CELEX: 51995PC0258
Language: en
Date: 1995-06-13
Title: Proposal for a COUNCIL DECISION 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 13.06.1995
                                                 COM(95) 258 final
                                  Proposal for a
                              COUNCIL DECISION
on the equivalence of f i e l d inspections carried out in third countries on
  seed producing crops and on the equivalence of seed produced in t h i r d
                                     countries
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATOPY MEMORANDUM
Directive 66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC on the
marketing of beet seed, fodder plant seed, cereal seed and seed of oil and
fibre plants respectively, provide for the Council to determine whether
field inspections in third countries and seed harvested in third countries
are equivalent to those in the Community.
By Decision 85/355/EEC the Council determined that field inspections
carried out in certain third countries on seed-producing crops of certain
species satisfied the conditions laid down in the Community legislation on
the marketing of seed; by Decision 85/356/EEC the Council determined that
seed of certain species produced in the same third countries was equivalent
to corresponding seed produced in the Community. These Decisions covered
twenty-one third countries and established the conditions under which seed
of agricultural plant species might be imported into the Community. They
expire on 30 June 1995.
The present proposal renews the equivalence both in relation to the field
inspections and the seed produced in the same third countries, with the
exception of Cyprus, where production and field inspections of seed
intended for the Community did not take place during the period of
application of Decisions 85/355/EEC and 85/356/EEC. The Decision will apply
from 1 July 1995 to 31 December 1996. (This period is shorter than usual
given that the OECD schemes, on which many of the third countries base
their seed production and which are referred to in the Decision, will be-
modified during that period.)
There are no subsidiarity implications given that the proposal is based on
Directives adopted under Article 43 of the Treaty on the European Community
and thus falls within the exclusive competence of the Community.
 ---pagebreak---                                        A <^-
                        Proposal for a Council Decision
                                      of
 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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/400/EEC of 14 June 1966 on the
marketing of beet seed1, as last amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 16(1) thereof,
Having regard to Council Directive 66/401/EEC of 14 June 1966 on the
marketing of fodder plant seed2, as last amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 16(1) thereof,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the
marketing of cereal seed3, as last amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 16(1) thereof,
Having, regard to Council Directive 69/208/EEC of 30 June 1969 on the
marketing of seed of oil and fibre plants4, as last amended by the Act of
Accession of Austria, Finland and Sweden, and in particular Article 15(1)
thereof,
Having regard to the proposal from the Commission,
     OJ No 125, 11.07.1966, p. 2320/66
     OJ No 125, 11.07.1966, p. 2298/66
     OJ No  125, 11.07.1966, p. 23Q9/66
     OJ No L 169, 10.07.1969, p. 3
 ---pagebreak---                                     - 2 -
Whereas there are rules on official seed control in Australia, Bulgaria,
Canada, Switzerland, Croatia, Czech Republic, Hungary, Israel, Morocco, New
Zealand, Poland, Rumania, Argentina, Chile, Slovak Republic, Slovenia,
Turkey, Uruguay, United States of America and South Africa; whereas these
rules provide for an official field inspection to be carried out during the
period of seed production;
Whereas the abovementioned rules provide in principle that basic seed and
certified seed may be officially certified and their packages officially
closed in accordance with the OECD schemes for the varietal certification
of seed moving in international trade; whereas, furthermore, such rules
provide for seed sampling and testing in accordance with the methods of the
International Seed Testing Association ("ISTA");
Whereas in the respective third countries an examination of these rules and
the manner in which they are applied has shown that the prescribed field
inspection of seed producing crops satisfy the relevant conditions laid
down in the abovementioned Directives; whereas the conditions governing
seed harvested and controlled in these countries afford the same assurances
as regards the seed's characteristics, the arrangements for its
examination, for ensuring identity, for marking and for control, as do the
conditions applicable to seed, harvested and controlled within the
Community;
Whereas Decision 85/355/EEC5, as last amended by Decision 95/20/EC6, which
established equivalence for field inspections in the abovementioned
countries and Decision 85/356/EEC7, as last amended by Decision 95/20/EC,
which established equivalences for seed produced in the abovementioned
countries, expire on 30 June 1995; whereas a new decision is therefore
necessary;
Whereas the OECD schemes for the varietal certification of seed moving in
international trade, upon which the present decision is based, may be
modified in the near future; whereas, in these circumstances, it appears
desirable to limit the continuation of the equivalence under this decision
to 18 months;
Whereas this decision is without prejudice to a possible renewal of the
equivalence in respect of Cyprus where seed production and field
inspections did not take place under Decisions 85/355/EEC and 85/356/EEC;
5
    OJ No L 195, 26.07.1985, p. 1
6
    OJ No L 28, 07.02.1995, p.11
7
    OJ No L 195, 26.07.1985, p. 20
 ---pagebreak---                                    - 3 -
Whereas this Decision does not preclude Community findings,being revoked
where the conditions on which they are baaed cease to be satisfied;
whereas, to this end, further practical information on seed produced in the
abovementioned countries should be obtained by growing and checking samples
of such seed in Community comparative tests;
Whereas certain provisions in this decision are subject to technical
change; whereas, to simplify the procedure for amending them, changes
should be dealt with under the procedure of the Standing Committee on Seeds
and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DECISION:
                                 Article 1
It is hereby declared that field inspections of seed producing crops of the
"certified seed" category, carried out in the countries and by the
Authorities listed in Part I of the Annex hereto, and in respect of the
group of species or species specified therein, satisfy the conditions laid
down in Part A of Annex I to Directive 66/400/EEC and in Annex I to
Directives 66/401/EEC, 66/402/EEC and 69/208/EEC in so far as the
conditions laid down in Part 11(A) of the Annex hereto are satisfied.
