COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 17.07.1997 
COM(97)370 final 
Proposal for a 
COUNCIL DECISION 
on the equivalence of checks on practices for the maintenance of varieties 
carried out in third countries 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Directive 70/457/EEC on the common catalogue of varieties of agricultural 
plant species and 70/458/EEC 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 a third country afford the same 
assurance as those carried out by the Member States. 
By Decision 92/420/EEC the Council determined that the checks on practices 
for the maintenance of varieties in certain third countries afforded the 
same assurance as those carried out by the Member States. That Decision 
will expire on 30 June 1997. 
The present proposal renews the equivalence until 30 June 2002 for all the 
third countries referred to in Decision 92/420/EEC, with the exception of 
the Republic of Bosnia and Herzegovina as no varieties of Community 
interest are maintained there. In the case of the Federal Republic of 
Yugoslavia and the Republic of Korea the renewal only extends until 
30 June 1999, as further information is awaited from those countries. 
There are no subsidiarity implications given that the proposal is based on 
Article 21 of Directive 70/457/EEC and Article 32 of Directive 70/458/EEC, 
both of which Directives were adopted under Article 43 of the Treaty on the 
European Community. 
Proposal for a Council Decision 
of 
on the equivalence of checks on practices for the maintenance of varieties 
carried out in third countries 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Directive 70/457/EEC of 29 September 1970 on the 
common catalogue of varieties of agricultural plant species1, and in 
particular Article 21(1)(b) thereof, 
Having regard to Council Directive 70/458/EEC of 29 September 1970 on the 
marketing of vegetable seed2, and in particular Article 32(1) (b) thereof, 
Having regard to the proposal from the Commission, 
Whereas, by Decision 92/420/EEC3, the Council noted 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; whereas the said Decision expires on 30 June 1997; 
Whereas it appears that the abovementioned official checks carried out in 
the third countries referred to in Decision 92/420/EEC, without prejudice 
to the fact that the former "Czech and Slovak Federal Republic" was 
replaced by the "Czech Republic" and the "Slovak Republic", continue to 
afford the same guarantees as those carried out by the Member States; 
Whereas, in the case of the Republic of Korea, covered by the above 
mentioned Decision, additional information has been requested; whereas 
additional information has also been requested from the Federal Republic of 
Yugoslavia; 
OJ No L 225, 12.10.1970, p. 1, Directive as last amended by the Act 
of Accession of Austria, Finland and Sweden 
OJ No L 225, 12.10.1970, p. 7, Directive as last amended by Directive 
96/7/EC (OJ No L 304, 22.11.1996, p. 10) 
OJ No L 231, 13.08.1992, p. 22 
3 
Whereas it is therefore appropriate, in the case of these countries, to 
grant a shorter period of equivalence to allow time for this information to 
be supplied and assessed; 
Whereas, in the case of certain countries, an examination of the conditions 
under which official checks on practices for the maintenance of varieties 
of additional species has shown that these checks afford the same 
guarantees as those carried out by the Member States; 
Whereas the equivalence granted to such countries should be extended to 
these additional species; 
Whereas it appears pointless to continue the equivalence previously granted 
in respect of the Republic of Bosnia and Herzegovina as no varieties of 
Community interest are maintained there; 
Whereas this Decision in no way prevents 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; whereas, to this end, further practical information on seed 
of the varieties being maintained in the abovementioned countries should 
also be obtained when carrying out Community comparative tests; 
Whereas certain of the technical and administrative provisions in the Annex 
may be subject to frequent adjustment; whereas, in order to simplify the 
procedure which at present governs amendments to the Annex, recourse should 
be had to 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 noted that the official checks on practices for the 
maintenance of varieties carried out in the countries by the authorities 
listed in the Annex for the species covered by the Council Directives 
listed therein and concerning the said countries afford the same guarantees 
as those carried out by the Member States. 
<* 
Article 2 
The technical and administrative adjustments to be made to the Annex, with 
the exception of those concerning column 1 of the table, shall be adopted 
in accordance with the procedure laid down in Article 23 of Directive 
70/457/EEC and in Article 40 of Directive 70/458/EEC. 
Article 3 
This Decision shall apply from 1 July 1997 to 30 June 1999 in the case of 
the Republic of Korea and the Federal Republic of Yugoslavia and from 
1 July 1997 to 30 June 2002 in the case of the other third countries listed 
in the Annex. 
Article 4 
This Decision is addressed to the Member States. 
