Avis juridique important

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31982L0319

Commission Directive 82/319/EEC of 2 April 1982 adapting to technical progress Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles

Official Journal L 139 , 19/05/1982 P. 0017 - 0031 Finnish special edition: Chapter 13 Volume 12 P. 0025  Spanish special edition: Chapter 13 Volume 12 P. 0170  Swedish special edition: Chapter 13 Volume 12 P. 0025  Portuguese special edition Chapter 13 Volume 12 P. 0170

COMMISSION DIRECTIVE of 2 April 1982 adapting to technical progress Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (82/319/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2), and in particular Article 11 thereof,  Having regard to Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (3), as last amended by Directive 81/576/EEC (4), and in particular Article 10 thereof,  Whereas, in the interests of road safety, the Council, by Directive 81/576/EEC, extended the scope of Directive 77/541/EEC, which until then had been limited to vehicles of Category M1 as defined in Annex I to Directive 70/156/EEC, to cover all classes of motor vehicles ; whereas this extension of scope had been made possible by the technical progress which had been achieved in the meantime ; whereas implementation of this measure will, however, necessitate the alignment of the requirements and tests specified in the Directive with the enlarged scope ; whereas experience gained in applying the Directive has revealed a need for certain provisions to be brought more into line with actual test conditions;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the removal of technical barriers to trade in motor vehicles,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annexes I, III, VI, VII, VIII, IX, X and XIV to Directive 77/541/EEC are hereby amended in accordance with the Annex to this Directive.   Article 2 1. With effect from 1 October 1982 no Member State may:   (a)  on grounds relating to safety belts and restraint systems:  - refuse to grant EEC type-approval, to issue the certificate referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type-approval in respect of a type of motor vehicle of category M1, or   - prohibit the entry into service of vehicles of category M1,     if the safety belts and restraint systems of this type of vehicle or of these vehicles comply with the requirements of Directive 77/541/EEC, as amended by this Directive;   (b)     -  refuse to grant EEC component type-approval in respect of a type of safety belt or restraint system intended for installation in a vehicle of category M1 which complies with the requirements of Directive 77/541/EEC, as amended by this Directive,   - prohibit the placing on the market of such safety belts and restraint systems which bear the EEC component type-approval marks prescribed in this Directive.  2. With effect from 1 October 1983 Member States: (a)     -  shall no longer issue the certificate referred to in the last indent of Article 10 (1) of  (1) OJ No L 42, 23.2.1970, p. 1. (2) OJ No L 375, 31.12.1980, p. 34. (3) OJ No L 220, 29.8.1977, p. 95. (4) OJ No L 209, 29.7.1981, p. 32.  Directive 70/156/EEC in respect of a type of motor vehicle of category M1, or   -  may refuse national type-approval in respect of a type of motor vehicle of category M1,  in which the safety belts and restraint system do not comply with the requirements of Directive 77/541/EEC, as amended by this Directive;   (b) may refuse to grant EEC component type-approval in respect of a type of safety belt or restraint system intended for installation in a vehicle of category M1 which does not comply with the requirements of Directive 77/541/EEC, as amended by this Directive.  3. With effect from 1 October 1990, Member States:  - may prohibit the initial entry into service of motor vehicles of category M1 in which the safety belts and restraint systems do not comply with the requirements of Directive 77/541/EEC, as amended by this Directive,   - may prohibit the placing on the market of safety belts and restraint systems intended for installation in a vehicle of category M1 and which do not bear the EEC component type-approval marks prescribed in this Directive.      Article 3 With effect from 1 October 1982 no Member State may:   (a)  on grounds relating to safety belts and restraint systems:  - refuse to grant EEC type-approval, to issue the certificate referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type-approval in respect of a type of motor vehicle in a category other than M1, or   - prohibit the entry into service of vehicles of such categories,     if the safety belts and restraint systems of this type of vehicle or of these vehicles comply with the requirements of Directive 77/541/EEC, as amended by this Directive;    (b)   -  refuse to grant EEC component type-approval in respect of a type of safety belt or restraint system intended for installation in vehicles in categories other than M1 which complies with the requirements of Directive 77/541/EEC, as amended by this Directive,  -  prohibit the placing on the market of safety belts and restraint systems intended for installation in vehicles of such categories which bear the EEC component type-approval marks prescribed in this Directive.   Article 4 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 September 1982. They shall forthwith inform the Commission thereof.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 2 April 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission     ANNEX Amendments to the Annexes to Directive 77/541/EEC   ANNEX I - SCOPE, DEFINITIONS, EEC COMPONENT TYPE-APPROVAL, INSTALLATION  REQUIREMENTS Item 0 shall read as follows:  "0. SCOPE  This Directive applies to safety belts and restraint systems which are designed for installation in vehicles conforming to the definition given in Article 9 and are intended for separate use, i.e. as individual fittings, by persons of adult build occupying forward-facing seats."  