2003D0017 — EN — 07.06.2003 — 001.001 — 1
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►B COUNCILDECISION
of16December 2002
ontheequivalenceoffieldinspectionscarriedoutinthirdcountriesonseed-producingcropsand
ontheequivalence ofseedproducedinthirdcountries
(TextwithEEArelevance)
(2003/17/EC)
(OJ L 8, 14.1.2003, p. 10)
Amended by:
Official Journal
No page date
►M1Council Decision 2003/403/EC of 26 May 2003 L 141 23 7.6.2003
▼B
COUNCILDECISION
of16December 2002
ontheequivalenceoffieldinspectionscarriedoutinthirdcountries
on seed-producing crops and on the equivalence of seed produced
inthirdcountries
(TextwithEEArelevance)
(2003/17/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community.
Having regard to Council Directive 66/401/EEC of 14 June 1966 on
the marketing of fodder plant seed(1), 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 (2), and in particular Article 16(1) thereof,
Having regard to Council Directive 2002/54/EC of 13 June 2002 on the
marketing of beet seed (3), and in particular Article 23(1) thereof,
Having regard to Council Directive 2002/57/EC of 13 June 2002 on the
marketing of seed of oil and fibre plants (4), and in particular Article
20(1) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)The rules on official seed control in Argentina, Australia,
Bulgaria, Canada, Chile, the Czech Republic, Estonia, Croatia,
Hungary, Israel, Latvia, Morocco, New Zealand, Poland,
Romania, Slovenia, Slovakia, Turkey, the United States ofAmerica, Uruguay, Yugoslavia and SouthAfrica provide for anofficial field inspection to be carried out during the period ofseed production.
(2)Those rules provide in principle that seed may be officially certi-fied and seed packages officially closed in accordance withth eOECD Schemes for the Varietal Certification of Seed movingin International Trade. The rules also provide for seed sampling
and testing in accordance with the methods of the International
Seed Testing Association (ISTA), or where appropriate, in accor-dance with the rules of the Association of Official Seed Analysts(AOSA).
(3)An examination of those rules and the manner in which they areapplied in the aforementioned third countries has shown that thefield inspection of seed-producing crops satisfies the conditionslaid down in Directives 66/401/EEC, 66/402/EEC, 2002/54/ECand 2002/57/EC. The national provisions governing seed
harvested and controlled in those countries afford the same
assurances as regards the seed's characteristics and the arrange-ments for its examination, for ensuring seed identification, formarking and for control as the provisions applicable to seedharvested and controlled within the Community, provided thatfurther conditions for seed-producing crops and seed produced,
in particular in respect of packages marking, are satisfied.
(4)Council Decision 95/514/EC of 29 November 1995 on the
equivalence of field inspections carried out in third countries on2003D0017 — EN — 07.06.2003 — 001.001 — 2
(1) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2001/
64/EC (OJ 234, 1.9.2001, p. 60).
(2) OJ 125, 11.7.1966, p. 1309/66. Directive as last amended by Directive 2001/
64/EC.
(3) OJ L 193, 20.7.2002, p. 12.
(4) OJ L 193, 20.7.2002, p. 74. Directive as amended by Directive 2002/68/EC
(OJ L 195, 24.7.2002, p. 32.
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seed-producing crops and on the equivalence of seed produced in
third countries (1) provides that for a limited period field inspec-
tions carried out in certain third countries on seed-producing
crops of certain species are considered as equivalent to field
inspections carried out in accordance withCommunity legisla-tion and that seed of certain species produced in those countriesis considered as equivalent to seed produced in accordance withCommunity legislation.
(5)As Decision 95/514/EC will expire on 31 December 2002, a newdecision should be adopted and its scope extended in particularby including Estonia, Latvia and Yugoslavia.
(6)It appears desirable to limit the period for which equivalence isrecognised under this Decision to five years.
(7)It is appropriate to include in this Decision specific rulesconcerning relabelling and refastening in the Community incor-
porating rules similar to those provided by Decision 86/110/
EEC (
2), which is no longer applicable.
(8)The existing legislation already provides for an obligation forseed, including not finally certified seed, marketed in the
Community to indicate whether the seed is chemically treated
or the variety has been genetically modified. It is appropriate toprovide for detailed rules on the exact indications to be given onthe label of certified seed imported under this Decision. It isappropriate for these rules to mirror the ones provided by Deci-
sion 95/514/EC. It will be appropriate in future to update the
annexes of the present Decision in order to ensure that importedseed is subject to requirements equivalent to any new ruleswhich may be introduced, especially for not finally certifiedseed.
