31974Y0608(03)

Council Directive of 14 June 1966 on the marketing of cereal seed

Council Directive No 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ No 125, 11.7.1966, p. 2309/66) and the amendments arising out of the Acts set out below: 1. Directive No 69/60/EEC (OJ No L 48, 26.2.1969, p. 1);

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

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

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

5. 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);

6. 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 14 June 1966 on the marketing of cereal seed (66/402/EEC)

Article 1

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

Article 2 (1) (2) (4) (6)

1. For the purposes of this Directive, the following definitions shall apply: A. Cereals : plants of the following species intended for agricultural or horticultural production other than production for ornamental purposes: >PIC FILE= "T0012378">

B. Varieties, hybrids and inbred lines of maize: (a) Open-pollinated variety : a sufficiently uniform and stable variety;

(b) 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;

(c) Simple hybrid : the first generation of a cross, defined by the breeder, between two inbred lines;

(d) Double hybrid : the first generation of a cross, defined by the breeder, between two simple hybrids;

(e) Tripe-cross hybrid : the first generation of a cross, defined by the breeder, between an inbred line and a simple hybrid;

(f) 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;

(g) Intervarietal hybrid : the first generation of a cross, defined by the breeder, between plants grown from basic seed of two open-pollinated varieties.

C. Basic seed (oats, barley, rice, wheat, spelt, rye, canary grass) : 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 either of the category "certified seed" or of the categories "certified seed, first generation" or "certified seed, second generation";

(c) which, subject to the provisions of Article 4 (1) (a), 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.

D. Basic seed (maize): 1. Basic seed of open-pollinated varieties : 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 this variety of the category "certified seed" or of Top Cross hybrids or of intervarietal hybrids;

(c) which, subject to the provisions of Article 4, 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.

2. Basic seed of inbred lines : seed (a) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed ; and

(b) which has been found by official examination to satisfy the abovementioned conditions.

3. Basic seed of simple hybrids : seed (a) which is intended for the production of double hybrids, triple-cross hybrids or top cross hybrids;

(b) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed ; and

(c) which has been found by official examination to satisfy the abovementioned conditions.

E. Certified seed (rye, maize, canary grass) : seed (a) which is of direct descent 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 for purposes other than the production of cereal seed;

(c) 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

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

F. Certified seed of the first generation (oats, barley, rice, wheat, spelt) : 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 has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

(b) 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;

(c) which satisfies the conditions laid down in Annexes I and II for certified seed of the first generation ; and

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

G. Certified seed of the second generation (oats, barley, rice, wheat, spelt) : seed (a) which 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;

(b) which is intended for purposes other than the production of cereal seed;

(c) which satisfies the conditions laid down in Annexes I and II for certified seed of the second generation ; and

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

H. 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 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.

2. Member States may: (a) include several generations in the basic seed category and subdivide this category by generation;

(b) 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,

(c) 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 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 ; this provision shall apply correspondingly to the certified seed of the first generation referred to in paragraph 1 (G) (1),

(d) be authorized, on request and according to the procedure laid down in Article 21, to officially certified seed of autogamous species of the categories "certified seed, first generation" or "certified seed, second generation" until 31 December 1978 at the latest - when, instead of the official field inspection prescribed in Annex I, a field inspection, officially controlled by spot-checks on at least 20 % of the crops of each species, is carried out;

- provided that, in addition to the basic seed, at least the two generations of pre-basic seed immediately preceding that category, have been found by an official examination carried out in the Member State concerned, to satisfy the conditions laid down in Annexes I and II as to the varietal identity and varietal purity of basic seed.

Article 3

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

2. The Member States shall, for the purposes of certification and marketing, fix the maximum moisture content of basic seed and certified seed of all kinds.

3. The Member States shall ensure that the official examinations of seed 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 paragraphs 1 and 2: (a) for bred seed of generations prior to basic seed;

(b) for tests or for scientific purposes;

(c) for selection work;

(d) for seed as grown, marketed for processing, provided that the identity of the seed is ensured.

Article 4 (1)

1. Member States may, however, by way of derogation from the provisions of Article 3: (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 ; 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;

(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 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.

