Council Directive 2004/117/EC of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: Community certification, labelling, marketing, originating product, packaging, seed, self-employed person, testing, third country

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Official Journal of the European Union

18.1.2005

COUNCIL DIRECTIVE 2004/117/EC

of 22 December 2004

amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards
examinations carried out under official supervision and equivalence of seed produced in third
countries

THE COUNCIL OF THE EUROPEAN UNION,

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Whereas:

(3)

(4)

(1)

of

cereal

seed (4),

fodder plant

Pursuant to Council Directive 66/401/EEC of 14 June
seed (3),
1966 on the marketing of
Council Directive 66/402/EEC of 14 June 1966 on the
Council Directive
marketing
2002/54/EC of 13 June 2002 on the marketing of beet
seed (5), Council Directive 2002/55/EC of 13 June 2002
on the marketing of vegetable seed (6) and Council
Directive 2002/57/EC of 13 June 2002 on the
marketing of seed of oil and fibre plants (7), seed can
be officially certified only where the conditions to be
satisfied by the seed have been established in official
seed testing on samples of seed drawn officially for the
purpose of seed testing.

and

seed

provides

pursuant

sampling
to Council
testing
Directives 66/400/EEC, 66/401/EEC, 66/402/EEC and
69/208/EEC (8),
at
Community level of a temporary experiment, with the
aim of assessing whether seed sampling and seed testing
under official supervision may constitute improved alter-
natives to the procedures for official seed certification,
without a significant decline in the quality of the seed.

organisation

the

for

The results of the experiment have shown that under
specified conditions the procedures for official seed certi-
fication could be simplified without any significant
decline in the quality of the seed compared with that
achieved under the system of official seed sampling and
seed testing. It is therefore appropriate to provide that
those simplified procedures should apply on a long-term
basis and should be extended to vegetable crops.

field

under

unofficial

inter alia, as
Council Directive 98/96/EC (9), amending,
regards
Directives
inspections
66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC
lays down rules on certification procedures for field
inspections
supervision. A detailed
evaluation of those procedures has shown that the field
inspections under official supervision should be extended
to all the crops for the production of certified seed. The
evaluation has also shown that the proportion of the
areas entered for official certification to be checked and
inspected by official inspectors should be reduced.

official

(5)

It is appropriate to align Directive 2002/54/EC to the
other seeds Directives in relation to the possibility to
in which the
grant derogations
growing of beet and the marketing of beet seed are of
minimum economic importance.

to Member States

(2)

Commission Decision 98/320/EC of 27 April 1998
on the organisation of a temporary experiment on seed

(1) Opinion of 17 November 2004 (not yet published in the Official

(6)

Journal).

(2) Opinion of 15 September 2004 (not yet published in the Official

Journal).

(3) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by
Commission Directive 2004/55/EC (OJ L 114, 21.4.2004, p. 18).
(4) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by

Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(5) OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive

2003/61/EC.

(6) OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
(OJ L 268, 18.10.2003, p. 1).

(7) OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive

2003/61/EC.

The scope of the Community seed equivalence in respect
of seed harvested in third countries is currently restricted
In view in particular of
to certain categories of seed.
developments at
the equivalence
regime should be extended to all the various kinds of
seed meeting
examination
characteristics,
requirements, the marking and sealing conditions laid
66/402/EEC,
down
2002/54/EC, 2002/55/EC and 2002/57/EC.

66/401/EEC,

international

Directives

level,

the

the

in

(8) OJ L 140, 12.5.1998, p. 14. Decision as amended by Decision

2004/626/EC (OJ L 283, 2.9.2004, p. 16).

(9) OJ L 25, 1.2.1999, p. 27.

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L 14/19

(7)

(8)

is
Decision 98/320/EC expires on 27 April 2005.
therefore appropriate to keep the Community conditions
concerning the marketing of seed produced pursuant to
that Decision, pending the application of
the new
provisions.

It

66/401/EEC,

Directives
2002/54/EC,
2002/55/EC and 2002/57/EC should therefore be
amended accordingly,

66/402/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

1. Article 2(1) shall be amended as follows:

(a)

in (B)(1), point (d) shall be replaced by the following:

‘(d) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision, to satisfy the
conditions set out in (a), (b) and (c).’;

(b) in (B)(2), point (d) shall be replaced by the following:

‘(d) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision, to satisfy the
conditions set out in (a), (b) and (c).’;

(c)

in (C), point (d) shall be replaced by the following:

‘(d) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a), (b) and (c).’;

(d) in (Ca), point (d) shall be replaced by the following:

‘(d) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a), (b) and (c).’;

(e)

in (Cb), point (d) shall be replaced by the following:

‘(d) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a), (b) and (c).’;

(f)

in (D), point (c) shall be replaced by the following:

‘(c) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a) and (b).’;

2. Article 2(3) shall be replaced by the following:

‘3. When the examination under official supervision set
out in paragraphs (1)(B)(1)(d), (1)(B)(2)(d), (1)(C)(d), (1)(Ca)(d),
(1)(Cb)(d)
following
and (1)(D)(c)
requirements shall be complied with:

carried out,

the

is

A. Field inspection

(a) The inspectors shall:

(i) have the necessary technical qualifications;

(ii) derive no private gain in connection with the

carrying out of the inspections;

(iii) have been officially licensed by the seed certifi-
cation authority of the Member State concerned
and this
the
include
swearing-in of
inspectors or the signature by
inspectors of a written statement of commitment
to the rules governing official examinations;

licensing shall

either

(iv) carry out inspections under official supervision in
accordance with the rules applicable to official
inspections.