(9)Certain amendments to the Annexes to this Decision should beadopted in accordance withCouncil Decision 1999/468/EC of28 June 1999 laying down the procedure for the exercise ofimplementing powers conferred on the Commission (
3),
HAS ADOPTED THIS DECISION:
Article 1
Field inspections concerning the seed-producing crops of the species
specified in Annex I carried out in the third countries listed in thatAnnex, excluding seed of generations prior to basic seed, shall beconsidered equivalent to field inspections carried out in accordance
withDirectives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/
EC provided that they:
(a) are carried out officially by the authorities listed in Annex I, or
under the official supervision of those authorities;
(b) satisfy the conditions laid down in point A of Annex II.
Article 2
Seed of the species specified in Annex I, produced in the third coun-
tries listed in that Annex and officially certified by the authoritieslisted in that Annex, excluding seed of generations prior to basic seed,
shall be considered equivalent to seed complying with Directives 66/
401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC, if it satisfies theconditions laid down in point B of Annex II.2003D0017 — EN — 07.06.2003 — 001.001 — 3
(1) OJ L 296, 9.12.1995, p. 34. Decision as last amended by Commission Deci-
sion 2002/276/EC (OJ L 96, 13.4.2002, p. 28).
(2) OJ L 93, 8.4.1986, p. 23.
(3) OJ L 184, 17.7.1999, p. 23.
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Article 3
1. Where equivalent seed is ‘relabelled and refastened’ in the
Community, within the meaning of OECD Schemes for the Varietal
Certification of Seed moving in International Trade, the provisions of
Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/ECconcerning the reclosing of packages produced in the Community shallapply by analogy.
The first subparagraph shall be without prejudice to the OECD rules
applicable to suchoperations.
2. Where relabelling and refastening in the Community of equiva-
lent seed is necessary, EC labels shall be used only:
(a) if seeds produced in Member States and seeds of the same variety
and category produced in third countries are blended in order to
improve the germination capacity, provided that:
— the blend is homogeneous, and
— the label mentions each country of production; or
(b) for small EC packages within the meaning of Directives 66/401/
EEC or 2002/54/EC.
Article 4
Amendments to the Annexes, with the exception of those concerning
column 1 of the table in Annex I, shall be adopted in accordance with
the procedure laid down in Article 5.
Article 5
1. The Commission shall be assisted by the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture andForestry.
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 6
This Decision shall apply from 1 January 2003 to 31 December 2007.
Article 7
This Decision is addressed to the Member States.2003D0017 — EN — 07.06.2003 — 001.001 — 4
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ANNEX I
Countries,authoritiesandspecies
Country AuthoritySpecies referred to in the following
Directives
123
Argentina Secretaría de Agricultura,
Ganadería, Pesca y Alimenta-
ción, Buenos Aires66/401/EEC
66/402/EEC
2002/57/EC
Australia AFFA Grains Section,
Canberra66/401/EEC
66/402/EEC2002/57/EC
Bulgaria Executive Agency for variety
testing, field inspection and
seed control, Sofia2002/54/EC
66/401/EEC66/402/EEC2002/57/EC
Canada Canadian Food Inspection
Agency, Ottawa66/401/EEC
66/402/EEC2002/57/EC
Chile Servicio Agricola y Ganadero,
Santiago2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC
CzechRepublic Central Institute for Super-
vising and Testing in Agricul-
ture, Prague2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC
Estonia Estonian Plant Production
Inspectorate, Saku, Harjumaa,66/401/EEC
66/402/EEC, other than Zea
maysandSorghum spp.
