Proposal for a Council Directive amending Directives 66/401/EEC on the marketing of fodder plant seed, 66/402/EEC on the marketing of cereal seed, 68/193/EEC on the marketing of material for the vegetative propagation of the vine, 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed, 92/34/EEC on the marketing of propagating and planting material of fruit plants, 98/56/EC on the marketing of propagating material of ornamental plants, 2002/54/EC on the marketing of beet seed, 2002/55/EC on the marketing of vegetable seed, 2002/56/EC on the marketing of seed potatoes and 2002/57/EC on the marketing of seed of oil and fibre plants as regards Community comparative tests and trials
Date: 2002-09-25
Institutions: European Commission
Subjects: Member States' contribution, comparative analysis, crop production, marketing, plant health legislation, plant propagation, seed, seedling, testing

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Proposal for a Council Directive amending Directives 66/401/EEC on the marketing of fodder
plant seed, 66/402/EEC on the marketing of cereal seed, 68/193/EEC on the marketing of
material for the vegetative propagation of the vine, 92/33/EEC on the marketing of vegetable
propagating and planting material, other than seed, 92/34/EEC on the marketing of propagating
and planting material of fruit plants, 98/56/EC on the marketing of propagating material of orna-
mental plants, 2002/54/EC on the marketing of beet seed, 2002/55/EC on the marketing of
seed potatoes and 2002/57/EC on the
vegetable seed, 2002/56/EC on the marketing of

marketing of seed of oil and fibre plants as regards Community comparative tests and trials

(2003/C 20 E/18)

COM(2002) 523 final — 2002/0232(CNS)

(Submitted by the Commission on 25 September 2002)

EXPLANATORY MEMORANDUM

In the past 25 years Community comparative tests and trials have been carried out on agricultural crops
such as cereals, potatoes, fodder and oil and fibre plants on the basis of the relevant legislation. In the last
years new legislation on the marketing of propagating material of fruit, vegetables and ornamental plants
laying down, inter alia, detailed rules for Community comparative tests and trials, increased the size of the
exercise. This post control system on seed and propagating material marketed in the Community is
recognised as a very important tool for the harmonisation of marketing by Member States.

The above tests and trials were executed thanks to a Community financial contribution.

In the interest of transparency a clear legal basis for this financial contribution is needed and provisions for
Community financial measures for carrying out the Community comparative tests and trials, which involve
compulsory Community budget expenditure should therefore be made.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social
Committee,

Whereas:

(1) The Commission is required to ensure that, in appropriate
cases, arrangements for co-ordinating, carrying out and
inspecting the Community comparative tests and trials
are made in accordance with the procedures laid down in
the following provisions:

Directive 66/401/EEC on the marketing of fodder plant
seed (1), as last amended by Directive 2001/64/EC (2), and
in particular Article 20(3) thereof,

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 234, 1.9.2001, p. 60.

Directive 66/402/EEC on the marketing of cereal seed (3),
last amended by Directive 2001/64/EC (4), and in
as
particular Article 20(3) thereof,

Directive 68/193/EEC on the marketing of material for the
vegetative propagation of the vine (5), as last amended by
Directive 2002/11/EC (6), and in particular Article 16(3)
thereof,

Directive 92/33/EEC on the marketing of vegetable propa-
gating and planting material, other than seed (7), as last
amended by Decision 2002/111/EC (8) and in particular
Article 20(4) thereof,

Directive 92/34/EEC on the marketing of propagating and
planting material of fruit plants (9), as last amended by
Decision 2002/112/EC (10) and in particular Article 20(4)
thereof,

(3) OJ 125, 11.7.1966, p. 2039/66.
(4) OJ L 234, 1.9.2001, p. 60.
(5) OJ L 93, 17.4.1968, p. 15.
(6) OJ L 53, 23.2.2002, p. 20.
(7) OJ L 157, 10.6.1992, p. 1.
(8) OJ L 41, 13.2.2002, p. 44.
(9) OJ L 157, 10.6.1992, p. 10.
(10) OJ L 41, 13.2.2002, p. 44.

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Directive 98/56/EC on the marketing of propagating
material of ornamental plants (1)
in particular Article
14(4) thereof,

The Community may make a financial contribution
‘3a.
to the performance of the tests foreseen in paragraphs 1
and 2.

Directive 2002/54/EC on the marketing of beet seed (2),
and in particular Article 26(3) thereof,

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

Directive 2002/55/EC on the marketing of vegetable
seed (3), and in particular Article 43(3) thereof,

Directive
potatoes (4), and in particular Article 20(3) thereof and

2002/56/EC on

the marketing

of

seed

Directive 2002/57/EC on the marketing of seed of oil and
fibre plants (5), and in particular Article 23(3) thereof.

(2) These necessary arrangements implied in the past years that
a Community contribution for the execution of the above
Community comparative tests and trials had been decided.

(3) In the interest of transparency a clear legal basis for the

Community financial contribution is needed.

(4) Provisions for Community financial measures for carrying
the Community comparative tests and trials which
expenditure

compulsory Community

out
involve
should therefore be made,

budget

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. Directive 66/401/EEC is hereby amended as follows:

In Article 20, after paragraph 3 the following paragraphs
are added:

The tests which may benefit from a Community
3b.
the
and
financial
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article 21.

contribution,

detailed

rules

for

Only state authorities, or legal persons, acting under
3c.
the responsibility of the State, may be the beneficiaries of
this contribution.’

