184 |
4 |
20.7.2018 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2020/177 of 11 February 2020 |
L 41 |
1 |
13.2.2020 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/415 of 8 March 2021 |
L 81 |
65 |
9.3.2021 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/971 of 16 June 2021 |
L 214 |
62 |
17.6.2021 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/1927 of 5 November 2021 |
L 393 |
13 |
8.11.2021 |
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COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/2171 of 7 December 2021 |
L 438 |
84 |
8.12.2021 |
Amended by:
ACT concerning the Conditions of Accession and the Adjustments to the Treaties |
L 73 |
14 |
27.3.1972 |
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L 002 |
1 |
.. |
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L 291 |
17 |
19.11.1979 |
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C 241 |
21 |
29.8.1994 |
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L 001 |
1 |
.. |
Corrected by:
COUNCIL DIRECTIVE
of 14 June 1966
on the marketing of cereal seed
(66/402/EEC)
Article 1
This Directive shall apply to the production with a view to marketing, and to the marketing, of cereal seed within the Community.
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.
Article 2
Cereals: plants of the following species intended for agricultural or horticultural production other than production for ornamental purposes:
Avena nuda L. |
Small naked oat, Hulless oat |
Avena sativa L. (includes A. byzantina K. Koch) |
Oats and Red oat |
Avena strigosa Schreb. |
Black oat, Bristle oat |
Hordeum vulgare L. |
Barley |
Oryza sativa L. |
Rice |
Phalaris canariensis L. |
Canary grass |
Secale cereale L. |
Rye |
Sorghum bicolor (L.) Moench subsp. bicolor |
Sorghum |
Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
Sudan grass |
xTriticosecale Wittm. ex A. Camus |
hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale |
Triticum aestivum L. subsp. aestivum |
Wheat |
Triticum turgidum L. subsp. durum (Desf.) van Slageren |
Durum wheat |
Triticum aestivum L. subsp. spelta (L.) Thell. |
Spelt wheat |
Zea mays L. ►M18 (partim) ◄ |
Maize except popcorn and sweet corn. |
This definition shall also cover the following hybrids resulting from the crossing of species referred to above.
Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
Hybrids resulting from the crossing of Sorghum bicolor (L.) Moench subsp. bicolor and Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
Unless otherwise specified, seed of the aforementioned hybrids shall be subject to the standards or other conditions applicable to seed of each of the species from which they are derived.
Varieties, hybrids and inbred lines of maize ►M16 and Sorghum spp. ◄ :
Open-pollinated variety: a sufficiently uniform and stable variety;
Inbred line: a sufficiently uniform and stable line, obtained either by artificial self-fertilization accompanied by selection over several successive generations or by equivalent operations;
Simple hybrid: the first generation of a cross, defined by the breeder, between two inbred lines;
Double hybrid: the first generation of a cross, defined by the breeder, between two simple hybrids;
►C1 Triple-cross ◄ hybrid: the first generation of a cross, defined by the breeder, between an inbred line and a simple hybrid;
Top Cross hybrid: the first generation of a cross, defined by the breeder, between an inbred line or a simple hybrid and an open-pollinated variety;
Intervarietal hybrid: the first generation of a cross, defined by the breeder, between plants grown from basic seed of two open-pollinated varieties.
Basic seed (oats, barley, rice, canary grass, rye triticale, wheat, durum wheat and spelt wheat, other than hybrids in each case): seed
which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;
which is intended for the production of seed either of the category ‘certified seed’ or of the categories ‘certified seed, first generation’ or ‘certified seed, second generation’;
which, subject to the provisions of Article 4 (1) (a), satisfies the conditions laid down in Annexes I and II for basic seed; and
which has been found by official examination or in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).
Basic seed (hybrids of oats, barley, rice, rye, wheat, durum wheat, spelt wheat and self-pollinating triticale)
◄which is intended for the production of hybrids;
which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and
which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a) and (b).
Basic seed maize ►M16 Sorghum spp. ◄ :
Basic seed of open-pollinated varieties: seed
which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;
which is intended for the production of seed of this variety of the category ‘certified seed’ or of Top Cross hybrids or of intervarietal hybrids;
which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and
which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).
