COUNCIL DECISION of 29 November 1995 on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries (95/514/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/400/EEC of 14 June 1966 on the marketing of beet seed (1), and in particular Article 16 (1) thereof,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (2), and in particular Article 16 (1) thereof,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (3), and in particular Article 16 (1) thereof,
Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (4), and in particular Article 15 (1) thereof,
Having regard to the proposal from the Commission,
Whereas there are rules on official seed control in Australia, Bulgaria, Canada, Switzerland, Croatia, the Czech Republic, Hungary, Israel, Morocco, New Zealand, Poland, Romania, Argentina, Chile, Slovakia, Slovenia, Turkey, Uruguay, the United States of America and South Africa; whereas these rules provide for an official field inspection to be carried out during the period of seed production;
Whereas the abovementioned rules provide in principle that basic seed, certified seed and certified seed of the first generation may be officially certified and their packages officially closed in accordance with the OECD schemes and for the varietal certification of seed moving in international trade; whereas, furthermore, such rules provide for seed sampling and testing in accordance with the methods of the International Seed Testing Association ('ISTA`);
Whereas in the respective third countries an examination of these rules and the manner in which they are applied has shown that the prescribed field inspection of seed producing crops satisfies the relevant conditions laid down in the abovementioned Directives; whereas the conditions governing seed harvested and controlled in these countries afford the same assurances as regards the seed's characteristics, the arrangements for its examination, for ensuring identity, for marking and for control, as do the conditions applicable to seed, harvested and controlled within the Community;
Whereas Decision 85/355/EEC (5), which established equivalence for field inspections in the abovementioned countries and Decision 85/356/EEC (6) which established equivalences for seed produced in the abovementioned countries, expired on 30 June 1995; whereas a new decision is therefore necessary;
Whereas the OECD schemes for the varietal certification of seed moving in international trade, upon which this Decision is based, may be modified in the near future; whereas, in these circumstances, it appears desirable to limit the continuation of the equivalence under this Decision to 18 months;
Whereas this Decision is without prejudice to a possible renewal of the equivalence in respect of Cyprus where seed production and field inspections did not take place under Decisions 85/355/EEC and 85/356/EEC;
Whereas this Decision does not preclude Community findings being revoked where the conditions on which they are based cease to be satisfied; whereas, to this end, further practical information on seed produced in the abovementioned countries should be obtained by growing and checking samples of such seed in Community comparative tests;
Whereas certain provisions in this decision are subject to technical amendment; whereas, to simplify the procedures, such modifications should be dealt with under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
Article 1
It is hereby declared that field inspections of seed producing crops of the categories 'certified seed` and 'certified seed for the first generation`, carried out in the countries and by the Authorities listed in Part I of the Annex hereto, and in respect of the group of species or species specified therein, satisfy the conditions laid down in Part A of Annex I to Directive 66/400/EEC and in Annex I to Directives 66/401/EEC, 66/402/EEC and 69/208/EEC in so far as the conditions laid down in Part II (A) of the Annex hereto are satisfied.
Article 2
It is hereby also declared that where the conditions laid down in Part II (B) of the Annex hereto are satisfied, seed of the categories 'basic seed`, 'certified seed` and 'certified seed of the first generation` harvested in the countries listed in Part I of the Annex and officially controlled by the respective Authorities also listed in Part I of the Annex and belonging to the group of species or species specified therein, is equivalent to seed of the corresponding categories harvested within the Community and complying with Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC.
Article 3
1. Seed which has not been officially certified by an Authority of the producer country is also equivalent within the meaning of Article 2 in so far as the following conditions are fulfilled:
- the seed has been harvested in the Community and been subjected to the prescribed field inspection, and - the seed has been officially certified by an Authority referred to in the Annex for the species concerned and belonging to the country where the seeds of the previous generation, which shall have been produced either in the Community or in that country, were officially certified.
2. By way of derogation from the first indent of paragraph 1 of this Article, equivalence may be granted to seeds harvested in certain specific third countries, in accordance with the procedure laid down in Article 21 of Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC, on condition that such countries enjoy, under this Decision, equivalence of field inspections carried out in third countries and have been subject in those countries to the prescribed field inspection.
Article 4
Where 'relabelling and refastening` as referred to in the OECD schemes takes place within the Community, the provisions laid down in Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC with respect to reclosing of packages of seed produced within the Community shall apply mutatis mutandis, without prejudice to the OECD rules applicable to such operations. EC labels shall not be used for this purpose.
The conditions under which exceptions to the prohibition referred to in the first paragraph may be provided for shall be decided on, where appropriate, in accordance with the procedure laid down for in Article 21 of Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC.
Article 5
Technical and administrative amendments to be made to Annex I, with exception of those concerning column 1 of the table in Part I of that Annex, shall be adopted in accordance with the procedure laid down in Article 21 of Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and in Article 20 of Directive 69/208/EEC.
Article 6
This Decision shall apply from 1 July 1995 to 31 December 1996.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 29 November 1995.