EUR-Lex - 32002L0057 - EN Avis juridique important | 32002L0057 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/ECof 13 June 2002on the marketing of seed of oil and fibre plantsTHE 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 1This 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 21. 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:>TABLE>(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; and(iv) - which has been found by official examination to satisfy the abovementioned conditions, or- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;(f) "certified seed, first generation": (groundnut, monoecious hemp, flax, linseed, soya, cotton) 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 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 either for the production of seed of the category "certified seed, second generation" or, where appropriate, of the category "certified seed, third generation", or for purposes other than the production of seed of oil or fibre plants;(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and(iv) - which has been found by official examination to satisfy the abovementioned conditions, or- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;(g) "certified seed, second generation": (groundnut, flax, linseed, soya, cotton) means seed(i) which has been produced directly from basic seed, from certified seed of the first generation 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 or, where appropriate, which is intended for the production of seed of the category "certified seed, third generation";(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and(iv) - which has been found by official examination to satisfy the abovementioned conditions, or- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;(h) "certified seed, second generation" (monoecius hemp): means seed(i) which has been produced directly from certified seed of the first generation which has been established and officially controlled with a special view to the production of certified seed of the second generation;(ii) which is intended for the production of hemp to be harvested in flower;(iii) which satisfies the conditions laid down in Annexes I and II for certified seed; and(iv) - which has been found by official examination to satisfy the abovementioned conditions, or- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;(i) "certified seed, third generation": (flax, linseed) means seed(i) which is of direct descent from basic seed, from certified seed of the first or second generation 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 satisfies the conditions laid down in Annexes I and II for certified seed; and(iv) - which has been found by official examination to satisfy the abovementioned conditions, or- in the case of the conditions laid down in Annex I, has been found to satisfy those conditions either by official examination or by examination carried out under official supervision;(j) "commercial seed": means seed(i) which is identifiable as belonging to a species;(ii) which, subject to the provisions of Article 5(b), satisfies the conditions laid down in Annex II for commercial seed, and(iii) which has been found by official examination to satisfy the abovementioned conditions;(k) "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 subject to 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.2. Amendments to be made to the list of species referred to in paragraph 1(b) shall be adopted in accordance with the procedure laid down in Article 25(2).3. The different types of varieties, including the components, eligible for certification under the provisions of this Directive may be specified and defined in accordance with the procedure laid down in Article 25(2).4. Member States may:(a) in the case of flax or linseed seed, include several generations in the basic seed category and subdivide this category by generation;(b) provide that official examination to check compliance with the condition laid down in Annex II(I)(4) for Brassica napus shall not be carried out on all lots during certification unless there is doubt whether that condition has been satisfied.5. When the examination under official supervision referred to in paragraph 1(e)(iv) second indent, 1(f)(iv) second indent, 1(h)(iv) second indent and 1(i)(iv) second indent above is carried out, the following requirements shall be complied with:(a) the inspectors shall:(i) have the necessary technical qualifications;(ii) derive no private gain in connection with the carrying out of the inspections;(iii) 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;(iv) carry out inspections under official supervision in accordance with the rules applicable to official inspections;(b) the seed crop to be inspected shall be grown from seed which has undergone official post-control, the results of which have been satisfactory;(c) a proportion of the seed crops shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;(d) 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.Member States shall determine the penalties applicable to infringements of the rules set out in the first subparagraph governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the recognition referred to in point (a)(iii) of the first subparagraph from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall be annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.6. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure referred to in Article 25(2).Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC(6) shall be adhered to.Article 31. Member States shall provide that seed of:Brassica napus L. (partim)Brassica rapa L. var. silvestris (Lam.) BriggsCannabis sativa L.Carthamus tinctorius L.Carum carvi L.Gossypium spp.Helianthus annuus L.Linum usitatissimum L. (partim) - flax, linseedmay not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".2. Member States shall provide that seed of oil and fibre plant species other than those listed in paragraph 1 may not be placed on the market unless the seed has been officially certified as "basic seed" or "certified seed", or is commercial seed.3. It may be provided, under the procedure laid down in Article 25(2), that after specified dates seed of oil and fibre plant species other than those listed in paragraph 1 may not be placed on the market unless it has been officially certified as "basic seed" or "certified seed".4. Member States shall ensure that official examinations are carried out in accordance with current international methods, in so far as such methods exist.Article 4Notwithstanding Article 3(1) and (2), Member States shall provide that:- bred seed of generations prior to basic seed, and- seed as grown, marketed for processing, provided that the identity of the seed is ensured,may be placed on the market.Article 5Member States may, by way of derogation from the provisions of Article 3:(a) authorise the official certification and marketing of basic seed which does not satisfy the conditions laid down in Annex II in respect of germination; to this end all necessary measures shall be taken to ensure that the supplier guarantees a specific germination which he shall state for marketing purposes on a special label bearing his name and address and the reference number of the seed lot;(b) in order to make seed rapidly available, notwithstanding the fact that official examination to check compliance with the conditions laid down in Annex II in respect of germination has not been concluded, authorise the official certification or approval and marketing as far as the first buyer by way of trade of seed of the categories "basic seed", "certified seed" of all categories or "commercial seed". Certification or approval shall be granted only on presentation of a provisional analytical report on the seed and provided that the name and address of the first recipient are given; all necessary measures shall be taken to ensure that the supplier guarantees the germination ascertained at the provisional analysis; this germination shall be stated for marketing purposes on a special label bearing the name and address of the supplier and the reference number of the lot.These provisions shall not apply to seed imported from third countries, save as otherwise provided in Article 18 in respect of multiplication outside the Community.Member States making use of the derogation provided for in either point (a) or (b) shall assist each other administratively as regards inspection.Article 61. Notwithstanding Article 3(1) and (2), Member States may authorise procedures in their own territory to place on the market:(a) small quantities of seed for scientific purposes or selection work;(b) appropriate quantities of seed for other test or trial purposes, provided it belongs to varieties for which an application for entry in the catalogue has been submitted in the Member State in question.In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment. For the environmental risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 2002/53/EC shall apply accordingly.2. The purposes for which the authorisations referred to in paragraph 1(b) may be given, the provisions relating to the marking of packages, and the quantities and the conditions under which Member