Item 1.1.3 shall read as follows:  "1.1.3. "three-point belt" means a belt which is essentially a combination of a lap strap and a diagonal strap;"  Items 1.1.4, 1.2.3, 1.6 and 1.7. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 1.5. The last sentence shall read as follows:  "The adjusting device may be part of the buckle, the retractor or any other part of the safety belt;"  After Item 1.8.4.2, the following new Item 1.8.5 shall be added:  "1.8.5. "Emergency-locking retractor with higher response threshold" (type 4N) means a retractor of the type defined in Item 1.8.4, but having special properties as regards use in vehicles of categories M2, M3, N1, N2 and N3 (1);"  After Item 1.19, the following new Items 1.20 and 1.21 shall be added:  "  1.20  "recessed buckle-release button" : it must not be possible to release the buckle using a sphere having a diameter of 40 mm;   1.21  "non-recessed buckle-release button" : it must be possible to release the buckle using a sphere having a diameter of 40 mm."  Item 2.1.2.1. The first sentence shall read as follows:  "A technical description in triplicate of the belt type, providing details of the straps and rigid parts used, together with appropriate drawings and, in the case of retractors, instructions for installation thereof and installation of the sensors."  Items 2.1.2.2, 2.1.2.3 and 2.1.2.4 shall read as follows:  "  2.1.2.2.  five samples of a belt type, and   2.1.2.3.  a 10-m length of each type of strap used in the type of belt.  2.1.2.4.  The technical service conducting the component type-approval tests shall be entitled to request further samples."  Item 2.4.1.2. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  " (1) Vehicle categories defined in Annex I to Directive 70/156/EEC (OJ No L 42, 23.2.1970)."   Item 2.4.1.4. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively. In the English version, the words "plastic parts" shall be replaced by the words "parts made of plastics".  Item 2.4.2.2. The second sentence of the third paragraph shall read as follows:  "The surface to which this pressure is applied must have the following dimensions with the button in the release position and when projected into a plane perpendicular to the button's initial direction of motion:"  Item 2.4.2.3 shall read as follows:  "2.4.2.3. The buckle must be capable of withstanding repeated operation and, before the dynamic test referred to in Item 2.7.8, must undergo 5 000 opening and closing cycles under normal conditions of use."  Item 2.4.5.2.1.1 shall read as follows:  "2.4.5.2.1.1. it shall have locked when the vehicle deceleration reaches a value of 0 745 g in the case of type 4 or 0 785 g in the case of type 4N retractors;"  Item 2.4.5.2.1.2 shall read as follows:  "2.4.5.2.1.2. it shall not lock at strap accelerations, measured in the direction of unreeling, of less than 0 78 g in the case of type 4 or less than 1 70 g in the case of type 4N retractors;"  Item 2.4.5.2.1.3 shall read as follows:  "2.4.5.2.1.3. in addition, it shall not lock when the sensor is inclined at an angle not exceeding 12º in any direction from the installation position specified by the manufacturer;"  Item 2.4.5.2.1.4 shall read as follows:  "2.4.5.2.1.4. it shall lock when the sensor is inclined at an angle of not less than 27º in the case of type 4 or not less than 40º in the case of type 4N retractors in any direction from the installation position specified by the manufacturer;"  After Item 2.4.5.2.1.4, the following new Item 2.4.5.2.1.5 shall be added:  "2.4.5.2.1.5. if operation of the retractor is dependent on an external signal or energy source, the device shall ensure automatic locking of the retractor in the event of the failure or interruption of the signal or energy source."  Item 2.4.5.2.2 shall read as follows:  "2.4.5.2.2. when tested in accordance with Item 2.7.7.2, an emergency locking retractor with multiple sensitivity, including strap-sensitivity, shall comply with the specified requirements and also lock when strap acceleration measured in the direction of unreeling is not less than 1 75 g in the case of type 4 or not less than 2 70 g in the case of type 4N retractors;"  Item 2.6. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 2.6.1.2 shall read as follows:  "2.6.1.2. The dynamic test shall be performed on two belt assemblies which have not previously been under load, except in the case of belt assemblies forming part of restraint systems, when the dynamic test shall be performed on the restraint systems intended for one group of seats which have not previously been under load. The buckles of the belts to be tested shall satisfy the requirements set out in Item 2.4.2.3."  Item 2.6.1.2.1 shall read as follows:  "2.6.1.2.1. The belts shall have undergone the corrosion test defined in Item 2.7.2, after which the buckles shall be subjected to a further 500 opening and closing cycles under normal conditions of use."  Item 2.6.1.2.2 shall read as follows:  "2.6.1.2.2. In the case of safety belts with retractors, the latter shall have been subjected to the tests described in Items 2.4.5.1 or 2.4.5.2. If, however, a retractor has already been subjected to the corrosion test pursuant to the provisions of Item 2.6.1.2.1, this test need not be repeated."  Item 2.6.1.3. The following new item shall be added after Item 2.6.1.2:  "  2.6.1.3.  During this test, the following requirements shall be met:  2.6.1.3.1. no part of a belt assembly or a restraint system securing the occupant shall break and no buckle or locking or displacement system shall unlock ; and   2.6.1.3.2. the forward displacement of the manikin shall be between 80 and 200 mm at pelvic level in the case of lap belts. In the case of other types of belt, the forward displacement shall be between 80 and 200 mm at pelvic level and between 100 and 300 mm at torso level. These displacements are the displacements in relation to the measurement points shown in Annex VIII, Figure 6."  Item 2.6.1.3 becomes Item 2.6.1.4.  Item 2.6.1.3.1 becomes Item 2.6.1.4.1.  