2003/17/EC: Council Decision of 16 December 2002 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)
Date: 2002-12-16
Institutions: Council of the European Union
Subjects: OECD, agricultural land, labelling, mutual recognition principle, plant health control, seed, third country

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 16 December 2002

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)

(2003/17/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community.

Having regard to Council Directive 66/401/EEC of 14 June
1966 on the marketing of fodder plant seed (1), and in parti-
cular Article 16(1) thereof,

Having regard to Council Directive 66/402/EEC of 14 June
1966 on the marketing of cereal seed (2), and in particular
Article 16(1) thereof,

(3)

Having regard to Council Directive 2002/54/EC of 13 June
2002 on the marketing of beet seed (3), and in particular Article
23(1) thereof,

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (4), and in
particular Article 20(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The rules on official seed control in Argentina, Australia,
Bulgaria, Canada, Chile,
the Czech Republic, Estonia,
Croatia, Hungary, Israel, Latvia, Morocco, New Zealand,
Poland, Romania, Slovenia, Slovakia, Turkey, the United
States of America, Uruguay, Yugoslavia and South Africa
provide for an official field inspection to be carried out
during the period of seed production.

Those rules provide in principle that seed may be offi-
cially certified and seed packages officially closed in
accordance with the OECD Schemes for the Varietal

(1) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Direc-

tive 2001/64/EC (OJ 234, 1.9.2001, p. 60).

(2) OJ 125, 11.7.1966, p. 1309/66. Directive as last amended by Direc-

tive 2001/64/EC.

(3) OJ L 193, 20.7.2002, p. 12.
(4) OJ L 193, 20.7.2002, p. 74. Directive as amended by Directive

2002/68/EC (OJ L 195, 24.7.2002, p. 32.

Certification of Seed moving in International Trade. The
rules also provide for seed sampling and testing in accor-
dance with the methods of the International Seed Testing
Association (ISTA), or where appropriate, in accordance
with the rules of
the Association of Official Seed
Analysts (AOSA).

An examination of those rules and the manner in which
they are applied in the aforementioned third countries
has shown that the field inspection of seed-producing
crops satisfies the conditions laid down in Directives 66/
401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC.
The national provisions governing seed harvested and
controlled in those countries afford the same assurances
as regards the seed's characteristics and the arrangements
for its examination, for ensuring seed identification, for
marking and for control as the provisions applicable to
seed harvested and controlled within the Community,
seed-producing
provided that
crops and seed produced,
in particular in respect of
packages marking, are satisfied.

further conditions

for

(4)

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 (5) provides
that for a limited period field inspections carried out in
certain third countries on seed-producing crops of
certain species are considered as equivalent
to field
inspections carried out in accordance with Community
legislation and that seed of certain species produced in
those countries is considered as equivalent
to seed
produced in accordance with Community legislation.

(5) OJ L 296, 9.12.1995, p. 34. Decision as last amended by Commis-

sion Decision 2002/276/EC (OJ L 96, 13.4.2002, p. 28).

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As Decision 95/514/EC will expire on 31 December
2002, a new decision should be adopted and its scope
extended in particular by including Estonia, Latvia and
Yugoslavia.

to seed
prior to basic seed, shall be considered equivalent
complying with Directives 66/401/EEC, 66/402/EEC, 2002/54/
EC and 2002/57/EC, if it satisfies the conditions laid down in
point B of Annex II.

(5)

(6)

(7)

(8)

It appears desirable to limit the period for which equiva-
lence is recognised under this Decision to five years.

It is appropriate to include in this Decision specific rules
concerning relabelling and refastening in the Community
incorporating rules similar to those provided by Decision
86/110/EEC (1), which is no longer applicable.

seed,

including not

The existing legislation already provides for an obliga-
tion for
finally certified seed,
marketed in the Community to indicate whether the
seed is chemically treated or the variety has been geneti-
cally modified. It is appropriate to provide for detailed
rules on the exact indications to be given on the label of
certified seed imported under this Decision. It is appro-
priate for these rules to mirror the ones provided by
Decision 95/514/EC. It will be appropriate in future to
update the annexes of the present Decision in order to
ensure that imported seed is subject to requirements
equivalent to any new rules which may be introduced,
especially for not finally certified seed.