States may grant such authorisation, shall be determined in accordance with the procedure referred to in Article 25(2).3. Authorisations granted before 14 December 1998 by Member States to producers in their own territory for the purposes set out in paragraph 1 shall remain in force pending determination of the provisions referred to in paragraph 2. Thereafter, all such authorisations shall respect the provisions established in accordance with paragraph 2.Article 7Member States may, as regards the conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification of seed and also for the examination of commercial seed which is produced in their own territory.Article 8Member States shall provide that the description of genealogical components which may be required is, if the breeder so requests, treated as confidential.Article 91. Member States shall require that, for the checking of varieties, the examination of seed for certification and the examination of commercial seed, samples are drawn under official supervision in accordance with appropriate methods.2. For the examination of seed for certification and the examination of commercial seed, samples shall be drawn from homogeneous lots; the maximum weight of a lot and the minimum weight of a sample are given in Annex III.Article 101. Member States shall require that basic seed, certified seed of all categories and commercial seed be marketed only in sufficiently homogeneous consignments and in sealed packages bearing, as prescribed in Articles 11 and 12, a sealing system and markings.2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.Article 111. Member States shall require that packages of basic seed, certified seed of all categories and commercial seed, be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on either the official label provided for in Article 12(1) or the package.In order to ensure sealing, the sealing system shall comprise at least either the official label or the affixing of an official seal.The measures provided for in the second subparagraph above shall not be necessary where a non-reusable sealing system is used.In accordance with the procedure referred to in Article 25(2), it may be established whether a particular sealing system complies with the provisions of this paragraph.2. Packages which have been officially sealed shall not be resealed, whether one or more times, except officially or under official supervision. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 12(1).3. Member States may provide for exceptions to paragraph 1 in the case of small packages sealed in their own territory. Conditions relating to these exceptions may be determined in accordance with the procedure referred to in Article 25(2).Article 121. Member States shall require that packages of basic seed, certified seed of all categories and commercial seed:(a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations and brown for commercial seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 5(a), the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorised. In accordance with the procedure referred to in Article 25(2) the indelible printing under official supervision of the information on the package according to the label's model may be authorised;(b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV(A)(a)(4), (5) and (6) and in the case of commercial seed, under (b) (2), (5) and (6). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used.2. Member States may provide for exceptions to paragraph 1 in the case of small packages sealed on their own territory. Conditions relating to these exceptions may be determined in accordance with the procedure referred to in Article 25(2).3. This Directive shall not affect the right of Member States to require that seed of oil and fibre plants which is shown to be intended for purposes other than agricultural production may not be placed on the market unless this fact is stated on the label.Article 13In accordance with the procedure laid down in Article 25(2), it may be provided that Member States may require that, in cases other than those provided for in this Directive, packages of basic seed, certified seed of all categories or commercial seed shall bear a supplier's label (which may either be a label separate from the official label or take the form of suppliers' information printed on the package itself). The particulars to be provided on any such label shall also be established in accordance with the procedure referred to in Article 25(2).Article 14In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to or accompanies the seed lot, under the provisions of this Directive, shall clearly indicate that the variety has been genetically modified.Article 15Member States shall require that any chemical treatment of basic seed, certified seed of all categories or commercial seed be noted either on the official label or on the supplier's label on on the package or inside it.Article 16For the purpose of seeking improved alternatives to certain provisions set out in this Directive, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions referred to in Article 25(2).In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.Article 17Member States shall ensure that seed which is placed on the market under the provisions of this Directive, whether mandatory or discretionary, is not subject to any marketing restrictions as regards its characteristics, examination requirements, marking and sealing other than those laid down in this or any other Directive.Article 18The conditions under which bred seed of generations prior to basic seed may be placed on the market under the first indent of Article 4, shall be as follows:(a) it must have been officially inspected by the competent certification authority in accordance with the provisions applicable to the certification of basic seed;(b) it must be packed in accordance with this Directive; and(c) the packages must bear an official label giving at least the following particulars:- certification authority and Member State or their distinguishing abbreviation,- lot reference number,- month and year of sealing, or- month and year of the last official sampling for the purposes of certification,- species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters,- variety, indicated at least in roman characters,- the description "pre-basic seed",- number of generations preceding seed of the categories "certified seed", or "certified seed of the first generation".The label shall be white with a diagonal violet line.Article 191. Member States shall provide that seed of oil and fibre plants- which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 20(b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and- which has been harvested in another Member State,shall, on request and without prejudice to the provisions of Directive 2002/53/EC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied.Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorise official certification as basic seed, if the conditions laid down for that category are satisfied.2. Seed of oil and fibre plants which has been harvested in the Community and which is intended for certification in accordance with paragraph 1 shall:- be packed and labelled with an official label satisfying the conditions laid down in Annex V(A) and (B), in accordance with Article 11(1); and- be accompanied by an official document satisfying the conditions laid down in Annex V(C).The provisions in the first subparagraph on packing and labelling may be waived if the authorities responsible for field inspection, those drawing up the documents for the certification of seeds which have not been definitively certified and those responsible for certification are the same, or if they agree on exemption.3. Member States shall also provide that seed of oil and fibre plants- which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 20(b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and- which has been harvested in a third country,shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 20(a) for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorise official certification of such seed.Article 201. