{
  "url": "https://openlegislation.uk/eu-directive-2009-74/annex/part-B",
  "json_url": "https://openlegislation.uk/eu-directive-2009-74/annex/part-B.json",
  "legislation": "eudr/2009/74",
  "legislation_title": "Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-74",
  "path": "annex/part/B",
  "kind": "part",
  "number": "B",
  "heading": null,
  "text": "Annexes I, II and III to Directive 66/402/EEC are replaced by the following:\n‘ANNEX I\nCONDITIONS TO BE SATISFIED BY THE CROP\n1.\nThe previous cropping of the field shall not have been incompatible with the production of seeds of the species and variety of the crop, and the field shall be sufficiently free from such plants which are volunteers from previous cropping.\n2.\nThe crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination and in particular, in the case of Sorghum spp., from sources of Sorghum halepense:\nCrop\nMinimum distance\nPhalaris canariensis, Secale cereale other than hybrids:\n—\nfor the production of basic seed,\n300 m\n—\nfor the production of certified seed,\n250 m\nSorghum spp.\n300 m\nxTriticosecale, self-pollinating varieties\n—\nfor the production of basic seed,\n50 m\n—\nfor the production of certified seed,\n20 m\nZea mays\n200 m\nThese distances can be disregarded if there is sufficient protection from any undesirable foreign pollination.\n3.\nThe crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration\nIn particular, crops of Oryza sativa, Phalaris canariensis, Secale cereale other than hybrids, Sorghum spp. and Zea mays shall conform to the following other standards or conditions:\nA.. Oryza sativa :\nThe number of plants which are recognisable as obviously being wild plants or red-grain plants shall not exceed:\n0 for the production of basic seed,\n1 per 50 m2 for the production of certified seed,\nB.. Phalaris canariensis, Secale cereale other than hybrids:\nThe number of plant of the crop species, which are recognisable as obviously not being true to the variety shall not exceed:\none per 30 m2 for the production of basic seed,\none per 10 m2 for the production of certified seed,\nC.. Sorghum spp.\n(a) The percentage by number of plants of a Sorghum species other than the crop species or plants which are recognisable as obviously not being true to the inbred line or to the component shall not exceed:\n(aa) for the production of basic seed\n(i) at flowering: 0,1 %;\n(ii) at maturity: 0,1 %;\n(bb) for the production of certified seed\n(i) plants of the male component which have shed pollen when the plants of the female component have receptive stigmas: 0,1 %;\n(ii) plants of the female component\nat flowering: 0,3 %;\nat maturity: 0,1 %;\n(b) The following other standards or conditions shall be satisfied for the production of certified seed of hybrid varieties:\n(aa) sufficient pollen shall be shed by the plants of the male component while the plants of the female component have receptive stigmas;\n(bb) where plants of the female component have receptive stigmas, the percentage of plants of that component which have shed pollen or are shedding pollen shall not exceed 0,1 %;\n(c) Crops of open pollinated varieties or synthetic varieties of Sorghum spp. shall conform to the following standards: the number of plants of the crop species, which are recognisable as obviously not being true to the variety shall not exceed:\none per 30 m2 for the production of basic seed,\none per 10 m2 for the production of certified seed,\nD.. Zea mays :\n(a) The percentage by number of plants which are recognisable as obviously not being true to the variety, to the inbred line, or to the component shall not exceed:\n(aa) for the production of basic seed:\n(i) inbred lines, 0,1 %;\n(ii) simple hybrid, each component, 0,1 %;\n(iii) open-pollinated varieties, 0,5 %;\n(bb) for the production of certified seed:\n(i) hybrid varieties component:\ninbred lines, 0,2 %;\nsimple hybrid, 0,2 %;\nopen-pollinated variety, 1,0 %;\n(ii) open-pollinated varieties, 1,0 %;\n(b) The following other standards or conditions shall be satisfied for the production of seed of hybrid varieties:\n(aa) a sufficient pollen shall be shed by the plants of the male component while the plants of the female component are in flower;\n(bb) where appropriate, emasculation shall be carried out;\n(cc) where 5 % or more of the female component plants have receptive stigmas, the percentage of female component which have shed pollen or are shedding pollen shall not exceed:\n1 % at any official field inspection, and,\n2 % at the total of the official field inspections,\nPlants are considered as having shed pollen or shedding pollen where, on 50 mm or more of the central axis or laterals of a panicle, the anthers have emerged from their glumes and have shed or are shedding pollen.\n4.\nHybrids of Secale cereale\n(a)\nThe crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination.\nCrop\nMinimum distance\n—\nfor the production of basic seed,\n—\nwhere male sterility is used,\n1 000 m\n—\nwhere male sterility is not used,\n600 m\n—\nfor the production of certified seed,\n500 m\n(b)\nThe crop shall have sufficient identity and purity as regards the characteristics of the components, including male sterility.