Article 5
Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (1), as last amended by Directive 75/444/EEC, shall be amended as follows: 1. In Article 2, the following paragraphs shall be added: "1a. Amendments to be made to the list of species referred to in paragraph 1 (A) in the light of the development of scientific or technical knowledge concerning the descriptions and hybrids resulting from the crossing of species covered by this Directive shall be adopted in accordance with the procedure laid down in Article 20. 1b. Member States may be authorized in accordance with the procedure laid down in Article 20 to permit, by way of derogation from paragraph 1 D (a) or E (a), to be certified as certified seed of the first generation or certified seed of the second generation seeds of self-pollinating species which have been entered for certification as basic seed and which have been produced from a generation prior to basic seed but which has not been officially examined. This provision shall not apply to hybrid seeds. Certification as certified seed may only occur if this is requested by the applicant for certification with the agreement of the breeder and if an official post-control test based on samples taken officially and carried out at the latest during the growing season of the entered seed shows that the seeds from the previous generation have met the requirements for basic seed in respect of varietal identity and purity. In this case the breeder shall, when the samples are taken, state the total area which has been under production of seed of the previous generation. These conditions may be amended in the light of the development of scientific or technical knowledge in accordance with the procedure laid down in Article 20. Member States shall require that the official labels for seeds marketed in accordance with the authorization referred to in the first subparagraph be marked : "passed for marketing in ... (Member State concerned) only" ; in addition, Member States may require in this case that the official labels also be marked "intended for further multiplication only"." 2. In Article 2 (2) (c) "30 June 1982" shall be substituted for "30 June 1978". 3. In Article 10 the following shall be substituted for paragraphs 1 and 2: "1. Member States shall require that packages of basic seed, certified seed of all kinds and commercial seed: (a) be labelled on the outside with an official label which has not previously been used, which satisfies the conditions laid down in Annex IV and on which the information is given in one of the official languages of the Community. The colour of the label shall be white for basic seed, blue for certified seed of the first generation after basic seed, red for certified seed of subsequent generations and brown for commercial seed. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. If, in cases under Article 4 (a), the basic seed does not satisfy the conditions laid down in Annex II in respect of germination, this fact shall be stated on the label. The use of official adhesive labels shall be authorized. In accordance with the procedure laid down in Article 20 the indelible printing under official supervision of the information on the package according to the label's model may be authorized; (b) contain an official document, in the same colour as the label, giving at least the information required under Annex IV, (A) (a), (4), (5) and (6) and, in the case of commercial seed, under (b), (2), (5) and (6). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a). This document is not necessary if the information is printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of non-tear material is used. 2. Member States may provide for exceptions to paragraph 1 in the case of small packages where they are marked : "passed for marketing in ... (Member State concerned) only"." 4. In Article 13 (1), the following shall be substituted for "officially marked and sealed" : "marked and closed officially or under official supervision". (1)OJ No L 169, 10.7.1969, p. 3. 5. In Annex IV (A), the following is added under (a): "11. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label." 6. In Annex IV (A), the following is added under (b): "10. Where at least germination has been retested, the words "retested ... (month and year)" and the service responsible for such retesting may be indicated. Such information may be given on an official sticker attached to the official label."