(b) The seed crop to be inspected shall be grown from
seed, which has undergone official post-control, the
results of which have been satisfactory.

(c) A proportion of the seed crops shall be checked by
inspectors. That proportion shall be at least

official
5 %.

(d) A proportion of samples from the seed lots harvested
from the seed crops shall be drawn for official post
control and, where appropriate, for official laboratory
seed testing in respect of varietal identity and purity.

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(e) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of
in (a)(iii)
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening the
rules governing official examinations. The Member
States shall ensure that any certification of the seed
examined is annulled in the event of such contra-
vention unless it can be shown that such seed still
meets all relevant requirements.

the licence provided for

B. Seed testing

(a) Seed testing shall be carried out by seed-testing
that
laboratories which have been authorised for
purpose by the seed certification authority of
the
Member State concerned under the conditions set
out in (b) to (d).

(b) The seed-testing laboratory shall have a seed analyst-
in-charge who has direct
the
technical operations of the laboratory and has the
necessary qualifications for technical management of
a seed-testing laboratory.

responsibility for

Its seed analysts shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed analysts
and confirmed by official examinations.

The laboratory shall be maintained in premises and
with equipment officially considered by the seed
the
certification authority to be satisfactory for
purpose of seed testing, within the scope of
the
authorisation.

It shall carry out seed testing in accordance with
current international methods.

(c) The seed-testing laboratory shall be:

(i) an independent laboratory;

or

(ii) a laboratory belonging to a seed company.

In the case referred to in (ii), the laboratory may carry
out seed testing only on seed lots produced on behalf
of the seed company to which it belongs, unless it
has been otherwise
seed
company,
for certification and the
seed certification authority.

agreed between that

the applicant

(d) The seed-testing laboratory’s performance of seed
to appropriate supervision

testing shall be subject
by the seed certification authority.

(e) For the purposes of the supervision referred to in (d)
a proportion of the seed lots entered for the official
certification shall be check-tested by official seed
testing. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification, and the
species
entered, but may also be oriented to
eliminate specific doubts. That proportion shall be
at least 5 %.

(f) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed-testing laboratories
which are found guilty of deliberately or negligently
contravening the rules governing official exami-
nations. The Member States shall ensure that any
certification of the seed examined is annulled in the
event of such contravention unless it can be shown
that such seed still meets all relevant requirements.’;

3.

in Article 2(4), the second subparagraph shall be deleted;

4. Article 7 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1. Member States shall require that, for the checking
of varieties, the examination of seed for certification and
the examination of commercial seed, samples are drawn
officially or under official supervision in accordance with
appropriate methods. However seed sampling with a
view to controls pursuant to Article 19 shall be carried
out officially.’;

(b) the following paragraphs shall be inserted:

‘1a. When the seed sampling under official super-
vision provided for in paragraph 1 is carried out, the
following requirements shall be complied with:

(a) seed sampling shall be carried out by seed samplers
who have been authorised for that purpose by the
seed certification authority of
the Member State
concerned under the conditions set out in (b), (c),
and (d);

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Official Journal of the European Union

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(b) seed samplers shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed samplers
and confirmed by official examinations.

They shall carry out seed sampling in accordance
with current international methods;

(c) seed samplers shall be:

(i) independent natural persons;

(ii) persons employed by natural or legal persons
whose activities do not involve seed production,
seed growing, seed processing or seed trade;

or

(iii) persons employed by natural or legal persons
whose activities involve seed production, seed
growing, seed processing or seed trade.

In the case referred to in (iii), a seed sampler may
carry out seed sampling only on seed lots produced
it has been
on behalf of his employer, unless
otherwise
the
between
applicant for certification and the seed certification
authority;

employer,

agreed

his

(d) the performance of the seed samplers shall be subject
to proper
supervision by the seed certification
authority. When automatic sampling is in operation
appropriate procedures must be adhered to and offi-
cially supervised;

(e)

for the purposes of the supervision referred to in (d)
the seed lots entered for official
a proportion of
certification shall be check-sampled by official seed
samplers. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification, and the
species
entered, but may also be oriented to
eliminate specific doubts. That proportion shall be
at least 5 %. This check sampling does not apply to
automatic sampling.

supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed samplers who are
found guilty of deliberately or negligently contra-
vening the rules governing official examinations.
The Member States shall ensure that any certification
of the seed sampled is annulled in the event of such
contravention unless it can be shown that such seed
still meets all relevant requirements.

