Date: 2018-07-20Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Directive (EU) 2018/1028 of 19 July 2018 correcting Implementing Directive (EU) 2016/2109 amending Council Directive 66/401/EEC as regards the inclusion of new species and the botanical name of the species Lolium x boucheanum Kunth (Text with EEA relevance.)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Directive (EU) 2018/1028 corrects a clerical error in Implementing Directive (EU) 2016/2109, which amended Council Directive 66/401/EEC regarding fodder plant seed marketing. The correction reinstates a footnote in Annex III of Directive 66/401/EEC concerning maximum lot weight for Poaceae Gramineae. Member States must adopt and publish the necessary provisions to comply with this directive by December 31, 2018, and apply them from January 1, 2019.
Key Points / Main Content:
* **Amendment:**
* The Annex to Implementing Directive (EU) 2016/2109 is amended as per the Annex to this Directive.
* The footnote reference related to Poaceae Gramineae in Annex III to Directive 66/401/EEC is reinstated.
* **Transposition:**
* Member States are required to adopt and publish laws, regulations, and administrative provisions to comply with this Directive by December 31, 2018.
* These provisions must be applied from January 1, 2019.
* Member States must communicate the text of these provisions to the Commission.
* Member States must also communicate the main provisions of national law adopted in the covered field to the Commission.
* **Entry into Force:**
* This Directive enters into force on the day following its publication in the Official Journal of the European Union.
Impact Analysis:
**Member States:**
* *Impact:* Required to incorporate the changes into their national laws and regulations regarding the marketing of fodder plant seed.
* *Action Required:* Adopt and publish necessary provisions by December 31, 2018, apply them from January 1, 2019, and communicate the text of these provisions to the Commission.
**Fodder Plant Seed Suppliers:**
* *Impact:* Specifically, suppliers authorized by the competent authority regarding the maximum lot weight of Poaceae Gramineae.
* *Action Required:* Ensure compliance with the reinstated provision allowing the increase of maximum lot weight to 25 tonnes if authorized.
**European Commission:**
* *Impact:* Responsible for overseeing the implementation of the Directive by Member States.
* *Action Required:* Monitor Member States' adoption and application of the required provisions, and review communicated national laws.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Implementing Directive (EU) 2018/1028: A directive of the European Union correcting Implementing Directive EU 2016/2109.
Commission Implementing Directive (EU) 2016/2109: A directive of the European Union amending Council Directive 66/401/EEC regarding the inclusion of new species and the botanical name of Lolium x boucheanum Kunth.
Council Directive 66/401/EEC: A Council Directive of the European Economic Community on the marketing of fodder plant seed.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope and powers.
Standing Committee on Plants, Animals, Food and Feed: A committee that provides opinions on measures related to plants, animals, food and feed within the European Union.
Member States: The countries that are part of the European Union, to whom the directive is addressed.
Brussels: The capital of Belgium and a major center of European Union institutions, where the directive was issued.
20.7.2018 EN Official Journal of the European Union L 184/7
COMMISSION IMPLEMENTING DIRECTIVE (EU) 2018/1028
of 19 July 2018
correcting Implementing Directive (EU) 2016/2109 amending Council Directive 66/401/EEC as
regards the inclusion of new species and the botanical name of the species Lolium x boucheanum
Kunth
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in
particular Article 21a thereof,
Whereas:
(1) Due to a clerical error in Commission Implementing Directive (EU) 2016/2109 (2) which amended Directive
66/401/EEC, the footnote reference ‘(1)’ in Annex III to Directive 66/401/EEC was erroneously deleted from the
entry ‘Poaceae (Gramineae)’. As a result, it is no longer possible for Member States to authorise the maximum lot
weight to be increased to 25 tonnes where the supplier has been authorised for this purpose by the competent
authority.
(2) The relevant Annex to Implementing Directive (EU) 2016/2109 should therefore be corrected accordingly.
(3) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Amendment to Implementing Directive (EU) 2016/2109
The Annex to Implementing Directive (EU) 2016/2109 is amended in accordance with the Annex to this Directive.
Article 2
Transposition
1. Member States shall adopt and publish, by 31 December 2018 at the latest, the laws, regulations and adminis
trative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the
text of those provisions.
They shall apply those provisions from 1 January 2019.
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 immediately communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.
(1) OJ 125, 11.7.1966, p. 2298/66.
(2) Commission Implementing Directive (EU) 2016/2109 of 1 December 2016 amending Council Directive 66/401/EEC as regards the
inclusion of new species and the botanical name of the species Lolium x boucheanum Kunth (OJ L 327, 2.12.2016, p. 59).L 184/8 EN Official Journal of the European Union 20.7.2018
Article 3
Entry into force
This Directive shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
Article 4
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 19 July 2018.
For the Commission
The President
Jean-Claude JUNCKER20.7.2018 EN Official Journal of the European Union L 184/9
ANNEX
In point 2 of the Annex to Commission Implementing Directive (EU) 2016/2109, amending Annex III to Council
Directive 66/401/EEC, in the first column of the table, the entry for ‘Poaceae (Gramineae)’ is replaced by the following
entry with accompanying footnote:
‘Poaceae (Gramineae) (1)
(1) The maximum lot weight may be increased to 25 tonnes if the supplier has been authorised for this purpose by
the competent authority.’