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:(a) in the case provided for in Article 18, the field inspections in the third country satisfy the conditions laid down in Annex I;(b) seed of oil and fibre plants which has been harvested in a third country and affords the same assurances as regards its characteristics and the arrangements for its examination, for ensuring its identity, for marking and for control is equivalent in these respects to basic seed, certified seed, certified seed of the first, second or third generation or commercial seed harvested within the Community and complying with the provisions of this Directive.2. Paragraph 1 shall also apply in respect of any new Member State from the date of its accession to the date on which it is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.Article 211. In order to remove any temporary difficulties in the general supply of basic or certified seed that occur in the Community and cannot be otherwise overcome, it may be decided in accordance with the procedure laid down in Article 25(2) that Member States shall permit, for a specified period, the marketing throughout the Community in quantities necessary to resolve the supply difficulties of seed of a category subject to less stringent requirements, or of seed of a variety not included in the Common Catalogue of Varieties of Agricultural Plant Species or in the national catalogue of varieties of the Member States.2. For a category of seed of any given variety, the official label shall be that provided for the corresponding category; for seed of varieties not included in the abovementioned catalogues the official label shall be that provided for commercial seed. The label shall always state that the seed in question is of a category satisfying less stringent requirements.3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure referred to in Article 25(2).Article 221. Member States shall ensure that official inspections are carried out in relation to the marketing of seed of oil and fibre plants, at least by random checks, to verify compliance with the requirements of this Directive.2. Without prejudice to the free movement of seed within the Community, Member States shall take all necessary measures to ensure that they are supplied with the following particulars during the marketing of quantities exceeding two kilograms of seed imported from third countries:(a) species;(b) variety;(c) category;(d) country of production and official inspection authority;(e) country of dispatch;(f) importer;(g) quantity of seed.The manner in which these particulars are to be presented may be determined in accordance with the procedure referred to in Article 25(2).Article 231. Community comparative tests shall be carried out within the Community for the post-control of samples of basic seed, with the exception of that of hybrid or synthetic varieties, and of certified seed of all categories of oil and fibre plants, taken during sampling. Satisfaction of the conditions with which the seed must comply may be checked during the post-control tests. The arrangements for holding the tests and their results shall be submitted to the Committee referred to in Article 25(1).2. These comparative tests shall be used to harmonise the technical methods of certification so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on these tests and sent in confidence to the Member States and to the Commission. The Commission shall, in accordance with the procedure referred to in Article 25(2), set the date for the first report.3. The Commission, acting in accordance with the procedure laid down in Article 25(2), shall make the necessary arrangements for the comparative tests to be carried out. Seed of oil and fibre plants harvested in third countries may be included in the comparative tests.Article 24Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure referred to in Article 25(2).Article 251. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, set up by Article 1 of Council Decision 66/399/EEC(7).2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 26Save as otherwise provided in Annex II in respect of the presence of diseases, harmful organisms and their vectors, this Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.Article 271. Specific conditions may be established in accordance with the procedure referred to in Article 25(2) to take account of developments in the areas of:(a) conditions under which chemically treated seed may be marketed;(b) conditions under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, including seed mixtures of species which also include species listed in Article 1 of Directive 2002/53/EC, and are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;(c) conditions under which seed suitable for organic production may be marketed.2. The specific conditions referred to in paragraph 1(b) shall include in particular the following points:(a) the seed of these species shall be of a known provenance approved by the appropriate Authority in each Member State for marketing the seed in defined areas;(b) appropriate quantitative restrictions.Article 28Upon application by a Member State, which will be dealt with as referred to Article 25(2), that State may be wholly or partially released from the obligation to apply the provisions of this Directive, with the exception of Article 17:(a) in respect of the following species:- Safflower;(b) in respect of other species which are not normally reproduced or marketed in its territory.Article 29The Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.The Commission shall inform the other Member States thereof.Article 30No later than 1 February 2004, the Commission shall submit a detailed evaluation of the simplifications of the certification procedures introduced by Article 5 of Directive 98/96/EC. This evaluation shall focus in particular on the possible effects on the quality of the seed.Article 311. Directive 69/208/EEC as amended by the Directives listed in Annex VI part A, is hereby repealed without prejudice to the obligations of the Member States concerning the deadlines for transposition of the said Directives set out in Annex VI part B.2. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.Article 32This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 33This Directive is addressed to the Member States.Done at Luxembourg, 13 June 2002.For the CouncilThe PresidentM. Rajoy Brey(1) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).(2) OJ L 169, 10.7.1969, p. 3. Directive as last amended by Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).(3) See Annex VI, part A.(4) See page 1 of this Official Journal.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 286, 4.10.1989, p. 24. Decision as last amended by Decision 96/336/EC (OJ L 128, 29.5.1996, p. 23).(7) OJ L 125, 11.7.1966, p. 2289/66.ANNEX ICONDITIONS TO BE SATISFIED BY THE CROP1. The previous cropping of the field shall not have been incompatible with the production of seed of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.2. The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:>TABLE>These distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line of Helianthus annuus, sufficient identity and purity as regards its characteristics.For the production of seed of hybrid varieties of Helianthus annuus, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration.In particular, crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. and hybrids of Helianthus annuus shall conform to the following standards or other conditions:A. Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi and Gossypium spp.:the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed:- one per 30 m2 for the production of basic seed,- one per 10 m2 for the production of certified seed.B. Hybrids of Helianthus annuus:(a) the percentage by number of plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed:(aa) for the production of basic seed:>TABLE>(bb) for the production of certified seed:>TABLE>(b) the following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:(aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;(bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0,5 %;(cc) for the production of basic seed the total percentage by number of plants of the female component which are recognisable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0,5 %;(dd) where the condition laid down in Annex II(I)(2) cannot be satisfied, the following conditions shall be satisfied: a male-sterile component shall be used to produce certified seed by using a male component which contains a specific restorer line or lines so that at least one-third of the plants grown from the resulting hybrid will produce pollen which appears normal in all respects.4. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level. In the case of Glycine max. this condition is applicable in particular to the organisms Pseudomonas syringae pv. glycinea, Diaporthe phaseolorum var. caulivora and var. sojae, Phialophora gregata and Phytophthora megasperma f.sp. glycinea.5. The satisfaction of the abovementioned standards or other conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision. These field inspections shall be carried out in accordance with the following conditions:A. the condition and the stage of development of the crop shall permit an adequate examination,B. in cases other than crops of hybrids of sunflower there shall be at least one field inspection. In the case of hybrids of sunflower there shall be at least two field inspections,C. the size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.ANNEX IICONDITIONS TO BE SATISFIED BY THE SEEDI. BASIC AND CERTIFIED SEED1. The seed shall have sufficient varietal identity and varietal purity. In particular, seeds of the species listed below shall conform to the following standards or other conditions:>TABLE>The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.2. Where the condition laid down in Annex I(3)(B)(b)(dd) cannot be satisfied, the following condition shall be met: where for the production of certified seed of hybrids of sunflower a female male-sterile component and a male component which does not restore male fertility have been used, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile seed parent. The ratio of male-sterile parent seed to male-fertile parent