Article 5
Directive 69/208/EEC is hereby amended as follows: 1. in Article 2 (1) (B), '(varieties other than hybrids of sunflower)' is inserted after 'Basic seed'; 2. the following is inserted after Article 2 (1) (B): ''Ba. Basic seed (hybrids of sunflower): 1. Basic seed of inbred lines: seed (a) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and (b) which has been found by official examination to satisfy the abovementioned conditions. 2. Basic seed of simple hybrids: seed (a) which is intended for the production of three-way-cross hybrids or double-cross hybrids; (b) which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and (c) which has been found by official examination to satisfy the abovementioned conditions.'; 3. in Article 2 (1a) of the English version, 'descriptions' is replaced by 'names'; 4. former Article 2 (1b) becomes 2 (1c); 5. the following paragraph is inserted in Article 2: '1b. The different types of varieties, including the components, eligible for certification under the provisions of this Directive may be specified and defined in accordance with the procedure laid down in Article 20.'; 6. in Article 2 (2) (b) of the English version, 'or linseed' is inserted after 'flax'; 7. former Article 11 becomes Article 11 (1); 8. the following paragraph is added to Article 11: '2. The label referred to in paragraph 1 shall be drawn up in such a manner that it cannot be confused with the official label referred to in Article 10 (1).'; 9. the following Article 12a is inserted: 'Article 12a For the purpose of seeking improved alternatives to certain elements of the certification scheme adopted under this Directive, it may be decided to organize temporary experiments under specified conditions at Community level in accordance with the procedure laid down in Article 21. In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.'; 10. the fifth and sixth indents of Article 13 (3) (c) are replaced by the following: '- species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, '- variety, indicated at least in roman characters,'; 11. the following sentence is added to Article 13 (3): 'In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods, where it has been established that the disadvantages of the implementation outweigh the advantages expected for the marketing of seed.'; 12. Article 14 is replaced by the following: 'Article 14 1. Member States shall provide that seed of oil and fibre plants - which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 15 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in another Member State, shall, on request and without prejudice to the provisions of Directive 70/457/EEC, be officially certified as certified seed in any Member State if that seed has undergone field inspection satisfying the conditions laid down in Annex I for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Where in such cases the seed has been produced directly from officially certified seed of generations prior to basic seed, Member States may also authorize official certification as basic seed, if the conditions laid down for that category are satisfied. 2. Seed of oil and fibre plants which has been harvested in another Member State, and which is intended for certification in accordance with the provisions laid down in paragraph 1, shall: - be packed and labelled with an official label satisfying the conditions laid down in Annex V (A) and (B), in accordance with the provisions laid down in Article 9 (1), and - be accompanied by an official document satisfying the conditions laid down in Annex V (c). 3. The Member States shall also provide that seed of oil and fibre plants - which has been produced directly from basic seed or certified seed of the first generation officially certified either in one or more Member States or in a third country which has been granted equivalence under Article 15 (1) (b), or which has been produced directly from the crossing of basic seed officially certified in a Member State with basic seed officially certified in such a third country, and - which has been harvested in a third country, shall, on request, be officially certified as certified seed in any of those Member States where the basic seed was either produced or officially certified, if the seed has undergone field inspection satisfying the conditions laid down in an equivalence decision made under Article 15 (1) (a) for the relevant category and if official examination has shown that the conditions laid down in Annex II for the same category are satisfied. Other Member States may also authorize official certification of such seed.'; 13. Article 22 is replaced by the following: 'Article 22 Upon application by a Member State, which will be dealt with as provided in Article 20, that State may be wholly or partially released from the obligation to apply the provisions of this Directive, with the exception of Article 13 (1): (a) in respect of the following species: - Safflower; (b) in respect of other species which are not normally reproduced or marketed in its territory.'; 14. in the first paragraph of the table in Annex I (2), 'Helianthus annuus' is deleted; 15. in the table in Annex I (2) the following is added: >TABLE> 16. Annex I (3) is replaced by the following: '3. The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line of Helianthus annuus, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties of Helianthus annuus, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration. In particular, crops of Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi, Gossypium spp. and hybrids of Helianthus annuus shall conform to the following standards or other conditions: A. Brassica juncea, Brassica nigra, Cannabis sativa, Carthamus