Proposal for a COUNCIL DECISION on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries
Date: 1995-06-13
Institutions: European Commission
Subjects: OECD, mutual recognition principle, plant health control, plant health legislation, seed, third country

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  13.06.1995 
COM(95)  258  final 

Proposal  for  a 

COUNCIL  DECISION 

on  the  equivalence  of  f i e ld  inspections  carried  out  in  third  countries  on 
seed  producing  crops  and  on  the  equivalence  of  seed  produced  in  t h i rd 
c o u n t r i es 

(presented  by  the  Commission) 

EXPLANATOPY MEMORANDUM 

Directive 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC on the 
marketing of beet seed, fodder plant seed, cereal seed and seed of oil and 
fibre plants respectively, provide for the Council to determine whether 
field  inspections  in third countries and seed harvested  in third  countries 
are equivalent to those in the Community. 

By Decision 85/355/EEC the Council determined that field inspections 
carried out in certain third countries on seed-producing crops of certain 
species satisfied the conditions laid down in the Community  legislation on 
the marketing of seed; by Decision 85/356/EEC the Council determined that 
seed of certain species produced  in the same third countries was equivalent 
to corresponding  seed produced  in the Community. These Decisions covered 
twenty-one third  countries and established the conditions under which seed 
of agricultural plant species might be imported  into the Community. They 
expire on 30 June 1995. 

The present proposal renews the equivalence both in relation to the field 
inspections and the seed produced  in the same third countries, with the 
exception of Cyprus, where production and field inspections of seed 
intended  for the Community did not take place during the period of 
application of Decisions 85/355/EEC and 85/356/EEC. The Decision will apply 
from 1 July  1995 to 31 December 1996. (This period  is shorter than usual 
given that the OECD  schemes, on which many of the third countries base 
their seed production and which are referred to in the Decision, will be-
modified during that period.) 

There are no subsidiarity  implications given that the proposal is based on 
Directives adopted under Article 43 of the Treaty on the European Community 
and thus falls within the exclusive competence of the Community. 

A  <^-

Proposal for a Council Decision 
of 
on the equivalence of field inspections carried out in third countries on 
seed producing crops and on the equivalence of seed produced  in third 
countries 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Directive 66/400/EEC of 14 June 1966 on the 
marketing of beet seed1, as last amended by the Act of Accession of 
Austria, Finland and Sweden, and in particular Article 16(1) thereof, 

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the 
marketing of fodder plant seed2, as last amended by the Act of Accession of 
Austria, Finland and Sweden, and in particular Article 16(1) thereof, 

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the 
marketing of cereal seed3, as last amended by the Act of Accession of 
Austria, Finland and Sweden, and in particular Article 16(1) thereof, 

Having, regard to Council Directive 69/208/EEC of 30 June 1969 on the 
marketing of seed of oil and fibre plants4, as last amended by the Act of 
Accession of Austria, Finland and Sweden, and in particular Article 15(1) 
thereof, 

Having regard to the proposal from the Commission, 

OJ No 125, 11.07.1966, p. 2320/66 
OJ No 125, 11.07.1966, p. 2298/66 
OJ No 125, 11.07.1966, p. 23Q9/66 
OJ No L 169, 10.07.1969, p. 3 

-  2 

-

Whereas there are rules on official seed control in Australia, Bulgaria, 
Canada, Switzerland, Croatia, Czech Republic, Hungary, Israel, Morocco, New 
Zealand, Poland, Rumania, Argentina, Chile, Slovak Republic, Slovenia, 
Turkey, Uruguay, United States of America and South Africa; whereas these 
rules provide for an official field inspection to be carried out during the 
period of seed production; 

Whereas the abovementioned rules provide in principle that basic seed and 
certified  seed may be officially certified and their packages officially 
closed  in accordance with the OECD schemes for the varietal certification 
of seed moving in international trade; whereas, furthermore, such rules 
provide for seed sampling and testing  in accordance with the methods of the 
International  Seed Testing Association  ("ISTA"); 

Whereas in the respective third countries an examination of these rules and 
the manner  in which they are applied has shown that the prescribed  field 
inspection of seed producing crops satisfy the relevant conditions laid 
down in the abovementioned Directives; whereas the conditions governing 
seed harvested and controlled  in these countries afford the same assurances 
as regards the seed's characteristics, the arrangements for its 
examination, for ensuring identity, for marking and for control, as do the 
conditions applicable to seed, harvested and controlled within the 
Community; 

