Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants

• Coming into Force: 09 August 2002
• End of Effective Date: 31 December 9999
• ELI: http://data.europa.eu/eli/dir/2002/57/oj
• Published date: 20 July 2002
• Date: 13 June 2002
• 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

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Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants

Official Journal L 193 , 20/07/2002 P. 0074 - 0097

Council Directive 2002/57/EC

of 13 June 2002

on the marketing of seed of oil and fibre plants

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 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants(2) has been frequently and substantially amended(3). For reasons of clarity and rationality the said Directive should be consolidated.

(2) The production of oil and fibre plants occupies an important place in the agriculture of the Community.

(3) Satisfactory results in the cultivation of oil and fibre plants depend to a large extent on the use of appropriate seed.

(4) Greater productivity will be achieved in the cultivation of oil and fibre plants within the Community if for the choice of the varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible. A common catalogue of varieties of agricultural plant species is therefore provided in the Council Directive 2002/53/EC(4).

(5) It is desirable to establish a uniform certification scheme for the Community based on the experience gained in the application of schemes in the Member States and those of the Organisation for Economic Cooperation and Development. In the context of the consolidation of the internal market, the Community scheme should cover the production of seed with a view to marketing and to marketing within the Community, and should offer no possibilities for the Member States to derogate unilaterally from the scheme in a way that would hinder the free movement of seed within the Community.

(6) As a general rule, seed of oil and fibre plants should be allowed to be marketed only if it has been officially examined and certified, in accordance with the rules for certification, as basic seed or certified seed. The choice of the technical terms "basic seed" and "certified seed" is based on already existing international terminology. It should be possible under specific conditions to place on the market bred seed of generations prior to basic seed and seed as grown.

(7) Community rules should not apply to seed shown to be intended for export to third countries.

(8) In order to improve not only the genetic quality of Community seed of oil and fibre plants but also its external characteristics, certain requirements should be laid down as to analytical purity and germination.

(9) In order to ensure the identity of the seed, Community rules on packaging, sampling, sealing and marking must be established. To this end the labels should give the particulars needed both for official verification and for the information of the user and should clearly show the Community nature of the certification of the certified seed of the various categories.

(10) Rules for the marketing of chemically treated seed, seeds suitable for organic growing as well as for the conservation by use in situ of varieties threatened with genetic erosion, should be introduced.

(11) Derogations must be permitted under certain conditions, without prejudice to the provisions of Article 14 of the Treaty. Member States making use of the derogations must mutually assist each other as regards inspection.

(12) In order to ensure that both the requirements as to the quality of the seed and the provisions for ensuring its identity are complied with during marketing, Member States must make provision for appropriate control arrangements.

(13) Seed, satisfying these requirements, should, without prejudice to Article 30 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules.

(14) Subject to certain conditions, seed multiplied in another country from basic seed certified in a Member State should be certified as seed multiplied in that Member State.

(15) Provision should be made for authorising the marketing within the Community of seed of oil and fibre plants, which has been harvested in third countries, only if such seed affords the same assurances as seed officially certified, or officially approved as commercial seed, within the Community and complying with Community rules.

(16) During periods in which there are difficulties in obtaining supplies of certified seed of the various categories, seed of an inferior quality should temporarily be permitted to be marketed, and also seeds of varieties not included either in the common catalogue or in the national catalogue of varieties.

(17) In order to harmonise the technical methods of certification used in the Member States and to enable comparisons to be made between seed certified within the Community and that coming from third countries, Community comparative tests should be established in Member States to permit annual post-control of seed of the various categories of "certified seed".

(18) It is desirable to organise temporary experiments for the purpose of seeking improved alternatives to certain provisions set out in this Directive.

(19) If certain species of seed are not normally reproduced or marketed in the territory of a Member State, provision should be made for release of that Member State, under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, from the obligation to apply this Directive in respect of the species in question.

(20) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).

(21) This Directive must not affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex VI, part B,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to the production with a view to marketing, and to the marketing within the Community, of seed of oil and fibre plants intended for agricultural production but not for ornamental purposes.

It shall not apply to seed of oil and fibre plants which is shown to be intended for export to third countries.

Article 2

1. For the purpose of this Directive:

(a) "marketing": means 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 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 referred to in Article 25(2);

(b) "oil and fibre plants": means plants of the following genera and species:

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(c) "basic seed": (varieties other than hybrids of sunflower) 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 either of the category "certified seed" or of the categories "certified seed, first generation" or "certified seed, second generation" or, where appropriate, "certified seed, third generation";

(iii) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and

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

(d) "basic seed" (hybrids of sunflower): 1. "Basic seed of inbred lines" means seed

(i) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and

(ii) which has been found by official examination to satisfy the abovementioned conditions;

2. "Basic seed of simple hybrids" means seed

(i) which is intended for the production of three-way-cross hybrids or double-cross hybrids;

(ii) which, subject to the provisions of Article 5, satisfies the conditions laid down in Annexes I and II for basic seed; and

(iii) which has been found by official examination to satisfy the abovementioned conditions;

(e) "certified seed": (turnip rape, brown mustard, swede rape, dioecious hemp, safflower, black mustard, caraway, sunflower, opium poppy, white mustard) means seed

(i) which has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed and 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 for purposes other than the production of seed of oil or fibre plants;

(iii) which, subject to the provisions of point (b) of Article 5, satisfies the conditions laid down in Annexes I and II for certified seed...