Council Regulation (EC) No 1947/2005 of  23 November 2005  on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71 and (EEC) No 1674/72
Date: 2005-11-23
Institutions: Council of the European Union
Subjects: common organisation of markets, import policy, seed

29.11.2005

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 1947/2005

of 23 November 2005

on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71
and (EEC) No 1674/72

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
establishing the European
Community, and in particular Article 36 and the third subpar-
agraph of Article 37(2) thereof,

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:

(1)

(2)

The operation and development of the common market
in agricultural products should be accompanied by the
common agricultural policy to
establishment of
the
include,
agricultural markets which may take various
forms
depending on the product concerned.

in particular, a common organisation of

a

Council Regulation (EEC) No 2358/71 of 26 October
1971 on the common organisation of the market in
seeds (3) has been substantially amended several times,
particularly by Council Regulation (EC) No 1782/2003
of 29 September 2003 establishing common rules for
direct support schemes under the common agricultural
policy and establishing certain support
for
farmers (4). In the interests of clarity, Regulation (EEC)
No 2358/71 should be repealed and replaced by a new
Regulation.

schemes

(1) Not yet published in the Official Journal.
(2) Opinion delivered on 26 October 2005 following non-compulsory

consultation (not yet published in the Official Journal).

(3) OJ L 246, 5.11.1971, p. 1. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(4) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005,
p. 15).

The provisions of Council Regulation (EEC) No 1674/72
of 2 August 1972 laying down general rules for granting
and financing aid for seed (5) were incorporated into the
implementing rules in Chapter 10 of Commission Regu-
lation (EC) No 1973/2004 of 29 October 2004 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1782/2003 as
the support
schemes provided for in Titles IV and IVa of that Regu-
lation and the use of land set aside for the production of
raw materials (6). Regulation (EEC) No 1674/72 should
therefore be repealed.

regards

In order to monitor the volume of trade in seeds with
third countries, provision should be made for an import
licence scheme with the lodging of a security to ensure
that
are
transactions
requested are effected.

for which such licences

the

The system of customs duties makes it possible to
dispense with all other protective measures in the case
of goods imported from third countries.

in order not

The internal market and customs duty mechanism could,
in exceptional circumstances, prove inadequate. In such
to leave the Community market
cases,
without defence against disturbances that might ensue,
the Community should be able to take all necessary
measures without delay. Those measures should comply
with the Community’s international obligations.

the internal market

the Treaty governing State

in seeds
The proper working of
would be jeopardised by the granting of national aid.
The provisions of
aid
should, therefore, apply to the products covered by this
common market organisation. However, since accession,
Finland may,
the
to
Commission, grant aid respectively for certain quantities
seed
of
seeds and for certain quantities of cereal
produced solely in Finland, because of
specific
climatic conditions.

authorisation

subject

by

its

(4)

(5)

(6)

(7)

(5) OJ L 177, 4.8.1972, p. 1. Regulation as last amended by Regulation

(EEC) No 3795/85 (OJ L 367, 31.12.1985, p. 21).

(6) OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regu-

lation (EC) No 1044/2005 (OJ L 172, 5.7.2005, p. 76).

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(8)

(9)

the

common market
the Member States

Since
evolving,
should keep each other
relevant to developments in this area.

constantly
and the Commission
supplied with information

in seeds

is

The measures necessary for the implementation of this
Regulation should be
adopted 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 Commission (1),

HAS ADOPTED THIS REGULATION:

1202 10 10

Groundnuts, not roasted or otherwise cooked,
in shell, for sowing

1204 00 10

Linseed, whether or not broken, for sowing

1205 10 10

Rape or colza seeds, whether or not broken,
for sowing

1206 00 10

Sunflower seeds, whether or not broken, for
sowing

ex 1207

1209

Other oil seeds and oleaginous fruits, whether
or not broken, for sowing

fruit and spores, of a kind used for

Seeds,
sowing

Article 2

The marketing year for seeds shall begin on 1 July of each year
and end on 30 June of the following year.

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Article 3

A common organisation of the market in seeds shall be estab-
lished and shall cover the following products:

This Regulation shall apply without prejudice to the measures
provided for by Regulation (EC) No 1782/2003.

CN code

Description of goods

0712 90 11

Sweetcorn hybrids for sowing

0713 10 10

Peas (Pisum sativum) for sowing

ex 0713 20 00

Chickpeas for sowing

ex 0713 31 00

Beans of the species Vigna mungo (L.) Hepper or
Vigna radiata (L.) Wilczek for sowing

ex 0713 32 00

Small red (Adzuki) beans (Phaseolus or Vigna
angularis) for sowing

0713 33 10

Kidney beans,
(Phaseolus vulgaris) for sowing

including white pea beans

ex 0713 39 00

Other beans for sowing

ex 0713 40 00

Lentils for sowing

ex 0713 50 00

Broad beans (Vicia faba var. major) and horse
beans (Vicia faba var. equina, Vicia faba var.
mino)

ex 0713 90 00

Other dried leguminous vegetables for sowing

1001 90 10

Spelt for sowing

ex 1005 10

Hybrid maize (corn) seed

1006 10 10

Rice in the husk (paddy or rough) for sowing

1007 00 10

Grain sorghum hybrids for sowing

1201 00 10

Soya beans, whether or not broken, for sowing

(1) OJ L 184, 17.7.1999, p. 23.

