Council Directive 78/692/EEC of 25 July 1978 amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 68/193/EEC, 69/208/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, material for the vegetative propagation of the vine, seed of oil and fibre plants and vegetable seed

1978L0692 — EN — 09.08.2002 — 001.001

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Amended by:

COUNCIL DIRECTIVE

of 25 July 1978

amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 68/193/EEC, 69/208/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, material for the vegetative propagation of the vine, seed of oil and fibre plants and vegetable seed

(78/692/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Economic and Social Committee (2),

Whereas, for the reasons given below, certain Directives on the marketing of seeds and propagating material should be amended;

Whereas the present provisions of the Directives relating to the sealing and marking of seeds and propagating material do not take into account technical progress in the sphere of packaging materials, sealing systems and labelling methods; whereas they should therefore be brought up to date;

Whereas, in the case of seed potatoes also, samples for the examination of the tubers for certification should be taken officially in accordance with appropriate methods,

HAS ADOPTED THIS DIRECTIVE:

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Article 2

Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (3), as last amended by Directive 78/386/EEC (4), shall be amended as follows:

• 1.Article 9 (1) shall be replaced by the following: ‘1.  Member States shall require that packages of basic seed, certified seed and commercial seed, except where seed of the two latter categories takes the form of small EEC B packages, 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 10 (1) or the package. In order to ensure sealing, the sealing system shall comprise at least either the abovementioned label or the affixing of an official seal. The measures provided for in the second subparagraph shall not be necessary where a non-reusable sealing system is used. In accordance with the procedure laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph.’

• 2.In the first sentence of Article 9 (2), the words ‘or under official supervision’ shall be inserted after ‘officially’.

• 3.Article 9 (3) shall be replaced by the following: ‘3.  The Member States shall require that small EEC B packages be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the label or package. In accordance with the procedure laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph. Packages shall not be resealed on one or more occasions except under official supervision.’

• 4.In Article 14 (3) (c), the following particulars shall be added after the indent ‘lot reference number’ : ‘—month and year of sealing, or —month and year of the last official sampling for the purposes of certification.’

• 5.In Annex IV (A) (I), the following shall be added under (a): ‘3. (a) month and year of sealing expressed thus: “sealed …” (month and year), or month and year of the last official sampling for the purposes of certification expressed thus: “sampled …” (month and year).’

• 6.In Annex IV (A) (I), the following shall be added under (b): ‘4a. month and year of sealing expressed thus: “sealed …” (month and year), or month and year of the last official sampling for the purposes of certification expressed thus: “sampled …” (month and year).’

• 7.In Annex IV (A) (I), the following shall be added under (c): ‘3. (a) month and year of sealing expressed thus: “sealed …” (month and year),’

Article 3

Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (5), as last amended by Directive 78/387/EEC (6), shall be amended as follows:

• 1.Article 9 (1) shall be replaced by the following: ‘1.  The Member States shall require that packages of basic seed and certified seed of all categories be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the sealing system or without leaving evidence of tampering on either the official label provided for in Article 10 (1) or the package. In order to ensure sealing, the sealing system shall comprise at least either the abovementioned 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 laid down in Article 21, it may be established whether a particular sealing system complies with the provisions of this paragraph.’

• 2.In the first sentence of Article 9 (2), the words ‘or under official supervision’ shall be inserted after ‘officially’.

• 3.In Article 14 (3) (c), the following shall be added after the indent ‘lot reference number’ : ‘—month and year of sealing, or —month and year of the last official sampling for the purposes of certification.’

• 4.In Annex IV (A), the following shall be added under (a): ‘3a. month and year of sealing expressed thus: “sealed …” (month and year), or month and year of the last official sampling for the purposes of certification expressed thus: “sampled …” (month and year).’

• 5.In Annex IV (A), the following is added under (b): ‘3a. month and year of sealing expressed thus: “sealed …” (year and month).’

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Article 5

Article 9 of Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine ([7](#E0011)), as last amended by Directive 78/55/EEC shall be replaced by the following:

‘Article 9

The Member States shall require that packages and bundles of propagation material be sealed in such a manner that they cannot be opened without damaging the sealing system or leaving evidence of tampering on either the label provided for in Article 10 (1) or — in the case of packages — on the package. They shall also bear a lead or equivalent sealing device attached by the person responsible for attaching the labels. In accordance with the procedure laid down in Article 17 it may be established whether a particular sealing system complies with the provisions of this Article. Packages shall not be resealed on one or more occasions except under official supervision.’

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Article 8

The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with:

• —Articles 1 to 4, 6 and 7 on or before 1 July 1977, —and

• —all the other provisions of this Directive on or before 1 July 1979.

Article 9

This Directive is addressed to the Member States.

(1) OJ No C 183, 1. 8. 1977, p. 64.

(2) OJ No C 180, 28. 7. 1977, p. 29.

(3) OJ No 125, 11. 7. 1966, p. 2298/66.

(4) OJ No L 113, 25. 5. 1978, p. 1.

(5) OJ No 125, 11. 7. 1966, p. 2309/66.

(6) OJ No L 113, 25. 4. 1978, p. 13.

(7) OJ No L 93, 17. 4. 1968, p. 15.