\nIn particular, the crop shall conform to the following other standards or conditions:\n(i) the number of plants of the crop species, which are recognisable as obviously not being true to the component shall not exceed,\none per 30 m2 for the production of basic seed,\none per 10 m2 for the production of certified seed, this standard to apply in official field inspections to the female component only;\n(ii) in the case of basic seed, where male sterility is used, the level of sterility of the male-sterile component shall be at least 98 %.\n(c)\nWhere appropriate, certified seed shall be produced in mixed cultivation of a female male-sterile component with a male component which restores male fertility.\n5.\nCrops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta and self-pollinating xTriticosecale\n(a)\nThe crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:\nthe minimum distance of the female component shall be 25 m from any other variety of the same species except from a crop of the male component,\nthis distance can be disregarded if there is sufficient protection from any undesirable foreign pollination;\n(b)\nThe crop shall have sufficient identity and purity as regards the characteristics of the components.\nWhere seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following other standards or conditions:\n(i) the minimum varietal purity of each component shall be:\nAvena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum and Triticum spelta: 99,7 %,\nself-pollinating xTriticosecale: 99,0 %;\n(ii) the minimum hybridity must be 95 %. The percentage hybridity shall be assessed in accordance with current international methods, in so far as such methods exist. In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during field inspection need not be done.\n6.\nHarmful organisms which reduce the usefulness of the seed, in particular Ustilaginaceae, shall be at the lowest possible level.\n7.\nThe satisfaction of the abovementioned other standards or conditions shall, in the case of basic seed, be examined in official field inspections and, in the case of certified seed, be examined either in official field inspections or in inspections carried out under official supervision.\nThese field inspections shall be carried out in accordance with the following conditions:\nA.. The condition and the stage of development of the crop shall permit an adequate examination.\nB.. The number of field inspections shall be at least:\n(a) for Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Phalaris canariensis, xTriticosecale, Triticum aestivum, Triticum durum, Triticum spelta, Secale cereale: one;\n(b) for Sorghum spp. and Zea mays during the flowering season:\n(aa) open-pollinated varieties: one,\n(bb) inbred lines or hybrids: three.\nWhen the crop follows a Sorghum spp. and Zea mays crop in either the preceding year or current year, at least one special field inspection shall be made to check the satisfaction of the provisions laid down in point 1 of this Annex.\nC.. The size, the number and the distribution of the portions of the field to be inspected in order to examine the satisfaction of the provisions of this Annex shall be determined in accordance with appropriate methods.\nANNEX II\nCONDITIONS TO BE SATISFIED BY THE SEED\n1.\nThe seed shall have sufficient varietal identity and varietal purity or, in the case of seed of an inbred line, sufficient identity and purity as regards its characteristics. For the seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components.\nIn particular, the seed of the species listed below shall conform to the following other standards or conditions:\nA.. Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta other than hybrids in each case:\nCategory\nMinimum varietal purity(%)\nBasic seed\n99,9\nCertified seed, 1st generation\n99,7\nCertified seed, 2nd generation\n99,0\nThe minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.\nB.. Self-pollinating varieties of xTriticosecale other than hybrids\nCategory\nMinimum varietal purity(%)\nBasic seed\n99,7\nCertified seed, 1st generation\n99,0\nCertified seed, 2nd generation\n98,0\nThe minimum varietal purity shall be examined mainly in field inspections carried out in accordance with the conditions laid down in Annex I.\nC.. Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta, and self-pollinating xTriticosecale.\nThe minimum varietal purity of the seed of the category certified seed shall be 90 %. It shall be examined in official post control tests on an appropriate proportion of samples.\nD.. Sorghum spp. and Zea mays:\nWhere for the production of certified seed of hybrid varieties a female male-sterile component and a male component which does not restore male fertility have been used, the seed shall be produced:\neither by blending seed lots in a proportion appropriate to the variety where, on the one hand, a female male-sterile component has been used and, on the other, a female male-fertile component has been used,\nor by growing the female male-sterile component and the female male-fertile component in a proportion appropriate to the variety. The proportion of these components shall be examined in field inspections carried out in accordance with the conditions laid down in Annex I.