Article 2, Paragraph 1. · Council Directive 2002/55/EC

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1.For the purpose of this Directive:(a)‘marketing’shall mean the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed to third parties, whether or not for consideration.Trade in seed not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

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

(i)which is 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;

(i)which has sufficient varietal identity and varietal purity;

(i)by State authorities; or

(i)5 kg for legumes;

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

(ii)which is intended mainly for the production of vegetables;

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

(ii)500 g for onions, chervil, asparagus, spinach beet or chard, red beet or beetrood, turnips, water melon, gourd, marrows, carrots, radishes, scorzonera or black salsify, spinach, corn-salad or lamb's lettuce;

(iii)which, subject to the provisions of Article 22, satisfies the conditions laid down in Annexes I and II for basic seed; and

(iii)which, subject to the provisions of point (b) of Article 22, satisfies the conditions laid down in Annexes I and II for certified seed;

(iii)which satisfies the conditions laid down in Annex II; and

(iii)in the case of ancillary activities which are also under State control, by any natural person duly sworn for that purpose;

(iii)100 g for all other species of vegetable.

(iv)which has been found by official examination or, in the case of the conditions laid down in Annex II, either by official examination or examination carried out under official supervision to satisfy the conditions set out in (i), (ii) and (iii);

(iv)which has been found by official examination or by examination carried out under official supervision to satisfy the conditions set out in (i), (ii) and (iii);

(iv)which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

(v)which is subject to official post-control by check inspection to verify its varietal identity and varietal purity;

—the supply of seed to official testing and inspection bodies,

—Garden Beet Group (Beetroot including Cheltenham beet)

—Kale Group

—Chinese Cabbage Group

—all varieties

—Witloof Chicory Group

—all varieties

—Cucumber Group

—all varieties

—Cepa Group (Onion, Echalion)

—all varieties

—Globe Artichoke Group

—all varieties

—Azoricum Group

—all varieties

—Leaf Parsley Group

—all varieties

—Dwarf French Bean Group

—Round Pea Group

—all varieties

—Radish Group

—all varieties

—Sweet Corn Group

—all varieties

—Celery Group

—all varieties

—the supply of seed to providers of services for processing or packaging, provided the provider of services does not acquire title to seed thus supplied.

—Root Parsley Group

—Climbing French Bean Group

—Wrinkled Pea Group

—Black Radish Group

—Popcorn Group

—Aggregatum Group (Shallot)

—Celeriac Group

—Leaf Beet Group (Spinach beet or Chard)

—Cauliflower Group

—Vegetable Turnip Group

—Leaf Chicory Group (Large-leaved chicory or Italian chicory)

—Gherkin Group

—Cardoon Group

—Capitata Group (Red cabbage and White cabbage)

—Industrial (Root) Chicory Group

—Sugar Pea Group

—Brussel Sprouts Group

—Kohlrabi Group

—Savoy Cabbage Group

—Broccoli Group (calabrese type and sprouting type)

—Palm Kale Group

—Tronchuda Group (Portuguese cabbage)

The supply of seed under certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose, shall no be regarded as marketing, provided the provider of services does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed shall provide the certification authority with a copy of the relevant parts of the contract made with the provider of services and this shall include the standards and conditions currently met by the seed provided.The conditions for the application of this provision shall be determined in accordance with the procedure referred to in Article 46(2);(b)‘vegetables’means plants of following species intended for agricultural or horticultural production, but not for ornamental uses.Allium cepa L.Allium fistulosum L. (Japanese bunching onion or Welsh onion)Allium porrum L. (Leek)Allium sativum L. (Garlic)Allium schoenoprasum L. (Chives)Anthriscus cerefolium (L.) Hoffm. (Chervil)Apium graveolens L.Asparagus officinalis L. (Asparagus)Beta vulgaris L.Brassica oleracea L.Brassica rapa L.Capsicum annuum L. (Chili or Pepper)Cichorium endivia L. (Endive)Cichorium intybus L.Citrullus lanatus (Thunb.) Matsum. et Nakai (Watermelon)Cucumis melo L. (Melon)Cucumis sativus L.Cucurbita maxima Duchesne (Gourd)Cucurbita pepo L. (Marrow, including mature pumpkin and scallop squash, or Courgette, including immature scallop squash)Cynara cardunculus L.Daucus carota L. (Carrot and Fodder Carrot)Foeniculum vulgare Mill. (Fennel)Lactuca sativa L. (Lettuce)Solanum lycopersicum L. (Tomato)Petroselinum crispum (Mill.) Nyman ex A. W. HillPhaseolus coccineus L. (Runner bean)Phaseolus vulgaris L.Pisum sativum L.Raphanus sativus L.Rheum rhabarbarum L. (Rhubarb)Scorzonera hispanica L. (Scorzonera or Black salsify)Solanum melongena L. (Aubergine or Eggplant)Spinacia oleracea L. (Spinach)Valerianella locusta (L.) Laterr. (Corn salad or Lamb’s lettuce)Vicia faba L. (Broad bean)Zea mays L.All hybrids of the species and Groups listed above.(c)‘basic seed’means seed(d)‘certified seed’means seed(e)‘standard seed’means seed(f)‘official measures’means measures takenprovided that the persons mentioned under (ii) and (iii) derive no private gain from such measures;(g)‘EC small packages’means packages containing seed up to a maximum net weight of

Council Directive 2002/55/EC

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