Basic seed of inbred lines: seed
which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and
which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a).
Basic seed of simple hybrids: seed
which is intended for the production of double hybrids, ►C1 triple-cross ◄ hybrids or Top Cross hybrids;
which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and
which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a) and (b).
Certified seed (canary grass, other than hybrids, rye, sorghum, sudan grass, maize and hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and self pollinating triticale): seed
◄which ►C2 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;
which is intended for purposes other than the production of cereal seed;
which, subject to the provisions of Article 4 (1) (b) and (2), satisfies the conditions laid down in Annexes I and II for certified seed; and
which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).
Certified seed of the first generation (oats, barley, rice, triticale, wheat, durum wheat and spelt wheat, other than hybrids in each case): seed
which ►C2 has been produced directly ◄ from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;
which is intended either for the production of seed of the category ‘certified seed, second generation’ or for purposes other than the production of cereal seed;
which satisfies the conditions laid down in Annexes I and II for certified seed of the first generation; and
which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).
Certified seed of the second generation (oats, barley, rice, triticale, wheat, durum wheat and spelt wheat, other than hybrids in each case): seed
which ►C2 has been produced directly ◄ from basic seed, from certified seed of the first generation or, if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;
which is intended for purposes other than the production of cereal seed;
which satisfies the conditions laid down in Annexes I and II for certified seed of the second generation; and
which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).
Official measures: measures taken
by State authorities, or
by any legal person whether governed by public or by private law, acting under the responsibility of the State, or
in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,
provided that the persons mentioned under (b) and (c) derive no private gain from such measures.
▼M28 —————
▼M20 —————
include several generations in the basic seed category and subdivide this category by generation;
provide that official examinations in respect of germination and analytical purity not be carried out on all lots during certification unless there is doubt whether the conditions laid down in Annex II in these respects have been satisfied;
during a transitional period of not more than three 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 (E), (F) and (G), certify as certified seed seed which is of direct descent 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; this provision shall apply correspondingly to the certified seed of the first generation referred to in paragraph 1 (G);
be authorized, on request and according to the procedure laid down in Article 21, to officially certify seed of autogamous species of the categories ‘certified seed, first generation’ or ‘certified seed, second generation’ until ►M20 30 June 1989 ◄ at the latest:
When the examination under official supervision set out in paragraphs (1)(C)(d), (1)(Ca)(c), (1)(D)(1)(d), (1)(D)(2)(b), (1)(D)(3)(c), (1)(E)(d), (1) (F)(d) and (1)(G)(d) is carried out, the following requirements shall be complied with:
Field inspection
The inspectors shall:
have the necessary technical qualifications;
derive no private gain in connection with the carrying out of the inspections;
have been officially licensed by the seed certification authority of the Member State concerned and this licensing shall include either the swearing-in of inspectors or the signature by inspectors of a written statement of commitment to the rules governing official examinations;
carry out inspections under official supervision in accordance with the rules applicable to official inspections.
The seed crop to be inspected shall be grown from seed, which has undergone official post-control, the results of which have been satisfactory.
A proportion of the seed crops shall be checked by official inspectors. That proportion shall be at least 5 %.
A proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity.
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the licence provided for in (a)(iii), from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
Seed testing
Seed testing shall be carried out by seed-testing laboratories which have been authorised for that purpose by the seed certification authority of the Member State concerned under the conditions set out in (b) to (d).
The seed-testing laboratory shall have a seed analyst-in-charge who has direct responsibility for the technical operations of the laboratory and has the necessary qualifications for technical management of a seed-testing laboratory.
Its seed analysts shall have the necessary technical qualifications obtained in training courses organised under conditions applicable to official seed analysts and confirmed by official examinations.
The laboratory shall be maintained in premises and with equipment officially considered by the seed certification authority to be satisfactory for the purpose of seed testing, within the scope of the authorisation.
It shall carry out seed testing in accordance with current international methods.