2. In the case of maize seed, Member States may reduce to 85 % the minimum germination required under Annex II.

Article 5

Member States may, as regards the conditions laid down in Annexes I and II, impose additional or more (1)Provisions identical in substance to those of Article 2 (2) (c) shall apply to the new Member States up to 30 June 1976.

stringent requirements for the certification of seed produced in their own territory.

Article 6 (2)

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

1. The Member States shall require that, for the control procedures of varieties and inbred lines of maize and for the examination of seed for certification, samples are drawn officially in accordance with appropriate methods.

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

Article 8 (1)

1. The Member States shall require that basic seed and certified seed of all kinds be marketed only in sufficiently homogeneous lots and in sealed packages bearing, as prescribed in Articles 9 and 10, 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.

Article 9 (1)

1. The Member States shall require that packages of basic seed and certified seed of all categories 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 10 (1).

Article 10 (1) (2) (4)

1. The Member States shall require that packages of basic seed and certified seed of all kinds: (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 ; it shall be attached with the official sealing device ; the colour of the label shall be white for basic seed, blue for certified seed and certified seed of the first generation and red for certified seed of the second generation ; the use of adhesive labels shall be authorized ; these may be used as official sealing device ; for marketing in other Member States the label shall bear the date of the official sealing ; if, as envisaged in 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;

(b) contain an official document, in the same colour as the label, giving the same information as that required under Annex IV (A) (a) (3), (4) and (5) for the label ; 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).

2. Member States may: (a) require that in all cases the date of the official sealing be stated on the label;

(b) provide in the case of small packages for derogations from the provisions of paragraph 1.

Article 11 (6)

This Directive shall not affect the right of Member States to require that, in cases other than those provided for in Article 4, containers of basic seed or certified seed of all kinds, whether the seed has been produced in their own territory or imported, must, if the seed is to be marketed within their territory, bear a supplier's label or that seed lots complying with the special conditions concerning the presence of Avena fatua laid down according to the procedure provided for in Article 21, shall be accompanied by an official certificate attesting compliance with these conditions.

Article 12

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

Article 13

1. Member States may authorize the marketing of cereal seed in the form of mixtures of seed of various species, provided that the components of the mixture complied, before mixing, with the marketing rules applicable to them.

2. The provisions of Articles 8, 9 and 11 shall apply, as shall also those of Article 10, except that for mixtures the label used shall be green.

Article 14 (4) (5)

1. The Member States shall ensure that basic seed and certified seed of all categories which have been officially certified and whose packages have been officially 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.

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

2. Member States may: (a) restrict the marketing of certified seed of oats, barley, rice, wheat or spelt to that of the first generation;

(b) until such time, which should not be later than 1 January 1970, as a common catalogue of varieties can be introduced, restrict the marketing of cereal seed to those varieties which are entered in a national list based on value for cropping and use in their territory ; the conditions for inclusion in this list shall be the same for varieties coming from other Member States as for domestic varieties.

3. Those Member States which have provided for exemptions in accordance with the provisions of Article 3 (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 for the certification of 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 categories "certified seed" or "certified seed of the first generation".

The label shall be white with a diagonal violet line.

Article 15 (1)

1. The Member States shall provide that cereal seed produced directly from basic seed or from certified seed of the first generation 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 or the certified seed of the first generation if that seed has undergone field inspection satisfying the conditions laid down in Annex I 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 has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed.

Article 16 (3) (6)

1. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether: (a) in the case provided for in Article 15, the field inspections in the third country satisfy the conditions laid down in Annex I;

(b) cereal grain 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 basic seed, certified seed or certified seed of the first or second generation harvested within the Community and complying with the provisions of this Directive.

2. 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.

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 and administrative provisions necessary to comply with this Directive.

Article 17 (1) (4)

1. In order to remove any temporary difficulties in the general supply of basic seed or certified seed of any categories 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 21, to permit, for a specified period, the marketing of seed of a category subject to less stringent requirements, or of seed varieties not included in the "Common Catalogue of Varieties of Agricultural Plant Species" or in their national catalogues of varieties.

2. For a category of seed of any given variety or inbred line, the official 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 18

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

Article 19 (4)

1. The Member States shall make suitable arrangements for cereal seed to be officially controlled during marketing, 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 21.

Article 20 (2)

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 or synthetic varieties, and of certified seed of all categories of cereal, 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 21.