Item 2.6.1.3.2 becomes Item 2.6.1.4.2 and shall read as follows:  "2.6.1.4.2. In vehicles where such devices are used, the displacement and locking systems enabling the occupants of all seats to leave the vehicle shall still be operable by hand after the dynamic test."  Item 2.6.2.1. The following shall be added:  "In the type 1 and type 2 procedures, the tensile-strength test shall be conducted on the strap samples only (Item 2.7.5). In type 3 procedures, the tensile-strength test shall be conducted on the strap and relevant rigid parts (Item 2.7.6)."  Item 2.6.2.2. In the table, the type 2 procedure shall not apply to adjusting devices.  Item 2.7.1.1 shall read as follows:  "2.7.1.1. Two belts or restraint systems are required for the buckle inspection, the low-temperature buckle test, the low-temperature test described in Item 2.7.6.4 where necessary, the buckle durability test, the belt corrosion test, the retractor operating tests and the buckle-opening test after the dynamic test. One of these two samples shall be used for the inspection of the belt or restraint system."  Item 2.7.1.2 shall read as follows:  "2.7.1.2. One belt or restraint system is required for the inspection of the buckle and the strength tests on the buckle, the attachment mountings, the belt adjusting devices and, where necessary, the retractors."  Item 2.7.1.3 shall read as follows:  "2.7.1.3. Two belts or restraint systems are required for the inspection of the buckle, the micro-slip test and the abrasion test. The belt adjustment device operating test shall be conducted on one of the two samples."  Item 2.7.1.4 shall read as the present Item 2.7.1.5.  Items 2.7.1.5 and 2.7.1.6 shall be deleted.  Item 2.7.2. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 2.7.3.2.1. The first sentence shall read as follows:  "The provisions of recommendation ISO/R 105-B 02-1978 shall apply."  Item 2.7.3.2.2 shall read as follows:  "2.7.3.2.2. The strap shall then be kept for a minimum of 24 hours at an air temperature of 20 ± 5 ºC and a relative humidity of 65 ± 5 %. If the test cannot be carried out immediately after the conditioning, the sample shall be kept in an hermetically sealed container until the start of the test. The tensile strength of the strap shall be determined within five minutes of its removal from the conditioning atmosphere or receptacle."  Item 2.7.3.6.4.2 shall read as follows:  "2.7.3.6.4.2. Type 2 procedure : in cases where the strap changes direction once on passing through a rigid part.  The angles which both straps ends make with each other must be as shown in Annex XII, Figure 2.  A permanent load of 0 75 daN must be applied. If the strap changes direction more than once on passing through a rigid part, the 0 75 daN load may be increased so as to achieve the prescribed 300 mm of strap movement through that rigid part."  Item 2.7.6. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 2.7.6.1 shall read as follows:  "2.7.6.1. The buckle and strap adjusting device must be connected to the tensile-testing machine by their normal attachments and a load of 980 daN must be applied. If the buckle or adjusting device is part of the attachment or of the common component of a three-point strap, the buckle or adjusting device must be tested together with the attachment in accordance with Item 2.7.6.2, except in the case of retractors with a return pulley at the upper strap anchorage. In this case the test load must be 980 daN and the length of strap remaining on the reel at the moment of locking must be as close as possible to 450 mm."  Item 2.7.6.3 shall read as follows:  "2.7.6.3. Two samples of a belt assembly shall be placed in a low-temperature chamber at a temperature of - 10 ± 1 ºC for two hours. Immediately after being removed from the chamber, the mating parts of the buckle shall be locked together manually."  Item 2.7.6.4. In the English version, the words "plastic parts" shall be replaced by the words "parts made of plastics".   Item 2.7.7.2.2. In the second sentence, the value of "10 g" shall be replaced by "25 g".  Item 2.7.7.4 shall read as follows:  "2.7.7.4. Retracting force".  Item 2.7.7.4.1. The first sentence shall begin as follows:  "The retracting force must ...".  The second sentence shall end as follows:  "..., while the strap is being retracted at a speed of approximately 0 76 m per minute."  In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 2.7.8. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 2.7.8.1.1 shall read as follows:  "2.7.8.1.1. If a safety belt forms part of an assembly which is the subject of an application for component type-approval as a restraint system, this safety belt must be mounted on that part of the vehicle structure to which it is normally fitted and that part must be attached to the test trolley as follows:"  Item 2.7.8.1.4. The last sentence shall read as follows:  "If the seat back is adjustable, it must be locked as specified by the manufacturer or, in the absence of any specification, locked in such a manner as to form an effective angle as close as possible to 25º in the case of vehicles in categories M1 and N1 and as close as possible to 15º in the case of vehicles of all other categories."  Item 2.7.8.1.5. "2.6.1.3.1" shall be replaced by "2.6.1.4.1".  Item 2.7.8.2 shall read as follows:  "2.7.8.2. The belt assembly must be attached to the manikin described in Annex VIII. A board 25 mm thick must be placed between the back of the manikin and the seat back. The belt must be firmly fastened around the manikin. The board must then be removed and the manikin so positioned that the whole length of its back is in contact with the seat back."  Item 2.7.8.6. "2.6.1.3.1" shall be replaced by "2.6.1.4.1".  Item 2.7.9. In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Item 2.7.9.2 shall read as follows:  "2.7.9.2. The belt assembly must be detached from the test-trolley without the buckle being opened. A direct tensile load of 30 daN must then be applied to the buckle. If the buckle is connected to a rigid part, account must be taken, when the force is applied, of the angle formed by the buckle and the rigid part during the dynamic test. At a speed of 400 ± 20 mm/min., a load must be applied to the geometric centre of the buckle-release button along a fixed axis running parallel to the initial direction of motion of the button. The buckle must be held in place by a rigid support when the force required to open the buckle is applied. The abovementioned load must not exceed the limit specified in Item 2.4.2.5. The point of contact of the test assembly must be spherical, with a radius of 2 75 ± 0 71 mm. It must have a smooth metal surface."  