Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed

• Published date: 20 July 2002
• Subject Matter: sementi e piante,ravvicinamento delle legislazioni,semillas y plantas,aproximación de las legislaciones,semences et plants,rapprochement des législations
• Official Gazette Publication: Gazzetta ufficiale delle Comunità europee, L 193, 20 luglio 2002,Diario Oficial de las Comunidades Europeas, L 193, 20 de julio de 2002,Journal officiel des Communautés européennes, L 193, 20 juillet 2002

02002L0055 — EN — 01.09.2022 — 010.001

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►B COUNCIL DIRECTIVE 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193 20.7.2002, p. 33)

Amended by:

		Official Journal
		No	page	date
►M1	COUNCIL DIRECTIVE 2003/61/EC of 18 June 2003	L 165	23	3.7.2003
►M2	REGULATION (EC) No 1829/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003	L 268	1	18.10.2003
►M3	COUNCIL DIRECTIVE 2004/117/EC of 22 December 2004	L 14	18	18.1.2005
►M4	COMMISSION DIRECTIVE 2006/124/EC of 5 December 2006	L 339	12	6.12.2006
►M5	COMMISSION DIRECTIVE 2009/74/EC of 26 June 2009	L 166	40	27.6.2009
►M6	COMMISSION IMPLEMENTING DIRECTIVE 2013/45/EU of 7 August 2013	L 213	20	8.8.2013
►M7	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2016/317 of 3 March 2016	L 60	72	5.3.2016
►M8	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2019/990 of 17 June 2019	L 160	14	18.6.2019
►M9	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2020/177 of 11 February 2020	L 41	1	13.2.2020
►M10	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2020/432 of 23 March 2020	L 88	3	24.3.2020
►M11	COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/971 of 16 June 2021	L 214	62	17.6.2021

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▼B

COUNCIL DIRECTIVE 2002/55/EC

of 13 June 2002

on the marketing of vegetable seed

Article 1

This Directive shall apply to the production with a view to marketing, and to the marketing, of vegetable seed within the Community.

It shall not apply to vegetable seed shown to be intended for export to third countries.

Article 2

1.

For the purpose of this Directive:

(a) ‘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 to official testing and inspection bodies, — the supply of seed to providers of services for processing or packaging, provided the provider of services does not acquire title to seed thus supplied. 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 no 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 referred to in Article 46(2);

▼M10

(b) ‘vegetables’ : means plants of following species intended for agricultural or horticultural production, but not for ornamental uses. Allium cepa L. — Cepa Group (Onion, Echalion) — Aggregatum Group (Shallot) Allium fistulosum L. (Japanese bunching onion or Welsh onion) — all varieties Allium porrum L. (Leek) — all varieties Allium sativum L. (Garlic) — all varieties Allium schoenoprasum L. (Chives) — all varieties Anthriscus cerefolium (L.) Hoffm. (Chervil) — all varieties Apium graveolens L. — Celery Group — Celeriac Group Asparagus officinalis L. (Asparagus) — all varieties Beta vulgaris L. — Garden Beet Group (Beetroot including Cheltenham beet) — Leaf Beet Group (Spinach beet or Chard) Brassica oleracea L. — Kale Group — Cauliflower Group — Capitata Group (Red cabbage and White cabbage) — Brussel Sprouts Group — Kohlrabi Group — Savoy Cabbage Group — Broccoli Group (calabrese type and sprouting type) — Palm Kale Group — Tronchuda Group (Portuguese cabbage) Brassica rapa L. — Chinese Cabbage Group — Vegetable Turnip Group Capsicum annuum L. (Chili or Pepper) — all varieties Cichorium endivia L. (Endive) — all varieties Cichorium intybus L. — Witloof Chicory Group — Leaf Chicory Group (Large-leaved chicory or Italian chicory) — Industrial (Root) Chicory Group Citrullus lanatus (Thunb.) Matsum. et Nakai (Watermelon) — all varieties Cucumis melo L. (Melon) — all varieties Cucumis sativus L. — Cucumber Group — Gherkin Group Cucurbita maxima Duchesne (Gourd) — all varieties Cucurbita pepo L. (Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash) — all varieties Cynara cardunculus L. — Globe Artichoke Group — Cardoon Group Daucus carota L. (Carrot and Fodder Carrot) — all varieties Foeniculum vulgare Mill. (Fennel) — Azoricum Group Lactuca sativa L. (Lettuce) — all varieties Solanum lycopersicum L. (Tomato) — all varieties Petroselinum crispum (Mill.) Nyman ex A. W. Hill — Leaf Parsley Group — Root Parsley Group Phaseolus coccineus L. (Runner bean) — all varieties Phaseolus vulgaris L. — Dwarf French Bean Group — Climbing French Bean Group Pisum sativum L. — Round Pea Group — Wrinkled Pea Group — Sugar Pea Group Raphanus sativus L. — Radish Group — Black Radish Group Rheum rhabarbarum L. (Rhubarb) — all varieties Scorzonera hispanica L. (Scorzonera or Black salsify) — all varieties Solanum melongena L. (Aubergine or Eggplant) — all varieties Spinacia oleracea L. (Spinach) — all varieties Valerianella locusta (L.) Laterr. (Corn salad or Lamb’s lettuce) — all varieties Vicia faba L. (Broad bean) — all varieties Zea mays L. — Sweet Corn Group — Popcorn Group All hybrids of the species and Groups listed above.

▼B

(c) ‘basic seed’ : means seed (i) which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety; (ii) which is intended for the production of seed of the category ‘certified seed’; (iii) which, subject to the provisions of Article 22, satisfies the conditions laid down in Annexes I and II for basic seed; and ▼M3 (iv) which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or examination carried out under official supervision to satisfy the conditions set out in (i), (ii) and (iii); ▼B

(d) ‘certified seed’ : means seed (i) which is 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; (ii) which is intended mainly for the production of vegetables; (iii) which, subject to the provisions of point (b) of Article 22, satisfies the conditions laid down in Annexes I and II for certified seed; ▼M3 (iv) which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (i), (ii) and (iii); ▼B (v) which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

(e) ‘standard seed’ : means seed (i) which has sufficient varietal identity and varietal purity; (ii) which is intended mainly for the production of vegetables; (iii) which satisfies the conditions laid down in Annex II; and (iv) which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

(f) ‘official measures’ : means measures taken (i) by State authorities; or (ii) by any legal person whether governed by public or by private law, acting under the responsibility of the State; or (iii) in the case of ancillary activities which are also under State control, by any natural person duly sworn for that purpose; provided that the persons mentioned under (ii) and (iii) derive no private gain from such measures;

(g) ‘EC small packages’ : means packages containing seed up to a maximum net weight of (i) 5 kg for legumes; (ii) 500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce; (iii) 100 g for all other species of vegetable.

2.

Amendments to be made to the list of species referred to in paragraph 1(b) shall be adopted in accordance with the procedures referred to in Article 46(2).

3.

The different types of varieties, including the components, may be specified and defined in accordance with the procedure laid down in Article 46(2).

▼M3

4.

When the examinations under official supervision referred to in paragraph (1)(c)(iv) and (1)(d)(iv) are carried out, the following requirements shall be complied with:

A.

Field inspection

(a)

The inspectors shall:

(i)

have the necessary...