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Commission Directive 2009/74/ECShow full title

Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (Text with EEA relevance)

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PART D

Annexes I, II and III to Directive 2002/57/EC are replaced by the following:

ANNEX I CONDITIONS TO BE SATISFIED BY THE CROP

1.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.

In the case of hybrids of Brassica napus, the crop shall be raised in a production ground where five years have elapsed since plants of Brassicaceae (Cruciferae) were last grown.

2.The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:

CropMinimum distance
Brassica spp. other than Brassica napus, Cannabis sativa other than monoecious Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. other than hybrids of Gossypium hirsutum and/or Gossypium barbadense, Sinapis alba:
for the production of basic seed,
400 m
for the production of certified seed,
200 m
Brassica napus:
for the production of basic seed of varieties other than hybrids,
200 m
for the production of basic seed of hybrids,
500 m
for the production of certified seed of varieties other than hybrids,
100 m
for the production of certified seed of hybrids,
300 m
Cannabis sativa, monoecious Cannabis sativa:
for the production of basic seed,
5 000 m
for the production of certified seed,
1 000 m
Helianthus annuus:
for the production of basic seed of hybrids,
1 500 m
for the production of basic seed of varieties other than hybrids,
750 m
for the production of certified seed,
500 m
Gossypium hirsutum and/or Gossypium barbadense:
for the production of basic seed of parental lines of Gossypium hirsutum,
100 m
for the production of basic seed of parental lines of Gossypium barbadense,
200 m
for the production of certified seed of non-hybrid varieties and intraspecific hybrids of Gossypium hirsutum produced without Cytoplasmic Male Sterility (CMS),
30 m
for the production of certified seed of intraspecific hybrids of Gossypium hirsutum produced with CMS,
800 m
for the production of certified seed of non-hybrid varieties and intraspecific hybrids of Gossypium barbadense produced without CMS,
150 m
for the production of certified seed of intraspecific hybrids of Gossypium barbadense produced with CMS,
800 m
for the production of basic seed of fixed interspecific hybrids of Gossypium hirsutum and Gossypium barbadense,
200 m
for the production of certified seed of fixed interspecific hybrids of Gossypium hirsutum and Gossypium barbadense and hybrids produced without CMS,
150 m
for the production of certified seed of hybrids of Gossypium hirsutum and Gossypium barbadense produced with CMS,
800 m

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, sufficient identity and purity as regards its characteristics.

For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or restoration of fertility.

In particular, crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. and hybrids of Helianthus annuus and Brassica napus shall conform to the following other standards or conditions:

A.

Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi and Gossypium spp. other than hybrids:

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:
i)inbred lines
0,2 %
(ii)simple hybrids:
male parent, plants which have shed pollen while 2 % or more of the female plants have receptive flowers,
0,2 %
female parent,
0,5 %
(bb)for the production of certified seed:
male component, plants which have shed pollen while 5 % or more of the female plants have receptive flowers,
0,5 %
female component,
1,0 %
(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;

C.

Hybrids of Brassica napus, produced using the male sterility:

(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
(i)inbred lines
0,1 %
(ii) simple hybrids
male component,
0,1 %
female component,
0,2 %
(bb) for the production of certified seed
male component,
0,3 %
female component,
1,0 %
(b)

Male sterility shall be at least 99 % for the production of basic seed and 98 % for the production of certified seed. The level of male sterility shall be assessed by examining flowers for the absence of fertile anthers;

D.

Hybrids of Gossypium hirsutum and Gossypium barbadense:

(a)

in crops to produce basic seed of parental lines of Gossypium hirsutum and Gossypium barbadense, the minimum varietal purity of both the female and male parental lines shall be 99,8 % when 5 % or more of seed-bearing plants have pollen receptive flowers. The level of male sterility of the seed-bearing parent line shall be assessed by examining the flowers for the presence of sterile anthers and shall not be less than 99,9 %

(b)

in crops to produce certified seed of hybrid varieties of Gossypium hirsutum and/or Gossypium barbadense, the minimum varietal purity of both the seed-bearing parent and the pollen parent line shall be 99,5 % when 5 % or more of seed-bearing plants have pollen receptive flowers. The level of male sterility of the seed-bearing parent line shall be assessed by examining the flowers for the presence of sterile anthers and shall not be less than 99,7 %.

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 other standards or 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 Helianthus annuus, Brassica napus, Gossypium hirsutum and Gossypium barbadense, there shall be at least one inspection.

In the case of hybrids of Helianthus annuus there shall be at least two inspections.

In the case of hybrids of Brassica napus there shall be at least three inspections: the first shall be made before the flowering stage, the second at the early flowering stage and the third at the end of the flowering stage.

In the case of hybrids of Gossypium hirsutum and/or Gossypium barbadense there shall be at least three inspections: the first shall be made at the early flowering stage, the second before the end of the flowering stage and the third at the end of the flowering stage after removal, where appropriate, of the pollen parent plants.