Item 2.7.9.3 shall be deleted.  Item 2.7.9.4 becomes Item 2.7.9.3.  Item 2.7.9.5 becomes Item 2.7.9.4.  Item 2.7.10. "2.6.1.3.1" shall be replaced by "2.6.1.4.1". In the French and Italian versions, the words "ensemble" and "complesso" shall be replaced by the words "ceinture" and "cintura" respectively.  Items 2.8.1.1 and 2.8.1.2 (d). The expression "belt assemblies" shall be replaced by "belts and restraint systems".  Item 2.8.1.4.1 shall read as follows:  "2.8.1.4.1. All belts and restraint systems incorporating an emergency-locking retractor must be checked in respect of their compliance with:  - the provisions of Item 2.4.5.2.1.1 in accordance with the test conditions defined in Item 2.4.5.2.3, or   - the provision set out in Item 2.4.5.2.1.4.     If the latter provision is fulfilled, at least 10 % of the production batch must also be tested in accordance with the provisions of Item 2.4.5.2.1.1."  Item 2.8.2.1. In the German version, the words "eine Anordnung" shall be replaced by "ein Exemplar". In the French version, the word "ensemble" shall be replaced by "exemplaire".  Item 3 shall read as follows:  "3. REQUIREMENTS CONCERNING INSTALLATION IN THE VEHICLE"  Item 3.2.2.2 shall read as follows:  "3.2.2.2. that the danger of a correctly positioned belt slipping from the shoulder of a wearer as a result of his/her forward movement is reduced to a minimum."   ANNEX III - EEC COMPONENT TYPE-APPROVAL MARKS Item 1.1.1. Add "GR" for Greece.  The following new Item 1.1.4 shall be added:  "1.1.4. Belts fitted with a type 4N retractor shall also bear a symbol consisting of a rectangle with a vehicle of category M1 crossed out, indicating that the use of this type of retractor is prohibited in vehicles of that category." >PIC FILE= "T0021513">    After Item 2.3, the following new Item 2.4 shall be added:  "2.4 >PIC FILE= "T0021514">       ANNEX VI - EXAMPLE OF AN APPARATUS FOR TESTING THE DUST RESISTANCE  OF RETRACTORS The existing diagram shall be replaced by that shown below: >PIC FILE= "T0021515">     ANNEX VII - DESCRIPTION OF TROLLEY, SEAT, ANCHORAGES AND STOPPING  DEVICE Item 2. The first sentence shall read as follows:  "Except in the case of tests on restraint systems, the seat shall be of rigid construction and present a smooth surface."  Item 3 shall read as follows:  "3. ANCHORAGES  The anchorages shall be positioned as shown in Figure 1. The circular marks which correspond to the arrangement of the anchorages, show where the ends of the belt are to be connected to the trolley or to the load transducer, as the case may be. The anchorages for normal use are the points A, B and K if the strap length between the upper edge of the buckle and the hole for the attachment of the strap support is not more than 250 mm. Otherwise, the points A1 and B1 shall be used. The structure carrying the anchorages shall be rigid. The upper anchorage must not be displaced by more than 0 72 mm in the longitudinal direction when a load of 98 daN is applied to it in that direction. The trolley shall be so constructed that no permanent deformation shall occur in the parts bearing the anchorages during the test.  If a fourth anchorage is necessary in order to attach the retractor, this anchorage:  - shall be located in the vertical longitudinal plane passing through K,   - shall enable the retractor to be tilted to the angle prescribed by the manufacturer,   - shall be located on the arc of a circle with centre K and with radius KB1 = 790 mm if the length between the upper strap guide and the strap outlet at the retractor is not less than 540 mm or, in all other cases, on the arc of a circle with centre K and radius 350 mm."     Item 4. The third paragraph shall read as follows:  "The dimensions of the various parts of this energy absorber are shown in Figures 2, 3 and 4. The characteristic values of the energy-absorbing material are given below. Immediately before each test, the tubes must be conditioned at a temperature of between 15 and 25 ºC for at least 12 hours without being used. The temperature of the stopping device during the dynamic testing of safety-belts and restraint systems must be the same as during the calibration test to within ± 2 ºC.  The requirements relating to the stopping device are set out in Annex IX. Any other device giving equivalent results is acceptable."   TABLE - CHARACTERISTIC VALUES OF THE ENERGY-ABSORBING MATERIAL  The first line shall read:  "- Shore hardness A : 95 ± 2 at 20 ± 5 ºC".  Figure 1 shall be replaced by the following:  >PIC FILE= "T0021516">     ANNEX VIII - DESCRIPTION OF MANIKIN Figure 6 shall be replaced by the following:  Figure 6  Manikin in sitting position as shown in Annex VII, Figure 1  >PIC FILE= "T0021517">      ANNEX IX - DESCRIPTION OF CURVE OF TROLLEY DECELERATION AS A FUNCTION  OF TIME The last sentence of the first paragraph to read as follows:  "The stopping distance during calibration of the stopping device shall be 400 ± 20 mm and the speed of the trolley shall be 50 ± 1 km/h."  Footnote (1) shall read as follows:  "(1) These requirements are in accordance with Recommendation ISO R 6478/1980."   ANNEX X - INSTRUCTIONS FOR USE After Item 2 the following new Item 3 shall be added:  "3. In the case of safety belts fitted with a type 4N retractor, it shall be indicated in the installation instructions and on any packaging, that this belt is not suitable for installation in passenger vehicles with not more than nine seats, including that of the driver."   ANNEX XIV - CHRONOLOGICAL ORDER OF TESTS The existing table shall be replaced by the following : >PIC FILE= "T0021518">    >PIC FILE= "T0021519">