2. These comparative tests shall, during a first stage, be used to harmonize the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the comparative tests and sent in confidence to the Member States and to the Commission. The Commission, acting in accordance with the procedure laid down in Article 21, shall set the date for the first report.

3. The Commission, acting in accordance with the procedure laid down in Article 21, shall make the necessary arrangements for the comparative tests to be carried out. Cereal seed harvested in third countries may be included in the comparative tests.

Article 21 (5)

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") set up by the Council Decision of 14 June 1966.

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 the 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 delivered 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 21a (6)

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

Article 22

Save as otherwise provided in Annex II (2) 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 23 (a)

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.

Article 23a (1)

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

Article 24

This Directive is addressed to the Member States.

(a)1 July 1968 and 1 July 1969 were the dates fixed in Directive No 66/402/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: >PIC FILE= "T0012379">

New Member States:

5. The legislative, regulatory and administrative provisions, amended in accordance with the Directive in question shall be applicable: - from 1 July 1973, as regards the provisions necessary to comply with the provisions of Article 14 (1);

- from 1 July 1974 at the latest as to the provisions relating to basic seed;

- from 1 July 1976, as regards the remaining provisions.

Member States of the enlarged Community: >PIC FILE= "T0012380">

ANNEX I (1) CONDITIONS FOR CROP CERTIFICATION

1. The crop shall have sufficient identity and varietal purity. This condition shall apply to inbred lines of maize correspondingly.

2. At least the following number of official field inspections shall be made: >PIC FILE= "T0012381">

3. The cultural condition of the field and the stage of development of the crop shall be such as to permit an adequate check of identity and varietal purity, of health status and, in the case of maize, of the identity and purity of inbred lines and of emasculation of the production of seed of hybrid varieties.

4. For rye, canary grass and maize, the minimum distances from neighbouring crops of other varieties or inbred lines of the same species and from crops of the same variety or inbred lines which do not comply with the conditions for purity for the production of seed of the same category shall be: >PIC FILE= "T0012382">

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

5. Diseases which reduce the usefulness of the seed, in particular Ustilagineae, shall be at the lowest possible level.

6. Special conditions for maize: A. >PIC FILE= "T0012383">

B. With regard to emasculation for the production of seed of hybrid varieties, the percentage of plants of the female parent ascertained to have emitted pollen shall not exceed 1 at any one official field inspection and shall not exceed 2 in all the official field inspections carried out.

C. In the production of seed of hybrid varieties, all parent plants shall flower sufficiently simultaneously.

ANNEX II (6) CONDITIONS TO BE SATISFIED BY THE SEED

1. The seed shall have sufficient identity and varietal purity. This condition shall apply to inbred lines of maize correspondingly.

2. Diseases which reduce the usefulness of the seed shall be of the lowest possible level. In the case of basic seed, one fragment of Claviceps purpurea per 500 grammes shall be tolerated, and in the case of certified seed, three pieces or fragments of Claviceps purpurea per 500 grammes shall be tolerated.

>PIC FILE= "T0012384"> >PIC FILE= "T0012385"> B. Satisfaction of the conditions in respect of minimum varietal purity shall be checked mainly in the field.

C. Special conditions in respect of the maximum content of seeds of the species Avena fatua, Avena sterilis, Avena ludoviciana and Lolium temulentum:

The presence of one seed of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum in 500-gramme sample shall not be regarded as an impurity if a second sample is free from Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum.

D. Special conditions in respect of the maximum content of seeds of other cereal species:

Where the maximum content is fixed in subparagraph A at 1 seed, a second seed shall not be regarded as an impurity if a second 500-gramme sample is free from seeds of other cereal species.

ANNEX III

>PIC FILE= "T0012386">

ANNEX IV (1)(4) LABEL

A. Required information: (a) For basic seed and certified seed: 1. "EEC rules and standards".

2. Certification authority and Member State or their initials.

3. Reference number of lot.

4. Species.

5. Variety or inbred line of maize.

6. Category.

7. Country of production.

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

9. In the case of hybrid varieties of maize : the word "hybrid".

(b) For seed mixtures: 1. "Mixture ... (species)"

2. Authority responsible for sealing and Member State.

3. Reference number of lot.

4. Species, category, variety, country of production and proportion by weight of each of the components.

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

B. Minimum dimensions:

110 × 67 mm.