This Directive shall apply to the production with a view to marketing, and to the marketing, of vegetable seed within the Community.
Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable 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:
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.
The production of vegetable seed occupies an important place in the agriculture of the Community.
Satisfactory results in vegetable cultivation depend to a large extent on the use of appropriate seed.
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.
A common catalogue of varieties of vegetable species should 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, checking 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.
Rules established at international level should be taken into account for certain provisions relating to the approval 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, 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.
It is desirable to adopt rules in relation to the suitability of varietal denominations and for the exchange of information between the Member States.
Seed of varieties listed in the common catalogue of varieties should not be subject within the Community to any marketing restrictions relating to variety.
Furthermore, Member States should be given the right to raise objections to a variety.
The Commission should publish in the Official Journal of the European Communities, C Series the varieties accepted in the common catalogue.
Provision should be made for measures recognising the equivalence of examinations and controls of varieties carried out in 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(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.
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(5). 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.
In the light of scientific and technical developments, rules in relation to the admission of chemically treated seed and propagating material should be introduced.
As a general rule, vegetable seed 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. It should be possible under specified conditions to place on the market bred seed of generations prior to basic seed and seed as grown.
For certain species of vegetable, it is impossible to restrict marketing to certified seed. The marketing of checked standard seed which must also possess varietal identity and purity should therefore be allowed, these characteristics being subject, however, only to official post-control carried out in the field by sampling.
In order to improve the quality of Community vegetable seed, certain requirements must be laid down as to minimum analytical purity and germination.
In order to ensure the identity of the seed, Community rules on packaging, sampling, sealing and marking should be laid down. It is desirable that provision also be made for official pre-control of certified seed, and that the obligations should be laid down which are to be fulfilled by the person marketing standard seed and certified seed made up in small packages.
Rules for the marketing of chemically treated seed, seeds suitable for organic growing as well as the conservation by use, in situ, of varieties threatened with genetic erosion should be introduced.
Derogations should be permitted under certain conditions, without prejudice to the provisions of Article 14 of the Treaty. Member States making use of derogations should assist each other administratively as regards inspection.
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, the Member States must take provision for appropriate control arrangements.
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.
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.
Provision should be made for authorising the marketing within the Community of vegetable seed harvested in third countries only if such seed affords the same assurances as seed officially certified or marketed as standard seed within the Community and complying with Community rules.
During periods in which there are difficulties in obtaining supplies of certified seed of the various categories or of standard seed, seed of a category subject to less strict requirements should temporarily be permitted to be marketed, but also seeds of varieties not included in the common catalogue of varieties or in the national catalogue of varieties.
In order to harmonise the technical methods of certification and control 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 certain varieties of the category ‘basic seed’ and of seed of the categories ‘certified seed’ and ‘standard seed’.
Community rules should not apply to seed shown to be intended for export to third countries.
This Directive should include certain species which may be fodder plants or oil plants as well as vegetables. If, however, 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 from the obligation to apply this Directive in respect of the species in question.
It is desirable to organise temporary experiments for the purpose of seeking improved alternatives to certain provisions set out in this Directive.
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(6).
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
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);
-
- (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
Allium porrum L.
Leek
Allium sativum L.
Garlic
Allium schoenoprasum L.
Chives
Anthriscus cerefolium (L.) Hoffm.
Chervil
Apium graveolens L.
Celery
Celeriac
Asparagus officinalis L.
Asparagus
Beta vulgaris L.
Beetroot including Cheltenham beet
Spinach beet or Chard
Brassica oleracea L.
Curly kale
Cauliflower
Sprouting broccoli or Calabrese
Brussels sprouts
Savoy cabbage
White cabbage
Red cabbage
Kohlrabi
Brassica rapa L.
Chinese cabbage
Turnip
Capsicum annuum L.
Chilli or Pepper
Cichorium endivia L.
Curled-leaved endive
Plain-leaved endive
Cichorium intybus L.
Witloof chicory
Large-leaved chicory or Italian chicory
Industrial chicory
Citrullus lanatus (Thunb.) Matsum. et Nakai
Watermelon
Cucumis melo L.
Melon
Cucumis sativus L.
Cucumber
Gherkin
Cucurbita maxima Duchesne
Gourd
Cucurbita pepo L.
Marrow or Courgette
Cynara cardunculus L.
Globe artichoke
Cardoon
Daucus carota L.
Carrot
Fodder carrot
Foeniculum vulgare Mill.
Fennel
Lactuca sativa L.
Lettuce
Solanum lycopersicum L.
Tomato
Petroselinum crispum (Mill.) Nyman ex A. W. Hill
Parsley
Phaseolus coccineus L.
Runner bean
Phaseolus vulgaris L.
Dwarf French bean
Climbing French bean
Pisum sativum L. (partim)
Wrinkled pea
Round pea
Sugar pea
Raphanus sativus L.