2002/57/EC
Croatia State Institute for Seed and
Seedlings, Osijek2002/54/EC
66/401/EEC
66/402/EEC2002/57/EC
Hungary National Institute for Agricul-
tural Quality Control, Buda-
pest2002/54/EC
66/401/EEC
66/402/EEC2002/57/EC
Israel Ministry of Agriculture, Bet-
Dagan66/401/EEC
66/402/EEC
2002/57/EC
Latvia Ministry of Agriculture, Riga 66/401/EEC
66/402/EEC2003D0017 — EN — 07.06.2003 — 001.001 — 5
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Country AuthoritySpecies referred to in the following
Directives
123
Lithuania Ministry of Agriculture,
Vilnius66/401/EEC
66/402/EEC2002/57/EC
Morocco Service de Controle des
Semences et des Plants, Rabat66/401/EEC
66/402/EEC2002/57/EC
New Zealand Ministry of Agriculture and
Fisheries, Wellington2002/54/EC
66/401/EEC66/402/EEC2002/57/EC
Poland Seed Inspection Service
General Inspectorate, Warsaw2002/54/EC
66/401/EEC66/402/EEC — other than Zea
mays
2002/57/EC
Romania Ministry of Agriculture, Food
and Fisheries, Bucharest2002/54/EC
66/401/EEC
66/402/EEC2002/57/EC
Slovenia Ministry of Agriculture,
Forestry and Food, Ljubljana66/401/EEC
66/402/EEC
2002/57/EC
Slovakia Central Control and Testing
Institute in Agriculture, Brati-
slava2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC
Turkey Ministry of Agriculture and
Rural Affairs, Ankara2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC
United States of America USDA, Beltsville, Maryland 2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC
Uruguay Ministerio de Ganadería Agri-
cultura y Pesca, Montevideo66/401/EEC
66/402/EEC
2002/57/EC
Yugoslavia Federal Ministry of Economic
and Internal Trade, Belgrade2002/54/EC
66/401/EEC66/402/EEC
2002/57/EC2003D0017 — EN — 07.06.2003 — 001.001 — 6
▼M1
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▼B
Country AuthoritySpecies referred to in the following
Directives
123
SouthAfrica National Department of Agri-
culture, Pretoria66/401/EEC
66/402/EEC — only in respect
ofZea mays andSorghum spp.
2002/57/EC2003D0017 — EN — 07.06.2003 — 001.001 — 7
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ANNEX II
A.Conditionsrelating to field inspectionscarried outin thirdcountries on
seed-producingcrops
1. Field inspections shall be carried out in accordance with national rules for
the application of the OECD Schemes for the Varietal Certification of
Seed moving in International Trade as follows:
— sugar beet and fodder beet seed, in the case of Beta vulgaris referred
to in Directive 2002/54/EC,
— grass and legume seed, in the case of the species referred to in Direc-
tive 66/401/EEC,
— crucifer seed and other oil and fibre species seed, in the case of the
species referred to in Directives 66/401/EEC and 2002/57/EC,
— cereal seed, in the case of the species referred to in Directive 66/402/
EEC, other than Zea mays andSorghum spp.,
— maize and sorghum seed, in the case of Zea mays andSorghum spp.
referred to in Directive 66/402/EEC.
2. Seed not finally certified shall be packed in officially closed packages
which bear a special label provided for this purpose by the OECD.
3. Seed not finally certified shall be accompanied, without prejudice to the
certificate provided by the OECD schemes, by an official certificate
giving the following information:
— reference number of the seed used to sow the field, and name of the
Member State or third country which certified that seed,
— area cultivated,
— quantity of seed,
— the attestation that the conditions that have to be satisfied by the crops
from which the seed comes have been fulfilled.
B.Conditionsrelating toseedproducedinthirdcountries
1. Seed shall be officially certified and its packages officially closed and
marked in accordance with national rules for the application of the
OECD Schemes for the Varietal Certification of Seed moving in Inter-
national Trade as follows; the seed lots shall be accompanied by the
certificates required under those OECD schemes:
— sugar beet and fodder beet seed, in the case of Beta vulgaris
referred to in Directive 2002/54/EC,
— grass and legume seed, in the case of the species referred to in
Directive 66/401/EEC,
— crucifer seed and other oil or fibre species seed, in the case of the
species referred to in Directives 66/401/EEC and 2002/57/EC,
— cereal seed, in the case of the species referred to in Directive 66/
402/EEC, other than Zea mays andSorghum spp.,
— maize and sorghum seed, in the case of Zea mays andSorghum spp.
referred to in Directive 66/402/EEC.
Moreover, seed shall satisfy the conditions of Community rules other
than those relating to varietal identity and varietal purity.
2. Seed shall satisfy the following conditions.
2.1. The conditions which seed shall satisfy in accordance with the second
subparagraphof paragraph1 are laid down in th e following Directives:
— Directive 66/401/EEC, Annex II,
— Directive 66/402/EEC, Annex II,— Directive 2002/54/EC, Annex I(B),
— Directive 2002/57/EC, Annex II.