                                 Article 2
It is hereby also declared that where the conditions laid down in
Part 11(B) of the Annex hereto are satisfied respectively, seed of the
categories "basic seed" and "certified seed of the first generation"
harvested in the countries listed in Part 1 of the Annex and officially
controlled by the respective Authorities also listed in Part I of the Annex
and belonging to the group of species or species specified therein, is
equivalent to seed of the corresponding categories harvested within the
Community and complying with Directives 66/400/EEC, 66/401/EEC, 66/402/EEC
and 69/208/EEC.
 ---pagebreak---                                     - 4 -
                                  Article 3
1.  Seed which has not been officially certified by an Authority of the
    producer country is also equivalent within the meaning of Article 2 in
    so far as the following conditions are fulfilled:
    - the seed has been harvested in the Community and been subjected to
       the prescribed field inspection, and
       the seed has been officially certified by an Authority referred to
        in the Annex for the species concerned and belonging to the country
       where the seeds of the previous generation, which shall have been
       produced either in the Community or in that country, were
        officially certified.
2.  In accordance with the procedure laid down in Article 21 of Directives
    66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20 of Directive
    69/208/EEC and by derogation from the provisions of the first indent of
    paragraph 1 of this Article, equivalence may be granted to seeds
    harvested in certain specific third countries, on condition that such
    countries enjoy, under this Decision, equivalence of field inspections
    carried out in third countries and have been subject in those countries
    to the prescribed field inspection.
                                  Article 4
Where "re-labelling and re-fastening" as referred to in the OECD schemes
takes place within the Community, the provisions laid down in Directives
66/400/EEC, 66/401/EEC, 66/402/EEC and 69/208/EEC applicable to reclosing
of packages of seed produced within the Community shall apply mutatis
mutandis, without prejudice to the OECD rules applicable to such
operations. EC labels shall not be used for this purpose. In accordance
with the procedure provided for in Article 21 of Directives 66/400/EEC,
66/401/EEC and 66/402/EEC and in Article 20 of Directive 69/208/EEC, a
decision may be taken on the conditions under which exceptions to the
prohibition contained in the second sentence may be provided for.
 ---pagebreak---                                    - 5 -
                                 Article 5
Technical and administrative amendments to be made to Annex I, with
exception of those concerning column 1 in Part I thereof, shall be adopted
in accordance with the procedure laid down in Article 21 of Directives
66/400/EEC, 66/401/EEC, 66/402/EEC and in Article 20 of Directive
69/208/EEC.
                                 Article 6
This Decision shall apply from 1 July 1995 to 31 December 1996.
                                 Article 7
This Decision is addressed to the Member States.
