COMMISSION DIRECTIVE 2008/62/EC
of 20 June 2008
providing for certain derogations for acceptance of agricultural landraces and varieties which are
naturally adapted to the local and regional conditions and threatened by genetic erosion and for
marketing of seed and seed potatoes of those landraces and varieties
(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 22a(1)(b) thereof,
Having regard to Council Directive 66/402/EEC of 14 June
1966 on the marketing of cereal seed (2), and in particular
Article 22a(1)(b) thereof,
Having regard to Council Directive 2002/53/EC of 13 June
2002 on the common catalogue of varieties of agricultural
plant species (3), and in particular Article 4(6), Article 20(2)
and Article 21 thereof,
Having regard to Council Directive 2002/54/EC of 13 June
2002 on the marketing of beet seed (4), and in particular
Article 30(1)(b) thereof,
Having regard to Council Directive 2002/56/EC of 13 June
2002 on the marketing of seed potatoes (5), and in particular
Article 10(1) and Article 27(1)(b) thereof,
Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (6), and
in particular Article 27(1)(b) thereof,
Whereas:
(1) The questions of biodiversity and the conservation of
plant genetic resources have grown in importance in
recent years, as shown by different developments at international
and Community level. Examples include Council
Decision 93/626/EEC of 25 October 1993 concerning
the conclusion of the Convention on Biological
Diversity (7), Council Decision 2004/869/EC of
24 February 2004 concerning the conclusion, on
behalf of the European Community, of the International
Treaty on Plant Genetic Resources for Food and Agriculture
(8), Council Regulation (EC) No 870/2004 of
24 April 2004 establishing a Community programme
on the conservation, characterisation, collection and utilisation
of genetic resources in agriculture and repealing
Regulation (EC) No 1467/94 (9) and Council Regulation
(EC) No 1698/2005 of 20 September 2005 on support
for rural development by the European Agricultural Fund
for Rural Development (EAFRD) (10). Specific conditions
should be established under the Community legislation
governing the marketing of seed of agricultural plants,
namely Directives 66/401/EEC, 66/402/EEC,
2002/53/EC, 2002/54/EC, 2002/56/EC and
2002/57/EC, in order to take account of these issues.
(2) In order to ensure in situ conservation and the
sustainable use of plant genetic resources, landraces and
varieties which are naturally adapted to local and regional
conditions and threatened by genetic erosion (conservation
varieties) should be grown and marketed even
where they do not comply with the general requirements
as regards the acceptance of varieties and the marketing
of seed and seed potatoes. In order to achieve that
objective it is necessary to provide for derogations as
regards the acceptance of conservation varieties, for
inclusion in the national catalogues of varieties of agricultural
plant species as well as for the production and
marketing of seed and seed potatoes of those varieties.
21.6.2008 EN Official Journal of the European Union L 162/13
(1) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by
Commission Directive 2007/72/EC (OJ L 329, 14.12.2007, p. 37).
(2) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by
Commission Directive 2006/55/EC (OJ L 159, 13.6.2006, p. 13).
(3) OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
(OJ L 268, 18.10.2003, p. 1).
(4) OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive
2004/117/EC (OJ L 14, 18.1.2005, p. 18).
(5) OJ L 193, 20.7.2002, p. 60. Directive as last amended by
Commission Decision 2005/908/EC (OJ L 329, 16.12.2005, p. 37).
(6) OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive
2004/117/EC.
(7) OJ L 309, 13.12.1993, p. 1.
(8) OJ L 378, 23.12.2004, p. 1.
(9) OJ L 162, 30.4.2004, p. 18.
(10) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation
(EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).
(3) Those derogations should concern the substantive
requirements for the acceptance of a variety and the
procedural requirements provided for in Commission
Directive 2003/90/EC of 6 October 2003 setting out
implementing measures for the purposes of Article 7
of Council Directive 2002/53/EC as regards the characteristics
to be covered as a minimum by the examination
and the minimum conditions for examining certain
varieties of agricultural plant species (1).
