This Directive 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 under provisions of the Directives concerning respectively the marketing of beet seed (2002/54/EC), fodder plant seed (66/401/EEC), cereal seed (66/402/EEC), seed potatoes (2002/56/EC) and seed of oil and fibre plants (2002/57/EC).
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species
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:
Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural plant species(2) has been frequently and substantially amended(3). For reasons of clarity and rationality the said Directive should be codified.
The production of agricultural seed and young plants occupies an important place in the agriculture of the Community.
For this reason, the Council has adopted Directives concerning respectively the marketing of beet seed (2002/54/EC)(4), fodder plant seed (66/401/EEC)(5), cereal seed(6), seed potatoes (2002/56/EC)(7) and seed of oil and fibre plants (2002/57/EC)(8).
A common catalogue of varieties needs to be compiled. This catalogue can be compiled only on the basis of national catalogues.
All Member States should therefore compile one or more national catalogues of the varieties accepted for certification and marketing in their territory.
These catalogues must be drawn up in accordance with uniform rules so that the varieties accepted will be distinct, stable and sufficiently uniform and that they will be of satisfactory value for cultivation and use.
It is appropriate to take into consideration internationally established rules for certain provisions relating to the acceptance of varieties at national level.
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.
Provisions relating to the length of time during which acceptance of a variety is to remain valid, to the grounds on which acceptance may be revoked and to practices for maintenance of the variety must be standardized and the Member States should inform one another of the acceptance and withdrawal of varieties.
It is desirable to adopt rules in relation to the suitability of varietal denominations and the exchange of information between Member States.
Seed covered by this Directive should be freely marketable within the Community once it has been published in the common catalogue.
However, Member States should be given the right to express by means of a special procedure any objections which they may have to a variety.
The Commission should publish in the Official Journal of the European Communities, C Series, the varieties which are being added to the common catalogue of varieties of agricultural plant species.
Provision should be made for measures recognizing the equivalence of examinations and checks of varieties carried out in third countries.
Community rules should not apply to varieties the seed or propagating material of which is shown to be intended for export to third countries.
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(9) 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 established.
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(10). 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 established.
In the light of scientific and technical developments, rules under which chemically treated seed and propagating material may be marketed should be introduced.
It is essential to ensure that plant genetic resources are conserved. Conditions to that end should be introduced to permit, within the framework of legislation on the seed trade, the conservation, by use in situ of varieties threatened with genetic erosion.
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(11).
This Directive should not affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex I, Part B.
HAS ADOPTED THIS DIRECTIVE:
Article 1
1.
2.
The common catalogue of varieties shall be compiled on the basis of the national catalogues of the Member States.
3.
This Directive shall not apply to varieties, the seed or propagating material of which are shown to be, intended for export to third countries.
Article 2
For the purposes of this Directive ‘official measures’ means measures taken:
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by State authorities; or
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by any legal person whether governed by public or by private law, acting under the responsibility of the State; or
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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 (b) and (c) derive no private gain from such measures.
Article 3
1.
Each Member States shall establish one or more catalogues of the varieties officially accepted for certification and marketing in its territory. Any person may consult the catalogues.
2.
In the case of varieties (inbred lines, hybrids) which are intended solely as components for final varieties, the provisions of paragraph 1 apply only to the extent that the seeds which belong to them are to be marketed under their names.
The conditions under which the provisions of paragraph 1 shall also apply to other component varieties may be determined in accordance with the procedure referred to in Article 23(2). In the meantime, in the case of cereals other than maize, Member States may themselves apply those provisions to other component varieties in respect of seed intended for certification in their territories.
Component varieties shall be indicated as such.
3.
Member States may provide that the acceptance of a variety for inclusion in the common catalogue or in the catalogue of another Member State is equivalent to acceptance for inclusion in their own catalogues. If such provision is made, the Member State shall be released from the obligations provided in Article 7, Article 9(4) and Article 10(2) to (5).
Article 4
1.
Member States shall ensure that a variety is accepted only if it is distinct, stable and sufficiently uniform. The variety must be of satisfactory value for cultivation and use.
2.
Examination of the value for cultivation and use shall not be required:
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for the acceptance of varieties of grasses if the breeder declares that the seed of his variety is not intended for the production of fodder plants;
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for the acceptance of varieties whose seed is to be marketed in another Member State which has already accepted the varieties, having regard to their value for cultivation and use;
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for the acceptance of varieties (inbred lines, hybrids) which are intended solely as components for hybrid varieties satisfying the requirements of paragraph 1.
3.
In the case of varieties to which point (a) of paragraph 2 applies, it may be decided, in accordance with the procedure referred to in Article 23(2), and to the extent that this is justified in the interest of free circulation of seed within the Community, that the varieties have to be shown by appropriate examination to be suitable for the purpose for which they are declared to be intended. In such cases, the conditions for the examination shall be determined.
4.
In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Directive 90/220/EEC, the variety shall be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.
5.
Further, when material derived from a plant variety is intended to be used in food falling within the scope of Article 3, or in feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(12), the variety shall be accepted only if it has been approved in accordance with that Regulation.
6.
In the interest of conserving plant genetic resources as specified in Article 20(2), the Member States may depart from the acceptance criteria set out in the first sentence of paragraph 1 in so far as specific conditions are established in accordance with the procedure referred to in Article 23(2) considering the requirements of Article 20(3)(a) and (b).