shall not exceed two to one.3. The seed shall conform to the followign standards or other conditions as regards germination, analytical purity and content of seeds of other plant species including Orobanche spp.:A.Table:>TABLE>B. Standards or other conditions applicable where reference is made to them in the table under Section I(3)(A) of this Annex:(a) the maximum contents of seeds laid down in column 5 include also the seeds of the species in columns 6 to 11;(b) the determination of total content of seeds of other plants species by number need not be carried out unless there is doubt whether the conditions laid down in column 5 have been satisfied;(c) the determination of seeds of Cuscuta spp. by number need not be carried out unless there is doubt whether the conditions laid down in column 7 have been satisfied;(d) the presence of one seed of Cuscuta spp. in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of Cuscuta spp.;(e) the seed shall be free from Orobanche spp.; however the presence of one seed of Orobanche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any seeds of Orobanche spp.4. Harmful organisms which reduce the usefulness of the seed shall be at the lowest possible level. In particular, the seed shall conform to the following standards or other conditions:A.Table:>TABLE>B. Standards or other conditions applicable where reference is made to them in the table under Section I(4)(A) of this Annex:(a) in flax, the maximum percentage by number of seeds contaminated by Ascochyta linicola (syn. Phoma linicola) shall not exceed one;(b) the determination of sclerotia or fragments of sclerotia of Sclerotinia sclerotiorum by number need not be carried out unless there is doubt whether the conditions laid down in column 5 of this table have been satisfied.C. Particular standards or other conditions applicable to Glycine max.:(a) in respect of Pseudomonas syringae pv. glycinea the maximum number of sub-samples within a sample of 5000 seeds minimum per lot subdivided into 5 subsamples which have been found to be contaminated by the said organism shall not exceed 4;where suspect colonies are identified in all five subsamples, appropriate biochemical tests on the suspect colonies isolated on a preferential medium for each subsample may be used to confirm the above standards or conditions;(b) in respect of Diaporthe phaseolorum the maximum number of seeds contaminated shall not exceed 15 %;(c) the percentage by weight of inert matter, as defined in accordance with current international testing methods, shall not exceed 0,3.In accordance with the procedure referred to in Article 25(2), Member States may be authorised not to carry out the examination in respect of the above particular standards or other conditions unless, on the basis of previous experience, there is doubt whether those standards or conditions have been satisfied.II. COMMERCIAL SEEDWith the exception of Section I, the conditions referred to in Annex II(I) shall apply to commercial seed.ANNEX IIILOT AND SAMPLE WEIGHTS>TABLE>The maximum lot weight shall not be exceeded by more than 5 %.ANNEX IVLABELA. Required information(a) For basic seed and certified seed1. "EC rules and standards".2. Certification authority and Member State or their initials.3. Month and year of sealing expressed thus: "sealed ... (month and year)", ormonth and year of the last official sampling for the purposes of certification expressed thus: "sampled ... (month and year)".4. Reference number of lot.5. Species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters.6. Variety, indicated at least in roman characters.7. Category.8. Country of production.9. Declared net or gross weight.10. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.11. In the case of varieties which are hybrids or inbred lines:- for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under Directive 2002/53/EC:the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word "component",- for basic seed in other cases:the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word "component",- for certified seed:the name of the variety to which the seed belongs, accompanied by the word "hybrid".12. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.In accordance with the procedure laid down in Article 25(2), Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.(b) For commercial seed1. "EC rules and standards".2. "Commercial seed (not certified as to variety)".3. Certification authority and Member State or their initials.4. Month and year of sealing expressed thus: "sealed ... (month and year)".5. Reference number of lot.6. Species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters.7. Region of production.8. Declared net or gross weight.9. Where weight is indicated and granulated pesticides, pelleting substances, or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seeds and the total weight.10. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label.In accordance with the procedure referred to in Article 25(2), Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.B. Minimum dimensions110 mm × 67 mm.ANNEX VLABEL AND DOCUMENT PROVIDED IN THE CASE OF SEED NOT FINALLY CERTIFIED, HARVESTED IN ANOTHER MEMBER STATEA. Information required for the label- authority responsible for field inspection and Member State or their initials,- species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters,- variety, indicated at least in roman characters; in the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word "component" shall be added,- category,- in the case of hybrid varieties, the word "hybrid",- field or lot reference number,- declared net or gross weight,- the words "seed not finally certified".In accordance with the procedure referred to in Article 25(2), Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.B. Colour of the labelThe label shall be grey.C. Information required for the document- authority issuing the document,- species, indicated at least under its botanical name, which may be given in abridged form and without the authors' names, in roman characters,- variety, indicated at least in roman characters,- category,- reference number of the seed used to sow the field and name of the country or countries which certified that seed,- field lot or reference number,- area cultivated for the production of the lot covered by the document,- quantity of seed harvested and number of packages,- number of generations after basic seed, in the case of certified seed,- attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled,- where appropriate, results of a preliminary seed analysis.ANNEX VIPART AREPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS(referred to by Article 31)>TABLE>PART BDEADLINES FOR TRANSPOSITION INTO NATIONAL LAW(referred to by Article 31)>TABLE>ANNEX VIITABLE OF CORRESPONDENCE>TABLE>

Summary: Marketing of seeds of agricultural crops Marketing of seeds of agricultural crops SUMMARY OF: Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species Directive 66/401/EEC on the marketing of fodder plant seed Directive 66/402/EEC on the marketing of cereal seed Directive 2002/57/EC on the marketing of seed of oil and fibre plants Directive 2002/56/EC on the marketing of seed potatoes Directive 2002/54/EC on the marketing of beet seed WHAT IS THE AIM OF THE DIRECTIVES? Directive 2002/53/EC 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 throughout the European Union (EU). The following directives set out rules for the registration of seed varieties and for the production and certification of seeds of various key species (EU regulated species) before they are permitted to be marketed in the EU. Directive 66/401/EEC — fodder plant seed. Directive 66/402/EEC — cereal seed. Directive 2002/57/EC — seed of oil and fibre plants. Directive 2002/56/EC — seed potatoes. Directive 2002/54/EC — beet seed. KEY POINTS Directive 2002/53/EC lays down the rules for including agricultural plant species in the EU common catalogue. The EU common catalogue, which is compiled on the basis of notifications of changes in the EU countries’ national catalogues, lists the varieties which can be marketed throughout the EU. The common catalogue is published in the Official Journal of the European Union (OJ). For inclusion in their national catalogue, EU countries must ensure that a variety is accepted only if it is the following. Distinct (D): the variety is clearly distinguishable from any other variety known in the EU, and is capable of precise recognition and definition.Uniform (U): apart from very few aberrations, the plants are similar or genetically identical. andStable (S): after successive propagations, the plant remains true to the description of its essential characteristics. The variety needs to be tested in the field to fulfil the criteria on DUS and must be of satisfactory value for cultivation and use. Variety registration is valid for 10 years but may be revoked if, on examination, the variety no longer meets these criteria. Varieties coming from other EU countries are subject to the same requirements as those applying to domestic varieties. EU countries must require that the acceptance of varieties be based on the results of official examinations, particularly growing trials, covering a sufficient number of characteristics for the variety to be described. The methods used for determining characteristics must be exact and reliable. To establish distinctness, the growing trials must include at least the available comparable varieties which are varieties known in the EU. Genetically modified varieties that have been accepted under Directive 2001/18/EC (see summary) must be indicated as such. For each newly accepted variety, EU countries must send a brief description to the other EU countries and to the European Commission of the variety’s most important characteristics for use. Fodder plant seed (Directive 66/401/EEC) This directive covers various grasses, legumes, clover, vetch, swede and kale, as identified in the legislation. Seeds may not be placed on the market unless they have been officially certified or certified under official supervision as pre-basic seeds (the generation before basic seeds), basic seeds or certified seeds (see Article 2 of the directive, where these categories are defined). Some plant species can, under certain conditions, also be marketed as commercial seeds. This does not apply to fodder plant seeds intended for export to non-EU countries. The seeds must conform to standards regarding identity, health and quality (germination, analytical purity and content of seeds of other plant species). Cereal seed (Directive 66/402/EEC) Cereal seeds may not be placed on the market unless they have been officially certified or certified under official supervision as pre-basic seeds, basic seeds or certified seeds (either first or second generation) and satisfy the other general conditions. Seeds must meet criteria such as identity, health and quality (minimum germination, minimum analytical purity and maximum content by number of seeds of other plant species, including red seeds of rice and the presence of fungus in samples). Seed of oil and fibre plants (Directive 2002/57/EC) This covers seeds for agricultural production but not for ornamental purposes. Only seeds officially certified or certified under official supervision as pre-basic seeds, basic seeds, certified seeds or commercial seeds (see Article 2 of the directive, where these categories are defined) may be marketed, with the exception of turnip, colza, cannabis, caraway, cotton, safflower, sunflower, flax and linseed, which cannot be marketed as commercial seeds. Seeds must meet criteria such as identity, health and quality. Seed potatoes (Directive 2002/56/EC) EU countries can only market seed potatoes that fulfil the criteria in this directive. Seed potatoes are officially certified as basic seed potatoes or certified seed potatoes satisfying minimum conditions for each category (see Article 2 of the directive, where these categories are defined) during plant inspections. Seed potatoes on the market should: meet minimum quality conditions such as freedom from blackleg and virus infection; be within specific limits for certain impurities, blemishes and diseases allowed in seed potato lots, including earth and extraneous matter; be within tolerance levels, such as for rot, blemishes and scab; not be treated with sprout inhibitors; have a minimum size such that they do not pass through a square mesh of 25 × 25 mm; not vary in size, within a lot, beyond a set formula. There should be no more than four generations of basic potatoes and two generations of certified seed potatoes. Beet (Directive 2002/54/EC) This refers to sugar and fodder beet of the species Beta vulgaris L. Beet seeds must generally not be placed on the market unless officially certified or certified under official supervision as pre-basic seeds, basic seeds or certified seeds (see Article 2 of the directive, where these categories are defined), and must comply with rules on identity, health and quality. Monogerm seeds and multigerm seeds (see Article 2 of the directive, where these categories are defined) must satisfy requirements on identity, health and quality (analytical purity, minimum germination and maximum moisture content rules (for both sugar beet and fodder beet)). Monogerm seeds and precision seeds must also meet targets for the proportion of single seedlings they produce. Monogerm seeds and precision seeds must be labelled as such. Repealed legislation Directive 2002/53/EC repealed and codified Directive 70/457/EEC on the common catalogue of varieties of agricultural plant species. Directive 2002/54/EC repealed Directive 66/400/EEC on the marketing of beet seed. Directive 2002/56/EC repealed Directive 66/403/EEC on the marketing of seed potatoes. Directive 2002/57/EC repealed Directive 69/208/EEC on the marketing of seed of oil and fibre plants. FROM WHEN DO THE DIRECTIVES APPLY? They have applied since 9 August 2002, except for Directive 66/401/EEC and Directive 66/402/EEC, which have applied since 15 June 1966. BACKGROUND Various implementing acts have been adopted in respect of each of the six directives, and are listed on the European Commission page on specific legislation concerning plant reproductive material. For further information see also: Plant reproductive material (European Commission) EU marketing requirements (European Commission). MAIN DOCUMENTS Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, pp. 1-11) Successive amendments to Directive 2002/53/EC have been incorporated into the original text. This consolidated version is of documentary value only. Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (codified version) (OJ 125, 11.7.1966, pp. 2298-2308) See consolidated version. Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (codified version) (OJ 125, 11.7.1966, pp. 2309-2319) See consolidated version. Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, pp. 74-97) See consolidated version. Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, pp. 60-73) See consolidated version. Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, pp. 12-32) See consolidated version. RELATED DOCUMENTS Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, pp. 33-59) See consolidated version. Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, pp. 1-112) See consolidated version. last update 18.02.2021


EUR-Lex - 32002R2182 - EN Avis juridique important | 32002R2182 Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund Official Journal L 331 , 07/12/2002 P. 0016 - 0022 Commission Regulation (EC) No 2182/2002of 6 December 2002laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco FundTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco(1), as last amended by Regulation (EC) No 546/2002(2), and in particular Article 14a thereof,Whereas:(1) Regulation (EC) No 546/2002 amended Article 13 of Regulation (EEC) No 2075/92, with regard to the establishment of a Community Tobacco Fund. The amendments concern the areas of activity of the Fund. As a result, detailed rules for the application of that provision should be adopted.(2) Assistance should be provided for measures to discourage smoking, and in particular for improving public awareness of the dangers of tobacco consumption, and funding should be provided for specific measures to encourage tobacco producers to switch production, in collaboration with the quota buy-back programme, and for studies into the possibilities for encouraging producers to switch to other crops or activities.(3) The funding should be divided appropriately between the two main objectives of the Fund, which are providing information and encouraging producers to switch production. However, if the funds earmarked for one of these objectives are not used up in full, the distribution of the initial allocation between the objectives should be adjusted.(4) The Tobacco Fund is financed by a deduction from the premiums granted to tobacco producers and it is therefore justified to propose that all public assistance for measures financed under the Fund be provided from the Community own resources in the Fund.(5) For the information programmes, the various proposals presented under the procedures adopted should be assessed in accordance with criteria that will ensure the best possible choice. Provision should be made also for projects to be carried out on the initiative and on behalf of the Commission. To that end, a call for proposals or, as appropriate, a public invitation to tender seem the most appropriate course.(6) Eligibility criteria should be laid down for natural or legal persons who may present proposals under the information programmes.(7) In the interests of sound administration of the information programmes, the projects approved by the Commission should be carried out within a specified period. The time limit originally envisaged may prove difficult to meet in exceptional cases. Provision should be made, therefore, for the time limit to be extended under certain conditions.(8) In order to make the best possible choice of projects financed within the context of the information programmes and ensure the proper implementation of the approved projects, provision should be made for the Commission to be assisted in the selection of the projects by a scientific and technical committee. The Commission should have access to the services of independent experts in assessing the projects.