Article 2

For the purposes of this Directive, the following definitions shall apply:

1. A..

   Fodder plants: plants of the following genera and species:

   (a)	F2Poaceae ( Gramineae )	Grasses
   F3	Agrostis canina L.	Velvet bent
   F4	Agrostis gigantea Roth	Roth Redtop
   	Agrostis stolonifera L.	Creeping bent grass
   	F5Agrostis capillaris L.	Brown top
   	Alopecurus pratensis L.	Meadow foxtail
   	Arrhenatherum elatius (L.) P. Beauv. ex J. Presl & C. Presl	Tall oatgrass
   F6	Bromus catharticus Vahl	Rescue grass
   	Bromus sitchensis Trin.	Alaska brome-grass
   F7	Cynodon dactylon (L.) Pers.	Bermuda grass
   	Dactylis glomerata L.	Cocksfoot
   	Festuca arundinacea Schreber	Tall fescue
   F8	Festuca filiformis Pourr	Fine leaved sheep’s fescue
   	Festuca ovina L.	Sheep's fescue
   	Festuca pratensis Huds.	Meadow fescue
   	Festuca rubra L.	Red fescue
   	Festuca trachyphylla (Hack.) Krajina	Hard fescue
   	Lolium multiflorum Lam.	Italian ryegrass (including Westerwold ryegrass)
   	Lolium perenne L.	Perennial ryegrass
   	F9Lolium x hybridum Hausskn	Hybrid ryegrass
   	Phalaris aquatica L.	Harding grass, Phalaris
   	Phleum nodosum L.	Small timothy
   	Phleum pratense L.	Timothy
   	Poa annua L.	Annual meadowgrass
   	Poa nemoralis L.	Wood meadowgrass
   	Poa palustris L.	Swamp meadowgrass
   	Poa pratensis L.	Smooth-stalk meadowgrass
   	Poa trivialis L.	Rough-stalk meadowgrass
   	Trisetum flavescens (L.) P. Beauv.	Golden oatgrass
   F10	This definition shall also cover the following hybrid resulting from the crossing of species referred to above.
   F11	xFestulolium Asch. & Graebn.	Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium
   (b)	Fabaceae ( Leguminosae )	Legumes
   	Biserrula pelecinus L.	Biserrula
   	Galega orientalis Lam.	Fodder galega
   	Hedysarum coronarium L.	Sulla
   	Lathyrus cicera L.	Chickling vetch/Dwarf chickling vetch
   	Lotus corniculatus L.	Birdsfoot trefoil
   	Lupinus albus L.	White lupin
   	Lupinus angustifolius L.	Narrow-leaved lupin
   	Lupinus luteus L.	Yellow lupin
   	Medicago doliata Carmign.	Straight-spined medic
   	Medicago italica (Mill.) Fiori	Disc medic
   	Medicago littoralis Rohde ex Loisel.	Shore medic/Strand medic
   	Medicago lupulina L.	Trefoil
   	Medicago murex Willd.	Sphere medic
   	Medicago polymorpha L.	Bur medic
   	Medicago rugosa Desr.	Wrinkled medic/Gama medic
   	Medicago sativa L.	Lucerne
   	Medicago scutellata (L.) Mill.	Snail medic/Shield medic
   	Medicago truncatula Gaertn.	Barrel medic
   	Medicago × varia T. Martyn Sand	Sand lucerne
   	Onobrychis viciifolia Scop.	Sainfoin
   	Ornithopus compressus L.	Yellow serradella
   	Ornithopus sativus Brot.	Serradella
   	Pisum sativum L. (partim)	Field pea
   	Trifolium alexandrinum L.	Berseem, Egyptian clover
   	Trifolium fragiferum L.	Strawberry clover
   	Trifolium glanduliferum Boiss.	Glandular clover
   	Trifolium hirtum All.	Rose clover
   	Trifolium hybridum L.	Alsike clover
   	Trifolium incarnatum L.	Crimson clover
   	Trifolium isthmocarpum Brot.	Moroccan clover
   	Trifolium michelianum Savi	Balansa clover
   	Trifolium pratense L.	Red clover
   	Trifolium repens L.	White clover
   	Trifolium resupinatum L.	Persian clover
   	Trifolium squarrosum L.	Squarrose clover
   	Trifolium subterraneum L.	Subterranean clover
   	Trifolium vesiculosum Savi	Arrow-leaf clover
   	Trigonella foenum-graecum L.	Fenugreek
   	Vicia benghalensis L.	Purple vetch
   	Vicia faba L.	Field bean
   	Vicia pannonica Crantz	Hungarian vetch
   	Vicia sativa L.	Common vetch
   	Vicia villosa Roth	Hairy vetch
   (c)	Other species
   	Brassica napus L. var. napobrassica (L.) Rchb.	X1Swede
   	Brassica oleracea L. convar. acephala (DC.) Alef. var. medullosa Thell. + var. varidis L.	Fodder kale
   	Phacelia tanacetifolia Benth.	California bluebell
   F12	Plantago lanceolata L.	Ribwort plantain
   	Raphanus sativus L. var. oleiformis Pers.	Fodder radish.