Further measures applicable to the carrying out of
1b.
seed sampling under official supervision may be adopted
in accordance with the procedure laid down in Article
21(2).’;

5. Article 15(3) shall be replaced by the following:

‘3.
The Member States shall also provide that fodder plant
seed harvested in a third country shall, on request, be offi-
cially certified if:

(a)

it has been produced directly from:

(i) basic seed or certified seed officially certified either in
one or more Member States or in a third country
which has been granted equivalence under Article
16(1)(b);

or

(ii) the crossing of basic seed officially certified in a
Member State with basic seed officially certified in
a third country referred to in (i);

(b) it

has

undergone

the
conditions laid down in an equivalence decision made
under Article 16(1)(a) for the relevant category;

inspection satisfying

field

(c) official examination has shown that the conditions laid
down in Annex II for the same category are satisfied.’;

6.

in Article 16(1), point b shall be replaced by the following:

The Member States shall compare the seed samples
drawn officially with those of
the same seed lot
drawn under official supervision;

‘(b)

(f)

the Member States shall
lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official

fodder plant seed harvested in a third country and
affording the same assurances as regards its characte-
for
ristics and the arrangements for its examination,
ensuring identity,
is
for marking and for control
equivalent in these respects to seed harvested within
the Community and complying with the provisions of
this Directive.’

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Article 2

(g)

in (F), point (d) shall be replaced by the following:

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

1. Article 2(1) shall be amended as follows:

‘(d) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a), (b) and (c).’;

(a)

in (C), point (d) shall be replaced by the following:

(h) in (G), point (d) shall be replaced by the following:

‘(d) which has been found by official examination or in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (a), (b) and (c).’;

‘(d) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a), (b) and (c).’;

(b) in (Ca), point (c) shall be replaced by the following:

2. Article 2(3) shall be replaced by the following:

‘(c) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (a) and (b).’;

in

paragraphs

‘3. When the examination under official supervision set
out
(1)(D)(1)(d),
(1)(C)(d),
(1)(D)(2)(b), (1)(D)(3)(c), (1)(E)(d), (1) (F)(d) and (1)(G)(d) is
carried out, the following requirements shall be complied
with:

(1)(Ca)(c),

(c)

in (D)(1), point (d) shall be replaced by the following:

A. Field inspection

‘(d) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (a), (b) and (c).’;

(a) The inspectors shall:

(i) have the necessary technical qualifications;

(d)

in (D)(2), point (b) shall be replaced by the following:

(ii) derive no private gain in connection with the

carrying out of the inspections;

‘(b) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (a).’;

(e)

in (D)(3), point (c) shall be replaced by the following:

‘(c) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (a) and (b).’;

(f)

in (E), point (d) shall be replaced by the following:

(iii) have been officially licensed by the seed certifi-
cation authority of the Member State concerned
and this
the
include
inspectors or the signature by
swearing-in of
inspectors of a written statement of commitment
to the rules governing official examinations;

licensing shall

either

(iv) carry out inspections under official supervision in
accordance with the rules applicable to official
inspections.

(b) The seed crop to be inspected shall be grown from
seed, which has undergone official post-control, the
results of which have been satisfactory.

‘(d) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (a), (b) and (c).’;

(c) A proportion of the seed crops shall be checked by
inspectors. That proportion shall be at least

official
5 %.

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(d) A proportion of samples from the seed lots harvested
from the seed crops shall be drawn for official post
control and, where appropriate, for official laboratory
seed testing in respect of varietal identity and purity.

(e) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of
the licence provided for in (a)(iii),
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening the
rules governing official examinations. The Member
States shall ensure that any certification of the seed
examined is annulled in the event of such contra-
vention unless it can be shown that such seed still
meets all relevant requirements.

B. Seed testing

(a) Seed testing shall be carried out by seed-testing
laboratories which have been authorised for
that
the
purpose by the seed certification authority of
Member State concerned under the conditions set
out in (b) to (d).

(b) The seed-testing laboratory shall have a seed analyst-
in-charge who has direct
the
technical operations of the laboratory and has the
necessary qualifications for technical management of
a seed-testing laboratory.

responsibility for

Its seed analysts shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed analysts
and confirmed by official examinations.

The laboratory shall be maintained in premises and
with equipment officially considered by the seed
the
certification authority to be satisfactory for
purpose of seed testing, within the scope of
the
authorisation.

It shall carry out seed testing in accordance with
current international methods.

(c) The seed-testing laboratory shall be:

(i) an independent laboratory;

or

(ii) a laboratory belonging to a seed company.

In the case referred to in (ii), the laboratory may carry
out seed testing only on seed lots produced on behalf
of the seed company to which it belongs, unless it
has been otherwise
seed
company,
for certification and the
the applicant
competent seed certification authority.

agreed between that

(d) The seed-testing laboratory’s performance of seed
to appropriate supervision

testing shall be subject
by the seed certification authority.

(e) For the purposes of the supervision referred to in (d)
a proportion of the seed lots entered for the official
certification shall be check-tested by official seed
testing. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification, and the
species
entered, but may also be oriented to
eliminate specific doubts. That proportion shall be
at least 5 %.

