Opinion of the Economic and Social Committee on the "Proposal for a Council Directive on the marketing of forest reproductive material"(1)

(1999/C 329/06)

On 8 September 1999 the Council decided to consult the Economic and Social Committee, under Article 37 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 13 July 1999. The rapporteur was Mr Kallio.

At its 366th plenary session (meeting of 22 September 1999), the Economic and Social Committee adopted the following opinion by 108 votes in favour and one abstention.

1. Background

1.1. The marketing of forest reproductive material within the EU is currently governed by two directives: Directive 66/404/EEC (the origin directive), which is concerned with the origin of material for marketing and the information required about such material, and Directive 71/161/EEC (the quality directive) on the quality of seeds and planting stock. These directives were issued in 1966 and 1971 respectively and since then have undergone very little modification. The Commission recognized the need for the directives to be revised during accession negotiations with Finland and Sweden, and these countries were granted a transitional period until the end of 1999 to implement them.

2. Assessment of the proposal

2.1. The present draft directive is the result of considerable effort by the working group and lengthy preparation within the Standing Committee on seeds and propagating material for agriculture, horticulture and forestry. It combines the above-mentioned directives into a single text and makes numerous modifications to both of them.

2.2. The proposal takes account of Finland and Sweden's special needs by adding a new category of reproductive material, known as source-identified ("stand seed"), which could not be used under the current directives. The use of material belonging to this category is indispensable, especially in northern parts of Finland and Sweden. Those countries which do not wish to use such material (e.g. Germany) can prohibit it in their national legislation. Member States are also allowed to impose more stringent requirements than those laid down in the proposal in other respects within their own territory, which ensures that there will be no need to compromise on the level of regulation previously adhered to once the revised directive comes into effect. In this sense the proposal successfully takes account of the differing needs of Member States.

2.3. The proposal responds to developments in the field. An effort has been made to bring the key concepts and classifications into line with the new updated OECD scheme covering forestry reproductive material international trade. This will facilitate trade with OECD countries outside the Community.

2.4. It is generally known that moving material too far from its origin, especially from south to north, inevitably results in the failure of forest cultivation. The Member States may, with the Commission's authorization, prohibit the use of such unsuitable material within their territory. They must demonstrate the unsuitability of the material in order to obtain this authorization. Some consideration should be given to simplifying procedures in this respect and giving Member States greater discretionary powers while at the same time respecting the free movement of goods within the Community.

2.5. The proposal broadens the scope of the directive, chiefly to take account of the increase in the number of tree species. The need for controls is also increasing, bringing higher costs. In compensation, buyers of forest reproductive material should have a higher degree of certainty that the material is of a reliable origin.

2.6. The accuracy of information on forest reproductive material must also be guaranteed when material is sold into the territories of other Member States. This requires highly effective cooperation between Member States' control authorities and an obligation to disclose information on seeds and planting stock being imported. The adequacy of the provisions concerning these procedures in the proposal is in need of review.

3. Economic impact for the Member States

3.1. Implementation of the directive will increase national administrative costs because the production and marketing of forest reproductive material will have to be documented more thoroughly and official control measures will have to be stepped up. The provisions on determining regions of provenance, various registers and maps will require a considerable amount of work at the implementation stage.

4. Entry into force of the directive

4.1. The draft directive provides for a transitional period until 1 January 2000 for implementation. This is vital for Finland and Sweden given the importance of forestry and the intensive way in which it is practised in these countries. The new provisions will entail so many administrative changes that the timetable for implementation of the directive needs to be reviewed. Since national legislation on forest reproductive material also needs to be revised, the earliest the directive can be implemented in Finland is from the beginning of 2001. The transition period for implementation of the current directives granted to Finland and Sweden upon accession, which expires at the end of this year, should therefore also be extended by at least one year. The transitional arrangements should also ensure that seeds obtained may continue to be marketed, at least domestically.

Brussels, 22 September 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

(1) OJ C 199 of 14.7.1999, p. 1.