2.2. For the purpose of the examination to check whether the abovemen-
tioned conditions have been satisfied, samples shall be taken officially
in accordance with the ISTA rules, and their weights shall conform to
the weight stipulated under such methods, taking into account those
specified in the following Directives:
— Directive 66/401/EEC, Annex III, columns 3 and 4,
— Directive 66/402/EEC, Annex III, columns 3 and 4,
— Directive 2002/54/EC, Annex II, second line,— Directive 2002/57/EC, Annex III, columns 3 and 4,2003D0017 — EN — 07.06.2003 — 001.001 — 8
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2.3. The examination shall be carried out officially in accordance with the
rules established under the ISTA rules.
2.4. By way of derogation from points 2.2 and 2.3, seed sampling and seed
testing may be carried out in accordance withth e ‘Derogatory experi-
ment on seed sampling an seed analysis’ set out in Annex V(A) to the
Decision adopted by the OECD Council on 28 September 2000 on the
OECD Schemes for the Varietal Certification of Seed moving in Inter-
national Trade.
3. Seed shall satisfy the following additional conditions in respect of
package marking.
3.1. The following official information shall be given:
— a statement that the seed satisfies the conditions of Community rules
other than those relating to varietal identity and varietal purity: ‘EC
rules and standards’,
— a statement that the seed has been sampled and tested in accordance
withcurrent international meth ods: ‘Sampled and analysed
according to ISTA rules for orange or green certificates by …,
(name or initials of the ISTA seed testing station)’,
— date of official closing,
— where seed lots have been ‘relabelled and refastened’ within the
meaning of the OECD schemes, also a statement that this operation
took place, the most recent date of reclosing and the Authorities
responsible therefore,
— country of production,
— declared net or gross weight or declared number of pure seeds or, in
the case of beet seed, clusters, and
— where weight is indicated and granulated pesticides, pelleting
substances or other solid additives are used, the nature of the addi-
tive and also the approximate ratio between the weight of pure seed
and the total weight.
This information may be given either on the OECD label or on an addi-
tional official label which shall give the name of the service and the
country. Any suppliers' labels shall be drawn up in such a manner that
they cannot be confused with the additional official label.
3.2. In the case of seed of a variety which has been genetically modified,
any label or document, official or otherwise, which is affixed to, or
accompanies, the seed lot shall clearly indicate that the variety has
been genetically modified and provide for any other information as
may be determined in the authorisation procedure required under
Community law.
3.3. An official notice placed inside the package shall give at least the refer-
ence number of the lot, the species and the variety; in addition, in the
case of beet seed, it shall be stated, where appropriate, whether the seed
is monogerm or precision seed.
This notice is not necessary if the minimum information is printed
indelibly on the package or if an adhesive label or a label of non-tear
material is used.
3.4. Any chemical treatment of the seed and the active substance shall be
noted either on the official label or on a special label as well as on the
container or inside it.
3.5. All information required for official labels, for official notices and for
packages shall be given in at least one of the official languages of the
Community.
4. The seed lots shall be accompanied by an orange or green ISTA certifi-
cate giving the information relating to the conditions in paragraph 2.
5. In the case of basic seed of varieties which are exclusively maintained
within the Community, the seed of the preceding generations shall have
been produced within the Community.2003D0017 — EN — 07.06.2003 — 001.001 — 9
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In the case of basic seed of other varieties, the seed of the preceding
generations shall have been produced under the responsibility of the
persons responsible for the maintenance breeding, referred to in the
common catalogue of varieties of agricultural plant species either within
the Community or in a third country which has been granted, under
Decision 97/788/EC (1), the equivalence of checks on practices for the
maintenance of varieties carried out in third countries.
6. For certified seed of all generations, seed of the previous generations
shall have been produced and officially controlled and certified:
— either within the Community, or
— in a third country which has been granted equivalence under this
Decision for the production of basic seed of the species concerned,
provided that it has been produced from seed produced in accor-
dance withparagraph5.
7. In the case of Canada and the United States of America, by way of
derogation from:
— points 2.2 and 2.3,
— point 3.1, second indent, and— point 4,
sampling, testing and issue of seed analysis certificates may be carried
out by officially recognised seed testing laboratories according to the
rules of the AOSA. In this case:
— the following statement shall be given under paragraph 3.1:
‘Sampled and analysed according to AOSA rules by …’ (name or
initials of the officially recognised seed testing laboratory), and
— the certificates required under paragraph 4 shall be issued by the
officially recognised seed testing laboratory under the responsibility
of the Authorities listed in Annex I.2003D0017 — EN — 07.06.2003 — 001.001 — 10
(1) OJ L 322, 25.11.1997, p. 39. Decision as last amended by Decision 2002/580/EC (OJ L
184, 13.7.2002, p. 26).