(f) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed-testing laboratories
which are found guilty of deliberately or negligently
contravening the rules governing official exami-
nations. The Member States shall ensure that any
certification of the seed examined is annulled in the
event of such contravention unless it can be shown
that such seed still meets all relevant requirements.’;

3.

in Article 2(4), the second subparagraph shall be deleted;

4. Article 7 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1. Member States shall require that, for the checking
of varieties, and for the examination of seed for certifi-
cation, samples are drawn officially or under official
supervision in accordance with appropriate methods.
However,
seed sampling with a view to controls
pursuant to Article 19 shall be carried out officially.’;

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(b) the following paragraphs 1a and 1b shall be inserted:

‘1a. When the seed sampling under official super-
vision provided for in paragraph 1 is carried out, the
following requirements shall be complied with:

(a) seed sampling shall be carried out by seed samplers
who have been authorised for that purpose by the
seed certification authority of
the Member State
concerned under the conditions set out in (b), (c),
and (d);

(b) seed samplers shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed samplers
and confirmed by official examinations.

They shall carry out seed sampling in accordance
with current international methods;

(c) seed samplers shall be:

(i) independent natural persons;

(ii) persons employed by natural or legal persons
whose activities do not involve seed production,
seed growing, seed processing or seed trade;

or

(iii) persons employed by natural or legal persons
whose activities involve seed production, seed
growing, seed processing or seed trade.

In the case referred to in (iii), a seed sampler may
carry out seed sampling only on seed lots produced
it has been
on behalf of his employer, unless
otherwise
the
between
applicant for certification and the seed certification
authority;

employer,

agreed

his

(d) the performance of the seed samplers shall be subject
to appropriate supervision by the seed certification
authority. When automatic sampling is in operation
appropriate procedures must be adhered to and offi-
cially supervised;

(e)

for the purposes of the supervision referred to in (d)
a proportion of
the seed lots entered for official
certification shall be check-sampled by official seed
samplers. That proportion shall
in principle be as
evenly spread as possible over natural and legal

persons entering seed for certification, and the
species
entered but may also be oriented to
eliminate specific doubts. That proportion shall be
at least 5%. This check sampling does not apply to
automatic sampling.

The Member States shall compare the seed samples
drawn officially with those of
the same seed lot
drawn under official supervision;

(f)

the Member States shall
lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed samplers who are
found guilty of deliberately or negligently contra-
vening the rules governing official examinations.
The Member States shall ensure that any certification
of the seed sampled is annulled in the event of such
contravention unless it can be shown that such seed
still meets all relevant requirements.

1b.
Further measures applicable to the carrying out of
seed sampling under official supervision may be adopted
in accordance with the procedure laid down in Article
21(2).’;

5. Article 15(3) shall be replaced by the following:

‘3.
The Member States shall also provide that cereal seed
harvested in a third country shall, on request, be officially
certified if:

(a)

it has been produced directly from:

(i) basic seed or certified seed of the first generation
officially certified either in one or more Member
States or
in a third country which has been
granted equivalence under Article 16(1)(b);

or

(ii) the crossing of basic seed officially certified in a
Member State with basic seed officially certified in
a third country referred to in (i);

(b) it

has

undergone

the
conditions laid down in an equivalence decision made
under Article 16(1)(a) for the relevant category;

inspection satisfying

field

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Official Journal of the European Union

L 14/25

(c) official examination has shown that the conditions laid
down in Annex II for the same category are satisfied.’;

(iv) carry out inspections under official supervision in
accordance with the rules applicable to official
inspections.

6.

in Article 16(1), point b shall be replaced by the following:

‘(b) cereal seed harvested in a third country and affording
the same assurances as regards its characteristics and the
arrangements for its examination, for ensuring identity,
for marking and for control
in these
respects to seed harvested within the Community and
complying with the provisions of this Directive.’

is equivalent

Article 3

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

1. Article 2(1) shall be amended as follows:

(a)

in (c), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or, in
the case of the conditions laid down in Annex IB,
examination
either by official
carried out under official supervision to satisfy the
conditions set out in (i), (ii) and (iii);’

examination or

(b) in (d), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or by
examination carried out under official supervision to
satisfy the conditions set out in (i), (ii) and (iii);’

2. Article 2(3) shall be replaced by the following:

‘3. When the examinations under official
referred to in paragraph (1)(c)(iv) and (1)(d)(iv)
out, the following requirements shall be complied with:

supervision
is carried

A. Field inspection

(a) The inspectors shall:

(i) have the necessary technical qualifications;

(ii) derive no private gain in connection with the

carrying out of the inspections;

(iii) have been officially licensed by the seed certifi-
cation authority of the Member State concerned
and this
the
include
swearing-in of
inspectors or the signature by
inspectors of a written statement of commitment
to the rules governing official examinations;

licensing shall

either

(b) The seed crop to be inspected shall be grown from
seed which has undergone official post-control, the
results of which have been satisfactory.

(c) A proportion of the seed crops shall be checked by
inspectors. That proportion shall be at least

official
5 %.

(d) A proportion of samples from the seed lots harvested
from the seed crops shall be drawn for official post
control and, where appropriate, for official laboratory
seed testing in respect of varietal identity and purity.

(e) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
the licence provided for in (a)(iii),
withdrawal of
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening the
rules governing official examinations. The Member
States shall ensure that any certification of the seed
examined is annulled in the event of such contra-
vention unless it can be shown that such seed still
meets all relevant requirements.

