Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in Ukraine on cereal seed-producing crops and on the equivalence of cereal seed produced in Ukraine
Date: 2020-04-07
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: Ukraine, agrarian law, cereal-growing, import (EU), plant health control, quality control of agricultural products, quality standard, seed

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   EUROPEAN COMMISSION  Brussels, 7.4.2020  COM(2020) 137 final 2020/0053 (COD)  Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in Ukraine on cereal seed-producing crops and on the equivalence of cereal seed produced in Ukraine  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council Decision 2003/17/EC grants equivalence to certain non-EU countries as regards field 
inspections and production of seed of certain species that are carried out in accordance with 
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  European  Union.  Ukraine  is  not  included  in  those  non-EU  countries, 
therefore import into the European Union of cereal seeds harvested in that country is currently 
not possible.  

Ukraine has submitted to the Commission a request that its cereal seed is covered by Council 
Decision 2003/17/EC as equivalent.  

Following  that  request,  the  Commission  has  carried  out  an  examination  of  the  applicable 
legislation  of  Ukraine  and  conducted  an  audit  of  the  field  inspections  and  seed  certification 
system for cereal seed in place in Ukraine. It was concluded that its requirements and system 
in place are equivalent to the ones of the Union and offer the same assurance as the Union’s 
system.  

Therefore,  it  is  appropriate  to  recognise  the  Ukrainian  seed  as  equivalent  to  cereal  seed 
harvested, produced and controlled in the European Union through a Decision to be adopted 
by the European Parliament and the Council.  

• 

Consistency with existing policy provisions in the policy area 

This is a technical implementation of existing requirements and thus consistent with existing 
policy provisions in the policy area or marketing of seeds. 

• 

Consistency with other Union policies 

This proposal is in line with the aims of the EU-Ukraine Association Agreement, because it 
will boost trade in seed that complies with the Union’s rules. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis of this act is Article 43(2) TFEU, which empowers the European Parliament 
and  the  Council  to  establish  provisions  necessary  for  the  pursuit  of  the  objectives  of  the 
common agricultural policy. 

• 

Subsidiarity (for non-exclusive competence)  

Requirements  for  seed  are  regulated  at  the  Union  level.  In  order  to  guarantee  that  imported 
seed can move freely in the Single Market, action at Union level is necessary. 

• 

Proportionality 

This is the only possible form of Union action to achieve the pursued objective. 

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• 

Choice of the instrument 

The legal instrument is provided for by the legal base, Article 43(2) TFEU. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

N/A 

• 

Stakeholder consultations 

The Member States have been informed and consulted in the Standing Committee on Plants, 
Animal,  Food  and  Feed.  No  separate  consultation  has  been  required,  as  the  initiative  only 
concerns  technical  implementation  of  existing  rules  and  no  separate  consultation  has  taken 
place  under  similar  initiatives  in  the  past.  Ukraine  itself  has  commented  on  the  draft  audit 
report, where no substantial controversies have been noted. 

• 

Collection and use of expertise 

The  Commission  has  carried  out  a  legislative  analysis  in  exchange  with  Ukraine  and  its 
services  have  carried  out  an  inspection  in  Ukraine.  It  has  produced  a  report  presenting 
necessary data justifying the initiative. 

• 

Impact assessment 

This  is  a  Decision  of  purely  technical  nature,  implementing  existing  rules,  thus  there  is  no 
requirement for an impact assessment. 

• 

Regulatory fitness and simplification 

This proposal is not linked to REFIT. The proposal will stimulate trade between Ukraine and 
the  EU.  By  investing  in  seed  production  capacities  in  Ukraine,  EU-based  companies  try  to 
diversify their seed production areas all over Europe to reduce risks of producing only in one 
climate  zone.  Equivalence  would  therefore  contribute  to  the  maintenance  of  the  continuous 
supply  of  high  quality  seed  in  the  EU.  Moreover,  European  seed  companies  seek  new 
opportunities,  which  would  be  provided  for  by  the  EU  equivalence.  The  proposal  has  no 
impact  on  compliance  costs  for  operators.  The  “Digital  Check”  is  not  applicable  to  this 
proposal. 

Fundamental rights 

• 

N/A 

4. 

BUDGETARY IMPLICATIONS 

None 

5. 

• 

N/A 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

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Explanatory documents (for directives) 

• 

N/A 

• 

Detailed explanation of the specific provisions of the proposal 

The  single  substantive  provision  in  the  proposal  adds  Ukraine  to  the  list  of  countries,  for 
which  equivalence  of  field  inspections  of  seed-producing  crops  of  cereal  species  and  the 
equivalence of the produced seed has been recognised. 

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2020/0053 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Decision 2003/17/EC as regards the equivalence of field inspections 
carried out in Ukraine on cereal seed-producing crops and on the equivalence of cereal 
seed produced in Ukraine 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

1 
2 

Council Decision 2003/17/EC2 provides that under certain conditions field inspections 
carried  out  on  certain  seed-producing  crops  in  the  listed  third  countries  are  to  be 
considered  equivalent  to  field  inspections  carried  out  in  accordance  with  Union  law 
and  that  under  certain  conditions  seed  of  certain  species  of  cereal  produced  in  those 
countries  is  to  be  considered  equivalent  to  seed  produced  in  accordance  with  Union 
law. 

Ukraine has submitted a request for the Commission to grant equivalence to its system 
of field inspections of cereal seed and to cereal seed produced and certified in Ukraine. 

The Commission examined the relevant legislation of Ukraine, and, based on an audit 
carried  out  in  2015  concerning  the  system  of  official  controls  and  of  certification  of 
cereal  seed  in  Ukraine,  and  its  equivalence  with  Union  requirements,  published  its 
findings in a report entitled ‘Final report of an audit carried in Ukraine from 26 May 
2015  to  04  June  2015  in  order  to  evaluate  the  system  of  official  controls  and 
certification of cereal seed and their equivalence with European Union requirements’.  

Following  that  audit,  it  has  been  concluded  that  field  inspections  of  seed-producing 
crops,  sampling,  testing  and  official  post-controls  of  cereal  seed  are  carried  out 
appropriately, and satisfy the conditions of Annex II to Decision 2003/17/EC and the 
respective  requirements  of  Directive  66/402/EEC.  Moreover,  it  has  been  concluded 
that the national authorities responsible for the implementation of seed certification in 
Ukraine are competent and operate appropriately. 

OJ C , , p. . 
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 countries 
(OJ L 8, 14.1.2003, p. 10). 

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(5) 

Therefore it is appropriate to grant equivalence as regards field inspections carried in 
respect of cereal seed in Ukraine and as regards cereal seed produced in Ukraine and 
officially certified by its authorities. 

(6) 

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

HAVE ADOPTED THIS DECISION: 

Article 1 
Amendments to Decision 2003/17/EC 

Annex I to Decision 2003/17/EC is amended as follows: 

(a) 

In the table, the following entry is inserted between 'TR' and 'US': 

"UA 

66/402/EEC" 

Ministry of Agrarian 
Policy and Food of 
Ukraine 
Khreshchatyk str., 24, 
01001, KYIV 

(b) 

In the footnote to that table, the following terms are inserted between 'TR — Turkey' 
and 'US — United States': : 

"UA – Ukraine,". 

Article 2 
Entry into force 

This Decision shall enter into force on the  twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 3 
Addressees 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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