title: Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (Text with EEA relevance)

text:
               27.11.2009

               EN

               Official Journal of the European Union

               L 312/44

      COMMISSION DIRECTIVE 2009/145/EC
   of 26 November 2009
   providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed 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 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (1), and in particular Article 4(4), Article 44(2), and Article 48(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 (2), 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 (3), 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 (4) 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) (5). Specific conditions should be established under Directive 2002/55/EC in order to take account of these issues as regards the marketing of vegetable seed.

               (2)

               In order to ensure in situ conservation and the sustainable use of plant genetic resources, landraces and varieties which have been traditionally grown in particular localities and regions and are 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. In addition to the general aim of protecting plant genetic resources, the particular interest of preserving these varieties lies in the fact that they are especially well adapted to particular local conditions.

               (3)

               In order to ensure the sustainable use of plant genetic resources, varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions (varieties developed for growing under particular conditions) 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. In addition to the general aim of protecting plant genetic resources, the particular interest of preserving these varieties lies in the fact that they are apt to be grown under particular climatic, pedological or agro-technical conditions (such as manual care, repeated harvesting).

               (4)

               In order to preserve conservation varieties and varieties developed for growing under particular conditions, it is necessary to provide for derogations as regards the acceptance of those varieties as well as for the production and marketing of seed of those varieties.

               (5)

               Those derogations should concern the substantive requirements for the acceptance of a variety and the procedural requirements provided for in Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (6).

               (6)

               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 acceptance of the variety as referred to in Annexes I and II to Directive 2003/91/EC. Where uniformity is established on the basis of off-types, the provisions should be based on defined standards.

               (7)

               Procedural requirements should be provided for under which a conservation variety or a variety developed for growing under particular conditions may be accepted without official examination. Furthermore, as regards the denomination of those varieties, it is necessary to provide for certain derogations from the requirements laid down in Directive 2002/55/EC and Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (7).

               (8)

               As regards conservation varieties, restrictions should be provided for concerning the production and marketing of seed, in particular regarding the region of origin, to ensure that the marketing of the seed takes places in the context of conservation in situ and the sustainable use of plant genetic resources. In this context, 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.

               (9)

               Quantitative restrictions should be fixed for the marketing of each conservation variety and each variety developed for growing under particular conditions.

               (10)

               In the case of conservation varieties, the quantities of seed placed on the market for each variety should not exceed the quantity necessary to produce vegetable of the variety concerned on a limited surface fixed according to the importance of the cultivation of the species concerned. To make sure that these quantities are respected, Member States should require producers to notify the quantities of seed of conservation varieties that they intend to produce and should allocate quantities to producers where appropriate.

               (11)

               For varieties developed for growing under particular conditions, quantitative restrictions should take the form of requiring seed to be marketed in small packages, the relatively high cost of the seed sold in small packages having the effect of a quantitative limitation.

               (12)

               For conservation varieties and for varieties developed for growing under particular conditions, the traceability of seed should be ensured through appropriate sealing and labelling requirements.

               (13)

               To ensure that this Directive is correctly applied seed crops of conservation varieties and of varieties developed for growing under particular conditions should comply with specific conditions with respect to certification and verification of seed. Official post controls should be carried out on the seed. Official monitoring should be performed at all stages of production and marketing. Amounts of seed of conservation varieties placed on the market should be reported by suppliers to the Member States and by the Member States to the Commission.

               (14)

               After 3 years the Commission should assess whether the measures provided for in this Directive, in particular the provisions concerning quantitative restrictions for the marketing of seed of conservation varieties and of varieties developed for growing under particular conditions, are effective.

               (15)

               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 vegetable species covered by Directive 2002/55/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 vegetable species, as provided for in Directive 2002/55/EC, of landraces and varieties which have been traditionally grown in particular localities and regions and threatened by genetic erosion, hereinafter ‘conservation varieties’; and

               (b)

               for acceptance for inclusion in the catalogues referred to in point (a) of varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions, hereinafter ‘varieties developed for growing under particular conditions’; and

               (c)

               for the marketing of seed of such conservation varieties and varieties developed for growing under particular conditions.

         2.   Unless otherwise provided in this Directive, Directive 2002/55/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.

      CHAPTER II

         Conservation varieties

      Section I

         Acceptance of conservation varieties

   Article 3
   Conservation varieties
   1.   Member States may accept conservation varieties subject to the requirements provided for in Articles 4 and 5.
   2.   Conservation varieties shall be accepted as follows:

               (a)

               Member States may accept a variety as a variety whose seed may either be certified as ‘certified seed of a conservation variety’ or verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be certified in accordance with Article 10 of Commission Directive 2009/145/EC or verified in accordance with Article 11 of that Directive’;

               (b)

               Member States may accept a variety as a variety whose seed may only be verified as ‘standard seed of a conservation variety’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘conservation variety whose seed shall be verified in accordance with Article 11 of Commission Directive 2009/145/EC’.

         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 2003/91/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), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or

               (b)

               the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species.

         For the assessment of uniformity, Directive 2003/91/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 2002/55/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.

         Article 6
   Exclusion of acceptance
   A conservation variety shall not be accepted for inclusion in the national catalogue of varieties if:

               (a)

               it is already listed in the common catalogue of varieties of vegetable species as a variety other than a conservation variety, or it was deleted from that common catalogue within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or

               (b)

               it is protected by a Community plant variety right, as provided for in Council Regulation (EC) No 2100/94 (8), 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 637/2009, except where such derogations would violate prior rights of a third party which are protected under Article 2 of that Regulation.
   2.   Notwithstanding Article 9(2) of Directive 2002/55/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 locality or localities, 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.

      Section II

         Seed production and marketing of conservation varieties

   Article 10
   Certification
   By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a conservation variety may be certified as certified seed of a conservation variety if it meets the following requirements:

               (a)

               the seed descends from seed produced according to well defined practices for the maintenance of the variety;

               (b)

               the seed complies with the requirements for certification of ‘certified seed’ provided for in Article 2(1)(d) of Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity and the requirements concerning official examination or examination under official supervision;

               (c)

               the seed has sufficient varietal purity.

         Article 11
   Verification
   By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a conservation variety may be verified as standard seed of a conservation variety if it meets the following requirements:

               (a)

               the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity;

               (b)

               the seed has sufficient varietal purity.

