Date: 2021-03-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Directive (EU) 2021/415 of 8 March 2021 amending Council Directives 66/401/EEC and 66/402/EEC in order to adapt to the evolution of scientific and technical knowledge, taxonomic groups and names of certain species of seeds and weeds (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Implementing Directive (EU) 2021/415 amends Council Directives 66/401/EEC and 66/402/EEC to update botanical names of certain seeds and weeds based on evolving scientific and technical knowledge. Member states must adopt and publish necessary provisions by January 31, 2022, and apply them from February 1, 2022. The directive takes effect twenty days after publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendments to Directive 66/401/EEC (Fodder Plant Seed):**
* Replaces the 16th definition in Article 21Aa with "Festuca trachyphylla Hack. Hack." for Hard fescue.
* Amends Annex II, replacing column headings related to Elymus repens.
* **Amendments to Directive 66/402/EEC (Cereal Seed):**
* Amends Article 21A, updating botanical names for:
* Sorghum (Sorghum bicolor L. Moench subsp. bicolor)
* Sudan grass (Sorghum bicolor L. Moench subsp. drummondii Steud. de Wet ex Davidse)
* Wheat (Triticum aestivum L. subsp. aestivum)
* Durum wheat (Triticum turgidum L. subsp. durum Desf. van Slageren)
* Spelt wheat (Triticum aestivum L. subsp. spelta L. Thell.)
* Hybrids of Sorghum bicolor L. Moench subsp. bicolor x Sorghum bicolor L. Moench subsp. drummondii Steud. de Wet ex Davidse.
* Amends Annexes I, II, and III, including changes to:
* Isolation distances for Sorghum bicolor subsp. bicolor crops to produce basic and certified seed.
* Standards for crops producing certified seed of hybrids.
* Minimum varietal purity requirements for various seeds.
* **Transposition:**
* Member States must adopt and publish the necessary laws, regulations, and administrative provisions by January 31, 2022, and apply them from February 1, 2022.
* Member States must communicate the text of national law provisions to the Commission.
* **Entry Into Force:**
* The Directive enters into force twenty days after its publication in the Official Journal of the European Union.
Impact Analysis:
* **Member States:**
* *Impact:* Must update national laws and regulations to align with the updated botanical names and seed standards.
* *Action Required:* Adopt and publish necessary provisions by January 31, 2022, apply from February 1, 2022, and communicate the provisions to the Commission.
* **Seed Producers and Suppliers:**
* *Impact:* Must use the updated botanical names on seed labels and documentation. Must adhere to revised standards for seed purity and isolation distances during seed production.
* *Action Required:* Update labeling and production processes to reflect the changes.
* **European Commission:**
* *Impact:* Responsible for overseeing the implementation of the Directive by Member States.
* *Action Required:* Monitor Member States' compliance and provide guidance as needed.
Key Entities Referenced
European Union: The political and economic union of European member states, within which the directive is published.
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day business.
Council Directive 66401EEC: A directive of the European Economic Community (EEC) on the marketing of fodder plant seed.
Council Directive 66402EEC: A directive of the European Economic Community (EEC) on the marketing of cereal seed.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its scope of authority and governance.
Standing Committee on Plants, Animals, Food and Feed: A committee that provides opinions on measures related to plant health, animal health, food and feed safety within the European Union.
Ursula VON DER LEYEN: The President of the European Commission at the time of the directive's issuance.
Brussels: The de facto capital city of the European Union, where the directive was issued.
9.3.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 81/65
DIRECTIVES
COMMISSION IMPLEMENTING DIRECTIVE (EU) 2021/415
of 8 March 2021
amending Council Directives 66/401/EEC and 66/402/EEC in order to adapt to the evolution of
scientific and technical knowledge, taxonomic groups and names of certain species of seeds and
weeds
(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 2(1)(A)(a) and Article 21a thereof,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed(2), and in particular
Article 2(1)(A) and Article 21a thereof,
Whereas:
(1) In the light of the development of scientific knowledge, the botanical names of hard fescue and of couch grass, as
well as the botanical names of wheat, durum wheat, spelt wheat, sorghum and Sudan grass have been revised in
accordance with the rules of the International Code of Nomenclature for algae, fungi, and plants.
