Proposal for a COUNCIL DECISION amending Decision 97/788/EC as regards the period of validity

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Directives 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 third countries afford the same guarantees as those carried out by the 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. That decision expired on 30 June 1999 in the case of two countries (the Republic of Korea and the Federal Republic of Yugoslavia) and will expire on 30 June 2002 in the case of the other twenty-one countries.

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 renews the equivalence until 30 June 2005 for all the third countries referred to in Decision 97/788/EC.

Proposal for a COUNCIL DECISION amending Decision 97/788/EC as regards the period of validity

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 species [1], and in particular Article 21(1)(b) thereof,

[1] OJ L 225, 12.10.1970, p. 1. Directive as last amended by Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).

Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed [2], and in particular Article 32 (1) (b) thereof,

[2] OJ L 225, 12.10.1970, p. 7. Directive as last amended by Directive 98/96/EC.

Having regard to the proposal from the Commission [3],

[3] OJ C [...], [...], p.[...]

Whereas:

(1) Council Decision 97/788/EC of 17 November 1997 on the equivalence of checks on practices for the maintenance of varieties carried out in third countries [4]determined that the official checks on practices for the maintenance of varieties carried out in certain third countries afford the same guarantees as those carried out by the Member States. That Decision expired in the case of certain third countries on 30 June 1999, and in the case of other third countries it will expire on 30 June 2002.

[4] OJ L 322, 25.11.1997, p. 39.

(2) It appears that the checks carried out in the third countries in accordance with the Decision 97/788/EC continue to afford the same guarantees as those carried out by the Member States.

(3) Decision 97/788/EC should therefore be amended accordingly.

HAS ADOPTED THIS DECISION:

Article 1

Article 3 of Decision 97/788/EC is replaced by the following:

"Article 3

This Decision shall apply from 1 July 1997 to 30 June 1999 and from [the date of adoption of Decision XXX/2002/EC] to 30 June 2005 in the case of the Republic of Korea and the Federal Republic of Yugoslavia and from 1 July 1997 to 30 June 2005 in the case of the other third countries listed in the Annex."

Article 2

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President