B. Seed testing

(a) Seed testing shall be carried out by seed-testing
that
laboratories which have been authorised for
purpose by the seed certification authority of
the
Member State concerned under the conditions set
out in (b) to (d).

(b) The seed-testing laboratory shall have a seed analyst-
in-charge who has direct
the
technical operations of the laboratory and has the
necessary qualifications for technical management of
a seed-testing laboratory.

responsibility for

Its seed analysts shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed analysts
and confirmed by official examinations.

The laboratory shall be maintained in premises and
with equipment officially considered by the seed
the
certification authority to be satisfactory for
purpose of seed testing, within the scope of
the
authorisation.

L 14/26

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Official Journal of the European Union

18.1.2005

It shall carry out seed testing in accordance with
current international methods.

(c) The seed-testing laboratory shall be:

‘1. Member States shall require that, for the checking
of varieties, and for the examination of seed for certifi-
cation, samples are drawn officially or under official
supervision in accordance with appropriate methods.
seed sampling with a view to controls
However
pursuant to Article 25 shall be carried out officially.’;

(i) an independent laboratory;

(b) the following paragraphs shall be inserted:

or

(ii) a laboratory belonging to a seed company.

In the case referred to in (ii), the laboratory may carry
out seed testing only on seed lots produced on behalf
of the seed company to which it belongs, unless it
has been otherwise
seed-
company,
for certification and the
seed certification authority.

agreed between that

the applicant

(d) The seed-testing laboratory’s performance of seed
to appropriate supervision

testing shall be subject
by the seed certification authority.

(e) For the purposes of the supervision referred to in (d)
a proportion of the seed lots entered for the official
certification shall be check-tested by official seed
testing. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification, and the
also be oriented to
species
eliminate specific doubts. That proportion shall be
at least 5 %.

entered but may

(f) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed-testing laboratories
who are found guilty of deliberately or negligently
contravening the rules governing official exami-
nations. The Member States shall ensure that any
certification of the seed examined is annulled in the
event of such contravention unless it can be shown
that such seed still meets all relevant requirements.’;

3.

in Article 2(4), the second subparagraph shall be deleted;

‘1a. When the seed sampling under official super-
vision provided for in paragraph 1 is carried out, the
following requirements shall be complied with:

(a) seed sampling shall be carried out by seed samplers
who have been authorised for that purpose by the
the Member State
seed certification authority of
concerned under the conditions set out in (b), (c),
and (d);

(b) seed samplers shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed samplers
and confirmed by official examinations.

They shall carry out seed sampling in accordance
with current international methods;

(c) seed samplers shall be:

(i) independent natural persons;

(ii) persons employed by natural or legal persons
whose activities do not involve seed production,
seed growing, seed processing or seed trade;

or

(iii) persons employed by natural or legal persons
whose activities involve seed production, seed
growing, seed processing or seed trade.

In the case referred to in (iii), a seed sampler may
carry out seed sampling only on seed lots produced
on behalf of his employer, unless
it has been
the
between
otherwise
applicant for certification and the seed certification
authority;

employer,

agreed

his

4. Article 9 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

(d) the performance of the seed samplers shall be subject
to proper
supervision by the seed certification
authority. When automatic sampling is in operation
appropriate procedures must be adhered to and offi-
cially supervised;

18.1.2005

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Official Journal of the European Union

L 14/27

(e)

for the purposes of the supervision referred to in (d)
a proportion of
the seed lots entered for official
certification shall be check-sampled by official seed
samplers. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification but may also
specific doubts. That
be oriented to eliminate
proportion shall be
check
at
sampling does not apply to automatic sampling.

least 5 %. This

The Member States shall compare the seed samples
drawn officially with those of
the same seed lot
drawn under official supervision;

(f)

the Member States shall
lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed samplers who are
found guilty of deliberately or negligently contra-
vening the rules governing official examinations.
The Member States shall ensure that any certification
of the seed sampled is annulled in the event of such
contravention unless it can be shown that such seed
still meets all relevant requirements.

‘(b) beet seed harvested in a third country and affording the
same assurances as regards its characteristics and the
arrangements
ensuring its
identity, for marking and for control
is equivalent in
these respects to seed harvested within the Community
and complying with the provisions of this Directive.’;

examination,

for

for

its

7. the following Article shall be inserted after Article 30:

‘Article 30A

In accordance with the procedure laid down in Article 28(2),
a Member State may, if it so requests, be wholly or partially
released from the obligation to apply the provisions of this
Directive, with the exception of Article 20,
in so far the
growing of beets and the marketing of beet seed are of
minimal economic importance in its territory.’