         Article 12
   Seed testing
   1.   Member States shall ensure that tests are carried out to check that seed of conservation varieties complies with the requirements provided for in Articles 10 and 11.
   2.   The tests referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
   3.   Member States shall ensure that samples taken for the tests referred to in paragraph 1 are drawn from homogeneous lots. They shall ensure that the rules on lot weight and sample weight provided for in Article 25(2) of Directive 2002/55/EC are applied.
   Article 13
   Region of seed production
   1.   Member States shall ensure that seed of a conservation variety may only be produced in the region of origin.
   If the seed cannot be produced 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 shall be used exclusively in the region 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 48(1)(b) of Directive 2002/55/EC, 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 14
   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 13;

               (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 15 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 13, it shall not use the derogation provided for in paragraph 2 of this Article.
   Article 15
   Quantitative restrictions
   Each Member State shall ensure that, for each conservation variety, the quantity of seed marketed per year does not exceed the quantity necessary for producing vegetables on the number of hectares set out in Annex I for the respective species.
   Article 16
   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 by the Member States in accordance with Article 15 are likely to be exceeded, Member States shall allocate to each producer concerned the quantity it may market in the respective production season.
   Article 17
   Sealing of packages
   1.   Member States shall ensure that seed of conservation varieties may be marketed only in closed packages bearing a sealing device.
   2.   Seed packages 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.
   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 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 ‘certified seed of a conservation variety’ or ‘standard seed of a 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 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 or pure seeds and the total weight.

         Article 19
   Official post control
   Member States shall ensure that the seed of a conservation variety marketed under this Directive is subject to official post control by random inspections to verify its varietal identity and varietal purity.
   The official post control referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
   Article 20
   Monitoring
   Member States shall ensure by official monitoring during production and marketing that the seed complies with this Chapter, paying particular attention to the variety, locations of the seed production and quantities.

      CHAPTER III

         Varieties developed for growing under particular conditions

      Section I

         Acceptance of varieties developed for growing under particular conditions

   Article 21
   Varieties developed for growing under particular conditions
   1.   Member States may accept varieties developed for growing under particular conditions subject to the requirements provided for in Articles 22 and 23.
   2.   Member States may accept a variety developed for growing under particular conditions as a variety whose seed may only be verified as ‘standard seed of a variety developed for growing under particular conditions’. Such a variety shall be entered into the common catalogue of varieties of vegetable species as a ‘variety developed for growing under particular conditions whose seed shall be verified in accordance with Article 26 of Commission Directive 2009/145/EC’.
   Article 22
   Substantive requirements
   1.   In order to be accepted as a variety developed for growing under particular conditions, as referred to in Article 1(1)(b), a variety shall be with no intrinsic value for commercial crop production but developed for growing under particular conditions.
   A variety shall be considered as having been developed for growing under particular conditions if it has been developed for growing under particular agro-technical, climatic or pedological conditions.
   2.   By way of derogation from Article 1(2) of Directive 2003/91/EC, Member States may adopt their own provisions as regards distinctness, stability and uniformity of varieties developed for growing under particular conditions.
   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), for the species listed in Annex I to Directive 2003/91/EC, which apply to those species; or

               (b)

               the technical questionnaires of the Guidelines of the International Union for the Protection of New Varieties of Plants (UPOV), for the species listed in Annex II to Directive 2003/91/EC, which apply to those species.

         For the assessment of uniformity, Directive 2003/91/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 23
   Procedural requirements
   By way of derogation from the first sentence of Article 7(1) of Directive 2002/55/EC, no official examination shall be required if the following information is sufficient for the decision on the acceptance of the varieties developed for growing under particular conditions:

               (a)

               the description of the variety developed for growing under particular conditions 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.

         Article 24
   Exclusion of acceptance
   A variety developed for growing under particular conditions shall not be accepted for inclusion in the national catalogue of varieties if:

               (a)

               it is already listed in the common catalogue of varieties of vegetable species as a variety other than a variety developed for growing under particular conditions, or it was deleted from that common catalogue of varieties of vegetable species within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or

               (b)

               it is protected by a Community plant variety right, as provided for in Regulation (EC) No 2100/94, by a national plant variety right, or if an application for such rights is pending.

         Article 25
   Denomination
   1.   With respect to denominations of varieties developed for growing under particular conditions which were known before 25 May 2000, Member States may permit derogations from Regulation (EC) No 637/2009, except where such derogations would violate prior rights of a third party which are protected under Article 2 of that Regulation.
   2.   Notwithstanding Article 9(2) of Directive 2002/55/EC, Member States may accept more than one name for a variety if the names concerned are historically known.

      Section II

         Marketing of seed of varieties developed for growing under particular conditions

   Article 26
   Verification
   By way of derogation from Article 20 of Directive 2002/55/EC, Member States may provide that seed of a variety developed for growing under particular conditions may be verified as standard seed of a variety developed for growing under particular conditions if it meets the following requirements:

               (a)

               the seed complies with the requirements for the marketing of ‘standard seed’ provided for in Directive 2002/55/EC, with the exception of the requirements in respect of minimal varietal purity;

               (b)

               the seed has sufficient varietal purity.

         Article 27
   Seed testing
   1.   Member States shall ensure that tests are carried out to check that seed of varieties developed for growing under particular conditions complies with the requirements provided for in Article 26.
   2.   The tests referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
   Article 28
   Quantitative restrictions
   Member States shall ensure that seed of varieties developed for growing under particular conditions is marketed in small packages, not exceeding the maximum net weight set out per species in Annex II.
   Article 29
   Sealing of packages
   1.   Member States shall ensure that seed of varieties developed for growing under particular conditions may be marketed only in closed packages bearing a sealing device.
   2.   Seed packages 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.
   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 30
   Labelling
   Member States shall ensure that packages of seed of varieties developed for growing under particular conditions 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 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 variety;

               (f)

               the words ‘variety developed for growing under particular conditions’;

               (g)

               the reference number of the lot given by the person responsible for affixing the labels;

               (h)

               the declared net or gross weight, or declared number of seeds;

               (i)

               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 or pure seeds and the total weight.

         Article 31
   Official post control
   Member States shall ensure that the seed of a variety developed for growing under particular conditions is subject to official post control by random inspections to verify its varietal identity and purity.
   The official post control referred to in paragraph 1 shall be carried out in accordance with current international methods, or, where such methods do not exist, in accordance with any appropriate methods.
   Article 32
   Monitoring
   Member States shall ensure by official monitoring during production and marketing that the seed complies with this Chapter, paying particular attention to the variety and quantities.