3. Directive 68/193/EEC is hereby amended as follows:

In Article 16, after paragraph 3 the following paragraphs
are added:

‘3a.
The Community may make a financial contribution
to the performance of the tests foreseen in paragraphs 1
and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

contribution,

3b.
The tests which may benefit from a Community
the
and
financial
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article
17(1).

detailed

rules

for

‘3a.
The Community may make a financial contribution
to the performance of the tests foreseen in paragraphs 1
and 2.

3c.
Only state authorities, or legal persons, acting under
the responsibility of the State, may be the beneficiaries of
this contribution.’

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

4. Directive 92/33/EEC is hereby amended as follows:

3b.
The tests which may benefit from a Community
the
and
financial
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article 21.

contribution,

detailed

rules

for

Only state authorities, or legal persons, acting under
3c.
the responsibility of the State, may be the beneficiaries of
this contribution.’

2. Directive 66/402/EEC is hereby amended as follows:

In Article 20, after paragraph 3 the following paragraphs
are added:

(1) OJ L 226, 13.8.1998, p. 16.
(2) OJ L 193, 20.7.2002, p. 12.
(3) OJ L 193, 20.7.2002, p. 33.
(4) OJ L 193, 20.7.2002, p. 60.
(5) OJ L 193, 20.7.2002, p. 74.

In Article 20, after paragraph 4 the following paragraphs
are added:

The Community may make a financial contribution
the trials and tests foreseen in

‘4a.
to the performance of
paragraph 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

4b.
from a
The trials and tests which may benefit
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 21.

4c.
Only state authorities, or legal persons, acting under
the responsibility of the State, may be the beneficiaries of
this contribution.’

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5. Directive 92/34/EEC is hereby amended as follows:

8. Directive 2002/55/EC is hereby amended as follows:

In Article 20, after paragraph 4 the following paragraphs
are added:

In Article 43, after paragraph 3 the following paragraphs
are added:

The Community may make a financial contribution
the trials and tests foreseen in

‘4a.
to the performance of
paragraph 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

4b.
from a
The trials and tests which may benefit
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 21.

Only state authorities, or legal persons, acting under
4c.
the responsibility of the State, may be the beneficiaries of
this contribution.’

6. Council Directive 98/56/EC is hereby amended as follows:

In Article 14, after paragraph 4 the following paragraphs
are added:

The Community may make a financial contribution
the trials and tests foreseen in

‘4a.
to the performance of
paragraph 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

4b.
from a
The trials and tests which may benefit
Community financial contribution, and detailed rules for
the provision of the financial contribution, shall be estab-
lished in accordance with the procedure laid down in
Article 17.

4c.
Only state authorities, or legal persons, acting under
the responsibility of the State, may be the beneficiaries of
this contribution.’

7. Directive 2002/54/EC is hereby amended as follows:

In Article 26, after paragraph 3 the following paragraphs
are added:

‘3a.
The Community may make a financial contribution
to the performance of the tests foreseen in paragraphs 1
and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

contribution,

The tests which may benefit from a Community
3b.
financial
the
and
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article
28(2).

detailed

rules

for

3c.
Only state authorities, or legal persons, acting under
the responsibility of the State, may be the beneficiaries of
this contribution.’

‘3a.
The Community may make a financial contribution
to the performance of the tests foreseen in paragraphs 1
and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

contribution,

The tests which may benefit from a Community
3b.
financial
the
and
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article
46(2).

detailed

rules

for

3c.
Only state authorities, or legal persons, acting under
the responsibility of the State, may be the beneficiaries of
this contribution.’

9. Directive 2002/56/EC is hereby amended as follows:

In Article 20, after paragraph 3 the following paragraphs
are added:

‘3a.
The Community may make a financial contribution
to the performance of the tests foreseen in paragraphs 1
and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

contribution,

The tests which may benefit from a Community
3b.
financial
the
and
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article
25(2).

detailed

rules

for

3c.
Only state authorities, or legal persons, acting under
the responsibility of the State, may be the beneficiaries of
this contribution.’

10. Directive 2002/57/EC is hereby amended as follows:

In Article 23, after paragraph 3 the following paragraphs
are added:

‘3a.
The Community may make a financial contribution
to the performance of the tests foreseen in paragraphs 1
and 2.

The financial contribution shall not exceed the annual
appropriations decided by the budgetary authority.

contribution,

The tests which may benefit from a Community
3b.
financial
the
and
provision of the financial contribution, shall be established
in accordance with the procedure laid down in Article
25(2).

detailed

rules

for

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Only state authorities, or legal persons, acting under
3c.
the responsibility of the State, may be the beneficiaries of
this contribution.’

Member States shall determine how such reference is to be
made.

Article 2

Article 3

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
the latest. They shall
Directive by 1 January 2003 at
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
their official publication.
reference on the occasion of

This Directive shall enter into force on the 7th day following
that of its publication in the Official Journal of the European
Communities.

Article 4

This Directive is addressed to the Member States.