(2) The botanical name of hard fescue was revised since the name Festuca trachyphylla (Hack.) Hack. was published validly
earlier than the name Festuca trachyphylla (Hack.) Krajina. Elytrigia repens as the botanical name of couch grass was not
published validly. Instead, Elymus repens has been established as the valid botanical name of that species.
(3) Genome- and phylogeny-based approaches to the taxonomy of Triticum species have confirmed that durum wheat
and spelt wheat, previously considered independent species, are subspecies of other species. The previous botanical
name of durum wheat, Triticum durum Desf., therefore has been revised and the new name is Triticum turgidum L.
subsp. durum (Desf.) van Slageren. The botanical name of spelt wheat, Triticum spelta L., has been revised and now is
Triticum aestivum L. subsp. spelta (L.) Thell. As a consequence of spelt wheat becoming a subspecies of wheat, the
plant grouping previously named Triticum aestivum L. has been renamed Triticum aestivum L. subsp. aestivum in
accordance with the rules of the International Code of Nomenclature for algae, fungi, and plants.
(4) The previous botanical name of Sudan grass, Sorghum sudanense (Piper) Stapf, was not published validly and Sorghum
bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse has been established as the valid botanical name of
this plant grouping in accordance with the rules of the International Code of Nomenclature for algae, fungi, and
plants. As a consequence of Sudan grass having the taxonomic rank of a subspecies of sorghum, the botanical name
of sorghum, Sorghum bicolor (L.) Moench, has been revised in accordance with the rules of the International Code of
Nomenclature for algae, fungi, and plants and now is Sorghum bicolor (L.) Moench subsp. bicolor.
(5) Directives 66/401/EEC and 66/402/EEC should therefore be amended in order to reflect those changes.
(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants,
Animals, Food and Feed,
(1) OJ 125, 11.7.1966, p. 2298.
(2) OJ 125, 11.7.1966, p. 2309.L 81/66 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 9.3.2021
HAS ADOPTED THIS DIRECTIVE:
Article 1
Amendments to Directive 66/401/EEC
Directive 66/401/EEC is amended as follows:
(1) in Αrticle 2(1)(A)(a), the 16th definition is replaced by the following:
‘Festuca trachyphylla (Hack.) Hack. Hard fescue’
(2) Annex II is amended in accordance with Part A of the Annex to this Directive.
Article 2
Amendments to Directive 66/402/EEC
Directive 66/402/EEC is amended as follows:
(1) Article 2(1)(A) is amended as follows:
(a) the eighth definition is replaced by the following:
‘Sorghum bicolor (L.) Moench subsp. bicolor Sorghum’
(b) the ninth definition is replaced by the following:
‘Sorghum bicolor (L.) Moench subsp. drummondii Sudan grass’
(Steud.) de Wet ex Davidse
(c) the 11th definition is replaced by the following:
‘Triticum aestivum L. subsp. aestivum Wheat’
(d) the 12th definition is replaced by the following:
‘Triticum turgidum L. subsp. durum (Desf.) van Slageren Durum wheat’
(e) the 13th definition is replaced by the following:
‘Triticum aestivum L. subsp. spelta (L.) Thell. Spelt wheat’
(f) the 15th definition is replaced by the following:
‘Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor Hybrids resulting from the crossing of Sorghum
(L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse bicolor (L.) Moench subsp. bicolor and Sorghum bicolor
(L.) Moench subsp. drummondii (Steud.) de Wet ex
Davidse’
(2) Annexes I, II and III are amended in accordance with Part B of the Annex to this Directive.9.3.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 81/67
Article 3
Transposition
1. Member States shall adopt and publish, by 31 January 2022 at the latest, the laws, regulations and administrative
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 February 2022.
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 communicate to the Commission the text of the main provisions of national law, which they
adopt in the field covered by this Directive.
Article 4
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Article 5
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 8 March 2021.