tinctorius, Carum carvi and Gossypium spp.: The number of plants of the crop species which are recognizable as obviously not being true to the variety shall not exceed: - one per 30 m² for the production of basic seed, - one per 10 m² for the production of certified seed. B. Hybrids of Helianthus annuus: (a) the percentage by number of plants which are recognizable as obviously not being true to the inbred line or to the component shall not exceed: (aa) for the production of basic seed: i(i) inbred lines 0,2 (ii) simple hybrids - male parent, plants which have shed pollen while 2 % or more of the female plants have receptive flowers 0,2 - female parent 0,5 (bb) for the production of certified seed: - male component, plants which have shed pollen while 5 % or more of the female plants have receptive flowers 0,5 - female component 1,0 (b) the following other standards or conditions shall be satisfied for the production of seed of hybrid varieties: (aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower; (bb) where the female component plants have receptive stigmas, the percentage by number of female component plants which have shed pollen or are shedding pollen shall not exceed 0,5; (cc) for the production of basic seed the total percentage by number of plants of the female component which are recognizable as obviously not being true to the component and which have shed pollen or are shedding pollen shall not exceed 0,5; (dd) where the condition laid down in Annex II (I) (1a) cannot be satisfied, the following condition shall be satisfied: a male-sterile component shall be used to produce certified seed by using a male component which contains a specific restorer line or lines so that at least one-third of the plants grown from the resulting hybrid will produce pollen which appears normal in all respects.'; 17. Annex I (5) (B) is replaced by the following: 'B. In cases other than crops of hybrids of sunflower there shall be at least one field inspection. In the case of hybrids of sunflower there shall be at least two field inspections.; 18. the following is inserted after Annex II (1): '1a. Where the condition laid down in Annex I (3) (B) (b) (dd) cannot be satisfied, the following condition shall be met: where for the production of certified seed of hybrids of sunflower a female male-sterile component and a male component which does not restore male fertility have been used, the seed produced by the male-sterile parent shall be blended with seed produced by the fully fertile seed parent. The ratio of male-sterile parent seed to male-fertile parent shall not exceed two to one.'; 19. the following is added to Annex IV (A) (a) (5): ', indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters.' 20. the following is added to Annex IV (A) (a): 'In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 21. the following is added to Annex IV (A) (a) (6): ', indicated at least in roman characters'; 22. the following is inserted after Annex IV (A) (a) (10): '10a. In the case of varieties which are hybrids or inbred lines: - for basic seed where the hybrid or inbred line to which the seed belongs has been officially accepted under Council Directive 70/457/EEC: the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are inended solely as components for final varieties, by the word ''component'', - for basic seed in other cases: the name of the component to which the basic seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word ''component'', - for certified seed: the name of the variety to which the seed belongs, accompanied by the word ''hybrid''.'; 23. the following is added to Annex IV (A) (b) (6): ', indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters.'; 24. the following sentence is added to Annex IV (A) (b): 'In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed.'; 25. the following Annex is added: 'ANNEX V Label and document provided in the case of seed not finally certified, harvested in another Member State A. Information required for the label - authority responsible for field inspection and Member State or their initials, - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in Roman characters, - variety, indicated at least in roman characters; in the case of varieties (inbred lines, hybrids), which are intended solely as components for hybrid varieties, the word ''component'' shall be added, - category, - in the case of hybrid varieties, the word ''hybrid'', - field or lot reference number, - declared net or gross weight, - the words ''seed not finally certified''. In accordance with the procedure laid down in Article 20, Member States may be released from the requirement to indicate the botanical name in respect of individual species and, where appropriate, for limited periods where it has been established that the disadvantages of its implementation outweigh the advantages expected for the marketing of seed. B. Colour of the label The label shall be grey. C. Information required for the document - authority issuing the document - species, indicated at least under its botanical name, which may be given in abridged form and without the authorities' names, in roman characters, - variety, indicated at least in roman characters, - category, - reference number of the seed used to sow the field and name of the country or countries which certified that seed, - field lot or reference number, - area cultivated for the production of the lot covered by the document, - quantity of seed harvested and number of packages, - number of generations after basic seed, in the case of certified seed, - attestation that the conditions to be satisfied by the crop from which the seed comes have been fulfilled, - where appropriate, results of a preliminary seed analysis.'