Proposal for a Council Decision on the equivalence of checks on practices for the maintenance of varieties carried out in third countries
Date: 1997-07-17
Institutions: European Commission
Subjects: marketing, plant health control, plant propagation, seed, third country

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  v a r i e t i es 
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. 

This Decision is addressed  to the Member States. 

Article 4 

Done at Brussels, 

For the Council, 

•  S 

Column A: 

Country: 

LEGEND 

AR 

AU 

BG 

CA 

CH 

CL 

CZ 

HR 

HU 

IL 

JP 

KR 

MA 

NZ 

PL 

RO 

SI 

SK 

TW 

US 

UY 

YU 

ZA 

= Argentina 

= Australia 

= Bulgaria 

= Canada 

= Suisse 

= Chile 

= Czech  Republic 

= Republic of Croatia 

= Hungary 

= Israel 

= Japan 

= Republic of Korea 

= Marocco 

= New Zealand 

= Poland 

= Romania 

= Republic of Slovenia 

= Slovak  Republic 

= Taiwan 

= United  States of America 

= Uruguay 

= Federal Republic of Yugoslavia 

= 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 

AU 

Commonwealth  Department  of  Primary  Industries  and  Energy 
Canberra 

BG 

Semena  i  Possadchen  Material 
Sofia 

CA 

CH 

CL 

CZ 

HU 

KR 

MA 

Plant  Products  Division 
Division  des  Produits  végétaux 
Nepean,  Ontario 

66/400 
Eidgenossische  Forschungsanstalt  fur 
66/401 
Landwirtschaftlichen  Pflanzenbau 
66/402 
Reckenholz 
Zurich 
69/208 
Station  Fédérale  de  Recherches  en  Production  Végétale  de  70/458 
Changins  (RAC) 
Nyon 

Servicio  Agricola  y  Ganadero 
Departamento  de  Semillas 
Santiago 

Ustredni  kontrolni  a  zkusebni  ustav  zemedelsky  v  Brne 
Odbor  osiva  a  sadby  Praha 
Central  Institute  for  Supervising  and  Testing  in 
Agriculture 
Department  of  seed  testing 
Praha 

HR 

Be  Institute  for  Breeding  and  Production  of  Field  Crops, 
Zagreb 

Orszagos 
Mezogazdasagi  Minosito  Intézet 
National  Institute  for Agricultural  Quality  Control 
1024  Budapest 
Budapest 

Ministry  of  Agriculture,  Forestry  &  Fisheries 
Vegetables  Div. 
Seoul 

Ministère  de  l'Agriculture  et  de  la Mise  en  Valeur 
Agricole 
Direction  de  la  Protection  des  Végétaux  des  Contrôles 
Techniques  et  de  la  Repression  des  Fraudes 

j 66/401 
66/402 
69/208 
70/458 

f 

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

66/401 
69/208 
70/458 

66/400 
66/401 
66/402 
69/208 
70/458 

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

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

66/400 
66/401 
66/402 
69/208 
70/458 

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

66/400 
66/401 
66/402 
69/208 
70/458 

70/458 

Ministry of Agriculture 
Te Manatu Ahuwhenua Aotearoa 
MAF Regulatory Authority 
Wellington 

Inspekcja Nasienna 
Centralny  Inspektorat 
Seed Inspection  Service 
General  Inspectorate 
Warszawa 

Ministry of Agriculture and Food 
Control and Inspections  Department 
Bucharest 

Kmetijski  Institut  Slovenije 
Agricultural  Institute of Slovenia 
Ljubljana 

PL 

RO 

SI 

SK  I Ustredny Kontrolny a Skusobny Ustav  Polnohospodarsky 

Bratislava 

TW 

US 

UY 

YU 

ZA 

Council of Agriculture, Food and Agriculture  Department 
Taipei 

United States Department  of Agriculture 
Agricultural  Research  Service 
Beltsville, Maryland 

Ministerio de Ganaderia, Agricultura  y Pesca 
Direccion General de Servicios Agronomicos 
Direccion  Granos 
Unidad  Ejecutora de Semillas 
Montevideo 

Savezno Ministarstvo  za Poljoprivredu 
Federal Ministry of Agriculture 
Beograd 

Department of Agriculture 
Directorate  of Plant and Quality Control 
Pretoria 

66/400 
66/401 
66/402 
69/208 
70/458 

69/208 

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

66/400 
66/401 
66/402 
69/208 
70/458 

70/458 

66/400 
66/401 
66/402 
69/208 
70/458 

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

66/402 

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