(4) Member States should, in particular, be authorised to
adopt their own provisions as regards distinctness,
stability and uniformity. These provisions should, as
regards distinctness and stability, at least be based on
the characteristics listed in the technical questionnaire
to be completed by the applicant in connection with
the application for the variety acceptance as referred to
in Annexes I and II to Directive 2003/90/EC. Where
uniformity is established on the basis of off-types, the
provisions should be based on defined standards.
(5) The procedural requirements should be provided for
under which a variety may be accepted without official
examination. Furthermore, as regards the denomination,
it is necessary to provide for certain derogations from the
requirements laid down in Directive 2002/53/EC and
Commission Regulation (EC) No 930/2000 of 4 May
2000 establishing implementing rules as to the suitability
of the denominations of varieties of agricultural plant
species and vegetable species (2).
(6) As regards the production and marketing of seed and
seed potatoes of conservation varieties, a derogation
from official certification should be provided for.
(7) To ensure that the marketing of seed and seed potatoes
of conservation varieties takes place in the context of the
conservation of plant genetic resources, restrictions
should be provided for, in particular regarding the
region of origin. In order to contribute to the conservation
in situ and to the sustainable use of those
varieties, Member States should have the possibility to
approve additional regions where seed exceeding the
quantities necessary to ensure the conservation of the
variety concerned in its region of origin may be
marketed provided that those additional regions are
comparable as regards natural and semi-natural
habitats. To ensure that the link with the region of
origin is preserved, this should not apply where a
Member State has approved additional regions of
production.
(8) Maximum quantities should be fixed for the marketing of
each conservation variety within one species and a total
quantity for all conservation varieties within one species
together. To make sure that these quantities are
respected, Member States should require producers to
notify the quantities of conservation varieties they
intend to produce and should allocate the quantities to
producers.
(9) The traceability of seed and seed potatoes should be
ensured through appropriate sealing and labelling
requirements.
(10) To ensure that the rules provided for in this Directive are
correctly applied, seed crops should be monitored, seed
should be tested and official post control carried out.
Amounts of seed of conservation varieties placed on
the market should be reported by the suppliers to the
Member States and by the Member States to the
Commission.
(11) After three years the Commission should assess whether
the measures provided for in this Directive, in particular
the provisions concerning quantitative restrictions, are
effective.
(12) 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,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
1. As regards the agricultural species covered by Directives
66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/56/EC and
2002/57/EC, this Directive lays down certain derogations in
relation to the conservation in situ and the sustainable use of
plant genetic resources through growing and marketing:
(a) for acceptance for inclusion in the national catalogues of
varieties of agricultural plant species, as provided for in
Directive 2002/53/EC, of landraces and varieties which are
naturally adapted to the local and regional conditions and
threatened by genetic erosion;
L 162/14 EN Official Journal of the European Union 21.6.2008
(1) OJ L 254, 8.10.2003, p. 7. Directive as last amended by Directive
2007/48/EC (OJ L 195, 27.7.2007, p. 29).
(2) OJ L 108, 5.5.2000, p. 3. Regulation as last amended by Regulation
(EC) No 920/2007 (OJ L 201, 2.8.2007, p. 3).
(b) for the marketing of seed and seed potatoes of such
landraces and varieties.
2. Unless otherwise provided in this Directive, Directives
66/401/EEC, 66/402/EEC, 2002/53/EC, 2002/54/EC,
2002/56/EC and 2002/57/EC shall apply.
Article 2
Definitions
For the purposes of this Directive the following definitions shall
apply:
(a) ‘conservation in situ’ means the conservation of genetic
material in its natural surroundings and, in the case of
cultivated plant species, in the farmed environment where
they have developed their distinctive properties;
(b) ‘genetic erosion’ means loss of genetic diversity between and
within populations or varieties of the same species over
time, or reduction of the genetic basis of a species due to
human intervention or environmental change;
(c) ‘landrace’ means a set of populations or clones of a plant
species which are naturally adapted to the environmental
conditions of their region;
(d) ‘seed’ means seed and seed potatoes, unless seed potatoes
are expressly excluded.