Article 4

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

1. Article 2(1) shall be amended as follows:

(a)

in (c), point (iv) shall be replaced by the following:

1b.
Further measures applicable to the carrying out of
seed sampling under official supervision may be adopted
in accordance with the procedure laid down in Article
28(2).’;

‘(iv) which has been found by official examination or in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (i), (ii) and (iii);’

5. Article 22(3) shall be replaced by the following:

(b) in (d)(1), point (ii) shall be replaced by the following:

‘3.
The Member States shall also provide that beet seed
harvested in a third country shall, on request, be officially
certified if:

(a)

it has been produced directly from basic seed officially
certified in one or more Member States or in a third
country which has been granted equivalence under
Article 23(1)(b);

(b) it

has

undergone

the
conditions laid down in an equivalence decision made
under Article 23(1)(a) for the relevant category;

inspection satisfying

field

(c) official examination has shown that the conditions laid
down in Annex I, part B for the same category are
satisfied.’;

6.

in Article 23(1), point b shall be replaced by the following:

‘(ii) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (i);’

(c)

in (d)(2), point (iii) shall be replaced by the following:

‘(iii) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official examination or by examination
carried out under official supervision to satisfy the
conditions set out in (i) and (ii);’

(d)

in (e), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i), (ii) and (iii);’

L 14/28

EN

Official Journal of the European Union

18.1.2005

(e)

in (f), point (iv) shall be replaced by the following:

inspectors of a written statement of commitment
to the rules governing official examinations;

‘(iv) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i), (ii) and (iii);’

(f)

in (g), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i), (ii) and (iii);’

(g)

in (h), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i), (ii) and (iii);’

(h) in (i), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i), (ii) and (iii);’

(i)

in (j), point (iii) shall be replaced by the following:

‘(iii) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i) and (ii);’

2. Article 2(5) shall be replaced by the following:

‘5. When the examinations under official
supervision
referred to in paragraphs (1)(c)(iv), (1)(d)(1)(ii), (1)(d)(2)(iii),
(1)(e)(iv), (1)(f)(iv), (1)(g)(iv), (1)(h)(iv), (1)(i)(iv) and (1)(j)(iii)
are carried out, the following requirements shall be complied
with:

A. Field inspection

(a) The inspectors shall:

(iv) carry out inspections under official supervision in
accordance with the rules applicable to official
inspections.

(b) The seed crop to be inspected shall be grown from
seed which has undergone official post-control, the
results of which have been satisfactory.

(c) A proportion of the seed crops shall be checked by
inspectors. That proportion shall be at least

official
5 %.

(d) A proportion of samples from the seed lots harvested
from the seed crops shall be drawn for official post
control and, where appropriate, for official laboratory
seed testing in respect of varietal identity and purity.

(e) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of
the licence provided for in (a)(iii),
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening the
rules governing official examinations. The Member
States shall ensure that any certification of the seed
examined is annulled in the event of such contra-
vention unless it can be shown that such seed still
meets all relevant requirements.

B. Seed testing

(a) Seed testing shall be carried out by seed-testing
that
laboratories which have been authorised for
purpose by the seed certification authority of
the
Member State concerned under the conditions set
out in (b) to (d).

(i) have the necessary technical qualifications;

(ii) derive no private gain in connection with the

carrying out of the inspections;

(b) The seed-testing laboratory shall have a seed analyst-
the
in-charge who has direct
technical operations of the laboratory and has the
necessary qualifications for technical management of
a seed-testing laboratory.

responsibility for

(iii) have been officially licensed by the seed certifi-
cation authority of the Member State concerned
and this
the
include
inspectors or the signature by
swearing-in of

licensing shall

either

Its seed analysts shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed analysts
and confirmed by official examinations.

18.1.2005

EN

Official Journal of the European Union

L 14/29

The laboratory shall be maintained in premises and
with equipment officially considered by the seed
the
certification authority to be satisfactory for
purpose of seed testing, within the scope of
the
authorisation.

It shall carry out seed testing in accordance with
current international methods.

(c) The seed-testing laboratory shall be:

4. Article 9 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1. Member States shall require that, for the checking
of varieties, the examination of seed for certification and
the examination of commercial seed, samples are drawn
officially or under official supervision in accordance with
appropriate methods. However seed sampling with a
view to controls pursuant to Article 22 shall be carried
out officially.’;

(i) an independent laboratory;

(b) the following paragraphs shall be inserted:

or

(ii) a laboratory belonging to a seed-company.

In the case referred to in (ii), the laboratory may carry
out seed testing only on seed lots produced on behalf
of the seed-company to which it belongs, unless it
seed-
has been otherwise
company,
for certification and the
seed certification authority.

agreed between that

the applicant

(d) The seed-testing laboratory’s performance of seed
to appropriate supervision

testing shall be subject
by the seed certification authority.

(e) For the purposes of the supervision referred to in (d)
a proportion of the seed lots entered for the official
certification shall be check-tested by official seed
testing. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification, and the
species
entered, but may also be oriented to
eliminate specific doubts. That proportion shall be
at least 5 %.

(f) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed-testing laboratories
which are found guilty of deliberately or negligently
contravening the rules governing official exami-
nations. The Member States shall ensure that any
certification of the seed examined is annulled in the
event of such contravention unless it can be shown
that such seed still meets all relevant requirements.’;

3.

in Article 2(6), the second subparagraph shall be deleted;

‘1a. When the seed sampling under official super-
vision provided for in paragraph 1 is carried out, the
following requirements shall be complied with:

(a) seed sampling shall be carried out by seed samplers
who have been authorised for that purpose by the
seed certification authority of
the Member State
concerned under the conditions set out in (b), (c),
and (d);

(b) seed samplers shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed samplers
and confirmed by official examinations.