2. B..

   Basic Seed:

   1. 1..

      Seed of bred varieties: seed

      1. (a)

         which has been produced under the responsibility of the breeder according to accepted practices for the maintenance of the variety;

      2. (b)

         which is intended for the production of seed of the category ‘certified seed’;

      3. (c)

         which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and

      4. (d)

         F13which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision, to satisfy the conditions set out in (a), (b) and (c).

   2. 2..

      Seed of local varieties: seed

      1. (a)

         which has been produced under official control from material officially accepted as being of the local variety on one or more holdings situated within a clearly demarcated region of origin;

      2. (b)

         which is intended for the production of seed of the category ‘certified seed’;

      3. (c)

         which, subject to the provisions of Article 4, satisfies the conditions laid down in Annexes I and II for basic seed; and

      4. (d)

         which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or by examination carried out under official supervision, to satisfy the conditions set out in (a), (b) and (c).

3. C..

   F14Certified seed: seed of all the species listed under A other than Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa:

   1. (a)

      which has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

   2. (b)

      which is intended for purposes other than the production of seed;

   3. (c)

      which, subject to of Article 4(b), satisfies the conditions laid down in Annexes I and II for certified seed; and

   4. (d)

      which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).

4. Ca..

   F15Certified seed, first generation ( Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa ) seed:

   1. (a)

      which has been produced directly from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

   2. (b)

      which is intended either for the production of seed of the category ‘ certified seed, second generation ’ or for purposes other than the production of seed of fodder plants;

   3. (c)

      which, subject to Article 4(b), satisfies the conditions laid down in Annexes I and II for certified seed; and

   4. (d)

      which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).

5. Cb..

   Certified seed, second generation ( Lupinus spp., Pisum sativum, Vicia spp. and Medicago sativa ) seed:

   1. (a)

      which has been produced directly from basic seed, from certified seed of the first generation or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;

   2. (b)

      which is intended for purposes other than the production of seed of fodder plants;

   3. (c)

      which, subject to Article 4(b), satisfies the conditions laid down in Annexes I and II, for certified seed; and

   4. (d)

      which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a), (b) and (c).

6. D..

   Commercial seed: seed

   1. (a)

      Which is identifiable as belonging to a species;

   2. (b)

      which, subject to the provisions of Article 4 (b), satisfies the conditions laid down in Annex II for commercial seed; and

   3. (c)

      which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (a) and (b).

7. E..

   Official measures: measures taken

   1. (a)

      by State authorities, or

   2. (b)

      by any legal person whether governed by public or by private law, acting under the responsibility of the State, or

   3. (c)

      in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,

   provided that the persons mentioned under (b) and (c) derive no private gain from such measures.

8. F..

   F16Small F17EC A packages: packages containing a mixture of seeds not intended for the production of fodder plants, with a net weight not exceeding 2 kg excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.

9. G..

   Small EC B packages: packages containing basic seed, certified seed, commercial seed or — if the packages concerned are not small EC A packages — a mixture of seeds with a net weight not exceeding 10 kg excluding, where appropriate, granulated pesticides, pelleting substances or other solid additives.