The seed-testing laboratory shall be:
an independent laboratory;
or
a laboratory belonging to a seed company.
In the case referred to in (ii), the laboratory may carry out seed testing only on seed lots produced on behalf of the seed company to which it belongs, unless it has been otherwise agreed between that seed company, the applicant for certification and the competent seed certification authority.
The seed-testing laboratory’s performance of seed testing shall be subject to appropriate supervision by the seed certification authority.
For the purposes of the supervision referred to in (d) a proportion of the seed lots entered for the official certification shall be check-tested by official seed testing. That proportion shall in principle be as evenly spread as possible over natural and legal persons entering seed for certification, and the species entered, but may also be oriented to eliminate specific doubts. That proportion shall be at least 5 %.
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the authorisation provided for in (a), from officially authorised seed-testing laboratories which are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
▼M34 —————
Article 3
▼M28 —————
Article 3a
Notwithstanding Article 3(1), Member States shall provide that:
may be placed on the market.
Article 4
authorize the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex II in respect of germination; to this end all necessary measures shall be taken to ensure that the supplier guarantees a specific 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;
in order to make ►M1 maize ◄ seed rapidly available, not-withstanding 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 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 recipient 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 the reference number of the lot.
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 —————
Article 4a
Notwithstanding Article 3(1), Member States may authorise producers in their own territory to place on the market:
small quantities of seed for, scientific purposes or selection work;
appropriate quantities of seed for other test or trial purposes, provided it belongs to varieties for which an application for entry in the catalogue has been submitted in the Member State in question.
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 environmental risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 70/457/EEC shall apply accordingly.
Article 5
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 5a
Member States may restrict the certification of seed of oats, barley, rice and wheat to that of certified seed of the first generation.
Article 6
The Member States shall provide that the description of genealogical components which may be required is, if the breeder so requests, treated as confidential.
Article 7
When the seed sampling under official supervision provided for in paragraph 1 is carried out, the following requirements shall be complied with:
seed sampling shall be carried out by seed samplers who have been authorised for that purpose by the seed certification authority of the Member State concerned under the conditions set out in (b), (c), and (d);
seed samplers shall have the necessary technical qualifications obtained in training courses organised under conditions applicable to official seed samplers and confirmed by official examinations.
They shall carry out seed sampling in accordance with current international methods;
seed samplers shall be:
independent natural persons;
persons employed by natural or legal persons whose activities do not involve seed production, seed growing, seed processing or seed trade;
or
persons employed by natural or legal persons whose activities involve seed production, seed growing, seed processing or seed trade.
In the case referred to in (iii), a seed sampler may carry out seed sampling only on seed lots produced on behalf of his employer, unless it has been otherwise agreed between his employer, the applicant for certification and the seed certification authority;
the performance of the seed samplers shall be subject to appropriate supervision by the seed certification authority. When automatic sampling is in operation appropriate procedures must be adhered to and officially supervised;
for the purposes of the supervision referred to in (d) a proportion of the seed lots entered for official certification shall be check-sampled by official seed samplers. That proportion shall in principle be as evenly spread as possible over natural and legal persons entering seed for certification, and the species entered but may also be oriented to eliminate specific doubts. That proportion shall be at least 5%. This check sampling does not apply to automatic sampling.
The Member States shall compare the seed samples drawn officially with those of the same seed lot drawn under official supervision;
the Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the authorisation provided for in (a), from officially authorised seed samplers who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed sampled is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
Article 8
Article 9
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 above 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.
Article 10
be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed and for certified seed of the first generation and red for certified seed of the second generation. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 4 (1) (a) and (2), the basic seed or maize seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 21, the indelible printing under official supervision of the prescribed information on the package according to the label's model may be authorized;
contain an official document, in the same colour as the label, giving at least the information required under Annex IV (A) (a) (3), (4) and (5). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.
Article 10a
Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 94/650/EC ( 1 ) shall apply.
Article 11
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.
Article 12
The Member States shall require that any chemical treatment of basic seed or certified seed of all ►C1 categories ◄ be noted either on the official label or on the supplier's label and on the ►C1 package ◄ or inside it.