They shall carry out seed sampling in accordance
with current international methods;

(c) seed samplers shall be:

(i) independent natural persons;

(ii) persons employed by natural or legal persons
whose activities do not involve seed production,
seed growing, seed processing or seed trade;

or

(iii) persons employed by natural or legal persons
whose activities involve seed production, seed
growing, seed processing or seed trade.

In the case referred to in (iii), a seed sampler may
carry out seed sampling only on seed lots produced
it has been
on behalf of his employer, unless
otherwise
the
between
applicant for certification and the seed certification
authority;

employer,

agreed

his

L 14/30

EN

Official Journal of the European Union

18.1.2005

(d) the performance of the seed samplers shall be subject
to appropriate supervision by the seed certification
authority. When automatic sampling is in operation
appropriate procedures must be adhered to and offi-
cially supervised;

(e)

for the purposes of the supervision referred to in (d)
a proportion of
the seed lots entered for official
certification shall be check-sampled by official seed
samplers. That proportion shall
in principle be as
evenly spread as possible over natural and legal
entering seed for
persons
certification and the
species
entered but may also be oriented to
eliminate specific doubts. That proportion shall be
at least 5 %. This check sampling does not apply to
automatic sampling.

The Member States shall compare the seed samples
drawn officially with those of
the same seed lot
drawn under official supervision;

(f)

the Member States shall
lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed samplers who are
found guilty of deliberately or negligently contra-
vening the rules governing official examinations.
The Member States shall ensure that any certification
of the seed sampled is annulled in the event of such
contravention unless it can be shown that such seed
still meets all relevant requirements.

1b.
Further measures applicable to the carrying out of
seed sampling under official supervision may be adopted
in accordance with the procedure laid down in Article
25(2).’;

5. Article 19(3) shall be replaced by the following:

‘3.
The Member States shall also provide that seed of oil
and fibre plants harvested in a third country shall, on
request, be officially certified if:

(a)

the seed has been produced directly from:

(ii) the crossing of basic seed officially certified in a
Member State with basic seed officially certified in
a third country referred to in (i);

(b) it

has

undergone

the
conditions laid down in an equivalence decision made
under Article 20(1)(a) for the relevant category;

inspection satisfying

field

(c) official examination has shown that the conditions laid
down in Annex II for the same category are satisfied.’;

6.

in Article 20(1), point (b) shall be replaced by the following:

‘(b) seed of oil and fibre plants which has been harvested in
a third country and affords the same assurances as
regards its characteristics and the arrangements for its
examination, for ensuring its identity, for marking and
for control
to seed
harvested within the Community and complying with
the provisions of this Directive.’

in these respects

is equivalent

Article 5

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

1. Article 2(1) shall be amended as follows:

(a)

in (c), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or, in
the case of the conditions laid down in Annex II,
either by official
examination
carried out under official supervision to satisfy the
conditions set out in (i), (ii) and (iii);’

examination or

(b) in (d), point (iv) shall be replaced by the following:

‘(iv) which has been found by official examination or by
examination carried out under official supervision
to satisfy the conditions set out in (i), (ii) and (iii);’

2. the following paragraph 4 shall be added to Article 2:

‘4. When the examinations under official
supervision
referred to in paragraph (1)(c)(iv) and (1)(d)(iv) are carried
out, the following requirements shall be complied with:

(i) basic seed or certified seed of the first generation
officially certified either in one or more Member
States or
in a third country which has been
granted equivalence under Article 20(1)(b);

A. Field inspection

(a) The inspectors shall:

or

(i) have the necessary technical qualifications;

18.1.2005

EN

Official Journal of the European Union

L 14/31

(ii) derive no private gain in connection with the

carrying out of the inspections;

(iii) have been officially licensed by the seed certifi-
cation authority of the Member State concerned
and this
the
include
swearing-in of
inspectors or the signature by
inspectors of a written statement of commitment
to the rules governing official examinations;

licensing shall

either

(b) The seed-testing laboratory shall have a seed analyst-
in-charge who has direct
the
technical operations of the laboratory and has the
necessary qualifications for technical management of
a seed-testing laboratory.

responsibility for

Its seed analysts shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed analysts
and confirmed by official examinations.

(iv) carry out inspections under official supervision in
accordance with the rules applicable to official
inspections.

(b) The seed crop to be inspected shall be grown from
seed which has undergone official post-control, the
results of which have been satisfactory.

equipment

The laboratory shall be maintained in premises and
with
the
competent seed certification authority to be satis-
factory for the purpose of seed testing, within the
scope of the authorisation.

considered

officially

by

It shall carry out seed testing in accordance with
current international methods.

(c) A proportion of the seed crops shall be checked by
inspectors. That proportion shall be at least

official
5 %.

(c) The seed-testing laboratory shall be:

(d) A proportion of samples from the seed lots harvested
from the seed crops shall be drawn for official post
control and, where appropriate, for official laboratory
seed testing in respect of varietal identity and purity.

or

(i) an independent laboratory;

(e) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of
the licence provided for in (a)(iii),
from officially licensed inspectors who are found
guilty of deliberately or negligently contravening the
rules governing official examinations. The Member
States shall ensure that any certification of the seed
examined is annulled in the event of such contra-
vention unless it can be shown that such seed still
meets all relevant requirements.

B. Seed testing

(a) Seed testing shall be carried out by seed-testing
that
laboratories which have been authorised for
purpose by the seed certification authority of
the
Member State concerned under the conditions set
out in (b) to (d).

(ii) a laboratory belonging to a seed company.

In the case referred to in (ii), the laboratory may carry
out seed testing only on seed lots produced on behalf
of the seed company to which it belongs, unless it
has been otherwise agreed between that company,
the applicant for certification and the seed certifi-
cation authority.

(d) The seed-testing laboratory’s performance of seed
to appropriate supervision

testing shall be subject
by the seed certification authority.

(e) For the purposes of the supervision referred to in (d)
a proportion of the seed lots entered for the official
certification shall be check-tested by official seed
in principle be as
testing. That proportion shall
evenly spread as possible over natural and legal
certification and the
persons
species
also be oriented to
eliminate specific doubts. That proportion shall be
at least 5 %.

entering seed for
entered but may

L 14/32

EN

Official Journal of the European Union

18.1.2005

(f) The Member States shall

lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed-testing laboratories
who are found guilty of deliberately or negligently
contravening the rules governing official exami-
nations. The Member States shall ensure that any
certification of the seed examined is annulled in the
event of such contravention unless it can be shown
that such seed still meets all relevant requirements.’;

3. Article 25 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1. Member States shall require that, for the exami-
nation of seed for certification, samples are drawn offi-
cially or under official supervision in accordance with
appropriate methods. However seed sampling with a
view to controls pursuant to Article 39 shall be carried
out officially.

These provisions shall also apply where samples of
standard seed are drawn for post-control tests.’;

(b) the following paragraphs shall be inserted:

‘1a. When the seed sampling under official super-
vision provided for in paragraph 1 is carried out, the
following requirements shall be complied with:

(a) seed sampling shall be carried out by seed samplers
who have been authorised for that purpose by the
the Member State
seed certification authority of
concerned under the conditions set out in (b), (c),
and (d);

(b) seed samplers shall have the necessary technical
qualifications obtained in training courses organised
under conditions applicable to official seed samplers
and confirmed by official examinations.

They shall carry out seed sampling in accordance
with current international methods;

(iii) persons employed by natural or legal persons
whose activities involve seed production, seed
growing, seed processing or seed trade.

In the case referred to in (iii), a seed sampler may
carry out seed sampling only on seed lots produced
it has been
on behalf of his employer, unless
otherwise
the
between
applicant for certification and the competent seed
certification authority;

employer,

agreed

his

(d) the performance of the seed samplers shall be subject
to proper supervision by the competent seed certifi-
cation authority. When automatic sampling is in
operation appropriate procedures must be adhered
to and officially supervised;

(e)

for the purposes of the supervision referred to in (d)
a proportion of
the seed lots entered for official
certification shall be check-sampled by official seed
samplers. That proportion shall
in principle be as
evenly spread as possible over natural and legal
persons entering seed for certification but may also
specific doubts. That
be oriented to eliminate
proportion shall be
check
at
sampling does not apply to automatic sampling.

least 5 %. This

The Member States shall compare the seed samples
drawn officially with those of
the same seed lot
drawn under official supervision;

(f)

the Member States shall
lay down the rules on
penalties applicable to infringements of the national
provisions governing examination under official
supervision, adopted pursuant to this Directive. The
penalties provided for must be effective, propor-
tionate and dissuasive. Penalties may include the
withdrawal of the authorisation provided for in (a),
from officially authorised seed samplers who are
found guilty of deliberately or negligently contra-
vening the rules governing official examinations.
The Member States shall ensure that any certification
of the seed sampled is annulled in the event of such
contravention unless it can be shown that such seed
still meets all relevant requirements.

(c) seed samplers shall be:

(i) independent natural persons;

1b.
Further measures applicable to the carrying out of
seed sampling under official supervision may be adopted
in accordance with the procedure laid down in Article
46(2).’

(ii) persons employed by natural or legal persons
whose activities do not involve seed production,
seed growing, seed processing or seed trade;

or

Article 6

In Article 4 of Decision 98/320/EC the date ‘27 April 2005’
shall be replaced by ‘30 September 2005’.

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Official Journal of the European Union

L 14/33

Article 7

By 1 October 2010, the Commission shall submit a detailed
evaluation of the simplification of the certification procedures
introduced by this Directive. This evaluation shall
focus in
particular on the performance of supervisory systems in terms
of possible effects on the quality of seed.

Article 8

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 1 October 2005. They shall forthwith commu-
nicate to the Commission the text of those provisions and a
correlation table between those provisions and this Directive.

When Member States adopt these measures, they shall contain a
reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication. The
methods for making such reference shall be laid down by
Member States

2. Member States shall communicate to the Commission the
text of the main provisions of national law, which they adopt in
the field covered by this Directive.

Article 9

This Directive shall enter
following that of its publication in the Official
European Union.

into force on the seventh day
Journal of the

Article 10

This Directive is addressed to the Member States.

Done at Brussels, 22 December 2004.

For the Council
The President

C. VEERMAN