CHAPTER II
ACCEPTANCE OF CONSERVATION VARIETIES
Article 3
Conservation variety
Member States may accept in the national catalogues of varieties
of agricultural plant species the landraces and varieties referred
to in Article 1(1)(a) subject to the requirements provided for in
Articles 4 and 5. Such landraces or varieties shall be referred to
in the common catalogue of varieties of agricultural plant
species as ‘conservation varieties’.
Article 4
Substantive requirements
1. In order to be accepted as a conservation variety, a
landrace or variety referred to in Article 1(1)(a) shall present
an interest for the conservation of plant genetic resources.
2. By way of derogation from Article 1(2) of Directive
2003/90/EC, Member States may adopt their own provisions
as regards distinctness, stability and uniformity of conservation
varieties.
In such cases Member States shall ensure that for distinctness
and stability at least the characteristics shall apply which are
referred to in:
(a) the technical questionnaires associated with the test
protocols of the Community Plant Variety Office (CPVO)
listed in Annex I to Directive 2003/90/EC, which applies
to those species, or
(b) the technical questionnaires of the guidelines of the International
Union for the Protection of New Varieties of Plants
(UPOV) listed in Annex II to Directive 2003/90/EC, which
applies to those species.
For the assessment of uniformity, Directive 2003/90/EC shall
apply.
However, if the uniformity level is established on the basis of
off-types, a population standard of 10 % and an acceptance
probability of at least 90 % shall be applied.
Article 5
Procedural requirements
By way of derogation from the first sentence of Article 7(1) of
Directive 2002/53/EC, no official examination shall be required
if the following information is sufficient for the decision on the
acceptance of the conservation varieties:
(a) the description of the conservation variety and its
denomination;
(b) the results of unofficial tests;
(c) knowledge gained from practical experience during cultivation,
reproduction and use, as notified by the applicant
to the Member State concerned;
(d) other information, in particular from the plant genetic
resource authorities or from organisations recognised for
this purpose by the Member States.
21.6.2008 EN Official Journal of the European Union L 162/15
Article 6
Exclusion of acceptance
A conservation variety shall not be accepted for inclusion in the
national catalogues of varieties if:
(a) it is already listed in the common catalogue of varieties of
agricultural plant species as a variety other than a conservation
variety, or it was deleted from the common catalogue
within the last two years, or within the last two years from
the expiry of the period granted under Article 15(2) of
Directive 2002/53/EC, or
(b) it is protected by a Community plant variety right as
provided for in Council Regulation (EC) No 2100/94 (1),
or by a national plant variety right, or an application for
such a right is pending.
Article 7
Denomination
1. With respect to denominations of conservation varieties
which were known before 25 May 2000, Member States may
permit derogations from Regulation (EC) No 930/2000, except
where such derogations would violate prior rights of a third
party which is protected under Article 2 of that Regulation.
2. Notwithstanding Article 9(2) of Directive 2002/53/EC,
Member States may accept more than one name for a variety
if the names concerned are historically known.
Article 8
Region of origin
1. When a Member State accepts a conservation variety, it
shall identify the region or regions in which the variety has
historically been grown and to which it is naturally adapted,
hereinafter ‘region of origin’. It shall take into account information
from plant genetic resource authorities or from organisations
recognised for that purpose by the Member States.
Where the region of origin is located in more than one Member
States, it shall be identified by all Member States concerned by
common accord.
2. The Member State or Member States performing the identification
of the region of origin shall notify the identified
region to the Commission.
Article 9
Maintenance
Member States shall ensure that a conservation variety must be
maintained in its region of origin.
CHAPTER III
SEED PRODUCTION AND MARKETING
Article 10
Certification
1. By way of derogation from the certification requirements
provided for in Article 3(1) of Directive 66/401/EEC,
Article 3(1) of Directive 66/402/EEC, Article 3(1) of Directive
2002/54/EC, Article 3(1) of Directive 2002/56/EC and
Article 3(1) of Directive 2002/57/EC, Member States may
provide that seed of a conservation variety may be placed on
the market if it complies with paragraphs 2, 3 and 4 of this
Article.