Article 13
Article 13a
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.
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.
Article 14
▼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:
it must have been officially inspected by the competent certification authority in accordance with the provisions applicable to the certification of basic seed;
it must be packed in accordance with the provisions of this Directive; and
the packages must bear an official label giving at least the following particulars:
The label shall be white with a diagonal violet line.
Article 15
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.
Cereal 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.
The Member States shall also provide that cereal seed harvested in a third country shall, on request, be officially certified if:
it has been produced directly from:
basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 16(1)(b);
or
the crossing of basic seed officially certified in a Member State with basic seed officially certified in a third country referred to in (i);
it has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 16(1)(a) for the relevant category;
official examination has shown that the conditions laid down in Annex II for the same category are satisfied.
Article 16
in the case provided for in Article 15, the field inspections in the third country satisfy the conditions laid down in Annex I;
cereal seed harvested in a third country and affording the same assurances as regards its characteristics and the arrangements for its examination, for ensuring identity, for marking and for control is equivalent in these respects to seed harvested within the Community and complying with the provisions of this Directive.
Member States may themselves take decisions under paragraph 1 concerning a third country, in so far as the Council has not yet taken a decision with regard to that country within the framework of this Directive. This right shall expire on 1 July 1975.
◄Article 17
Article 18
This Directive shall not apply to cereal seed shown to be intended for export to third countries.
Article 19
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:
species;
variety;
category;
country of production and official inspection authority;
country of dispatch;
importer;
quantity of seed.
The manner in which these particulars are to be presented may be determined in accordance with the procedure laid down in Article 21.
Article 20
Community comparative tests and trials shall be carried out within the Community for the post-control of samples of cereal 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:
The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.
Article 21
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 21a
Amendments to be made to the content of the Annexes in the light of the development of scienific or technical knowledge shall be adopted according to the procedure laid down in Article 21.
Article 21b
Amendments to be made to the content of the Annexes in order to establish the conditions to be satisfied by the crop and the seed of hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and other species for which hybrids are included in the scope of this Directive pursuant to Article 2 (1b) and the conditions to be satisfied by the crop and the seed of cross-pollinating varieties of triticale shall be adopted according to the procedure laid down in Article 21.
Article 22
Save as otherwise provided in ►M20 Annex II (3) ◄ in respect of tolerances for harmful organisms, 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.
Article 22a
Specific conditions may be established in accordance with the procedure laid down in Article 21 to take account of developments in the areas of:
conditions under which chemically treated seed may be marketed;
conditions under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, including seed mixtures of species which also include species listed in Article 1 of Council Directive 70/457/EEC, and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;
conditions under which seed suitable for organic production may be marketed.
The specific conditions referred to in paragraph 1 shall include in particular the following points:
in the case of (b), the seed of these species shall be of a known provenance approved by the appropriate authority in each Member State for marketing the seed in defined areas;
in the case of (b), appropriate quantitative restrictions.
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.
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 referred to above, but not later than 31 December 1992 in respect of the first and fourth indents and not later than 31 December 1994 in respect of the second and third 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.
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 the provisions of this Directive, with the exception of Article 14 (1):
in respect of the following species:
in respect of other species which are not normally reproduced or marketed in its territory.
Article 24
This Directive is addressed to the Member States.
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:
The minimum distances listed in the table above may be disregarded if there is sufficient protection from any undesirable foreign pollination. |
3. |
The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration In particular, crops of Oryza sativa, Phalaris canariensis, Secale cereale other than hybrids, Sorghum spp. and Zea mays shall conform to the following other standards or conditions:
A.
Oryza sativa: The number of plants which are recognisable as obviously being wild or red-grain plants shall not exceed:
—
0 for the production of basic seed,
—
1 per 100 m2 for the production of certified seed, first and second generation.
B.
Phalaris canariensis, Secale cereale other than hybrids: The number of plant of the crop species, which are recognisable 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,
C.
Sorghum spp.