Whereas Decision 85/355/EEC5, as last amended by Decision 95/20/EC6, which 
established equivalence for field inspections in the abovementioned 
countries and Decision 85/356/EEC7, as last amended by Decision 95/20/EC, 
which established equivalences  for seed produced in the abovementioned 
countries, expire on 30 June 1995; whereas a new decision is therefore 
necessary; 

Whereas the OECD schemes for the varietal certification of seed moving in 
international trade, upon which the present decision is based, may be 
modified  in the near future; whereas, in these circumstances, it appears 
desirable to limit the continuation of the equivalence under this decision 
to 18 months; 

Whereas this decision is without prejudice to a possible renewal of the 
equivalence in respect of Cyprus where seed production and field 
inspections did not take place under Decisions 85/355/EEC and 85/356/EEC; 

5 
6 
7 

OJ No L 195, 26.07.1985, p. 1 
OJ No L 28, 07.02.1995, p.11 
OJ No L 195, 26.07.1985, p. 20 

- 3 -

Whereas this Decision does not preclude Community  findings,being revoked 
where the conditions on which they are baaed cease to be satisfied; 
whereas, to this end, further practical information on seed produced  in the 
abovementioned countries should be obtained by growing and checking  samples 
of such seed in Community comparative tests; 

Whereas certain provisions in this decision are subject to technical 
change; whereas, to simplify the procedure for amending them, changes 
should be dealt with under 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 declared that field inspections of seed producing crops of the 
"certified seed" category, carried out in the countries and by the 
Authorities listed in Part I of the Annex hereto, and in respect of the 
group of species or species specified therein, satisfy the conditions laid 
down in Part A of Annex I to Directive 66/400/EEC and in Annex I to 
Directives 66/401/EEC, 66/402/EEC and 69/208/EEC in so far as the 
conditions laid down in Part 11(A) of the Annex hereto are satisfied. 

Article 2 

It is hereby also declared that where the conditions laid down in 
Part 11(B) of the Annex hereto are satisfied respectively, seed of the 
categories  "basic seed" and "certified seed of the first generation" 
harvested in the countries listed in Part 1 of the Annex and officially 
controlled by the respective Authorities also listed in Part I of the Annex 
and belonging to the group of species or species specified therein, is 
equivalent to seed of the corresponding categories harvested within the 
Community and complying with Directives 66/400/EEC, 66/401/EEC, 66/402/EEC 
and 69/208/EEC. 

- 4 -

Article 3 

1.  Seed which has not been officially certified by an Authority of the 

producer country  is also equivalent within the meaning of Article 2 in 
so far as the following conditions are fulfilled: 
-  the seed has been harvested  in the Community and been subjected to 

the prescribed  field inspection, and 
the seed has been officially certified by an Authority referred to 
in the Annex  for the species concerned and belonging to the country 
where the seeds of the previous generation, which shall have been 
produced either in the Community or in that country, were 
officially  certified. 

2.  In accordance with the procedure laid down in Article 21 of Directives 

66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive 
69/208/EEC and by derogation from the provisions of the first indent of 
paragraph 1 of this Article, equivalence may be granted to seeds 
harvested  in certain specific third countries, on condition that such 
countries enjoy, under this Decision, equivalence of field  inspections 
carried out in third countries and have been subject in those countries 
to the prescribed  field inspection. 

Article 4 

Where  "re-labelling and re-fastening" as referred to in the OECD  schemes 
takes place within the Community, the provisions laid down in Directives 
66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC applicable to reclosing 
of packages of seed produced within the Community  shall apply mutatis 
mutandis, without prejudice to the OECD rules applicable to such 
operations. EC labels shall not be used for this purpose. In accordance 
with the procedure provided for in Article 21 of Directives 66/400/EEC, 
66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC, a 
decision may be taken on the conditions under which exceptions to the 
prohibition contained  in the second sentence may be provided for. 

- 5 -

Article 5 

Technical and administrative amendments to be made to Annex  I, with 
exception of those concerning  column 1 in Part I thereof, shall be adopted 
in accordance with the procedure laid down in Article 21 of Directives 
66/400/EEC, 66/401/EEC, 66/402/EEC and in Article 20 of Directive 
69/208/EEC. 