      CHAPTER IV

         General and final provisions

   Article 33
   Reporting
   Member States shall ensure that suppliers operating in their territory report for each production season the amount of seed of each conservation variety and of each variety developed for growing under particular conditions placed on the market.
   Member States shall report on request to the Commission and to the other Member States the amount of seed of each conservation variety and of each variety developed for growing under particular conditions placed on the market in their territory.
   Article 34
   Notification of the recognised organisations of plant genetic resources
   Member States shall notify to the Commission the recognised organisations referred to in Article 5(d), Article 8(1), Article 13(1) and Article 23(d).
   Article 35
   Evaluation
   By 31 December 2013 the Commission shall evaluate the implementation of this Directive.
   Article 36
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2010 at the latest. 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 37
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 38
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 26 November 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 193, 20.7.2002, p. 33.

      (2)  OJ L 309, 13.12.1993, p. 1.

      (3)  OJ L 378, 23.12.2004, p. 1.

      (4)  OJ L 162, 30.4.2004, p. 18.

      (5)  OJ L 277, 21.10.2005, p. 1.

      (6)  OJ L 254, 8.10.2003, p. 11.

      (7)  OJ L 191, 23.7.2009, p. 10.

      (8)  OJ L 227, 1.9.1994, p. 1.

      ANNEX I

         Quantitative restrictions for the marketing of seed of conservation varieties, as referred to in Article 15

                  Botanical name

                  Maximum number of hectares per Member State for production of vegetable per conservation varieties

                     Allium cepa L. — Cepa group

                     Brassica oleracea L.

                     Brassica rapa L.

                     Capsicum annuum L.

                     Cichorium intybus L.

                     Cucumis melo L.

                     Cucurbita maxima Duchesne

                     Cynara cardunculus L.

                     Daucus carota L.

                     Lactuca sativa L.

                     Lycopersicon esculentum Mill.

                     Phaseolus vulgaris L.

                     Pisum sativum L. (partim)

                     Vicia faba L. (partim)

                  40

                     Allium cepa L. — Aggregatum group

                     Allium porrum L.

                     Allium sativum L.

                     Beta vulgaris L.

                     Citrullus lanatus (Thunb.) Matsum. et Nakai

                     Cucumis sativus L.

                     Cucurbita pepo L.

                     Foeniculum vulgare Mill.

                     Solanum melongena L.

                     Spinacia oleracea L.

                  20

                     Allium fistulosum L.

                     Allium schoenoprasum L.

                     Anthriscus cerefolium (L.) Hoffm.

                     Apium graveolens L.

                     Asparagus officinalis L.

                     Cichorium endivia L.

                     Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                     Phaseolus coccineus L.

                     Raphanus sativus L.

                     Rheum rhabarbarum L.

                     Scorzonera hispanica L.

                     Valerianella locusta (L.) Laterr.

                     Zea mays L. (partim)

                  10

      ANNEX II

         Maximum net weight per package, as referred to in Article 28

                  Botanical name

                  Maximum net weight per package expressed in grams

                     Phaseolus coccineus L.

                     Phaseolus vulgaris L.

                     Pisum sativum L. (partim)

                     Vicia faba L. (partim)

                     Spinacia oleracea L.

                     Zea mays L. (partim)

                  250

                     Allium cepa L. (cepa group, Aggregatum group)

                     Allium fistulosum L.

                     Allium porrum L.

                     Allium sativum L.

                     Anthriscus cerefolium (L.) Hoffm.

                     Beta vulgaris L.

                     Brassica rapa L.

                     Cucumis sativus L.

                     Cucurbita maxima Duchesne

                     Cucurbita pepo L.

                     Daucus carota L.

                     Lactuca sativa L.

                     Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                     Raphanus sativus L.

                     Scorzonera hispanica L.

                     Valerianella locusta (L.) Laterr.

                  25

                     Allium schoenoprasum L.

                     Apium graveolens L.

                     Asparagus officinalis L.

                     Brassica oleracea L. (all)

                     Capsicum annuum L.

                     Cichorium endivia L.

                     Cichorium intybus L.

                     Citrullus lanatus (Thunb.) Matsum. et Nakai

                     Cucumis melo L.

                     Cynara cardunculus L.

                     Lycopersicon esculentum Mill.

                     Foeniculum vulgare Mill.

                     Rheum rhabarbarum L.

                     Solanum melongena L.

                  5


title: Commission Directive 2006/124/EC of 5 December 2006 amending Council Directive 92/33/EEC on the marketing of vegetable propagating and planting material other than seed and Council Directive 2002/55/EC on the marketing of vegetable seed   (Text with EEA relevance)

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 339/12

      COMMISSION DIRECTIVE 2006/124/EC
   of 5 December 2006
   amending Council Directive 92/33/EEC on the marketing of vegetable propagating and planting material other than seed and Council Directive 2002/55/EC on the marketing of vegetable seed
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material other than seed (1), and in particular Article 1(3) thereof,
   Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (2), and in particular Articles 2(2) and 45 thereof,
   Whereas:

               (1)

               Directive 2002/55/EC does not include all the vegetable genera and species covered by Directive 92/33/EEC. It is appropriate to extend the scope of Directive 2002/55/EC so that it applies to the same genera and species as Directive 92/33/EEC.

               (2)

               Directives 2002/55/EC and 92/33/EEC do not include Zea mays L. (popcorn or sweetcorn), a plant which is largely grown in certain new Member States. It is appropriate to extend the scope of both Directives to Zea mays L. Although maize, including popcorn and sweetcorn, is classified as a cereal under the legislation concerning the common agricultural policy, seed for sowing of sweet corn and popcorn must be submitted to the specific legislation concerning the marketing of seed of vegetables.