CHAPTER II

TRADE WITH THIRD COUNTRIES

Article 4

Imports into the Community of any of the products listed
1.
in Article 1 may be subject to the presentation of an import
licence. The products for which import licences are required
shall be determined in accordance with the procedure referred
to in Article 10(2).

2.
Import licences shall be issued by the Member States to
any persons who so request, irrespective of their place of estab-
lishment in the Community.

Licences shall be valid for imports carried out anywhere in
3.
the Community. Their issue shall be subject to the lodging of a
security guaranteeing that the products are imported during the
validity period of the licence. Except in cases of force majeure, the
security shall be forfeited in whole or in part if the transaction
is not carried out, or is carried out only partially, within that
period.

Article 5

Unless this Regulation provides otherwise, the rates of duty in
the Common Customs Tariff shall apply to the products listed
in Article 1.

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Article 6

1.
The general rules for the interpretation of the Combined
Nomenclature and the detailed rules for its application shall
apply to the tariff classification of products referred to in
Article 1. The tariff nomenclature resulting from the application
of this Regulation shall be included in the Common Customs
Tariff.

Save as otherwise provided for in this Regulation or in
the following shall be
thereto,

2.
provisions adopted pursuant
prohibited in trade with third countries:

(a)

the levying of any charge having equivalent effect
customs duty;

to a

(b) the application of any quantitative restriction or measure

having equivalent effect.

However, Finland may, subject to authorisation by the
2.
Commission, grant aid respectively for certain quantities of
seeds and for certain quantities of cereal seed produced solely
in Finland, because of its specific climatic conditions.

Prior to 1 January 2006, the Commission shall transmit to the
Council, on the basis of the information supplied in due time
by Finland, a report on the results of the aid authorised, accom-
panied by the necessary proposals.

Article 9

The Member States and the Commission shall communicate to
each other the information necessary for implementing this
Regulation.

Article 7

1.
The Commission shall be assisted by a Management
Committee for Seeds (hereinafter referred to as ‘the Committee’).

Article 10

If, by reason of

imports or exports,

1.
the Community
market in one or more of the products listed in Article 1 is
affected by, or is threatened with, serious disturbance likely to
jeopardise the achievement of the objectives set out in Article
33 of the Treaty, appropriate measures may be applied in trade
with non-member countries of the World Trade Organisation
until such disturbance or threat of it has ceased.

If

the situation referred to in paragraph 1 arises,

2.
the
Commission shall, at the request of a Member State or on its
own initiative, decide upon the necessary measures. The
Member States shall be notified of such measures, which shall
be immediately applicable. If the Commission receives a request
from a Member State,
it shall take a decision thereon within
three working days following receipt of the request.

2. 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 set at one month.

3.

The Committee shall adopt its Rules of Procedure.

3.
The measures mentioned in paragraph 2 may be referred
to the Council by any Member State within three working days
of the day on which they are notified. The Council shall meet
immediately. It may, acting by a qualified majority, amend or
repeal the measures in question within one month of the day
on which the measures are referred to it.

Detailed rules on the application of this Regulation, and in
particular the validity period of
the licences referred to in
Article 4 and the arrangements for communicating the infor-
mation referred to in Article 9, shall be adopted in accordance
with the procedure referred to in Article 10(2).

Article 11

Arrangements adopted under

4.
take
account of the obligations arising from agreements concluded
in accordance with Article 300(2) of the Treaty.

this Article

shall

CHAPTER III

GENERAL PROVISIONS

Article 8

CHAPTER IV

TRANSITIONAL AND FINAL PROVISIONS

Article 12

Regulations (EEC) No 2358/71 and (EEC) No 1674/72 are

1.
hereby repealed.

1.
Save as otherwise provided in this Regulation, Articles 87,
88 and 89 of the Treaty shall apply to the production of, and
trade in, the products listed in Article 1.

2.
References to Regulation (EEC) No 2358/71 shall be
construed as references to this Regulation and shall be read in
accordance with the correlation table in the Annex.

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This Regulation shall enter into force on the seventh day following its publication in the Official Journal of
the European Union.

Article 13

It shall apply from 1 July 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 November 2005.

For the Council
The President

M. BECKETT

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ANNEX

Correlation table

Regulation (EEC) No 2358/71

This Regulation

Article 1

Article 2
—

Article 3

Article 3a

Article 4(1) and (2), first subparagraph

Article 4(2), second subparagraph

Article 5(1)

Article 5(2) and Article 6

Article 7

Article 8

Article 9, first sentence

Article 9, second sentence

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16
—

Article 17

Article 1

Article 2

Article 3
—

—

Article 4

Article 11

Article 5

Article 6

Article 7

Article 8

Article 9

Article 11

Article 10
—

—

—

—

—

Article 12

Article 13