Done at Brussels,                                     For the Council,
 ---pagebreak---                                - 6 -
                                                     ANNEX
                       *—»
                              PART I
               Countries, Authorities and Species
     Country                 Authority            Species referred
                                                  to in the
                                                  following
                                                  Directives
         1                        2                        3
Australia       Department of Primary Industries  66/401/EEC
                and Energy, Canberra              66/402/EEC -
                                                  except Sorghum
                                                  spp. and Zea mays
                                                  69/208/EEC
Bulgaria        Sortovi Semena I Posadatchen      66/400/EEC
                Materiel, Sofia                   66/401/EEC
                                                  66/402/EEC
                                                  69/208/EEC
Canada          Agriculture Canada, Ottawa        66/401/EEC
                                                  66/402/EEC
                                                  69/208/EEC
Switzerland     Eidgenossische Forschungsanstalt  66/401/EEC
                fiir Landwirtschaftlichen         66/402/EEC
                Pflanzenbau, Zurich               69/208/EEC
                Station Fédérale de Recherches
                Agronomiques, Nyon
Republic of     Ministry of Agriculture and       66/402/EEC -
Croatia         Forestry, Zagreb                  only in respect
                                                  of Zea mays
Czech Republic  Ministry of Agriculture, Praha    66/400/EEC
                                                  66/401/EEC
                                                  66/402/EEC
                                                  69/208/EEC
Hungary         Institute for Agricultural        66/400/EEC
                Quality Control, Budapest         66/401/EEC
                                                  66/402/EEC
                                                  69/208/EEC
 ---pagebreak---                                      - 7 -
        Country                    Authority            Species referred j
                                                        to in the
                                                        following         j
                                                        Directives
           1              2                                       3
                     . .
  Israel               Ministry of Agriculture, Bet-    66/401/EEC
                       Dagan                            66/402/EEC
                                                        69/208/EEC
  Morocco              Ministère de l'Agriculture et de 66/401/EEC        •
                       la Réforme Agraire, Rabat        66/402/EEC        !
                                                        69/208/EEC
  New Zealand          Ministry of Agriculture and      66/400/EEC        I
                       Fisheries, Wellington            66/401/EEC
                                                        66/402/EEC
                                                        69/208/EEC
•     ~~~       ~~~~—-  —       —        —      —        ~       —  —;- — j
  Poland               Ministère de l'Agriculture et de 66/400/EEC
                       l'Economie Alimentaire, Warszawa 66/401/EEC
                                                        676/402/EEC
                                                        (other than Zea
                                                        mays)
                                                        69/208/EEC
  Rumania              Ministère de l'Agriculture et de 66/400/EEC
                       l'Alimentation, Bucarest         66/401/EEC
                                                        66/402/EEC
                                                        69/208/EEC
  Argentina            Secretaria de Estado de          66/401/EEC
                       Agricultura y Ganaderia, Buenos  66/402/EEC
                       Aires                            69/208/EEC
            ,                          ,                   _____„       ,
  Chile                Ministerio de Agricultura,       66/400/EEC
                       Santiago                         66/401/EEC
                                                        66/402/EEC
                                                        69/208/EEC
  Slovak Republic      Central Control and Testing      66/400/EEC
                       Institute for Agriculture,       66/401/EEC
                       Bratislava                       66/402/EEC
                                                        69/208/EEC$
  Slovenia             Ministry of Agriculture and      66/402/EEC -
                       Forestry, Ljubljana              only in respect
                                                        of Zea mays
                           -*<*-
 ---pagebreak---                                - 8 -
     Country                 Authority             Species referred
                                                   to in the
                                                   following
                                                   Directives
        ' 1                      2                         3
Turkey           Ministry of Agriculture, Forestry 66/400/EEC
                 and Rural Affairs, Ankara         66/402/EEC
                                                   69/208/EEC
Uruguay          Ministerio de Ganaderia           66/401/EEC
                 Agricultura y Pesca, Montevideo   66/402/EEC -
                                                   only in respect
                                                   of Zea mays
                                                   69/208/EEC
United States of U.S. Department of Agriculture,   66/400/EEC
America          Beltsville, Maryland              66/401/EEC
                                                   66/402/EEC
                                                   69/208/EEC
South Africa     Department of Agriculture,        66/401/EEC
                 Pretoria                          66/402/EEC -
                                                   only in respect
                                                   of Zea mays and
                                                   Sorghum spp.
                                                   69/208/EEC
 ---pagebreak---                                   - 9 -
                                 PART II
A. Conditions relating to field inspections carried out in third countr_.ies
   on seed producing crops
   1. Field inspections shall be carried out in accordance with national
      rules for the application of the OECD schemes for the varietal
      certification of seed moving in international trade as follows:
           sugar beet seed and fodder beet seed, in the case of Beta
           vulgaris referred to in Directive 66/400/EEC;
      -    herbage and oil seed, in the case of the species referred to in
           Directives 66/401/EEC and 69/208/EEC;
           cereal seed, in the case of seed of the species referred to in
           Directive 66/402/EEC, other than Zea mays and Sorghum spp.;
      -    maize and sorghum seed, in the case of seed of Zea mays and
           Sorghum spp. referred to in Directive 66/402/EEC.
