[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 01.06.2005

COM(2005) 226 final

Proposal for a

COUNCIL DECISION

the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Directives 2002/53/EC on the Common Catalogue of varieties of agricultural plant species and 2002/55/EC on the marketing of vegetable seed provide for the Council to determine whether the checks on practices for the maintenance of varieties carried out in third countries afford the same guarantees as those carried out by Member States.

By Decision 97/788/EC the Council determined that the above checks afforded the same guarantees as those carried out by the Member States. The decision expires on 30 June 2005.

On the basis of the information collected by the Commission services within the Standing Committee on Seeds and obtained from Community comparative trials, these countries continue to afford the same guarantees.

The present proposal would establish the list of third country equivalence referred to in Decision 97/788/EC and would permit the Commission to update the list taking into account the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry.

Proposal for a

COUNCIL DECISION

the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species[1], and in particular Article 22 (1) (b) thereof,

Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed[2], and in particular Article 37 (1) (b) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By Decision 97/788/EC[3], the Council determined that the official checks on practices for the maintenance of varieties carried out in certain third countries afforded the same guarantees as those carried out by the Member States. That Decision expires on 30 June 2005.

(2) It appears that the checks carried out in the third countries referred to in Decision 97/788/EC continue to afford the same guarantees as those carried out by the Member States. Those checks should therefore continue to be considered as equivalent.

(3) This Decision does not prevent Community findings on equivalence from being revoked or the extension of their period of validity being refused when the conditions on which they are based are not, or cease to be, satisfied.

(4) Since the Annex may require frequent amendments, it should be amended in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[4],

HAS ADOPTED THIS DECISION:

Article 1

The official checks on practices for the maintenance of varieties carried out in the third countries listed in the Annex by the authorities mentioned therein for the species covered by the Directives referred to for each of those countries afford the same guarantees as those carried out by the Member States.

Article 2

Amendments to the Annex shall be adopted in accordance with the procedure referred to in Article 3(2).

Article 3

1. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, hereinafter referred to as “the Committee”.

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 one month.

3. The Committee shall adopt its rules of procedure.

Article 4

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

ANNEX

Country* | Authority responsible for carrying out checks | Directives |

AR | Secretaría de Agricultura, Ganadería, Pesca y Alimentación, Buenos Aires | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC |

AU | Australian Seeds Authority, Victoria | 66/401/EEC 2002/57/EC 2002/55/EC |

BG | Ministry of Agriculture and Forestry, Sofia | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC 2002/55/EC |

CA | Canadian Food Inspection Agency, Ottawa | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC |

CH | Eidgenössische Forschungsanstalt für Agrarökologie und Landbau (FAL) Zürich Station Fédérale de Recherches en Production Végétale de Changins (RAC), Nyon | 2002/55/EC |

CL | Servicio Agrícola y Ganadero, Santiago | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC |

CS | National Laboratory for Seed Testing, Novi Sad | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC |

HR | Ministry for Seed and Seedlings, Osijek | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC |

IL | Ministry of Agriculture Bet-Dagan | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC 2002/55/EC |

JP | Ministry of Agriculture, Forestry and Fisheries, 1-2-1 Kumigaseki, Chiyodaku, Tokyo | 2002/55/EC |

KR | Ministry of Agriculture, Forestry and Fisheries, Vegetables Division, Seoul | 2002/55/EC |

MA | Ministère de l’agriculture et de la mise en valeur agricole, Rabat | 66/401/EEC 66/402/EEC 2002/57/EC 2002/55/EC |

NZ | Ministry of Agriculture and Fisheries, Wellington | 66/401/EEC |

RO | Ministry of Agriculture and Food, Bucharest | 2002/57/EC |

TW | Council of Agriculture, Food and Agriculture Department, Taipei | 2002/55/EC |

US | United States Department of Agriculture, Beltsville, Maryland | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC 2002/55/EC |

UY | Ministerio de Ganadería, Agricultura y Pesca, Montevideo | 2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC |

ZA | Department of Agriculture, Pretoria | 66/401/EEC 66/402/EEC 2002/57/EC |

*AR - Argentina AU - Australia BG - Bulgaria | CS - Serbia and Montenegro HR - Croatia IL - Israel | NZ - New Zealand RO - Romania TW - Taiwan |

CA - Canada | JP - Japan | US - United States of America |

CH - Switzerland CL - Chile | KR - Republic of Korea MA - Morocco | UY - Uruguay ZA - South Africa |

[1] OJ L 193, 20.7.2002 p. 1. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

[2] OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation (EC) No 1829/2003.

[3] OJ L 322, 25.11.1997, p. 39. Decision as last amended by Commission Decision 2004/120/EC (OJ L 36, 7.2.2004, p. 57).

[4] OJ L 184, 17.7.1999, p. 23.