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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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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.

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