WRITTEN QUESTION E-0004/02

by Jan Mulder (ELDR) to the Commission

(17 January 2002)

Subject: Placing on the market of seed potatoes: Article 4 of Directive 98/95 amending Directive 66/403

Article 4, Paragraph 2 of Directive 98/95/EC(1) amending Directive 66/403/EEC(2) contains the following text in relation to the placing on the market of seed potatoes: The supply of seed under

certain conditions to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or seed propagation for that purpose, shall not be regarded as marketing, provided the provider of the services does not acquire title to either the seed thus supplied or the product of the harvest.

This implies that seed potatoes and potatoes thus produced would no longer have to meet the multiple requirements of variety identity, plant health, calibration or labelling, as contained in the 66/403/EEC marketing directive for seed potatoes.

1. What is the current status on implementation of the above provision in the European Union and/or in the respective Member States?

2. Is the Commission of the opinion that implementation of the above provision in the realm of seed potatoes could lead to an undesirable situation with regard to:

(a) plant health, such as information on and control of potato diseases;

(b) the fundamental principles of the seed marketing directives that aim to create a controllable and open European market of registered varieties;

(c) consumer concerns relating to, for example, traceability and GMOs?

3. Does the Commission agree that implementation of the cited exception could imply an undesirable change in the position of seed potato growers and breeders as they may be confronted with competition from emerging integrated production chains, which, due to their exclusion from certain requirements in the directive, can produce with lower costs?

4. Considering the above, is the Commission of the opinion that there is a clear need to propose a change of Article 4, Paragraph 2 of Directive 98/95/EC amending Directive 66/403/EEC, deleting the cited provision?

5. And in case question four is answered positively, when could a proposal to amend the Directive be expected?

(1) OJ L 25, 1.2.1999, p. 1.

(2) OJ P 125, 11.7.1966, p. 2320.

Answer given by Mr Byrne on behalf of the Commission

(28 February 2002)

Article 1a, last subparagraph of Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes(1) as amended by Council Directive 98/95/EC of 14 December 1998(2) requires that the conditions for the application of the provision referred to by the Honourable Member shall be determined under the relevant Committee procedure. These conditions are currently under consideration, both in the Commission and with the Member States.

1. The Commission is collecting information on the current status of implementation of the provision concerned in the Member States, and the respective conditions therefore. As soon as this compilation is completed, the Commission will inform the Honourable Member of the outcome.

2. and 3. The Commission shares the concern of the Honourable Member that an unconditional implementation of the provision could lead to undesirable effects such as those outlined in points 2 and 3 of the question. It is its intention to set up the required conditions in implementing measures to prevent these effects.

4. and 5. At this stage the Commission is not of the opinion that the relevant provision should be deleted. It is confident that the aforesaid implementing measures can effectively address the concern expressed. These implementing measures are currently under preparation, and their adoption can be expected by the end of 2002.

(1) OJ P 125, 11.7.1966.

(2) OJ L 25, 1.2.1999.