Proposal for a Council Decision amending Decision 2003/17/EC 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
Date: 2007-08-28
Institutions: European Commission
Subjects: EU law, marketing, plant health control, plant health legislation, seed, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.8.2007 
COM(2007) 483 final 

Proposal for a 

COUNCIL DECISION 

amending Decision 2003/17/EC 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 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, and 2002/57/EC on the marketing 
of seed (fodder plants, cereals, beet, oil and fibre plants) provide for the Council to determine 
whether  field  inspections  carried  out  in  third  countries  on  seed  producing  crops  satisfy  the 
conditions laid down in Community legislation and whether seed produced in these countries 
is equivalent to seed produced in the Community. 

By virtue of Council Decision 2003/17/EC, as amended, this equivalence was determined for 
thirteen countries. Decision 2003/17/EC will expire on 31 December 2007. 

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

The present proposal renews the equivalence until 31 December 2012 for all third countries 
referred to in Decision 2003/17/EC. 

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Proposal for a 

COUNCIL DECISION 

amending Decision 2003/17/EC 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) 

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 seed1, and in particular Article 16(1) thereof, 

Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal 
seed2, and in particular Article 16(1) thereof, 

Having  regard  to  Council  Directive  2002/54/EC  of  13  June  2002  on  the  marketing  of  beet 
seed3, 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 plants4, and in particular Article 20(1) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

Council  Decision  2003/17/EC  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 countries5 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. 

1 

2 

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4 
5 

OJ  125,  11.7.1966,  p.  2298/66.  Directive  as  last  amended  by  Directive  2004/117/EC  (OJ  L 14, 
18.1.2005, p. 18). 
OJ  125,  11.7.1966,  p.  2309/66.  Directive  as  last  amended  by  Commission  Directive  2006/55/EC 
(OJ L 159, 13.6.2006, p. 13). 
OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive 2004/117/EC. 
OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2004/117/EC. 
OJ  L  8,  14.1.2003,  p.  10.  Decision  as  last  amended  by  Regulation  (EC)  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1). 

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(2) 

(3) 

It appears that those field inspections continue to afford the same guarantees as those 
carried out by the Member States. Those field inspections should therefore continue to 
be considered as equivalent. 

As  Decision  2003/17/EC  will  expire  on  31  December  2007,  the  period  for  which 
equivalence is recognised under that Decision should be extended. It appears desirable 
to limit that period to five years. 

(4) 

Decision 2003/17/EC should therefore be amended accordingly, 

HAS ADOPTED THIS DECISION:  

In  Article  6  of  Decision  2003/17/EC  "31  December  2007" 
"31 December 2012".  

is 

replaced  by 

Article 1 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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