      Field inspections shall be carried out by the Authorities of the
      producing country listed in column 2 of the table in Part I of this
      Annex, or by any legal person charged exclusively with specific
      public functions, whether governed by public or private law, acting
      under the responsibility and supervision of such Authorities,
      provided that such person, and its members, have no personal
      interest in the outcome of the measures they take.
   2. Harvested seed shall be packed in officially closed packages which
      bear a special label provided for by the OECD for seed which is not
      finally certified; the label shall give the following additional
      information:
      -    reference number of the basic seed,
           name of the Member State which certified the basic seed.
   3. Harvested seed shall be accompanied by an official certificate
      giving the following information:
           area cultivated,
           quantity of seed,
           the attestation that the conditions that have to be satisfied
           by the crops from which the seed comes have been fulfilled.
 ---pagebreak---                                   - 10 -
   4. In the case of South Africa, the conditions laid down in the fourth
      indent of paragraph 1. is not applicable. In such case, field
      inspections shall be carried out in accordance with the national
      rules.
B. Conditions relating to seed produced in third countries
   1. Basic seed and certified seed shall be officially certified and its
      packages officially closed and marked in accordance with the OECD
      schemes for the varietal certification of seed moving in
      international trade specified below, and the seed lots shall be
      accompanied by the certificates required under those OECD schemes:
            sugar beet seed and fodder beet seed, in the case of seed of
            Beta vulgaris referred to in Directive 66/400/EEC,
            herbage and oil seed, in the case of the seed of the species
            referred to in Directives 66/401/EEC and 69/208/EEC,
            cereal seed, in the case of seed of the species referred to in
            Directive 66/402/EEC, other than Zea mays and Sorghum spp.,
      -     maize and sorghum seed in the case of Zea mays and Sorghum spp.
            referred to in Directive 66/402/EEC.
      Moreover, seed shall satisfy the conditions of Community rules
       other than those relating to varietal identity and varietal purity.
   2. Field inspections and examination of the conditions to be satisfied
       by the seed shall be carried out by Authorities listed in column 2
       of the table referred to in Part I of this Annex, or by any legal
       person charged exclusively with specific public functions; whether
       governed by public or by private law, acting under the
       responsibility of such Authorities, provided that such person, and
       its members, have no personal interest in the outcome of the
       measures they take.
 ---pagebreak--- 3. The conditions which seed shall satisfy in accordance with the
   second sentence of paragraph 1 are laid down in:
        Directive 66/400/EEC, Annex I.B
        Directive 66/401/EEC, Annex II
        Directive 66/402/EEC, Annex II
        Directive 69/208/EEC, Annex II.
   For the purpose of the examination to check whether the
   abovementioned conditions have been satisfied, samples shall be
   taken officially in accordance with the ISTA rules and their
   weights shall conform to the weight stipulated under such methods,
   taking into account those specified in:
        Directive 66/400/EEC, Annex II, second line,
   -    Directive 66/401/EEC, Annex III, columns 3 and 4,
        Directive 66/402/EEC, Annex III, columns 3 and 4,
        Directive 69/208/EEC, Annex III, columns 3 and 4.
   The examination shall be carried out officially in accordance with
   the rules established under the ISTA rules.
4. Seed shall satisfy the following additional conditions in respect
   of package marking:
   4.1  The following official information shall be given:
             in the case of certified seed, reference number of basic
             seed and name of the country where that seed vas
             officially certified,
             a statement that the seed satisfied the conditions of
             Community rules other than those relating to varietal
             identity and varietal purity: "the seed complies with EC
             rules and standards",
 ---pagebreak---                             - 12 -
         a statement that the seed has been samples and tested in
         accordance with current international methods: "Sampled
         and analyzed according to ISTA rules for orange or green
         certificates by .... (name or initials of the ISTA seed
         testing station)",
    -    date of official closing,
        where seed lots have been "relabelled and refastened"
        within the meaning of the OECD schemes, also a statement
         that this operation took place, the most recent date of
         reclosing and the Authorities responsible therefor,
         country of production,
    -    declared net or gross weight or declared number of pure
         seeds or, in the case of beet seed, clusters,
        where weight is indicated and granulated pesticides,
        pelleting substances or other solid additives are used,
        the nature of the additive and also the approximate ratio
        between the weight of pure seed and the total weight.