For the Commission
The President
Ursula VON DER LEYENL 81/68 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 9.3.2021
ANNEX
Part A – Amendments to Annex II to Directive 66/401/EEC
The heading of column 7 in the table in point I(2)(A), and the heading of column 5 in the table in point II(2)(A) are replaced
by the following:
‘Elymus repens’
Part B – Amendments to Annexes I, II and III to Directive 66/402/EEC
(1) Annex I is amended as follows:
(a) in point 2, footnote (*) to the table is replaced by the following:
‘(*) In the areas where the presence of S. halepense or S. bicolor subsp. drummondii is a particular cross-pollination
issue, the following shall apply:
(a) crops to produce basic seed of Sorghum bicolor subsp. bicolor or its hybrids must be isolated not less than
800 m from any source of such contaminating pollen;
(b) crops to produce certified seed of Sorghum bicolor subsp. bicolor or its hybrids must be isolated not less than
400 m from any source of such contaminating pollen.’;
(b) point 5 is replaced by the following:
‘5. Crops to produce certified seed of hybrids of Avena nuda, Avena sativa, Avena strigosa, Oryza sativa, Triticum
aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta and self-pollinating
xTriticosecale and crops to produce certified seed of hybrids of Hordeum vulgare by means of a technique other
than Cytoplasmic Male Sterility (CMS)
(a) The crop shall conform to the following standards as regards distances from neighbouring sources of
pollen which may result in undesirable foreign pollination:
— the 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,
— this distance can be disregarded if there is sufficient protection from any undesirable foreign
pollination;
(b) The crop shall have sufficient identity and purity as regards the characteristics of the components.
Where seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following
other standards or conditions:
(i) the minimum varietal purity of each component shall be:
— Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum subsp.
aestivum, Triticum turgidum subsp. durum and Triticum aestivum subsp. spelta: 99,7 %,
— self-pollinating xTriticosecale: 99,0 %;
(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.’;
(c) point 7(B)(a) is replaced by the following:
‘(a) for Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Phalaris canariensis, xTriticosecale,
Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta, Secale cereale:
one;’;9.3.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 81/69
(2) Annex II is amended as follows:
(a) point 1 is amended as follows:
(i) point (A) is replaced by the following:
‘A. Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum aestivum subsp.
aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta other than hybrids in
each case:
Minimum varietal purity
Category
(%)
Basic seed 99,9
Certified seed, 1st generation 99,7
Certified seed, 2nd generation 99,0
The minimum varietal purity shall be examined mainly in field inspections carried out in accordance with
the conditions laid down in Annex I.’;
(ii) point (C) is replaced by the following:
‘C. Hybrids of Avena nuda, Avena sativa, Avena strigosa, Hordeum vulgare, Oryza sativa, Triticum
aestivum subsp. aestivum, Triticum turgidum subsp. durum, Triticum aestivum subsp. spelta, and
self-pollinating xTriticosecale
The minimum varietal purity of the seed of the category certified seed shall be 90 %.
In case of Hordeum vulgare produced by means of CMS, it shall be 85 %. Impurities other than the restorer
shall not exceed 2 %.
The minimum varietal purity shall be examined in official post-control test on an appropriate proportion
of samples.’;
(b) in the table of point 2(A), the entry in the third row of column 1 is replaced by the following:
‘Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum,
Triticum aestivum subsp. spelta:’;
(3) in Annex III the table is amended as follows:
(i) in the third row in the first column, the entry is replaced by the following:
‘Avena sativa, Avena strigosa, Hordeum vulgare, Triticum aestivum subsp. aestivum, Triticum turgidum subsp. durum,
Triticum aestivum subsp. spelta, Secale cereale, xTriticosecale’;
(ii) in the sixth row in the first column, the entry is replaced by:
‘Sorghum bicolor (L.) Moench subsp. bicolor’;
(iii) in the seventh row in the first column, the entry is replaced by:
‘Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse’;
(iv) in the eighth row in the first column, the entry is replaced by:
‘Hybrids of Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de
Wet ex Davidse’.