Done at Brussels, For the Council, 
• S 
LEGEND 
Column A: Country: 
AR = Argentina 
AU = Australia 
BG = Bulgaria 
CA = Canada 
CH = Suisse 
CL = Chile 
CZ = Czech Republic 
HR = Republic of Croatia 
HU = Hungary 
IL = Israel 
JP = Japan 
KR = Republic of Korea 
MA = Marocco 
NZ = New Zealand 
PL = Poland 
RO = Romania 
SI = Republic of Slovenia 
SK = Slovak Republic 
TW = Taiwan 
US = United States of America 
UY = Uruguay 
YU = Federal Republic of Yugoslavia 
ZA = South Africa 
Column B: Authority responsible for carrying out checks 
Column C: EEC Directive(s) 
AJflfEX 
Ministerio de Economia y Obras y Servicios Publicos 
Secretaria de Agricultura, Ganaderia y Pesca 
Instituto Nacional de Semillas 
Buenos Aires 66/400 
66/401 
66/402 
69/208 
AU Commonwealth Department of Primary Industries and Energy 
Canberra 66/401 
69/208 
70/458 
BG Semena i Possadchen Material 
Sofia 66/400 
66/401 
66/402 
69/208 
70/458 
CA Plant Products Division 
Division des Produits végétaux 
Nepean, Ontario 66/400 
66/401 
66/402 
69/208 
CH Eidgenossische Forschungsanstalt fur 66/400 
Landwirtschaftlichen Pflanzenbau 66/401 
Reckenholz 66/402 
Zurich 69/208 
Station Fédérale de Recherches en Production Végétale de 70/458 
Changins (RAC) 
Nyon 
CL Servicio Agricola y Ganadero 
Departamento de Semillas 
Santiago 66/400 
66/401 
66/402 
69/208 
CZ Ustredni kontrolni a zkusebni ustav zemedelsky v Brne 66/400 
Odbor osiva a sadby Praha 66/401 
Central Institute for Supervising and Testing in 66/402 
Agriculture 69/208 
Department of seed testing 70/458 
Praha 
HR Be Institute for Breeding and Production of Field Crops, 
Zagreb 66/400 
66/401 
66/402 
69/208 
HU Orszagos 
Mezogazdasagi Minosito Intézet 
National Institute for Agricultural Quality Control 
1024 Budapest 
Budapest 66/400 
66/401 
66/402 
69/208 
70/458 
KR Ministry of Agriculture, Forestry & Fisheries 
Vegetables Div. 
Seoul 70/458 
MA Ministère de l'Agriculture et de la Mise en Valeur j 66/401 
Agricole 66/402 
Direction de la Protection des Végétaux des Contrôles 69/208 
Techniques et de la Repression des Fraudes 70/458 
f 
Ministry of Agriculture 
Te Manatu Ahuwhenua Aotearoa 
MAF Regulatory Authority 
Wellington 
PL Inspekcja Nasienna 
Centralny Inspektorat 
Seed Inspection Service 
General Inspectorate 
Warszawa 66/400 
66/401 
66/402 
69/208 
70/458 
RO Ministry of Agriculture and Food 
Control and Inspections Department 
Bucharest 69/208 
SI Kmetijski Institut Slovenije 
Agricultural Institute of Slovenia 
Ljubljana 66/400 
66/401 
66/402 
69/208 
SK I Ustredny Kontrolny a Skusobny Ustav Polnohospodarsky 
Bratislava 66/400 
66/401 
66/402 
69/208 
70/458 
TW Council of Agriculture, Food and Agriculture Department 
Taipei 70/458 
US United States Department of Agriculture 
Agricultural Research Service 
Beltsville, Maryland 66/400 
66/401 
66/402 
69/208 
70/458 
UY Ministerio de Ganaderia, Agricultura y Pesca 
Direccion General de Servicios Agronomicos 
Direccion Granos 
Unidad Ejecutora de Semillas 
Montevideo 66/400 
66/401 
66/402 
69/208 
YU Savezno Ministarstvo za Poljoprivredu 
Federal Ministry of Agriculture 
Beograd 66/402 
ZA Department of Agriculture 
Directorate of Plant and Quality Control 
Pretoria 66/401 
66/402 
69/208 
ISSN 0254-1475 
COM(97) 370 final 
DOCUMENTS 
EN 03 11 02 
Catalogue number : CB-CO-97-363-EN-C 
ISBN 92-78-22741-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg