Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of se... (32008L0124)
EU - Rechtsakte: 13 Industrial policy and internal market

COMMISSION DIRECTIVE

2008/124/EC

of 18 December 2008

limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’

(Codified version)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed(1), and in particular Article 3(3) thereof,
Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants(2), and in particular Article 3(3) thereof,
Whereas:
(1) Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’(3) has been substantially amended several times(4). In the interests of clarity and rationality the said Directive should be codified, together with Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadow grass (
Poa pratensis
L.) to seed which has been officially certified as ‘basic seed’ or ‘certified seed’(5), by assembling them in a single text.
(2) Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants.
(3) Directive 2002/57/EC allows the marketing of basic seed, certified seed of all kinds and commercial seed of certain species of oil and fibre plants.
(4) Both Directives authorise the Commission to prohibit the marketing of seed unless it has been officially certified as ‘basic seed’ or ‘certified seed’.
(5) Member States are in a position to produce sufficient basic seed and certified seed to satisfy within the Community the demand for seed of some of the species referred to above with seed of those categories.
(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry.
(7) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B,
HAS ADOPTED THIS DIRECTIVE:

Article 1

1.   Member States shall provide that it shall not be permitted to place on the market seed of:

Poa pratensis L.

smooth-stalk meadowgrass

Vicia faba L. (partim)

field bean

Papaver somniferum L.

opium poppy

Agrostis gigantea Roth

redtop

Agrostis stolonifera L.

creeping bent grass

Phleum bertolonii DC

timothy

Poa palustris L.

swamp meadowgrass

Poa trivialis L.

rough-stalked meadowgrass

Lupinus albus L.

white lupin

Brassica juncea (L.) Czernj. et Cosson

brown mustard

Agrostis capillaris L.

brown top

Lotus corniculatus L.

birdsfoot trefoil

Medicago lupulina L.

black medick

Trifolium hybridum L.

alsike clover

Alopecurus pratensis L.

meadow foxtail

Arrhenatherum elatius (L.) Beauv. ex J. S. et K. B. Presl

tall oatgrass

Bromus catharticus Vahl

rescu grass

Bromus sitchensis Trin.

Alaska brome-grass

Lupinus luteus L.

yellow lupin

Lupinus angustifolius L.

blue lupin

Poa nemoralis L.

wood meadowgrass

Trisetum flavescens (L.) Beauv.

golden oatgrass

Phacelia tanacetifolia Benth.

California bluebell

Sinapis alba L.

white mustard

Agrostis canina L.

velvet bent

Festuca ovina L.

sheep’s fescue

Trifolium alexandrinum L.

Egyptian clover

Trifolium incarnatum L.

crimson clover

Trifolium resupinatum L.

Persian clover

Vicia sativa L.

common vetch

Vicia villosa Roth

hairy vetch

unless it has been officially certified as ‘basic seed’ or ‘certified seed’.
2.   Member States shall provide that it shall not be permitted to place on the market seed of:

Glycine max (L.) Merr.

soya bean

Linum usitatissimum L.

linseed

unless it has been officially certified as ‘basic seed’, ‘certified seed, first generation’ or ‘certified seed, second generation’.

Article 2

Directive 75/502/EEC and Directive 86/109/EEC, as amended by the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.

Article 3

This Directive shall enter into force on the 20th day following its publication in the
Official Journal of the European Union
.

Article 4

This Directive is addressed to the Member States.
Done at Brussels, 18 December 2008.
For the Commission
The President
José Manuel
BARROSO
(1)  
OJ 125, 11.7.1966, p. 2298/66
.
(2)  
OJ L 193, 20.7.2002, p. 74
.
(3)  
OJ L 93, 8.4.1986, p. 21
.
(4)  See Annex I, Part A.
(5)  
OJ L 228, 29.8.1975, p. 26
.

ANNEX I

PART A

Repealed Directives with list of the successive amendments
(referred to in Article 2)

Commission Directive 75/502/EEC

(OJ L 228, 29.8.1975, p. 26)

Commission Directive 86/109/EEC

(OJ L 93, 8.4.1986, p. 21)

Commission Directive 89/424/EEC

(OJ L 196, 12.7.1989, p. 50)

Commission Directive 91/376/EEC

(OJ L 203, 26.7.1991, p. 108)

PART B

List of time limits for transposition into national law
(referred to in Article 2)

Directive

Time limit for transposition

75/502/EEC

1 July 1976

86/109/EEC

1 July 1987 (Article 1)

1 July 1989 (Article 2)

1 July 1990 (Article 2a)

1 July 1991 (Articles 3 and 3a)

89/424/EEC

1 July 1990

91/376/EEC

1 July 1991

ANNEX II

Correlation table

Directive 75/502/EEC

Directive 86/109/EEC

This Directive

Article 1

Article 1(1)

Article 1(1)

 

Article 1(2)

Article 1(2)

 

Article 2

Article 1(1)

 

Article 2a

Article 1(1)

 

Article 3

Article 1(1)

 

Article 3a(1)

Article 1(1)

 

Article 3a(2) to (6)

Article 2

Article 4

Article 2

Article 3

Article 3

Article 5

Article 4

Annex I

Annex II

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