(9)

Certain amendments to the Annexes to this Decision
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the proce-
dure for the exercise of implementing powers conferred
on the Commission (2),

HAS ADOPTED THIS DECISION:

Article 1

Article 3

1. Where equivalent seed is ‘relabelled and refastened’ in the
Community, within the meaning of OECD Schemes for the
Varietal Certification of Seed moving in International Trade, the
provisions of Directives 66/401/EEC, 66/402/EEC, 2002/54/EC
and 2002/57/EC concerning
reclosing of packages
produced in the Community shall apply by analogy.

the

The first subparagraph shall be without prejudice to the OECD
rules applicable to such operations.

2. Where relabelling and refastening in the Community of
equivalent seed is necessary, EC labels shall be used only:

(a) if seeds produced in Member States and seeds of the same
variety and category produced in third countries are
blended in order to improve the germination capacity,
provided that:

— the blend is homogeneous, and

— the label mentions each country of production; or

(b) for small EC packages within the meaning of Directives 66/

401/EEC or 2002/54/EC.

Article 4

Amendments to the Annexes, with the exception of
those
concerning column 1 of the table in Annex I, shall be adopted
in accordance with the procedure laid down in Article 5.

Field inspections concerning the seed-producing crops of the
species specified in Annex I carried out in the third countries
listed in that Annex, excluding seed of generations prior to
basic seed, shall be considered equivalent to field inspections
carried out in accordance with Directives 66/401/EEC, 66/402/
EEC, 2002/54/EC and 2002/57/EC provided that they:

Article 5

1.
The Commission shall be assisted by the Standing
Committee on Seeds and Propagating Material for Agriculture,
Horticulture and Forestry.

(a) are carried out officially by the authorities listed in Annex I,

or under the official supervision of those authorities;

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

(b) satisfy the conditions laid down in point A of Annex II.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

Article 2

3.

The Committee shall adopt its Rules of Procedure.

Seed of the species specified in Annex I, produced in the third
countries listed in that Annex and officially certified by the
authorities listed in that Annex, excluding seed of generations

Article 6

(1) OJ L 93, 8.4.1986, p. 23.
(2) OJ L 184, 17.7.1999, p. 23.

This Decision shall apply from 1 January 2003 to 31 December
2007.

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This Decision is addressed to the Member States.

Article 7

Done at Brussels, 16 December 2002.

For the Council

The President

M. FISCHER BOEL

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ANNEX I

Countries, authorities and species

Country

1

Authority

2

Species referred to in the following
Directives

3

Argentina

Secretaría de Agricultura, Ganadería, Pesca y
Alimentación, Buenos Aires

Australia

AFFA Grains Section, Canberra

Bulgaria

Executive Agency for variety testing, field inspec-
tion and seed control, Sofia

Canada

Canadian Food Inspection Agency, Ottawa

Chile

Servicio Agricola y Ganadero, Santiago

Czech Republic

Central Institute for Supervising and Testing in
Agriculture, Prague

66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

Estonia

Estonian Plant Production Inspectorate, Saku,
Harjumaa,

66/401/EEC
66/402/EEC, other than Zea mays
and Sorghum spp.
2002/57/EC

Croatia

State Institute for Seed and Seedlings, Osijek

Hungary

Israel

Latvia

Morocco

New Zealand

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC

66/401/EEC
66/402/EEC
2002/57/EC

National
Control, Budapest

Institute

for Agricultural Quality

Ministry of Agriculture, Bet-Dagan

Ministry of Agriculture, Riga

Service de Controle des Semences et des Plants,
Rabat

Ministry of Agriculture and Fisheries, Wellington 2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

Poland

Seed Inspection Service General
Warsaw

Inspectorate,

2002/54/EC
66/401/EEC
66/402/EEC — other than Zea mays
2002/57/EC

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Country

1

Authority

2

Species referred to in the following
Directives

3

Romania

Slovenia

Slovakia

Ministry of Agriculture,
Bucharest

Food and Fisheries,

Ministry of Agriculture, Forestry and Food, Ljubl-
jana

Central Control and Testing Institute in Agricul-
ture, Bratislava

Turkey

Ministry of Agriculture and Rural Affairs, Ankara

United States of America

USDA, Beltsville, Maryland

Uruguay

Yugoslavia

Ministerio de Ganadería Agricultura y Pesca,
Montevideo

Federal Ministry of Economic and Internal Trade,
Belgrade

South Africa

National Department of Agriculture, Pretoria

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC
2002/57/EC

2002/54/EC
66/401/EEC
66/402/EEC
2002/57/EC

66/401/EEC
66/402/EEC — only in respect of
Zea mays and Sorghum spp.
2002/57/EC

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A. Conditions relating to field inspections carried out in third countries on seed-producing crops

ANNEX II

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 and fodder beet seed, in the case of Beta vulgaris referred to in Directive 2002/54/EC,

— grass and legume seed, in the case of the species referred to in Directive 66/401/EEC,

— crucifer seed and other oil and fibre species seed, in the case of the species referred to in Directives 66/401/

EEC and 2002/57/EC,

— cereal seed, in the case 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.