(a)
The percentage by number of plants of a Sorghum species other than the crop species or plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed:
(aa)
for the production of basic seed
(i)
at flowering: 0,1 %;
(ii)
at maturity: 0,1 %;
(bb)
for the production of certified seed
(i)
plants of the male component which have shed pollen when the plants of the female component have receptive stigmas: 0,1 %;
(ii)
plants of the female component
—
at flowering: 0,3 %;
—
at maturity: 0,1 %;
(b)
The following other standards or conditions shall be satisfied for the production of certified seed of hybrid varieties:
(aa)
sufficient pollen shall be shed by the plants of the male component while the plants of the female component have receptive stigmas;
(bb)
where plants of the female component have receptive stigmas, the percentage of plants of that component which have shed pollen or are shedding pollen shall not exceed 0,1 %;
(c)
Crops of open pollinated varieties or synthetic varieties of Sorghum spp. shall conform to the following standards: the number of plants of the crop species, which are recognisable 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,
D.
Zea mays :
(a)
The percentage by number of plants which are recognisable as obviously not being true to the variety, to the inbred line, or to the component shall not exceed:
(aa)
for the production of basic seed:
(i)
inbred lines, 0,1 %;
(ii)
simple hybrid, each component, 0,1 %;
(iii)
open-pollinated varieties, 0,5 %;
(bb)
for the production of certified seed:
(i)
hybrid varieties component:
—
inbred lines, 0,2 %;
—
simple hybrid, 0,2 %;
—
open-pollinated variety, 1,0 %;
(ii)
open-pollinated varieties, 1,0 %;
(b)
The following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:
(aa)
a sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;
(bb)
where appropriate, emasculation shall be carried out;
(cc)
where 5 % or more of the female component plants have receptive stigmas, the percentage of female component which have shed pollen or are shedding pollen shall not exceed:
—
1 % at any official field inspection, and,
—
2 % at the total of the official field inspections,
Plants are considered as having shed pollen or shedding pollen where, on 50 mm or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen. |
4. |
Hybrids of Secale cereale
(a) The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination.
(b) The crop shall have sufficient identity and purity as regards the characteristics of the components, including male sterility. In particular, the crop shall conform to the following other standards or conditions:
(i)
the number of plants of the crop species, which are recognisable as obviously not being true to the component shall not exceed,
—
one per 30 m2 for the production of basic seed,
—
one per 10 m2 for the production of certified seed, this standard to apply in official field inspections to the female component only;
(ii)
in the case of basic seed, where male sterility is used, the level of sterility of the male-sterile component shall be at least 98 %. (c) Where appropriate, certified seed shall be produced in mixed cultivation of a female male-sterile component with a male component which restores male fertility. |
5. |
►M45 Crops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa, Oryza sativa and self-pollinating xTriticosecale and crops to produce certified seed of hybrids of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidumsubsp. durum, by means of a technique other than Cytoplasmic Male Sterility (‘CMS’) ◄
(a)
The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:
—
the minimum distance of the female component shall be 25 m from any other variety of the same species except from a crop of the male component,
—
this distance can be disregarded if there is sufficient protection from any undesirable foreign pollination;
(b)
The crop shall have sufficient identity and purity as regards the characteristics of the components. Where seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following other standards or conditions:
(i)
the minimum varietal purity of each component shall be:
—
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum and Triticum aestivum subsp. spelta: 99,7 %,
—
self-pollinating xTriticosecale: 99,0 %;
(ii)
the minimum hybridity must be 95 %. The percentage hybridity shall be assessed in accordance with current international methods, in so far as such methods exist. In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during field inspection need not be done. |
5a. |
Crops to produce basic and certified seed of hybrids of Hordeum vulgare by means of the technique of CMS:
(a)
The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:
(b)
The crop shall have sufficient varietal identity and purity as regards the characteristics of the components. In particular the crop shall conform to the following standards:
(i)
The percentage by number of plants which are obviously not being true to type shall not exceed:
—
for the crops used to produce basic seed, 0,1 % for the maintainer and the restorer line and 0,2 % for the CMS female component,
—
for the crops used to produce certified seed, 0,3 % for the restorer and the CMS female component and 0,5 % in case the CMS female component is a single hybrid.