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 II CONDITIONS TO BE SATISFIED BY THE SEED

I.BASIC AND CERTIFIED SEED

1.The seed shall have sufficient varietal identity and varietal purity. In particular, seeds of the species listed below shall conform to the following other standards or conditions:
Species and categoryMinimum varietal purity(%)
Arachis hypogaea:
basic seed,
99,7
certified seed,
99,5
Brassica napus other than hybrids, other than varieties to be used solely for fodder purposes, Brassica rapa, other than varieties to be used solely for fodder purposes
basic seed,
99,9
certified seed,
99,7
Brassica napus spp. other than hybrids, varieties to be used solely for fodder purposes, Brassica rapa, varieties to be used solely for fodder purposes, Helianthus annuus, other than hybrid varieties including their components, Sinapis alba:
basic seed,
99,7
certified seed,
99,0
Glycine max:
basic seed,
99,5
certified seed,
99,0
Linum usitatissimum:
basic seed,
99,7
certified seed, 1st generation,
98,0
certified seed, 2nd and 3rd generations,
97,5
Papaver somniferum:
basic seed,
99,0
certified seed,
98,0

The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.

2.In the case of hybrids of Brassica napus produced using male sterility the seed shall conform with the conditions and standards set out in points (a) to (d).
(a)

The seed shall have sufficient identity and purity as regards the varietal characteristics of its components, including male sterility or restoration of fertility;

(b)

The minimum varietal purity of the seed shall be:

— basic seed, female component,

99,0 %

— basic seed, male component,

99,9 %

— certified seed,

90,0 %

(c)

Seed shall not be certified as certified seed unless due account has been taken of the results of official post-control plot tests on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as certified seed to ascertain whether the basic seed has met the requirements for basic seed laid down in respect of identity as regards the characteristics of the components, including male sterility, and the standards for basic seed laid down in respect of the minimum varietal purity laid down in point (b).

In the case of basic seed of hybrids, the varietal purity may be assessed by appropriate biochemical methods;

(d)

The compliance with the standards of the minimum varietal purity laid down in point (b) in respect of certified seed of hybrids shall be monitored by official post-control tests on an appropriate proportion of samples taken officially. Appropriate biochemical methods may be utilised.

3.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 Helianthus annuus 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.
4.The seed shall conform to the following other standards or conditions as regards germination, analytical purity and content of seeds of other plant species including Orobanche spp.:
A.

Table:

Species and categoryMinimum-germination(% of pure seed)Analytical purityMaximum content by number of seeds of other plant species in a sample of the weight specified in column 4 of Annex III(total per column)Conditions as regards content of Orobanche seeds
Minimum analytical purity(% by weight)Maximum content of seeds of other plant species(% by weight)Other plan species (a) Avena fatua, Avena sterilis Cuscuta spp. Raphanus raphanistrum Rumex spp. other than Rumex acetosella Alopecurus myosuroides Lolium remotum
123456789101112
Arachis hypogaea7099500 (c)
Brassica spp.
basic seed,
85980,300 (c) (d)102
certified seed,
85980,300 (c) (d)105
Cannabis sativa759830 (b)00 (c)(e)
Carthamus tinctorius7598500 (c)(e)
Carum carvi709725 (b)00 (c) (d)103
Glycine max8098500 (c)
Gossypium spp.80981500 (c)
Helianthus annuus8598500 (c)
Linum usitatissimum:
flax,
92991500 (c) (d)42
linseed,
85991500 (c) (d)42
Papaver somniferum809825 (b)00 (c) (d)
Sinapis alba:
basic seed,
85980,300 (c) (d)102
certified seed,
85980,300 (c) (d)105
B.

Other standards or conditions applicable where reference is made to them in the table under Section I(4)(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 plant 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.

5.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 other standards or conditions:
A.

Table:

SpeciesHarmful organisms
Maximum percentage by number of seeds contaminated by harmful organisms(total per column) Sclerotinia sclerotiorum (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 4 of Annex III)
Botrytis spp. Alternaria linicola, Phoma exigua var. linicola, Colletotrichum linicola, Fusarium spp. Platyedra gossypiella
12345
Brassica napus10 (b)
Brassica rapa5 (b)
Cannabis sativa5
Gossypium spp.1
Helianthus annuus510 (b)
Linum usitatissimum55 (a)
Sinapis alba5 (b)
B.

Other standards or conditions applicable where reference is made to them in the table under Section I(5)(A) of this Annex:

(a)

in Linum usitatissimum – flax, the maximum percentage by number of seeds contaminated by Phoma exigua var. 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 5 000 seeds minimum per lot subdivided into 5 sub-samples which have been found to be contaminated by the said organism shall not exceed 4;

where suspect colonies are identified in all five sub-samples, 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 var. 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 SEED

With the exception of Section 1, the conditions referred to in Annex II(I) shall apply to commercial seed.

ANNEX III

LOT AND SAMPLE WEIGHTS

SpeciesMaximum weight of a lot(tonnes)Minimum weight of a sample to be drawn from a lot(grams)Weight of the sample for the determinations by number provided for in columns 5 to 11 of Annex II(I)(4)(A) and in column 5 of Annex II(I)(5)(A)(grams)
1234
Arachis hypogaea301 0001 000
Brassica juncea1010040
Brassica napus10200100
Brassica nigra1010040
Brassica rapa1020070
Cannabis sativa10600600
Carthamus tinctorius25900900
Carum carvi1020080
Glycine max301 0001 000
Gossypium spp.251 0001 000
Helianthus annuus251 0001 000
Linum usitatissimum10300150
Papaver somniferum105010
Sinapis alba10400200

The maximum lot weight shall not be exceeded by more than 5 %.

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