Radish
Black radish
Rheum rhabarbarum L.
Rhubarb
Scorzonera hispanica L.
Scorzonera or Black salsify
Solanum melongena L.
Aubergine or Egg plant
Spinacia oleracea L.
Spinach
Valerianella locusta (L.) Laterr.
Corn salad or Lamb’s lettuce
Vicia faba L. (partim)
Broad bean
Zea mays L. (partim)
Sweet corn
Popcorn
- (c) ‘basic seed’ :
-
means seed
-
which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;
-
which is intended for the production of seed of the category ‘certified seed’;
-
which, subject to the provisions of Article 22, satisfies the conditions laid down in Annexes I and II for basic seed; and
-
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);
-
- (d) ‘certified seed’ :
-
means seed
-
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;
-
which is intended mainly for the production of vegetables;
-
which, subject to the provisions of point (b) of Article 22, satisfies the conditions laid down in Annexes I and II for certified seed;
-
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);
-
which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;
-
- (e) ‘standard seed’ :
-
means seed
-
which has sufficient varietal identity and varietal purity;
-
which is intended mainly for the production of vegetables;
-
which satisfies the conditions laid down in Annex II; and
-
which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;
-
- (f) ‘official measures’ :
-
means measures taken
-
by State authorities; or
-
by any legal person whether governed by public or by private law, acting under the responsibility of the State; or
-
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
-
5 kg for legumes;
-
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;
-
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).
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:
-
Field inspection
-
The inspectors shall:
-
have the necessary technical qualifications;
-
derive no private gain in connection with the carrying out of the inspections;
-
have been officially licensed by the seed certification authority of the Member State concerned and this licensing shall include either the swearing-in of inspectors or the signature by inspectors of a written statement of commitment to the rules governing official examinations;
-
carry out inspections under official supervision in accordance with the rules applicable to official inspections.
-
-
The seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory.
-
A proportion of the seed crops shall be checked by official inspectors. That proportion shall be at least 5 %.
-
A proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity.
-
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the licence provided for in (a)(iii), from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
-
-
Seed testing
-
Seed testing shall be carried out by seed-testing laboratories which have been authorised for that purpose by the seed certification authority of the Member State concerned under the conditions set out in (b) to (d).
-
The seed-testing laboratory shall have a seed analyst-in-charge who has direct responsibility for the technical operations of the laboratory and has the necessary qualifications for technical management of a seed-testing laboratory.
Its seed analysts shall have the necessary technical qualifications obtained in training courses organised under conditions applicable to official seed analysts and confirmed by official examinations.
The laboratory shall be maintained in premises and with equipment officially considered by the competent seed certification authority to be satisfactory for the purpose of seed testing, within the scope of the authorisation.
It shall carry out seed testing in accordance with current international methods.
-
The seed-testing laboratory shall be:
-
an independent laboratory;
or
-
a laboratory belonging to a seed company.
In the case referred to in (ii), the laboratory may carry out seed testing only on seed lots produced on behalf of the seed company to which it belongs, unless it has been otherwise agreed between that company, the applicant for certification and the seed certification authority.
-
-
The seed-testing laboratory’s performance of seed testing shall be subject to appropriate supervision by the seed certification authority.
-
For the purposes of the supervision referred to in (d) a proportion of the seed lots entered for the official certification shall be check-tested by official seed testing. That proportion shall in principle be as evenly spread as possible over natural and legal persons entering seed for certification and the species entered but may also be oriented to eliminate specific doubts. That proportion shall be at least 5 %.
-
The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the authorisation provided for in (a), from officially authorised seed-testing laboratories who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.
-
Article 3
1.
Member States shall provide that vegetable seed may no be certified, verified as standard seed and marketed unless the variety is officially accepted in one or more Member States.
2.
Each Member State shall establish one or more catalogues of the varieties officially accepted for certification, verification as standard seed and marketing in its territory. The catalogues shall be subdivided according to varieties:
-
whose seed may be certified as either ‘basic seed’ or ‘certified seed’, or may be verified as ‘standard seed’, and
-
whose seed may not be verified except as standard seed.
Any person may consult the catalogues.
3.
A common catalogue of varieties of vegetable species shall, in accordance with the provisions of Articles 16 and 17, be established on the basis of the national catalogues of the Member States.
4.
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. Member States making such provision shall be released from the obligations provided for 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.
In the case of industrial chicory, the variety must be of satisfactory value for cultivation and use.
2.
In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Council 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.
3.
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(7), the variety shall be accepted only if it has been approved in accordance with that Regulation.
4.
In the interest of conserving plant genetic resources as specified in Article 44(2), the Member States may depart from the acceptance criteria set out in the first subparagraph of paragraph 1 in so far as specific conditions are established in accordance with the procedure referred to in Article 46 considering the requirements of Article 44(3).