2. The seed shall descend from seed produced according to
well defined practices for maintenance of the variety.
3. The seed, except seed of Oryza sativa, shall comply with
the requirements for certification of certified seed provided for
in Directives 66/401/EEC, 66/402/EEC, 2002/54/EC,
2002/56/EC and 2002/57/EC, with the exception of the
requirements in respect of minimum varietal purity and the
requirements concerning official examination or examination
under official supervision.
Seed of Oryza sativa shall comply with the requirements for
certification of ‘certified seed, second generation’ provided for
in Directive 66/402/EEC, with the exception of the requirements
in respect of minimum varietal purity and the requirements
concerning official examination or examination under official
supervision.
The seed shall have sufficient varietal purity.
4. As regards seed potatoes, Member States may provide that
Article 10 of Directive 2002/56/EC concerning the size shall
not apply.
Article 11
Region of seed production
1. Member States shall ensure that seed of a conservation
variety may only be produced in the region of origin.
L 162/16 EN Official Journal of the European Union 21.6.2008
(1) OJ L 227, 1.9.1994, p. 1.
If the conditions for certification provided for in Article 10(3)
cannot be fulfilled in that region, due to a specific environmental
problem, Member States may approve additional regions for
seed production taking into account information from plant
genetic resource authorities or from organisations recognised
for this purpose by the Member States. However, seed
produced in those additional regions may be used exclusively
in the regions of origin.
2. Member States shall notify to the Commission and to the
other Member States the additional regions which they intend
to approve for seed production pursuant to paragraph 1.
The Commission and the other Member States may, within 20
working days from receipt of those notifications, request the
matter to be referred to the Standing Committee on Seeds
and Propagating Material for Agriculture, Horticulture and
Forestry. A decision shall be taken in accordance with
Article 22a(1)(b) of Directive 66/401/EEC, Article 22a(1)(b) of
Directive 66/402/EEC, Article 4(6), Article 20(2) and Article 21
of Directive 2002/53/EC, Article 30(1)(b) of Directive
2002/54/EC, Article 10(1) and Article 27(1)(b) of Directive
2002/56/EC and Article 27(1)(b) of Directive 2002/57/EC, as
appropriate,to lay down, if necessary, restrictions or conditions
for the designation of such regions.
If neither the Commission nor other Member States make a
request under the second subparagraph, the Member State in
question may approve the additional regions for seed
production as notified.
Article 12
Seed testing
1. Member States shall ensure that tests are carried out to
check that seed of conservation varieties complies with the
certification requirements provided for in Article 10(3).
Such tests shall be carried out in accordance with current international
methods, or, where such methods do not exist, in
accordance with any appropriate methods.
2. For the tests referred to in paragraph 1, Member States
shall ensure that samples are drawn from homogeneous lots.
They shall ensure that the rules on lot weight and sample
weight provided for in Article 7(2) of Directive 66/401/EEC,
Article 7(2) of Directive 66/402/EEC, Article 9(2) of Directive
2002/54/EC and Article 9(2) of Directive 2002/57/EC are
applied.
Article 13
Marketing conditions
1. Member States shall ensure that seed of a conservation
variety may only be marketed subject to the following
conditions:
(a) it has been produced in its region of origin or in a region
referred to in Article 11;
(b) marketing takes place in its region of origin.
2. By way of derogation from paragraph 1(b), a Member
State may approve additional regions in its own territory for
the marketing of seed of a conservation variety provided that
those regions are comparable to the region of origin as regards
the natural and semi-natural habitats of that variety.
Where Member States approve such additional regions, they
shall ensure that the amount of seed necessary for the
production of at least the quantity of seed referred to in
Article 14 is reserved to conserve the variety in its region of
origin.
The Member States shall inform the Commission and the other
Member States of the approval of such additional regions.
3. Where a Member State approves additional regions for
seed production in accordance with Article 11, it shall not
use the derogation provided for in paragraph 2 of this Article.
