Marketing of seeds of agricultural crops

SUMMARY OF:

Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species

Directive 66/401/EEC on the marketing of fodder plant seed

Directive 66/402/EEC on the marketing of cereal seed

Directive 2002/57/EC on the marketing of seed of oil and fibre plants

Directive 2002/56/EC on the marketing of seed potatoes

Directive 2002/54/EC on the marketing of beet seed

WHAT IS THE AIM OF THE DIRECTIVES?

Directive 2002/53/EC concerns the acceptance for inclusion in a Common catalogue of varieties of agricultural plant species of those varieties of beet, fodder plant, cereal, potato and oil and fibre plant, the seed of which may be marketed throughout the European Union (EU).

The following directives set out rules for the registration of seed varieties and for the production and certification of seeds of various key species (EU regulated species) before they are permitted to be marketed in the EU.

• Directive 66/401/EEC — fodder plant seed.
• Directive 66/402/EEC — cereal seed.
• Directive 2002/57/EC — seed of oil and fibre plants.
• Directive 2002/56/EC — seed potatoes.
• Directive 2002/54/EC — beet seed.

KEY POINTS

Directive 2002/53/EC lays down the rules for including agricultural plant species in the EU common catalogue.

• The EU common catalogue, which is compiled on the basis of notifications of changes in the EU countries’ national catalogues, lists the varieties which can be marketed throughout the EU.
• The common catalogue is published in the Official Journal of the European Union (OJ).

• For inclusion in their national catalogue, EU countries must ensure that a variety is accepted only if it is the following.
  • Distinct (D): the variety is clearly distinguishable from any other variety known in the EU, and is capable of precise recognition and definition.
  • Uniform (U): apart from very few aberrations, the plants are similar or genetically identical. and
  • Stable (S): after successive propagations, the plant remains true to the description of its essential characteristics.
• The variety needs to be tested in the field to fulfil the criteria on DUS and must be of satisfactory value for cultivation and use.
• Variety registration is valid for 10 years but may be revoked if, on examination, the variety no longer meets these criteria. Varieties coming from other EU countries are subject to the same requirements as those applying to domestic varieties.
• EU countries must require that the 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 exact and reliable. To establish distinctness, the growing trials must include at least the available comparable varieties which are varieties known in the EU.
• Genetically modified varieties that have been accepted under Directive 2001/18/EC (see summary) must be indicated as such.
• For each newly accepted variety, EU countries must send a brief description to the other EU countries and to the European Commission of the variety’s most important characteristics for use.

Fodder plant seed (Directive 66/401/EEC)

This directive covers various grasses, legumes, clover, vetch, swede and kale, as identified in the legislation. Seeds may not be placed on the market unless they have been officially certified or certified under official supervision as pre-basic seeds (the generation before basic seeds), basic seeds or certified seeds (see Article 2 of the directive, where these categories are defined). Some plant species can, under certain conditions, also be marketed as commercial seeds. This does not apply to fodder plant seeds intended for export to non-EU countries.

The seeds must conform to standards regarding identity, health and quality (germination, analytical purity and content of seeds of other plant species).

Cereal seed (Directive 66/402/EEC)

Cereal seeds may not be placed on the market unless they have been officially certified or certified under official supervision as pre-basic seeds, basic seeds or certified seeds (either first or second generation) and satisfy the other general conditions.

Seeds must meet criteria such as identity, health and quality (minimum germination, minimum analytical purity and maximum content by number of seeds of other plant species, including red seeds of rice and the presence of fungus in samples).

Seed of oil and fibre plants (Directive 2002/57/EC)

This covers seeds for agricultural production but not for ornamental purposes. Only seeds officially certified or certified under official supervision as pre-basic seeds, basic seeds, certified seeds or commercial seeds (see Article 2 of the directive, where these categories are defined) may be marketed, with the exception of turnip, colza, cannabis, caraway, cotton, safflower, sunflower, flax and linseed, which cannot be marketed as commercial seeds.

Seeds must meet criteria such as identity, health and quality.

Seed potatoes (Directive 2002/56/EC)

EU countries can only market seed potatoes that fulfil the criteria in this directive. Seed potatoes are officially certified as basic seed potatoes or certified seed potatoes satisfying minimum conditions for each category (see Article 2 of the directive, where these categories are defined) during plant inspections.

Seed potatoes on the market should:

• meet minimum quality conditions such as freedom from blackleg and virus infection;
• be within specific limits for certain impurities, blemishes and diseases allowed in seed potato lots, including earth and extraneous matter;
• be within tolerance levels, such as for rot, blemishes and scab;
• not be treated with sprout inhibitors;
• have a minimum size such that they do not pass through a square mesh of 25 × 25 mm;
• not vary in size, within a lot, beyond a set formula.

There should be no more than four generations of basic potatoes and two generations of certified seed potatoes.

Beet (Directive 2002/54/EC)

This refers to sugar and fodder beet of the species Beta vulgaris L.

Beet seeds must generally not be placed on the market unless officially certified or certified under official supervision as pre-basic seeds, basic seeds or certified seeds (see Article 2 of the directive, where these categories are defined), and must comply with rules on identity, health and quality.

Monogerm seeds and multigerm seeds (see Article 2 of the directive, where these categories are defined) must satisfy requirements on identity, health and quality (analytical purity, minimum germination and maximum moisture content rules (for both sugar beet and fodder beet)). Monogerm seeds and precision seeds must also meet targets for the proportion of single seedlings they produce.

Monogerm seeds and precision seeds must be labelled as such.

Repealed legislation

• Directive 2002/53/EC repealed and codified Directive 70/457/EEC on the common catalogue of varieties of agricultural plant species.
• Directive 2002/54/EC repealed Directive 66/400/EEC on the marketing of beet seed.
• Directive 2002/56/EC repealed Directive 66/403/EEC on the marketing of seed potatoes.
• Directive 2002/57/EC repealed Directive 69/208/EEC on the marketing of seed of oil and fibre plants.

FROM WHEN DO THE DIRECTIVES APPLY?

They have applied since 9 August 2002, except for Directive 66/401/EEC and Directive 66/402/EEC, which have applied since 15 June 1966.

BACKGROUND

Various implementing acts have been adopted in respect of each of the six directives, and are listed on the European Commission page on specific legislation concerning plant reproductive material.

For further information see also:

• Plant reproductive material (European Commission)
• EU marketing requirements (European Commission).

MAIN DOCUMENTS

Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, pp. 1-11)

Successive amendments to Directive 2002/53/EC have been incorporated into the original text. This consolidated version is of documentary value only.

Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (codified version) (OJ 125, 11.7.1966, pp. 2298-2308)

See consolidated version.

Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (codified version) (OJ 125, 11.7.1966, pp. 2309-2319)

See consolidated version.

Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, pp. 74-97)

See consolidated version.

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, pp. 60-73)

See consolidated version.

Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, pp. 12-32)

See consolidated version.

RELATED DOCUMENTS

Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, pp. 33-59)

See consolidated version.

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, pp. 1-112)

See consolidated version.

last update 18.02.2021