2002/276/EC: Commission Decision of 12 April 2002 amending Council Decision 95/514/EC 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 (Text with EEA relevance) (notified under document number C(2002) 1407)
Date: 2002-04-12
Institutions: European Commission
Subjects: OECD, mutual recognition principle, plant health control, plant health legislation, seed, third country

L 96/28

EN

Official Journal of the European Communities

13.4.2002

COMMISSION DECISION

of 12 April 2002

amending Council Decision 95/514/EC 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

(notified under document number C(2002) 1407)

(Text with EEA relevance)

(2002/276/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 95/514/EC of 29 November
1995 on the equivalence of field inspections carried out in
third countries on seed-producing crops and on the equiva-
lence of seed produced in third countries (1), as last amended
by Decision 2000/326/EC (2), and in particular Article 5
thereof,

Whereas:

(1)

(2)

Decision 95/514/EC determined that field inspections
carried out in certain third countries on seed-producing
crops of certain species satisfy the conditions laid down
in Council Directive 66/400/EEC (3), as last amended by
Directive 98/96/EC (4), Council Directive 66/401/EEC (5),
as last amended by Directive 2001/64/EC (6), Council
Directive 66/402/EEC (7), as last amended by Directive
2001/64/EC, and Council Directive 69/208/EEC (8), as
last amended by Directive 98/96/EC, on the marketing
of beet seed, fodder plant seed, cereal seed, and seed of
It also determined that seed of
oil and fibre plants.
certain species produced in third countries was equiva-
lent to seed produced in the Community. Those determi-
nations apply to Croatia and Uruguay only as regards
seed of certain species.

An examination of the rules of Croatia and the manner
in which they are applied has shown that in respect of
the species listed in Directives 66/400/EEC, 66/401/EEC
and 66/402/EEC in respect of species in addition to Zea
mays and Directive 69/208/EEC,
the prescribed field
inspections satisfy the conditions laid down in those
Directives and that the conditions applied by Croatia to
seed harvested and controlled there afford the same
assurances as the corresponding conditions applicable
within the Community.

(1) OJ L 296, 9.12.1995, p. 31.
(2) OJ L 114, 13.5.2000, p. 30.
(3) OJ 125, 11.7.1966, p. 2290/66.
(4) OJ L 25, 1.2.1999, p. 27.
(5) OJ 125, 11.7.1966, p. 2298/66.
(6) OJ L 234, 1.9.2001, p. 60.
(7) OJ 125, 11.7.1966, p. 2309/66.
(8) OJ L 169, 10.7.1969, p. 3.

An examination of the rules of Uruguay and the manner
in which they are applied has shown that in respect of
the species listed in Directive 66/402/EEC in addition to
Zea mays the prescribed field inspections satisfy the
conditions laid down in that Directive and that
the
conditions applied by Uruguay to seed harvested and
controlled there afford the same assurances as the corre-
sponding conditions within the Community.

Consequently,
the equivalence already recognised in
respect of seed produced in Croatia and Uruguay should
be extended to cover other species.

Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and
69/208/EEC allow for the simplification of procedures
for official seed certification provided that inspections
may be carried out by inspectors other than those
charged with official examination by the seed certi-
fication authority. An equivalent approach has been
incorporated in the seed schemes of the Organisation for
Economic Cooperation and Development (OECD).

Commission Decision 98/320/EC (9) made provision for
a temporary experiment applicable to seed produced
within the Community to assess whether seed sampling
for the purpose of seed testing and seed testing under
official supervision constitute an improved alternative to
the procedures for official certification. That approach
was approved by the OECD which adopted a derogatory
experiment on seed sampling and seed analysis. It is
therefore appropriate to extend the scope of
the
Community experiment to seed produced in third coun-
tries participating in that OECD experiment.

According to Decision 95/514/EC, the United States of
America may avail itself of a derogation from the Inter-
national Seed Testing Association (ISTA)
for
sampling, testing and the issue of seed analysis certi-
ficates, provided that the provisions of the Association
of Official Seed Analysts are applied. Canada would like
to avail itself of a similar derogation. It appears appro-
priate to grant such a derogation also to Canada.

rules

(4)

(5)

(6)

(7)

(9) OJ L 140, 12.5.1998, p. 14.

13.4.2002

EN

Official Journal of the European Communities

L 96/29

(8)

(9)

Decision 95/514/EC should therefore be amended
accordingly.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
for Agriculture,
on Seeds and Propagating Material
Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 95/514/EC is amended as follows:

1. In Part I, column 3 of the table is amended as follows:

(a) in the entry relating to Croatia, the words ‘66/402/EEC
— only in respect of Zea mays’ are replaced by the
words ‘66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/
EEC’;

(b) section B is amended as follows:

(i) point 2 is deleted;
(ii) in point 3, the following subparagraph is added.

‘By way of derogation from the second and third
subparagraphs, seed sampling and seed testing may
be carried out in accordance with the “Derogatory
experiment on seed sampling and seed analysis” set
out in Annex V(A), to the Decision adopted by the
OECD Council on 28 September 2000 on the
OECD schemes for the varietal certification or the
control of seed moving in international trade.’
(iii) in point 8, the words ‘Canada and’ are inserted
before the words ‘the United States of America’.

This Decision is addressed to the Member States.

Article 2

(b) In the entry relating to Uruguay, the words ‘only in

Done at Brussels, 12 April 2002.

respect of Zea mays’ are deleted.

2. Part II is amended as follows:

(a) in section A, the second subparagraph of point 1 is

deleted;

For the Commission

David BYRNE

Member of the Commission