(9) In order to guarantee the proper implementation of each project financed within the context of the information programmes, it is necessary for details of the conditions of implementation to be included in the contracts concluded with the Commission. Where an application is made for an advance, contractors must lodge a security in favour of the Commission on the conditions laid down in Title III of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products(3), as last amended by Regulation (EC) No 1932/1999(4).(10) Regarding the information programmes, provision should be made to prevent the unjustified cumulation of measures for the same project, and for payments to be recovered in certain cases, particularly in the event of irregularities.(11) As regards the specific measures to promote a switch of production, individual measures should be laid down to promote a switch of production, as well as general interest measures and studies into the possibilities for tobacco producers to switch production, that are eligible for financing by the Fund. The beneficiaries of each type of measure should also be defined.(12) To ensure that the measures to support the switch of production are sufficiently effective, the intensity of the aid to be granted for each measure and the total amount of assistance per producer should be determined for all the measures. The intensity of the aid for each measure should be set at a sufficiently attractive level to encourage producers to take up the opportunity to switch production, given the major changes that this entails to how production is organised on their holding.(13) The Fund must guarantee assistance for producers to switch production across the whole Community and must operate in collaboration with the quota buy-back programme. To this end, the distribution of financing under the Fund should be determined for each tobacco-producing Member State. In order to respond to the actual rate of withdrawal from tobacco production in each Member State, provision should also be made for a second distribution of the financing, based on applications for assistance received.(14) To guarantee that the assistance granted to promote the switch of production by tobacco producers is implemented in the proper framework, a programme must be drawn up by each producer Member State. The content of these programmes should therefore be determined, together with the obligation on Member States to inform the Commission of the monitoring they have carried out on the progress made by the programmes each year.(15) Any risk of a funding overlap for the same project from the Tobacco Fund and other assistance schemes must be avoided. Moreover, all decisions by tobacco producers to withdraw from tobacco production should be facilitated. The conditions should be determined in which an application for assistance from the Tobacco Fund can be accepted, and provision made for the possibility of having the project financed by another scheme where no further funding is available under the Tobacco Fund. The type of controls to be carried out and the penalties to apply should also be determined.(16) To give Member States sufficient time to draw up financing plans for production-switching measures for 2003, that year's deadline for notifying the Commission of these plans - and, consequently, the deadline for the definitive distribution of the resources among the Member States - should be deferred.(17) Commission Regulation (EC) No 1648/2000 of 25 July 2000 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund(5) should therefore be repealed and replaced. However, the provision of that Regulation must continue to apply to projects approved before the entry into force of this Regulation.(18) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Tobacco,HAS ADOPTED THIS REGULATION:CHAPTER IGENERAL PROVISIONSArticle 1This Regulation lays down the conditions for financing by the Community Tobacco Fund, hereinafter called "the Fund", of the measures in the two areas referred to in Article 13(2) of Regulation (EEC) No 2075/92 in the form of information programmes and measures to promote a switch of production.Article 2Expenditure by the Fund in each of the two categories of measures referred to in Article 1 may amount to a maximum 50 % of the total amount of the Fund.However, where the amount available for one of these categories is not used up in full, the Commission shall reallocate the remaining amount to the other, provided that, in the latter area, there are eligible projects still in need of funding.CHAPTER IIINFORMATION PROGRAMMESArticle 31. The aim of the information programmes financed by the Fund shall be to improve public awareness of the dangers of all forms of tobacco consumption.2. The programmes shall consist of projects involving information and education, data collection and studies. The projects concerned shall focus in particular on:(a) raising public awareness of the harmful effects of tobacco consumption, including passive smoking;(b) improving the relevance and effectiveness of the messages put across about the harmful effects of tobacco consumption, and the methods of communication used (language and images);(c) preventing and stopping smoking;(d) disseminating the results to the national authorities and the relevant sectors, in the areas referred to in (a), (b) and (c).Article 41. The Commission, with the assistance of a scientific and technical committee, shall be responsible for the management of the Fund as regards the information programmes.2. The scientific and technical committee shall be made up of nine members appointed by the Commission. The Committee shall be chaired by the Commission. The Commission shall ensure that members of the Committee are independent as regards the projects submitted to them.Article 5Projects shall be the subject, as appropriate, of a call for proposals or a public invitation to tender, in accordance with the relevant provisions, published in the C series of the Official Journal of the European Communities, within the period set in the notice.Article 61. Proposals for projects may be submitted by any natural or legal persons established in the Community who:(a) possess recognised competence and at least five years' professional experience in the field in question;(b) undertake to contribute from their own resources at least 25 % of the total financing of the project. However, projects carried out on the initiative and on behalf of the Commission shall be financed by the Fund at a rate of up to 100 % of the total cost;(c) undertake to carry out the proposed programme within the time limit laid down;(d) agree to provide regular reports on the progress of the work;(e) agree to make their accounts and other supporting documents on expenditure available for verification by the Commission;(f) agree to the conditions laid down in Articles 9, 10 and 11.2. Projects may be carried out on an annual basis, and may be renewed, but may not however exceed five years from the date on which the contract is signed.However, the time limit for implementation may be extended if the interested party requests the Commission to extend it and provides proof that, because of exceptional circumstances beyond that party's control, it is not able to comply with the time limit initially laid down.Article 71. Projects submitted in response to a call for proposals shall be assessed by a group of independent experts selected by the Commission. The following factors must be taken into account in the assessment:(a) the work must be done on a collaborative basis by natural or legal persons established in several Member States;(b) the projects must pay particular attention to the cultural and linguistic characteristics of the Member States, notably in the case of information campaigns directed at the public at large, and to groups at risk;(c) the projects must show that they have a methodology and firm scientific backing. They must be innovative and take account of work that has been carried out already and of experience gained under past or present national or Community programmes, so as to avoid any likelihood of duplication in the allocation of Community funding;(d) the projects must, as appropriate, contribute objectively and effectively to improving public awareness of the harmful effects on health of using tobacco, to collecting and analysing relevant epidemiological data or to ensuring the rapid implementation of practical preventive measures;(e) contractors must ensure that the results of their projects are disseminated in recognised scientific journals and/or presented at international conferences;(f) priority will be given to projects covering the whole of the territory of the Community and submitted by public health organisations which are recognised and/or are expressly supported by national or regional health authorities.2. On the basis of the assessment, the Commission shall submit a list of the projects shortlisted for financing to the scientific and technical committee referred to in Article 4. The committee shall deliver an opinion on the list.3. As part of the public tendering procedure, projects to be carried out at the initiative and on behalf of the Commission, and shortlisted for financing, shall also be submitted by the Commission to the scientific and technical committee