This Decision shall apply from 1 July 1995 to 31 December 1996. 

Article 6 

This Decision is addressed to the Member States. 

Article 7 

Done at Brussels, 

For the Council, 

- 6 -

*—» 

PART I 

ANNEX 

Countries, Authorities and Species 

Country 

Authority 

Species referred 
to in the 
following 
Directives 

1 

Australia 

2 

3 

Department of Primary Industries 
and Energy, Canberra 

Bulgaria 

Sortovi Semena I Posadatchen 
Materiel, Sofia 

Canada 

Agriculture Canada, Ottawa 

Switzerland 

Eidgenossische Forschungsanstalt 
fiir Landwirtschaftlichen 
Pflanzenbau, Zurich 
Station Fédérale de Recherches 
Agronomiques, Nyon 

Republic of 
Croatia 

Ministry of Agriculture and 
Forestry, Zagreb 

Czech Republic 

Ministry of Agriculture, Praha 

Hungary 

Institute for Agricultural 
Quality Control, Budapest 

66/401/EEC 
66/402/EEC -
except Sorghum 
spp. and Zea mays 
69/208/EEC 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 

66/401/EEC 
66/402/EEC 
69/208/EEC 

66/401/EEC 
66/402/EEC 
69/208/EEC 

66/402/EEC -
only in respect 
of Zea mays 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 

- 7 -

Country 

Authority 

Species referred  j 
to in the 
following 
Directives 

j 

Israel 

Morocco 

12 

.  . 

3 

Ministry of Agriculture, Bet- 
Dagan 

Ministère de l'Agriculture  et de 
la Réforme Agraire, Rabat 

66/401/EEC 
66/402/EEC 
69/208/EEC 

66/401/EEC 
66/402/EEC 
69/208/EEC 

New Zealand 

Ministry of Agriculture and 
Fisheries, Wellington 

• 
~~~ 
Poland 

~~~~—-  —  — 

— 

— 

Ministère de l'Agriculture  et de 
l'Economie Alimentaire, Warszawa 

• 
! 

I 

—  —;-  — j 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 
~ 
66/400/EEC 
66/401/EEC 
676/402/EEC 
(other than Zea 
mays) 
69/208/EEC 

Rumania 

Ministère de l'Agriculture  et de 
l'Alimentation, Bucarest 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 

Argentina 

Secretaria de Estado de 
Agricultura y Ganaderia, Buenos 
Aires 

66/401/EEC 
66/402/EEC 
69/208/EEC 

, 

, 

_ _ _ _ _„ 

, 

Chile 

Ministerio de Agricultura, 
Santiago 

Slovak Republic 

Central Control and Testing 
Institute for Agriculture, 
Bratislava 

Slovenia 

Ministry of Agriculture and 
Forestry, Ljubljana 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC$ 

66/402/EEC -
only in respect 
of Zea mays 

-*<*-

- 8 -

Country 

Authority 

Species referred 
to in the 
following 
Directives 

'  1 

Turkey 

2 

3 

Ministry of Agriculture, Forestry  66/400/EEC 
66/402/EEC 
and Rural Affairs, Ankara 
69/208/EEC 

Uruguay 

Ministerio de Ganaderia 
Agricultura y Pesca, Montevideo 

United States of 
America 

U.S. Department of Agriculture, 
Beltsville, Maryland 

South Africa 

Department of Agriculture, 
Pretoria 

66/401/EEC 
66/402/EEC -
only in respect 
of Zea mays 
69/208/EEC 

66/400/EEC 
66/401/EEC 
66/402/EEC 
69/208/EEC 

66/401/EEC 
66/402/EEC -
only in respect 
of Zea mays and 
Sorghum spp. 
69/208/EEC 

- 9 -

PART II 

A.  Conditions relating to field inspections carried out in third countr_.ies 

on seed producing crops 

1.  Field inspections shall be carried out in accordance with national 
rules for the application of the OECD schemes for the varietal 
certification of seed moving in international trade as follows: 

sugar beet seed and fodder beet seed, in the case of Beta 
vulgaris referred to in Directive 66/400/EEC; 
herbage and oil seed, in the case of the species referred to in 
Directives 66/401/EEC and 69/208/EEC; 
cereal seed, in the case of seed of the species referred to in 
Directive 66/402/EEC, other than Zea mays and Sorghum spp.; 
maize and sorghum seed, in the case of seed of Zea mays and 
Sorghum spp. referred to in Directive 66/402/EEC. 