\nE.. Hybrids of Secale cereale\nSeed shall not be certified as certified seed unless due account has been taken of the results of an official post-control test, on samples of basic seed taken officially and carried out during the growing season of the seed entered for certification as certified seed to ascertain whether the basic seed met the requirements for basic seed laid down in this Directive in respect of identity and purity as regards the characteristics of the components, including male sterility.\n2.\nThe seed shall conform to the following other standards or conditions as regards germination, analytical purity and content of seeds of other plants species::\nA.. Table:\nSpecies and category\nMinimum germination(% of pure seed)\nMinimum analytical purity(% by weight)\nMaximum content by number of seeds of other plant species including red seeds of Oryza sativa in a sample of the weight specified in column 4 of Annex III(total per column)\nOther plant species (a)\nRed seeds of Oryza sativa\nOther cereal species\nPlant species other than cereals\nAvena fatua, Avena sterilis, Lolium temulentum\nRaphanus raphanistrum, Agrostemma githago\nPanicum spp.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nAvena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta:\n—\nbasic seed,\n85\n99\n4\n1 (b)\n3\n0 (c)\n1\n—\ncertified seed, 1st and 2nd generation,\n85 (d)\n98\n10\n7\n7\n0 (c)\n3\nAvena nuda:\n—\nbasic seed,\n75\n99\n4\n1 (b)\n3\n0 (c)\n1\n—\ncertified seed, 1st and 2nd generation,\n75 (d)\n98\n10\n7\n7\n0 (c)\n3\nOryza sativa:\n—\nbasic seed,\n80\n98\n4\n1\n1\n—\ncertified seed, 1st generation,\n80\n98\n10\n3\n3\n—\ncertified seed, 2nd generation,\n80\n98\n15\n5\n3\nSecale cereale:\n—\nbasic seed,\n85\n98\n4\n1 (b)\n3\n0 (c)\n1\n—\ncertified seed,\n85\n98\n10\n7\n7\n0 (c)\n3\nPhalaris canariensis:\n—\nbasic seed,\n75\n98\n4\n1 (b)\n0 (c)\n—\ncertified seed,\n75\n98\n10\n5\n0 (c)\nSorghum spp.\n80\n98\n0\nxTriticosecale:\n—\nbasic seed,\n80\n98\n4\n1 (b)\n3\n0 (c)\n1\n—\ncertified seed, 1st and 2nd generation,\n80\n98\n10\n7\n7\n0 (c)\n3\nZea mays\n90\n98\n0\nB.. Other standards or conditions applicable where reference is made to them in the table under Section 2 (A) of this Annex:\n(a) the maximum contents of seeds laid down in column 4 include also the seeds of the species in columns 5 to 10;\n(b) a second seed shall not be regarded as an impurity if a second sample of same weight is free from any seeds of other cereals species;\n(c) the presence of one seed of Avena fatua, Avena sterilis or Lolium temulentum in a sample of the prescribed weight shall not be regarded as an impurity where a second sample of the same weight is free from any seeds of these species;\n(d) in the case of varieties of Hordeum vulgare (naked barley) the required minimum germination capacity is reduced to 75 % of pure seed. The official label shall include the words ‘Minimum germination capacity 75 %’.\n3.\nHarmful organisms which reduce the usefulness of the seed shall be at the lowest possible level.\nIn particular, the seed shall conform to the following standards in respect of Claviceps purpurea (maximum number of sclerotia or fragments of sclerotia in a sample of the weight specified in column 3 of Annex III).\nThe presence of five sclerotia or fragments of sclerotia in a sample of the prescribed weight shall be deemed to be in conformity with the standards, where a second sample of the same weight contains not more than four sclerotia or fragments of sclerotia.\nCategory\nClaviceps purpurea\nCereals other than hybrids of Secale cereale:\n—\nbasic seed,\n1\n—\ncertified seed,\n3\nHybrids of Secale cereale:\n—\nbasic seed,\n1\n—\ncertified seed,\n4\nANNEX III\nLOT AND SAMPLE WEIGHTS\nSpecies\nMaximum weight of a lot(tonnes)\nMinimum weight of a sample to be drawn from a lot(grams)\nWeight of the sample for determinations by number provided for in columns 4 to 10 of Annex II (2) (A) and Annex II (3)(grams)\n1\n2\n3\n4\nAvena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum, Triticum durum, Triticum spelta, Secale cereale, xTriticosecale\n30\n1 000\n500\nPhalaris canariensis\n10\n400\n200\nOryza sativa\n30\n500\n500\nSorghum bicolor, Sorghum bicolor x Sorghum sudanense\n30\n1 000\n900\nSorghum sudanense\n10\n1 000\n900\nZea mays, basic seed of inbred lines\n40\n250\n250\nZea mays, basic seed other than of inbred lines; certified seed\n40\n1 000\n1 000\nThe maximum lot weight shall not be exceeded by more than 5 %.’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The presence of five sclerotia or fragments of sclerotia in a sample of the prescribed weight shall be deemed to be in conformity with the standards, where a second sample of the same weight contains not more than four sclerotia or fragments of sclerotia."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/74/annex/part/B",
    "retrieved_at": "2026-11-01T15:22:09.058958+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}