(ii)
The level of male sterility of the female component shall be at least:
—
99,7 % for crops used to produce basic seed,
—
99,5 % for crops used to produce certified seed.
(iii)
The requirements of points (i) and (ii) shall be examined in official post-control test.
(c)
Certified seed may be produced in mixed cultivation of a female male-sterile component with a male component which restores fertility. |
5b. |
Crops to produce basic and certified seed of hybrids of Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum by means of CMS:
(a)
The crop shall conform to the following standards as regards distances from neighboring sources of pollen, which may result in undesirable foreign pollination:
(b)
The crop shall have sufficient varietal identity and purity as regards the characteristics of the components. In particular, the crop shall conform to the following standards:
(i)
The percentage by number of plants, which are obviously not true to type, shall not exceed:
—
for the crops used to produce basic seed, 0,1 % for the maintainer and the restorer line and 0,3 % for the CMS female component;
—
for the crops used to produce certified seed, 0,3 % for the restorer and 0,6 % for the CMS female component and 1 % in case the CMS female component is a single hybrid.
(ii)
The level of male sterility of the female component shall be at least:
—
99,7 % for crops used to produce basic seed;
—
99 % for crops used to produce certified seed.
(iii)
The conformity with the requirements of points (i) and (ii) shall be examined by official post control test.
(c)
Certified seed may be produced in mixed cultivation of a female male-sterile component with a male component, which restores fertility. The responsible certification authority shall report by 28 February of each year to the Commission and the other Member States the results of the preceding year concerning the quantity of produced hybrid seeds, compliance of the field inspections with the respective requirements, the percentage of seed lots, which have been rejected due to insufficient quality parameters, and any further information justifying that rejection This reporting obligation shall be applicable until 28 February 2030. |
6. |
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 crops shall comply with the following requirements as set out in the table:
|
7. |
The satisfaction of the abovementioned other standards or 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. 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.
The number of field inspections shall be at least:
(a)
for Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Phalaris canariensis, xTriticosecale, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta, Secale cereale: one;
(b)
for Sorghum spp. and Zea mays during the flowering season:
(aa)
open-pollinated varieties: one,
(bb)
inbred lines or hybrids: three. When the crop follows a Sorghum spp. and Zea mays crop in either the preceding year or current year, at least one special field inspection shall be made to check the satisfaction of the provisions laid down in point 1 of this Annex.
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. |
8. |
In the case where, following the implementation of points 3 and 7, there is still doubt as to the varietal identity of the seed, the certification authority may use, for the examination of that identity, an internationally recognised and reproducible biochemical or molecular technique, in accordance with the applicable international standards. |
ANNEX II
CONDITIONS TO BE SATISFIED BY THE SEED
1. |
The seed shall have sufficient varietal identity and varietal purity or, in the case of seed of an inbred line, sufficient identity and purity as regards its characteristics. For the seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components. In particular, the seed of the species listed below shall conform to the following other standards or conditions:
A.
Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta other than hybrids in each case:
The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.
B.
Self-pollinating varieties of xTriticosecale other than hybrids
The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.
C.
Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum and self-pollinating xTriticosecale The minimum varietal purity of the seed of the category certified seed shall be 90 %. In case of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum produced by means of CMS, it shall be 85 %. Impurities other than the restorer shall not exceed 2 %. The minimum varietal purity shall be examined in official post control test on an appropriate proportion of samples. The responsible certification authority shall report by 28 February of each year to the Commission and the other Member States the results of the preceding year concerning the quantity of produced hybrid seeds of Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta and Triticum turgidum subsp. durum, and the percentage of seed lots which have been rejected due to insufficient quality parameters, results of the post-control testand any further information justifying that rejection. This reporting obligation shall be applicable until 28 February 2030.
D.