- 

- 

Field inspections shall be carried out by the Authorities of the 
producing country listed in column 2 of the table in Part I of this 
Annex, or by any legal person charged exclusively with specific 
public functions, whether governed by public or private law, acting 
under the responsibility  and supervision of such Authorities, 
provided that such person, and its members, have no personal 
interest in the outcome of the measures they take. 

2.  Harvested  seed shall be packed in officially closed packages which 

bear a special label provided for by the OECD for seed which is not 
finally certified; the label shall give the following additional 
information: 
- 

reference number of the basic seed, 
name of the Member State which certified the basic seed. 

3. Harvested seed shall be accompanied by an official certificate 

giving the following information: 

area cultivated, 
quantity of seed, 
the attestation that the conditions that have to be satisfied 
by the crops from which the seed comes have been fulfilled. 

- 10 -

4.  In the case of South Africa, the conditions laid down in the fourth 

indent of paragraph 1. is not applicable. In such case, field 
inspections shall be carried out in accordance with the national 
rules. 

B.  Conditions relating to seed produced in third countries 

1.  Basic seed and certified seed shall be officially certified and its 
packages officially closed and marked in accordance with the OECD 
schemes for the varietal certification of seed moving in 
international trade specified below, and the seed lots shall be 
accompanied by the certificates required under those OECD schemes: 

sugar beet seed and fodder beet seed, in the case of seed of 
Beta vulgaris referred to in Directive 66/400/EEC, 
herbage and oil seed, in the case of the seed of the species 
referred to in Directives 66/401/EEC and 69/208/EEC, 
cereal seed, in the case of seed of the species referred to in 
Directive 66/402/EEC, other than Zea mays and Sorghum spp., 
maize and sorghum seed in the case of Zea mays and Sorghum spp. 
referred to in Directive 66/402/EEC. 

- 

Moreover, seed shall satisfy the conditions of Community rules 
other than those relating to varietal identity and varietal purity. 

2.  Field inspections and examination of the conditions to be satisfied 
by the seed shall be carried out by Authorities listed in column 2 
of the table referred to in Part I of this Annex, or by any legal 
person charged exclusively with specific public functions; whether 
governed by public or by private law, acting under the 
responsibility of such Authorities, provided that such person, and 
its members, have no personal interest in the outcome of the 
measures they take. 

3.  The conditions which seed shall satisfy in accordance with the 

second sentence of paragraph 1 are laid down in: 

Directive 66/400/EEC, Annex I.B 
Directive 66/401/EEC, Annex II 
Directive 66/402/EEC, Annex II 
Directive 69/208/EEC, Annex II. 

For the purpose of the examination to check whether the 
abovementioned conditions have been satisfied, samples shall be 
taken officially  in accordance with the ISTA rules and their 
weights shall conform to the weight stipulated under such methods, 
taking into account those specified in: 

- 

Directive 66/400/EEC, Annex II, second line, 
Directive 66/401/EEC, Annex III, columns 3 and 4, 
Directive 66/402/EEC, Annex III, columns 3 and 4, 
Directive 69/208/EEC, Annex III, columns 3 and 4. 

The examination shall be carried out officially  in accordance with 
the rules established under the ISTA rules. 

4.  Seed shall satisfy the following additional conditions in respect 

of package marking: 

4.1  The following official information shall be given: 

in the case of certified seed, reference number of basic 
seed and name of the country where that seed vas 
officially certified, 
a statement that the seed satisfied the conditions of 
Community rules other than those relating to varietal 
identity and varietal purity: "the seed complies with EC 
rules and standards", 

- 12 -

- 

- 

a statement that the seed has been samples and tested in 
accordance with current international methods: "Sampled 
and analyzed according to ISTA rules for orange or green 
certificates by  ....  (name or initials of the ISTA seed 
testing  station)", 
date of official closing, 
where seed lots have been "relabelled and refastened" 
within the meaning of the OECD schemes, also a statement 
that this operation took place, the most recent date of 
reclosing and the Authorities responsible therefor, 
country of production, 
declared net or gross weight or declared number of pure 
seeds or, in the case of beet seed, clusters, 
where weight is indicated and granulated pesticides, 
pelleting substances or other solid additives are used, 
the nature of the additive and also the approximate ratio 
between the weight of pure seed and the total weight. 

