Proposal for a Council Decision the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries
Date: 2005-06-01
Institutions: European Commission
Subjects: crop production, plant health control, quality control of agricultural products, seed, seedling, vegetable

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 01.06.2005 
COM(2005) 226 final 

Proposal for a 

COUNCIL DECISION 

the equivalence of checks on practices for the maintenance of varieties carried out in 
certain third countries 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council  Directives  2002/53/EC  on  the  Common  Catalogue  of  varieties  of  agricultural  plant 
species  and  2002/55/EC  on  the  marketing  of  vegetable  seed  provide  for  the  Council  to 
determine whether the checks on practices for the maintenance of varieties carried out in third 
countries afford the same guarantees as those carried out by Member States. 

By  Decision  97/788/EC  the  Council  determined  that  the  above  checks  afforded  the  same 
guarantees as those carried out by the Member States. The decision expires on 30 June 2005. 

On  the  basis  of  the  information  collected  by  the  Commission  services  within  the  Standing 
Committee  on  Seeds  and  obtained  from  Community  comparative  trials,  these  countries 
continue to afford the same guarantees. 

The  present  proposal  would  establish  the  list  of  third  country  equivalence  referred  to  in 
Decision 97/788/EC and would permit the Commission to update the list taking into account 
the  opinion  of  the  Standing  Committee  on  Seeds  and  Propagating  Material  for  Agriculture, 
Horticulture and Forestry. 

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Proposal for a 

COUNCIL DECISION 

the equivalence of checks on practices for the maintenance of varieties carried out in 
certain third countries 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of 
varieties of agricultural plant species1, and in particular Article 22 (1) (b) thereof, 

Having  regard  to  Council  Directive  2002/55/EC  of  13  June  2002  on  the  marketing  of 
vegetable seed2, and in particular Article 37 (1) (b) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 

2 
3 

4 

By Decision 97/788/EC3, the Council determined that the official checks on practices 
for the maintenance of varieties carried out in certain third countries afforded the same 
guarantees  as  those  carried  out  by  the  Member  States.  That  Decision  expires  on 
30 June 2005. 

It  appears  that  the  checks  carried  out  in  the  third  countries  referred  to  in  Decision 
97/788/EC continue to afford the same guarantees as those carried out by the Member 
States. Those checks should therefore continue to be considered as equivalent. 

This  Decision  does  not  prevent  Community  findings  on  equivalence  from  being 
revoked or the extension of their period of validity being refused when the conditions 
on which they are based are not, or cease to be, satisfied.  

Since  the  Annex  may  require  frequent  amendments,  it  should  be  amended  in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission4, 

OJ L 193, 20.7.2002 p. 1. 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). 
OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regulation (EC) No 1829/2003. 
OJ  L  322,  25.11.1997,  p.  39.  Decision  as  last  amended  by  Commission  Decision  2004/120/EC 
(OJ L 36, 7.2.2004, p. 57). 
OJ L 184, 17.7.1999, p. 23. 

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HAS ADOPTED THIS DECISION: 

Article 1 

The  official  checks  on  practices  for  the  maintenance  of  varieties  carried  out  in  the  third 
countries listed in the Annex by the authorities mentioned therein for the species covered by 
the  Directives  referred  to  for  each  of  those  countries  afford  the  same  guarantees  as  those 
carried out by the Member States. 

Amendments to the Annex shall be adopted in accordance with the procedure referred to in 
Article 3(2). 

Article 2 

Article 3 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Seeds  and 
Propagating Material for Agriculture, Horticulture and Forestry, hereinafter referred 
to as “the Committee”. 

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

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

3. 

The Committee shall adopt its rules of procedure. 

Article 4 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Country* 

Authority responsible for 
carrying out checks 

AR 

AU 

BG 

CA 

CH 

CL 

CS 

HR 

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

Australian Seeds Authority, 
Victoria 

Ministry 
Forestry, Sofia 

of  Agriculture 

and 

Canadian Food Inspection 
Agency, Ottawa 

Eidgenössische Forschungsanstalt 
für Agrarökologie und Landbau 
(FAL) Zürich 

Station Fédérale de Recherches en 
Production Végétale de Changins 
(RAC), Nyon 

Servicio Agrícola y Ganadero, 
Santiago 

National Laboratory for Seed 
Testing, Novi Sad 

Ministry for Seed and 
Seedlings, Osijek 

Directives 

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

66/401/EEC 
2002/57/EC 
2002/55/EC 

2002/54/EC 
66/401/EEC 
66/402/EEC 
2002/57/EC 
2002/55/EC 

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

2002/55/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 

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IL 

JP 

KR 

MA 

NZ 

RO 

TW 

US 

UY 

ZA 

Ministry of Agriculture 
Bet-Dagan 

Ministry of Agriculture, Forestry 
and Fisheries, 1-2-1 Kumigaseki, 
Chiyodaku, Tokyo 

Ministry of Agriculture, Forestry 
and Fisheries, Vegetables 
Division, Seoul 

Ministère de l’agriculture et de la 
mise en valeur agricole, Rabat 

Ministry of Agriculture and 
Fisheries, Wellington 

Ministry of Agriculture and Food, 
Bucharest 

Council of Agriculture, Food and 
Agriculture Department, Taipei 

United States Department of 
Agriculture, Beltsville, Maryland 

Ministerio de Ganadería, 
Agricultura y Pesca, Montevideo 

Department of Agriculture, 
Pretoria  

2002/54/EC 
66/401/EEC 
66/402/EEC 
2002/57/EC 
2002/55/EC 

2002/55/EC 

2002/55/EC 

66/401/EEC 
66/402/EEC 
2002/57/EC 
2002/55/EC 

66/401/EEC 

2002/57/EC 

2002/55/EC 

2002/54/EC 
66/401/EEC 
66/402/EEC 
2002/57/EC 
2002/55/EC 

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

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

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*AR - Argentina 

CS - Serbia and Montenegro  

NZ - New Zealand 

AU - Australia 

HR - Croatia 

BG - Bulgaria 

CA - Canada 

IL - Israel 

JP - Japan 

RO - Romania 

TW - Taiwan 

US - United States of America 

CH - Switzerland 

KR - Republic of Korea 

UY - Uruguay 

CL - Chile 

MA - Morocco 

ZA - South Africa 

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