referred to in Article 4. The committee shall deliver an opinion on those projects.4. Pursuant to Article 5(4) of Decision No 646/96/EC of the European Parliament and of the Council(6), the Commission shall inform the Committee referred to in Article 5 of that Decision which projects have been shortlisted for financing, and shall provide it with the opinion of the scientific and technical committee referred to in Article 4 of this Regulation.Article 81. On the basis of the opinions referred to in Article 7(2) and (3), the Commission shall select the projects and decide on their financing by the Fund. It may decide not to proceed with any of the projects.2. Projects accepted for financing by the Fund shall be the subject of a contract concluded by the Commission. A list of the projects financed shall be published in the Official Journal of the European Communities.3. The Commission shall monitor the implementation of projects accepted for financing by the Fund. It shall inform the Management Committee for Tobacco regularly of the contracts concluded and the progress of work.Article 91. Contracts shall be based on the appropriate standard contract drawn up by the Commission and shall reflect, where necessary, the various activities concerned. They shall specify in particular:(a) the possibility of the payment of an advance by the Fund, within two months of the contract being signed;(b) the nature of the project deliverables required in order to obtain subsequent payments, which shall be made in staggered instalments reflecting the progress of the work and on the basis of invoices and appropriate supporting documents;(c) the deadline for submitting applications for payment of the balance following completion of the measures provided for in the contract, together with the nature of the accompanying deliverables, which shall include at least a summary of work carried out, appropriate supporting documents and an evaluation of the results obtained and how those results can be used;(d) a maximum period for payments from the Fund of 60 days from the date of approval by the Commission of the project deliverables, which may be suspended by the Commission in order to carry out additional verifications.2. The payment of an advance by the Fund shall be subject to the lodging by the contractor, in favour of the Commission, of a security of an amount equivalent to 110 % of the advance, lodged in accordance with the conditions laid down in Title III of Regulation (EEC) No 2220/85. However, public institutions may be exempt from this requirement.3. The security shall be released subject to payment of the balance of the contribution for the measures concerned.4. Where the advance exceeds the amount due, the security shall be partially forfeit for an amount equal to the amount wrongly paid.Article 10Projects accepted for financing by the Fund may not receive Community financing from other sources.Article 111. Where financing has been unduly paid for a project, the Commission shall recover the amounts paid to the beneficiaries, plus interest to be counted from the date of payment to the date of recovery.The interest rate to be used shall be that charged by the European Central Bank on its euro operations as published in the Official Journal of the European Communities on the first working day of each month.2. The amounts recovered, together with the interest, shall be paid to the Commission and deducted from expenditure in the tobacco sector financed by the European Agricultural Guidance and Guarantee Fund.CHAPTER IIIMEASURES TO PROMOTE A SWITCH OF PRODUCTIONArticle 12The measures to promote a switch of production financed by the Fund shall consist of specific individual measures and general interest measures to encourage raw tobacco producers to switch production to other crops or economic activities that generate employment, and to support studies into the possibilities for raw tobacco producers of switching to other crops or activities.Article 13Individual measures to encourage tobacco producers to switch production shall comprise:(a) switching to other crops and improving the quality of agricultural products other than tobacco, as well as providing incentives to holdings to diversify their activities;(b) training for producers required for a switch to agricultural products other than tobacco;(c) establishing the infrastructure for marketing quality products other than tobacco, as well as services for the rural economy and rural people and diversifying agricultural or semi-agricultural activities with a view to creating a range of activities that generate alternative employment and income, and in particular promoting tourism and handicrafts activities.Article 14General interest measures and studies into the possibilities for tobacco producers to switch production shall comprise:(a) studies intended to expand the opportunities for producers of tobacco to switch production to other crops or activities;(b) guidance and advisory services for producers who decide to withdraw from tobacco production;(c) conducting innovative experiments for demonstration purposes.These measures may be accompanied by measures to disseminate and promote the results.Article 151. The beneficiaries of the measures referred to in Article 13 shall be tobacco producers who have been participating in the buy-back programme provided for in Article 14(1) of Regulation (EC) No 2075/92 since the 2002 harvest and whose quota irrevocably bought back is a quantity equal to or greater than 500 kg.Beneficiaries may apply for assistance from the Fund only in the first year in which they no longer have a quota allocated to them.2. The beneficiaries of the measures listed in Article 14 shall be:(a) public authorities in the production areas;(b) public research bodies specialising in agronomy and/or rural economy and designated by the Member States.Article 161. The maximum total value of Community assistance that can be granted under this Chapter shall be equal to:- 75 % of the eligible expenditure, for the measures referred to in Article 13(a) and (c);- 100 % of the eligible expenditure, for the measures referred to in Article 13(b) and Article 14.2. The total amount of Community assistance per producer for all of the measures referred to in Article 13 shall be as follows:(a) three times the amount of the annual premium - for quantities of raw tobacco covered by the quota up to and including 10 tonnes for which the producer has been paid under the buy-back programme;(b) twice the amount of the annual premium - for quantities of raw tobacco covered by the quota between 10 and 40 tonnes for which the producer has been paid under the buy-back programme;(c) the amount of the annual premium - for quantities of raw tobacco covered by the quota above 40 tonnes for which the producer has been paid under the buy-back programme.3. The total amount of Community assistance per producer for all of the measures referred to in Article 13 may not exceed EUR 300000. However, for measures not involving the production, marketing or processing of products referred to in Annex I of the Treaty, the total amount of Community assistance per producer may not exceed EUR 100000.Article 171. The Community contribution shall comprise all of the public contribution for the measures referred to in Articles 13 and 14.2. Every year before 15 February, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 2075/92, the Commission shall draw up an indicative allocation between the Member States of the financing under the Fund to the measures referred to in Articles 13 and 14 of this Regulation, based on the following criteria:- 90 % based on the quantities irrevocably bought back under the quotas;- 10 % based on the national guarantee threshold.The Commission shall review the percentage allocations provided for in the first subparagraph in the light of experience.3. Before 31 March every year, the Member States shall draw up and notify to the Commission their projected financing plans for the measures for which assistance has been applied.4. Where it is established, on the basis of the information referred to in paragraph 3, that part of the funding allocated to one or more Member States will not be committed due to a lack of applications for assistance, the Commission shall draw up, before 31 May every year, a definitive allocation of this funding among Member States that have received applications for assistance for a total amount greater than their budget as determined in accordance with paragraph 2. This definitive allocation shall be in proportion to the indicative allocation laid down in paragraph 2 above.Article 181. The Member States shall set up the programmes connected with the measures referred to in Articles 13 and 14.The programmes shall include:(a) a quantified description of the current situation in the tobacco sector, of the guidelines for measures to promote a switch of production and the holdings involved, and of the socio-economic situation in the production areas, in particular as regards employment and development potential;(b) a description of the proposed strategy, its quantified objectives and the priorities selected for the switch of production from tobacco;(c) an analysis of the expected impact in economic, environmental