Sorghum spp. and Zea mays: Where for the production of certified seed of hybrid varieties a female male-sterile component and a male component which does not restore male fertility have been used, the seed shall be produced:
—
either by blending seed lots in a proportion appropriate to the variety where, on the one hand, a female male-sterile component has been used and, on the other, a female male-fertile component has been used,
—
or by growing the female male-sterile component and the female male-fertile component in a proportion appropriate to the variety. The proportion of these components shall be examined in field inspections carried out in accordance with the conditions laid down in Annex I.
E.
Hybrids of Secale cereale and CMS-hybrids of Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum aestivum subsp. spelta, Triticum turgidum subsp. durum Seed shall not be certified as certified seed unless due account has been taken of the results of an official post-control test, on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as certified seed to ascertain whether the basic seed met the requirements for basic seed laid down in this Directive in respect of identity and purity as regards the characteristics of the components, including male sterility. |
2. |
The seed shall conform to the following other standards or conditions as regards germination, analytical purity and content of seeds of other plants species::
A.
Table:
B.
Other standards or conditions applicable where reference is made to them in the table under Section 2 (A) of this Annex:
(a)
the maximum contents of seeds laid down in column 4 include also the seeds of the species in columns 5 to 10;
(b)
a second seed shall not be regarded as an impurity if a second sample of same weight is free from any seeds of other cereals species;
(c)
the presence of one seed of Avena fatua, Avena sterilis or Lolium temulentum 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;
(d)
in the case of varieties of Hordeum vulgare (naked barley) the required minimum germination capacity is reduced to 75 % of pure seed. The official label shall include the words ‘Minimum germination capacity 75 %’. |
3. |
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:
|
4. |
The presence of fungus bodies on the seeds and the respective categories shall comply with the following requirements as set out in the table:
|
ANNEX III
LOT AND SAMPLE WEIGHTS
Species |
Maximum weight of a lot (tonnes) |
Minimum weight of a sample to be drawn from a lot (grams) |
Weight of the sample for determinations by number provided for in columns 4 to 10 of Annex II (2) (A) and Annex II (3) (grams) |
1 |
2 |
3 |
4 |
►M46 Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta, Secale cereale, xTriticosecale ◄ |
30 |
1 000 |
500 |
Phalaris canariensis |
10 |
400 |
200 |
Oryza sativa |
30 |
500 |
500 |
►M43 Sorghum bicolor (L.) Moench subsp. bicolor ◄ |
30 |
900 |
900 |
►M43 Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse ◄ |
10 |
250 |
250 |
►M43 Hybrids of Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse ◄ |
30 |
300 |
300 |
Zea mays, basic seed of inbred lines |
40 |
250 |
250 |
Zea mays, basic seed other than of inbred lines; certified seed |
40 |
1 000 |
1 000 |
The maximum lot weight shall not be exceeded by more than 5 %.
ANNEX IV
Label
A. Required information
For basic seed and certified seed:
►M27 EC ◄ rules and standards.
Certification authority and Member State or their initials.
Officially assigned serial number.
Reference number of lot.
Month and year of sealing expressed thus: ‘sealed …’ (month and year),
or
month and year of the last official sampling for the purposes of certification expressed thus: ‘sampled …’ (month and year).
Species, ►M20 indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters ◄ .
►M20 Variety, indicated at least in roman characters ◄ .
Category.
Country of production.
Declared net or gross weight or declared number of ►C4 seeds ◄ .
Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.
In the case of varieties which are hybrids or inbred lines:
Where at least germination has been retested, the words ‘retested … (month and year)’ and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.
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.
For seed mixtures:
Authority responsible for sealing and Member State.
Officially assigned serial number.
Reference number of lot.
Month and year of sealing expressed thus: ‘sealed …’ (year and month).
Species, category, variety, country of production and proportion by weight of each of the components; ►M20 the names of the species and of the varieties shall be indicted at least in roman characters ◄ .
Declared net or gross weight or declared number of ►C4 seeds ◄ .
Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.
Where at least germination of all the components of the mixture has been retested, the words ‘retested … (month and year)’ and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.
‘Marketing permitted exclusively in …’ (Member State concerned).
B. Minimum dimensions
110 mm × 67 mm.
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
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
( 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).