DECISION (EU) 2020/1544 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 October 2020

amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in Ukraine on cereal seed-producing crops and on the equivalence of cereal seed produced in Ukraine

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Council Decision 2003/17/EC (3) provides that, under certain conditions, field inspections carried out on certain seed-producing crops in the third countries listed in Annex I to that Decision are to be considered equivalent to field inspections carried out in accordance with Union law and that, under certain conditions, the seed of certain species of cereal produced in those third countries is to be considered equivalent to seed produced in accordance with Union law.

(2) Ukraine has submitted a request to the Commission for the granting of equivalence to its system of field inspections of cereal seed-producing crops and to cereal seed produced and certified in Ukraine.

(3) The Commission examined the relevant legislation of Ukraine, and, on the basis of an audit carried out in 2015 concerning the system of official controls and of certification of cereal seed in Ukraine, and its equivalence with Union requirements, published its findings in a report entitled ‘Final report of an audit carried out in Ukraine from 26 May 2015 to 4 June 2015 in order to evaluate the system of official controls and certification of cereal seed and their equivalence with European Union requirements’.

(4) Following the audit, it has been concluded that field inspections of seed-producing crops, sampling, testing and official post-controls of cereal seed are carried out appropriately and satisfy the conditions set out in Annex II to Decision 2003/17/EC and the respective requirements set out in Council Directive 66/402/EEC (4). Moreover, it has been concluded that the national authorities responsible for the implementation of seed certification in Ukraine are competent and operate appropriately.

(5) Therefore it is appropriate to grant equivalence as regards field inspections carried out in respect of cereal seed-producing crops in Ukraine, and as regards cereal seed produced in Ukraine and officially certified by its authorities.

(6) Decision 2003/17/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DECISION:

Article 1 Amendments to Decision 2003/17/EC Annex I to Decision 2003/17/EC is amended as follows: (a) in the table, the following row is inserted between ‘TR’ and ‘US’: ‘UA Ministry of Agrarian Policy and Food of Ukraine Khreshchatyk str., 24, 01001, KYIV 66/402/EEC’; (b) in the footnote to the table, the following terms are inserted between ‘TR – Turkey,’ and ‘US – United States,’: ‘UA – Ukraine,’.

Article 2 Entry into force This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 3 Addressees This Decision is addressed to the Member States.

Done at Brussels, 21 October 2020. For the European Parliament The President D. M. SASSOLI For the Council The President M. ROTH

(1) Opinion of 18 September 2020 (not yet published in the Official Journal).

(2) Position of the European Parliament of 8 October 2020 (not yet published in the Official Journal) and decision of the Council of 14 October 2020.

(3) Council Decision 2003/17/EC of 16 December 2002 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 (OJ L 8, 14.1.2003, p. 10).

(4) Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309).