Article 14
Quantitative restrictions
Each Member State shall ensure that, for each conservation
variety, the quantity of seed marketed does not exceed 0,5 %
of the seed of the same species used in that Member State in
one growing season, or a quantity necessary to sow 100 ha,
whichever is the greater quantity. For the species Pisum sativum,
Triticum spp., Hordeum vulgare, Zea mays, Solanum tuberosum,
Brassica napus and Helianthus annuus, that percentage shall not
exceed 0,3 %, or a quantity necessary to sow 100 ha, whichever
is the greater quantity.
However, the total quantity of seed of conservation varieties
marketed in each Member State shall not exceed 10 % of the
seed of the species concerned used yearly in the Member State.
In cases where this leads to a quantity lower than necessary to
sow 100 ha, the maximum amount of seed of the species
concerned used yearly in the Member State may be increased
so that to reach the quantity necessary to sow 100 ha.
21.6.2008 EN Official Journal of the European Union L 162/17
Article 15
Application of quantitative restrictions
1. Member States shall ensure that producers notify them
before the beginning of each production season of the size
and the location of the area for the seed production.
2. If, based on the notifications referred to in paragraph 1,
the quantities laid down in Article 14 are likely to be exceeded,
Member States shall allocate to each producer concerned the
quantity it may market in the respective production season.
Article 16
Monitoring of seed crops
Member States shall ensure by official monitoring that the seed
crops of a conservation variety comply with the provisions of
this Directive, paying particular attention to the variety,
locations of the seed production and quantities.
Article 17
Sealing of packages and containers
1. Member States shall ensure that seed of conservation
varieties may be marketed only in closed packages or containers
bearing a sealing device.
2. Seed packages and containers shall be sealed by the
supplier in such a manner that they cannot be opened
without damaging the sealing system or leaving evidence of
tampering on the supplier’s label, or on the package or
container.
3. In order to ensure sealing in accordance with paragraph 2,
the sealing system shall comprise at least the label or the
affixing of a seal.
Article 18
Labelling
Member States shall ensure that packages or containers of seed
of conservation varieties bear a supplier’s label or a printed or
stamped notice including the following information:
(a) the words ‘EC rules and standards’;
(b) the name and address of the person responsible for affixing
the labels or his identification mark;
(c) the year of sealing expressed as: ‘sealed…’ (year), or, except
for seed potatoes, the year of the last sampling for the
purposes of the last testing of germination expressed as:
‘sampled…’ (year);
(d) the species;
(e) the denomination of the conservation variety;
(f) the words ‘conservation variety’;
(g) the region of origin;
(h) where the region of seed production is different from the
region of origin, the indication of the region of seed
production;
(i) the reference number of the lot given by the person
responsible for affixing the labels;
(j) the declared net or gross weight, or, except for seed potato,
declared number of seeds;
(k) where weight is indicated and granulated pesticides,
pelleting substances or other solid additives are used, the
nature of the chemical treatment or additive and the
approximate ratio between the weight of clusters of pure
seeds and the total weight, except for seed potatoes.
Article 19
Official post control
The Member States shall ensure that seed is subject to official
post control by random inspections to verify its varietal identity
and varietal purity.
CHAPTER IV
GENERAL AND FINAL PROVISIONS
Article 20
Reporting
The Member States shall ensure that suppliers operating in their
territory report for each production season the amount of seed
of each conservation variety placed on the market.
The Member States shall report on request to the Commission
and to the other Member States the amount of seed of each
conservation variety placed on the market in their territory.
Article 21
Notification of the recognised organisations of plant
genetic resources
Member States shall notify to the Commission the recognised
organisations referred to in Articles 5(d), 8(1) and 11(1).
L 162/18 EN Official Journal of the European Union 21.6.2008
Article 22
Evaluation
By 31 December 2011 the Commission shall evaluate the
implementation of Articles 4, 13(2), 14 and 15.
Article 23
Transposition
1. Member States shall bring into force, by 30 June 2009 at
the latest, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.
When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.
Article 24
Entry into force
This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.
Article 25
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 20 June 2008.
For the Commission
Androulla VASSILIOU
Member of the Commission
21.6.2008 EN Official Journal of the European Union L 162/19
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