This information may be given either on the OECD label or on an 
additional official label which shall give the name of the 
service and the country. Any suppliers' labels shall be drawn 
up in such a manner that they cannot be confused with the 
additional official label. 

4.2  An official notice placed inside the package shall give at 
least the reference number of the lot, the species and the 
variety; in addition, in the case of beet seed, it shall be 
stated where appropriate whether the seed is monogerm or 
precision seed. 

This notice is not necessary if the minimum information is 
printed  indelibly on the package or if an adhesive label or a 
label of non-tear material  is used. 

-  13 -

4.3  Any chemical treatment of the seed and the active substance 
shall be noted either on the official  label or on a special 
label as well as on the container or inside it. 

4.4  All information required  for official labels, for official 

notices and for packages shall be given in at least one of the 
official  languages of the European Communities. 

5.  The seed lots shall be accompanied by an orange or green ISTA 

certificate giving the information relating to the conditions in 
point 3. above. 

6.  In the case of basic seed of varieties which are exclusively 
maintained within the Community, the seed of the preceding 
generations shall have been produced within the Community. 

In the case of basic seed of other varieties, the seed of the 
preceding generations shall have been produced under the 
responsibility of the persons responsible for the maintenance 
breeding, referred to in the Common Catalogue of Varieties of 
Agricultural Plant Species or, where the variety  is not yet listed 
there, in the National Catalogue of the Member State of admission, 
either within the Community or in a third country which has been 
granted, under Decision 92/420/EEC8, the equivalence of checks on 
practices for the maintenance of varieties carried out in third 
countries. 

In the case of basic seed of hybrid varieties, the seed of the 
preceding generation may also have been produced, under the 
responsibility of the above person, in a third country where the 
variety components are maintained. 

7.  In the case of certified seed of the first generation, the basic 

seed from which it is derived shall have been produced and 
officially controlled and certified 

8 

OJ No L 231, 13.08.1992, p. 22 

- 14 -

- 
- 

either within the Community, or 
in a third country which has been granted equivalence under 
this Decision for the production of basic seed of the specie 
s 
concerned, provided that it has been produced  from seed 
produced  in accordance with point 6. 

8.  In the case of the United States of America, by way of derogation 
from paragraph 4.1, third indent and paragraph 5. above, sampling, 
testing and issue of seed analysis certificate may be carried out 
by Official Seed Testing State Laboratories according to the rules 
of the Association of Official Seed Analysis  (AOSA) applicable to 
lot inspection. In this case: 

the following statement shall be given under paragraph 4.1: 
"Sampled and analyzed according to AOSA by 
initials of the Official Seed Testing State Laboratory), and 
the certificates required under paragraph 5. shall be the Lot 
Inspection Certificate issued by the Official Seed Testing 
Laboratory under the authority of the State Seed Testing 
Agency. 

" (name or 

Specific cases in which this derogation shall not apply may be 
defined  in accordance with the procedure laid down in Article 21 of 
Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 
of Directive 69/208/EEC. 

9.  In the case of South Africa, the condition laid down in the fourth 
indent of paragraph 1. is not applicable. In such case the seed 
shall be officially certified and its packages closed in accordance 
with national rules. 

-  15 -

An official label shall give at least the following  information, 
without prejudice to those laid down in point 4.1  above, 

- 

- 

certification service and country, 
reference number of the lot, 
where seed lots have been relabelled and refastened, also a 
statement that this operation took place, the most recent date 
of reclosing and the authorities responsible therefor, 
species, 
variety, 
in the case of hybrids: 
= 

for seed of the category  "basic seed": inbred line or 
hybrid, 
for seed of the category  "certified seed": type of hybrid 
and, where basic seed has not been certified within the 
Community, a statement that the basic seed has been 
officially examined, 

= 

country of production., 

The colour of the label shall be: 
- 
- 

white for basic seed, 
blue for certified  seed. 

****** 

ylt 

ISSN 0254-1475 

COM(95) 258 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  : CB-CO-95-280-EN-C 

ISBN 92-77-90316-3 

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