    This information may be given either on the OECD label or on an
    additional official label which shall give the name of the
    service and the country. Any suppliers' labels shall be drawn
    up in such a manner that they cannot be confused with the
    additional official label.
4.2 An official notice placed inside the package shall give at
    least the reference number of the lot, the species and the
    variety; in addition, in the case of beet seed, it shall be
    stated where appropriate whether the seed is monogerm or
    precision seed.
    This notice is not necessary if the minimum information is
    printed indelibly on the package or if an adhesive label or a
    label of non-tear material is used.
 ---pagebreak---                                  - 13 -
     4.3 Any chemical treatment of the seed and the active substance
          shall be noted either on the official label or on a special
          label as well as on the container or inside it.
     4.4  All information required for official labels, for official
          notices and for packages shall be given in at least one of the
          official languages of the European Communities.
  5. The seed lots shall be accompanied by an orange or green ISTA
     certificate giving the information relating to the conditions in
     point 3. above.
  6. In the case of basic seed of varieties which are exclusively
     maintained within the Community, the seed of the preceding
     generations shall have been produced within the Community.
     In the case of basic seed of other varieties, the seed of the
     preceding generations shall have been produced under the
     responsibility of the persons responsible for the maintenance
     breeding, referred to in the Common Catalogue of Varieties of
     Agricultural Plant Species or, where the variety is not yet listed
     there, in the National Catalogue of the Member State of admission,
     either within the Community or in a third country which has been
     granted, under Decision 92/420/EEC8, the equivalence of checks on
     practices for the maintenance of varieties carried out in third
     countries.
     In the case of basic seed of hybrid varieties, the seed of the
     preceding generation may also have been produced, under the
     responsibility of the above person, in a third country where the
     variety components are maintained.
  7. In the case of certified seed of the first generation, the basic
     seed from which it is derived shall have been produced and
     officially controlled and certified
8 OJ No L 231, 13.08.1992, p. 22
 ---pagebreak---                                - 14 -
   -    either within the Community, or
   -    in a third country which has been granted equivalence under
        this Decision for the production of basic seed of the specie s
        concerned, provided that it has been produced from seed
        produced in accordance with point 6.
8. In the case of the United States of America, by way of derogation
   from paragraph 4.1, third indent and paragraph 5. above, sampling,
   testing and issue of seed analysis certificate may be carried out
   by Official Seed Testing State Laboratories according to the rules
   of the Association of Official Seed Analysis (AOSA) applicable to
   lot inspection. In this case:
        the following statement shall be given under paragraph 4.1:
        "Sampled and analyzed according to AOSA by      " (name or
        initials of the Official Seed Testing State Laboratory), and
        the certificates required under paragraph 5. shall be the Lot
        Inspection Certificate issued by the Official Seed Testing
        Laboratory under the authority of the State Seed Testing
        Agency.
   Specific cases in which this derogation shall not apply may be
   defined in accordance with the procedure laid down in Article 21 of
   Directives 66/400/EEC, 66/401/EEC and 66/402/EEC and in Article 20
   of Directive 69/208/EEC.
9. In the case of South Africa, the condition laid down in the fourth
   indent of paragraph 1. is not applicable. In such case the seed
   shall be officially certified and its packages closed in accordance
   with national rules.
 ---pagebreak---                             - 15 -
An official label shall give at least the following information,
without prejudice to those laid down in point 4.1 above,
     certification service and country,
-    reference number of the lot,
     where seed lots have been relabelled and refastened, also a
     statement that this operation took place, the most recent date
     of reclosing and the authorities responsible therefor,
     species,
-    variety,
     in the case of hybrids:
     =    for seed of the category "basic seed": inbred line or
         hybrid,
     =    for seed of the category "certified seed": type of hybrid
         and, where basic seed has not been certified within the
         Community, a statement that the basic seed has been
         officially examined,
     country of production.,
     The colour of the label shall be:
     -   white for basic seed,
     -    blue for certified seed.
                            ******
 ---pagebreak---  ---pagebreak---                                           ylt
                                                                    ISSN 0254-1475
                                                             COM(95) 258 final
                                              DOCUMENTS
EN                                                                         03 11
                                     Catalogue number : CB-CO-95-280-EN-C
                                                              ISBN 92-77-90316-3
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