and social terms, in particular as regards employment;(d) a general indicative financial table;(e) a description of the national provisions taken to implement the programmes, and in particular the arrangements for controls;(f) the definition of the selection criteria for projects for which an application for assistance has been made.2. The Member States shall adopt the necessary national provisions to implement the programmes referred to in paragraph 1, including the procedure for approving projects, and shall designate the national authorities responsible for implementation.3. Every year before 31 March the Member States shall send the Commission a comprehensive report on the progress made by the programmes during the period between 1 January and 31 December in the previous year.Article 191. Applicants for assistance under Article 13 and 14 must sign an undertaking not to apply for funding for the same project under another assistance scheme. However, they shall be relieved of this undertaking if the application for financing for their project under the Fund is rejected definitively.2. Failure to comply with the undertaking prescribed in paragraph 1 shall entail:- the loss of rights regarding the quota buy-back programme provided for in Article 14 of Regulation (EEC) No 2075/92; and- loss of eligibility for assistance for the measures referred to in Articles 13 and 14 of this Regulation.Article 201. The Member States, in accordance with common rules to be laid down by the Commission, shall set up a computerised file including all the information on the projects financed under this Chapter. This data shall be made available to the Commission.2. The Member States shall ensure that the information collected in accordance with paragraph 1 is made available to the authorities responsible for implementing the other Community or national structural assistance programmes.3. The Member States shall take the necessary steps to effectively check that the provisions of this Chapter have been observed, in particular by carrying out administrative controls and on-site inspections. These measures shall ensure in particular that the projects financed under this Chapter have not received assistance under another assistance scheme.4. The controls referred to in paragraph 3 shall cover all the projects financed by the Fund.Article 21The Member States shall notify the Commission without delay of the measures they adopt under Articles 18, 19 and 20.Article 221. The projects shall be carried out within two years of the date on which the Member State notifies the beneficiary that the project has been approved.2. The aid shall be paid once checks have been made that the project in question has been carried out and no later than three years following the date on which the Member State notifies the beneficiary that the project has been approved.3. Notwithstanding paragraph 2, the Member State may provide for aid to be paid in advance, on condition that:(a) project implementation has begun;(b) the beneficiary has lodged a security equal to 120 % of the advance. However, public bodies may be exempted from this requirement.For the purposes of Regulation (EEC) No 2220/85, the obligation shall in this case be to ensure that the project is implemented within the period specified in paragraph 1 above.Article 23At the latest in the last declaration of expenditure for that year, the Member States shall notify the Commission of all expenditure actually incurred during the current financial year related to the measures to promote a switch of production, as specified in Article 3 of Commission Regulation (EC) No 296/96(7).Article 24For each Member State, the amounts of expenditure actually incurred notified to the Commission in the declarations for a given year shall be financed in accordance with Article 23, provided the total of these amounts does not exceed the amount allocated to the Member State under Article 17.Article 25The Member States shall store the information recorded in accordance with this Chapter for at least ten years after the year in which it is recorded.CHAPTER IVTRANSITIONAL AND FINAL PROVISIONSArticle 26By derogation from Article 17(3), the notification deadline for the financing plans for the measures for which assistance has been applied for under the buy-back programme for the 2002 harvest shall be put back from 31 March 2003 to 31 May 2003, and, consequently, by derogation from Article 17(4), the deadline of 31 May 2003 shall be put back to 30 June 2003.Article 27The amount of the premium to be paid to producers and the reimbursement to be made by the Member States to the processors, in accordance with Articles 18 and 20 respectively of Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector(8) shall be reduced, at the time of payment, by the deduction referred to in Article 13(1) of Regulation (EEC) No 2075/92.The amount thus reduced shall be declared by the Member States as expenditure under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.Article 28Regulation (EC) No 1648/2000 is hereby repealed. However, its provisions shall continue to apply to projects approved before the entry into force of this Regulation.Article 29This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 6 December 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 215, 30.7.1992, p. 70.(2) OJ L 84, 28.3.2002, p. 4.(3) OJ L 205, 3.8.1985, p. 5.(4) OJ L 240, 10.9.1999, p. 11.(5) OJ L 189, 27.7.2000, p. 9.(6) OJ L 95, 16.4.1996, p. 9.(7) OJ L 39, 17.2.1996, p. 5.(8) OJ L 358, 31.12.1998, p. 17.

Summary: Community Tobacco Fund: information programmes Community Tobacco Fund: information programmes In order to support action to discourage smoking, the European Union (EU) finances producer training and conversion measures. ACT Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund [See amending acts]. SUMMARY The Community Tobacco Fund was established in 1992 by the Regulation on the common organisation of the market in raw tobacco. It finances measures with a view to: improving knowledge of the harmful effects of tobacco and appropriate preventive and curative measures; directing Community production towards other crops or other job-creating economic activities. Information programmes The Fund finances information programmes designed to improve the public’s understanding of the harmful effects of tobacco consumption, including projects to raise public awareness of the harmful effects of tobacco consumption, to prevent and stop people from smoking, and to disseminate the results achieved by such projects. Natural and legal persons submitting projects accept the conditions laid down in this Regulation, including the commitment to contribute at least 25 % of the total financing needed for the project out of their own resources. As regards information programmes, the Commission manages the Fund, assisted by a scientific and technical committee. The independent experts responsible for evaluating the submitted projects check that they comply with certain conditions. For example, projects must make provision for a partnership linking natural or legal persons established in several Member States, adapting cultural and linguistic variables accordingly. Once a project is selected for financing, a contract governs the relationship between the Commission and the natural or legal person who submitted it. The Regulation includes a detailed description of what must be included in the contract. Conversion measures The Fund has financed: individual measures to encourage diversification in the activities of tobacco-growing holdings, through producer training and the creation of marketing structures for quality products other than tobacco; general interest measures including studies on the opportunities to switch production to other crops or activities, guidance for producers who give up tobacco production, and innovative experiments for demonstration purposes. The last conversion measures funded were submitted in 2006. References Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 2182/2002 10.12.2002 - OJ L 331 of 7.12.2002 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Regulation (EC) No 480/2004 19.3.2004 - OJ L 78 of 16.3.2004 Regulation (EC) No 1881/2005 25.11.2005 - OJ L 301 of 18.11.2005 The successive amendments and corrigenda to Regulation No 2182/2002 have been incorporated into the basic text. This consolidated version is for reference purposes only. RELATED ACTS Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products [Official Journal L 194 of 18.7.2001]. With a view to ensuring a high level of health protection, this Directive contains provisions on the tar yield of cigarettes, tobacco for oral use, and the labelling of tobacco products. Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages [Official Journal L 226 of 10.9.2003]. The objective of this Decision is to lay down rules for the use, on cigarette packets, of colour photographs or other illustrations showing the effects of smoking on health. It constitutes a follow-up to Directive 2001/37/EC on tobacco products, which already requires the size of health warnings on packaging to be increased. However, the use of shock images in addition to messages is not compulsory. Last updated: 12.10.2007