2.

3.

Seed not finally certified shall be packed in officially closed packages which bear a special label provided for this
purpose by the OECD.

Seed not finally certified shall be accompanied, without prejudice to the certificate provided by the OECD
schemes, by an official certificate giving the following information:

— reference number of the seed used to sow the field, and name of the Member State or third country which

certified that seed,

— 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.

B. Conditions relating to seed produced in third countries

1.

Seed shall be officially certified and its packages officially closed and marked in accordance with national rules
for the application of the OECD Schemes for the Varietal Certification of Seed moving in International Trade as
follows; the seed lots shall be accompanied by the certificates required under those OECD schemes:

— sugar beet and fodder beet seed, in the case of Beta vulgaris referred to in Directive 2002/54/EC,

— grass and legume seed, in the case of the species referred to in Directive 66/401/EEC,

— crucifer seed and other oil or fibre species seed, in the case of the species referred to in Directives 66/401/

EEC and 2002/57/EC,

— cereal seed, in the case 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.

Seed shall satisfy the following conditions.

2.1. The conditions which seed shall satisfy in accordance with the second subparagraph of paragraph 1 are laid

down in the following Directives:

— Directive 66/401/EEC, Annex II,

— Directive 66/402/EEC, Annex II,

— Directive 2002/54/EC, Annex I(B),

— Directive 2002/57/EC, Annex II.

2.2. 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 the following Directives:

— Directive 66/401/EEC, Annex III, columns 3 and 4,

— Directive 66/402/EEC, Annex III, columns 3 and 4,

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— Directive 2002/54/EC, Annex II, second line,

— Directive 2002/57/EC, Annex III, columns 3 and 4,

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

2.4. By way of derogation from points 2.2 and 2.3, seed sampling and seed testing may be carried out in accordance
with the ‘Derogatory experiment on seed sampling an 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 of
Seed moving in International Trade.

3.

Seed shall satisfy the following additional conditions in respect of package marking.

3.1. The following official information shall be given:

— a statement that the seed satisfies the conditions of Community rules other than those relating to varietal

identity and varietal purity: ‘EC rules and standards’,

— a statement that the seed has been sampled and tested in accordance with current international methods:
‘Sampled and analysed 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 state-
ment that this operation took place, the most recent date of reclosing and the Authorities responsible there-
fore,

— country of production,

— declared net or gross weight or declared number of pure seeds or, in the case of beet seed, clusters, and

— 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.

3.2. In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise,
which is affixed to, or accompanies, the seed lot shall clearly indicate that the variety has been genetically modi-
fied and provide for any other information as may be determined in the authorisation procedure required under
Community law.

3.3. 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 mono-
germ 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.

3.4. 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.

3.5. 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 Community.

4.

5.

The seed lots shall be accompanied by an orange or green ISTA certificate giving the information relating to the
conditions in paragraph 2.

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 either within the Community or in a third country which has been
granted, under Decision 97/788/EC (1), the equivalence of checks on practices for the maintenance of varieties
carried out in third countries.

(1) OJ L 322, 25.11.1997, p. 39. Decision as last amended by Decision 2002/580/EC (OJ L 184, 13.7.2002, p. 26).

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6.

For certified seed of all generations, seed of the previous generations shall have been produced and officially
controlled and certified:

— 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 species concerned, provided that it has been produced from seed produced in accordance with para-
graph 5.

7.

In the case of Canada and the United States of America, by way of derogation from:

— points 2.2 and 2.3,

— point 3.1, second indent, and

— point 4,

sampling, testing and issue of seed analysis certificates may be carried out by officially recognised seed testing
laboratories according to the rules of the AOSA. In this case:
— the following statement shall be given under paragraph 3.1: ‘Sampled and analysed according to AOSA rules

by …’ (name or initials of the officially recognised seed testing laboratory), and

— the certificates required under paragraph 4 shall be issued by the officially recognised seed testing laboratory

under the responsibility of the Authorities listed in Annex I.