Amendments to be made to the list of species referred to in paragraph 1(A) shall be adopted in accordance with the procedure laid down in Article 21.

The different types of varieties, including the components, eligible for certification under this Directive may be specified and defined in accordance with the procedure laid down in Article 21.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Member States may be authorized, in accordance with the procedure laid down in Article 21, not to apply in respect of the production of a given Member State the condition contained in Annex II, section I, point 2, paragraph B (1) for one or more of the species concerned, if it can be assumed from ecological conditions and previous experience that the standards laid down in Annex II, section I, point 2, column 13 of the table are being complied with.

Member States may, during a transitional period of not more than four years after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, and by way of derogation from paragraph 1 (C), certify as certified seed seed produced directly from seed officially controlled in a Member State under the scheme in operation at that time and which affords the same assurances as seed certified as basic seed or certified seed in accordance with the principles of this Directive.

F21. . . . .

When the examination under official supervision set out in paragraphs (1)(B)(1)(d), (1)(B)(2)(d), (1)(C)(d), (1)(Ca)(d), (1)(Cb)(d) and (1)(D)(c) is carried out, the following requirements shall be complied with:

1. A..

   Field inspection

   1. (a)

      The inspectors shall:

      1. (i)

         have the necessary technical qualifications;

      2. (ii)

         derive no private gain in connection with the carrying out of the inspections;

      3. (iii)

         have been officially licensed by the seed certification authority of the Member State concerned and this licensing shall include either the swearing-in of inspectors or the signature by inspectors of a written statement of commitment to the rules governing official examinations;

      4. (iv)

         carry out inspections under official supervision in accordance with the rules applicable to official inspections.

   2. (b)

      The seed crop to be inspected shall be grown from seed, which has undergone official post-control, the results of which have been satisfactory.

   3. (c)

      A proportion of the seed crops shall be checked by official inspectors. That proportion shall be at least 5 %.

   4. (d)

      A proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed testing in respect of varietal identity and purity.

   5. (e)

      The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the licence provided for in (a)(iii) from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.

2. B..

   Seed testing

   1. (a)

      Seed testing shall be carried out by seed-testing laboratories which have been authorised for that purpose by the seed certification authority of the Member State concerned under the conditions set out in (b) to (d).

   2. (b)

      The seed-testing laboratory shall have a seed analyst-in-charge who has direct responsibility for the technical operations of the laboratory and has the necessary qualifications for technical management of a seed-testing laboratory.

      Its seed analysts shall have the necessary technical qualifications obtained in training courses organised under conditions applicable to official seed analysts and confirmed by official examinations.

      The laboratory shall be maintained in premises and with equipment officially considered by the seed certification authority to be satisfactory for the purpose of seed testing, within the scope of the authorisation.

      It shall carry out seed testing in accordance with current international methods.

   3. (c)

      The seed-testing laboratory shall be:

      1. (i)

         an independent laboratory;

         or

      2. (ii)

         a laboratory belonging to a seed company.

      In the case referred to in (ii), the laboratory may carry out seed testing only on seed lots produced on behalf of the seed company to which it belongs, unless it has been otherwise agreed between that seed company, the applicant for certification and the seed certification authority.

   4. (d)

      The seed-testing laboratory’s performance of seed testing shall be subject to appropriate supervision by the seed certification authority.

   5. (e)

      For the purposes of the supervision referred to in (d) a proportion of the seed lots entered for the official certification shall be check-tested by official seed testing. That proportion shall in principle be as evenly spread as possible over natural and legal persons entering seed for certification, and the species entered, but may also be oriented to eliminate specific doubts. That proportion shall be at least 5 %.

   6. (f)

      The Member States shall lay down the rules on penalties applicable to infringements of the national provisions governing examination under official supervision, adopted pursuant to this Directive. The penalties provided for must be effective, proportionate and dissuasive. Penalties may include the withdrawal of the authorisation provided for in (a), from officially authorised seed-testing laboratories which are found guilty of deliberately or negligently contravening the rules governing official examinations. The Member States shall ensure that any certification of the seed examined is annulled in the event of such contravention unless it can be shown that such seed still meets all relevant requirements.

Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.

F23. . . . .