Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed

Extract

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Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed

COUNCIL DIRECTIVE 2002/55/EC of 13 June 2002 on the marketing of vegetable seed THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1 ),

Having consulted the Economic and Social Committee,

Whereas:

(1) Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (2 ) has been frequently and substantially amended (3 ). For reasons of clarity and rationality the said Directive should be codified.

(2) The production of vegetable seed occupies an important place in the agriculture of the Community.

(3) Satisfactory results in vegetable cultivation depend to a large extent on the use of appropriate seed.

(4) Greater productivity will be achieved in Community vegetable cultivation if for the choice of varieties accepted for marketing the Member States apply uniform rules which are as strict as possible.

(5) A common catalogue of varieties of vegetable species should be compiled. This catalogue can be compiled only on the basis of national catalogues.

(6) All Member States should therefore compile one or more national catalogues of the varieties accepted for certification, checking and marketing in their territory.

(7) These catalogues must be drawn up in accordance with uniform rules so that the varieties accepted will be distinct, stable and sufficiently uniform.

(8) Rules established at international level should be taken into account for certain provisions relating to the approval of varieties at national level.

(9) In order to carry out the examinations for the acceptance of a variety, a large number of uniform criteria and minimum requirements must be laid down.

(10) Provisions relating to the length of time during which acceptance of a variety is to remain valid, the grounds on which acceptance may be revoked and the practices for maintenance of the variety must be standardized.

Member States should inform one another of the acceptance and withdrawal of varieties.

(11) It is desirable to adopt rules in relation to the suitability of varietal denominations and for the exchange of information between the Member States.

(12) Seed of varieties listed in the common catalogue of varieties should not be subject within the Community to any marketing restrictions relating to variety.

(13) Furthermore, Member States should be given the right to raise objections to a variety.

(14) The Commission should publish in the Official Journal of the European Communities, C Series the varieties accepted in the common catalogue.

(15) Provision should be made for measures recognising the equivalence of examinations and controls of varieties carried out in third countries.

(16) In the light of scientific and technical developments, it is now possible to breed varieties through genetic modification. Therefore, when determining whether to accept genetically modified varieties within the meaning of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (4 ) Member States should have regard to any risk related to their deliberate release into the environment. Furthermore, conditions under which such genetically modified varieties are accepted should be introduced.

(1 ) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).

(2) OJ L 225, 12.10.1970. p. 7. Directive as last amended by Directive 98/96/EC (OJ L 25, 1.2. 1999, p. 27).

(3 ) See Annex VI, part A.

(4) OJ L 117, 8.5.1990, p. 15. Directive repealed by Directive 2001/18/EC of the European Parliament and of the Council (OJ L 106, 17.4.2001, p. 1).

20.7.2002 L 193/33Official Journal of the European CommunitiesEN

(17) The marketing of novel foods and novel food ingredients is regulated at Community level by Regulation (EC) No 258/97 of the European Parliament and of the Council (1 ). Therefore, it is appropriate for Member States also to have regard to any food health risks when determining whether to accept varieties.

Furthermore, conditions under which these varieties are accepted should be introduced.

(18) In the light of scientific and technical developments, rules in relation to the admission of chemically treated see...

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