               (3)

               In the light of the development of scientific knowledge, a number of the botanical names used in Directives 92/33/EEC and 2002/55/EC have been shown to be incorrect or of doubtful authenticity. Those names should be aligned with those normally accepted internationally.

               (4)

               Directives 92/33/EEC and 2002/55/EC should therefore be amended accordingly.

               (5)

               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:
   Article 1
   The genera and species listed in Annex II to Directive 92/33/EEC are replaced by those listed in the Annex to this Directive.
   Article 2
   Directive 2002/55/EC is amended as follows:

               1.

               The genera and species listed in Article 2(1)(b) are replaced by those listed in the Annex to this Directive.

               2.

               Point 3(a) of Annex II is amended as follows:

                           (a)

                           The following entries are inserted in alphabetical order:

                                       ‘Allium fistulosum

                                       97

                                       0,5

                                       65’

                                       ‘Allium sativum

                                       97

                                       0,5

                                       65’

                                       ‘Allium schoenoprasum

                                       97

                                       0,5

                                       65’

                                       ‘Rheum rhabarbarum

                                       97

                                       0,5

                                       70’

                                       ‘Zea mays

                                       98

                                       0,1

                                       85’;

                           (b)

                           ‘Brassica oleracea (other subspecies)’ is replaced by ‘Brassica oleracea (other than cauliflower)’;

                           (c)

                           ‘Brassica pekinensis’ is replaced by ‘Brassica rapa (Chinese cabbage)’;

                           (d)

                           ‘Brassica rapa’ is replaced by ‘Brassica rapa (turnip)’;

                           (e)

                           ‘Lycopersicon lycopersicum’ is replaced by ‘Lycopersicon esculentum’.

               3.

               Point 2 of Annex III is amended as follows:

                           (a)

                           The following entries are inserted in alphabetical order:

                                       ‘Allium fistulosum

                                       15’

                                       ‘Allium sativum

                                       20’

                                       ‘Allium schoenoprasum

                                       15’

                                       ‘Rheum rhabarbarum

                                       135’

                                       ‘Zea mays

                                       1 000’;

                           (b)

                           ‘Brassica pekinensis’ is deleted;

                           (c)

                           ‘Lycopersicon lycopersicum’ is replaced by ‘Lycopersicon esculentum’.

         Article 3
   1.   Member States shall adopt and publish, by 30 June 2007 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.
   They shall apply the provisions from 1 July 2007. However, they may postpone until 31 December 2009 the application of the provisions in respect of the official acceptance of varieties belonging to Allium cepa L. (aggregatum group), Allium fistulosum L., Allium sativum L., Allium schoenoprasum L., Rheum rhabarbarum L. and Zea mays L.
   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 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 5 December 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 157, 10.6.1992, p. 1. Directive as last amended by Commission Decision 2005/55/EC (OJ L 22, 26.1.2005, p. 17).

      (2)  OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

      ANNEX

                     ‘Allium cepa L.

                                 —

                                    Cepa Group

                     Onion
                     Echalion

                                 —

                                    Aggregatum Group

                     Shallot

                        Allium fistulosum L.

                     Japanese bunching onion or Welsh onion

                        Allium porrum L.

                     Leek

                        Allium sativum L.

                     Garlic

                        Allium schoenoprasum L.

                     Chives

                        Anthriscus cerefolium (L.) Hoffm.

                     Chervil

                        Apium graveolens L.

                     Celery
                     Celeriac

                        Asparagus officinalis L.

                     Asparagus

                        Beta vulgaris L.

                     Beetroot including Cheltenham beet
                     Spinach beet or Chard

                        Brassica oleracea L.

                     Curly kale
                     Cauliflower
                     Sprouting broccoli or Calabrese
                     Brussels sprouts
                     Savoy cabbage
                     White cabbage
                     Red cabbage
                     Kohlrabi

                        Brassica rapa L.

                     Chinese cabbage
                     Turnip

                        Capsicum annuum L.

                     Chilli or Pepper

                        Cichorium endivia L.

                     Curled-leaved endive
                     Plain-leaved endive

                        Cichorium intybus L.

                     Witloof chicory
                     Large-leaved chicory or Italian chicory
                     Industrial chicory

                        Citrullus lanatus (Thunb.) Matsum. et Nakai

                     Watermelon

                        Cucumis melo L.

                     Melon

                        Cucumis sativus L.

                     Cucumber
                     Gherkin

                        Cucurbita maxima Duchesne

                     Gourd

                        Cucurbita pepo L.

                     Marrow or Courgette

                        Cynara cardunculus L.

                     Globe artichoke
                     Cardoon

                        Daucus carota L.

                     Carrot
                     Fodder carrot

                        Foeniculum vulgare Mill.

                     Fennel

                        Lactuca sativa L.

                     Lettuce

                        Lycopersicon esculentum Mill.

                     Tomato

                        Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                     Parsley

                        Phaseolus coccineus L.

                     Runner bean

                        Phaseolus vulgaris L.

                     Dwarf French bean
                     Climbing French bean

                        Pisum sativum L. (partim)

                     Wrinkled pea
                     Round pea
                     Sugar pea

                        Raphanus sativus L.

                     Radish
                     Black radish

                        Rheum rhabarbarum L.

                     Rhubarb

                        Scorzonera hispanica L.

                     Scorzonera or Black salsify

                        Solanum melongena L.

                     Aubergine or Egg plant

                        Spinacia oleracea L.

                     Spinach

                        Valerianella locusta (L.) Laterr.

                     Corn salad or Lamb’s lettuce

                        Vicia faba L. (partim)

                     Broad bean

                        Zea mays L. (partim)

                     Sweet corn
                     Popcorn’