CELEX: 51997PC0370
Language: en
Date: 1997-07-17
Title: Proposal for a Council Decision on the equivalence of checks on practices for the maintenance of varieties carried out in third countries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            Brussels, 17.07.1997
                                            COM(97)370 final
                             Proposal for a
                        COUNCIL DECISION
on the equivalence of checks on practices for the maintenance of v a r i e t i e s
                      carried out in third countries
                    (presented by the Commission)
 ---pagebreak---  ---pagebreak---                       EXPLANATORY MEMORANDUM
Directive 70/457/EEC on the common catalogue of varieties of agricultural
plant species and 70/458/EEC 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 a third country afford the same
assurance as those carried out by the Member States.
By Decision 92/420/EEC the Council determined that the checks on practices
for the maintenance of varieties in certain third countries afforded the
same assurance as those carried out by the Member States. That Decision
will expire on 30 June 1997.
The present proposal renews the equivalence until 30 June 2002 for all the
third countries referred to in Decision 92/420/EEC, with the exception of
the Republic of Bosnia and Herzegovina as no varieties of Community
interest are maintained there. In the case of the Federal Republic of
Yugoslavia and the Republic of Korea the renewal only extends until
30 June 1999, as further information is awaited from those countries.
There are no subsidiarity implications given that the proposal is based on
Article 21 of Directive 70/457/EEC and Article 32 of Directive 70/458/EEC,
both of which Directives were adopted under Article 43 of the Treaty on the
European Community.
 ---pagebreak---                        Proposal for a Council Decision
                                      of
 on the equivalence of checks on practices for the maintenance of varieties
                        carried out in third countries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 70/457/EEC of 29 September 1970 on the
common catalogue of varieties of agricultural plant species1, and in
particular Article 21(1)(b) thereof,
Having regard to Council Directive 70/458/EEC of 29 September 1970 on the
marketing of vegetable seed2, and in particular Article 32(1) (b) thereof,
Having regard to the proposal from the Commission,
Whereas, by Decision 92/420/EEC3, the Council noted 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; whereas the said Decision expires on 30 June 1997;
Whereas it appears that the abovementioned official checks carried out in
the third countries referred to in Decision 92/420/EEC, without prejudice
to the fact that the former "Czech and Slovak Federal Republic" was
replaced by the "Czech Republic" and the "Slovak Republic", continue to
afford the same guarantees as those carried out by the Member States;
Whereas, in the case of the Republic of Korea, covered by the above
mentioned Decision, additional information has been requested; whereas
additional information has also been requested from the Federal Republic of
Yugoslavia;
       OJ No L 225, 12.10.1970, p. 1, Directive as last amended by the Act
     of Accession of Austria, Finland and Sweden
       OJ No L 225, 12.10.1970, p. 7, Directive as last amended by Directive
     96/7/EC (OJ No L 304, 22.11.1996, p. 10)
       OJ No L 231, 13.08.1992, p. 22
                                      3
 ---pagebreak--- Whereas it is therefore appropriate, in the case of these countries, to
grant a shorter period of equivalence to allow time for this information to
be supplied and assessed;
Whereas, in the case of certain countries, an examination of the conditions
under which official checks on practices for the maintenance of varieties
of additional species has shown that these checks afford the same
guarantees as those carried out by the Member States;
Whereas the equivalence granted to such countries should be extended to
these additional species;
Whereas it appears pointless to continue the equivalence previously granted
in respect of the Republic of Bosnia and Herzegovina as no varieties of
Community interest are maintained there;
Whereas this Decision in no way prevents 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; whereas, to this end, further practical information on seed
of the varieties being maintained in the abovementioned countries should
also be obtained when carrying out Community comparative tests;
Whereas certain of the technical and administrative provisions in the Annex
may be subject to frequent adjustment; whereas, in order to simplify the
procedure which at present governs amendments to the Annex, recourse should
be had to 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 noted that the official checks on practices for the
maintenance of varieties carried out in the countries by the authorities
 listed in the Annex for the species covered by the Council Directives
 listed therein and concerning the said countries afford the same guarantees
 as those carried out by the Member States.
                                     <*
 ---pagebreak---                                  Article 2
The technical and administrative adjustments to be made to the Annex, with
the exception of those concerning column 1 of the table, shall be adopted
in accordance with the procedure laid down in Article 23 of Directive
70/457/EEC and in Article 40 of Directive 70/458/EEC.
                                 Article 3
This Decision shall apply from 1 July 1997 to 30 June 1999 in the case of
the Republic of Korea and the Federal Republic of Yugoslavia and from
1 July 1997 to 30 June 2002 in the case of the other third countries listed
in the Annex.
                                 Article 4
This Decision is addressed to the Member States.
Done at Brussels,                                For the Council,
                                  • S
 ---pagebreak---                                 LEGEND
Column A:  Country:
AR         = Argentina
AU         = Australia
BG         = Bulgaria
CA         = Canada
CH         = Suisse
CL         = Chile
CZ         = Czech Republic
HR         = Republic of Croatia
HU         = Hungary
IL         = Israel
JP         = Japan
KR         = Republic of Korea
MA         = Marocco
NZ         = New Zealand
 PL        = Poland
RO         = Romania
 SI        = Republic of Slovenia
 SK        = Slovak Republic
 TW        = Taiwan
US         = United States of America
 UY        = Uruguay
 YU         = Federal Republic of Yugoslavia
 ZA         = South Africa
 Column B: Authority responsible for carrying out checks
 Column C:  EEC Directive(s)
 ---pagebreak---                                  AJflfEX
    Ministerio de Economia y Obras y Servicios Publicos        66/400
    Secretaria de Agricultura, Ganaderia y Pesca               66/401
    Instituto Nacional de Semillas                             66/402
    Buenos Aires                                               69/208
AU  Commonwealth Department of Primary Industries and Energy   66/401
    Canberra                                                   69/208
                                                               70/458
BG  Semena i Possadchen Material                               66/400
    Sofia                                                      66/401
                                                               66/402
                                                               69/208
                                                               70/458
CA  Plant Products Division                                     66/400
    Division des Produits végétaux                              66/401
    Nepean, Ontario                                             66/402
                                                                69/208
CH  Eidgenossische Forschungsanstalt fur                        66/400
    Landwirtschaftlichen Pflanzenbau                            66/401
    Reckenholz                                                  66/402
    Zurich                                                      69/208
    Station Fédérale de Recherches en Production Végétale de    70/458
    Changins (RAC)
    Nyon
 CL  Servicio Agricola y Ganadero                               66/400
     Departamento de Semillas                                   66/401
     Santiago                                                   66/402
                                                                69/208
 CZ Ustredni kontrolni a zkusebni ustav zemedelsky v Brne       66/400
    Odbor osiva a sadby Praha                                   66/401
    Central Institute for Supervising and Testing in            66/402
    Agriculture                                                 69/208
     Department of seed testing                                 70/458
     Praha
 HR  Be Institute for Breeding and Production of Field Crops,  66/400
     Zagreb                                                    66/401
                                                               66/402
                                                               69/208
 HU  Orszagos                                                   66/400
    Mezogazdasagi Minosito Intézet                              66/401
     National Institute for Agricultural Quality Control        66/402
     1024 Budapest                                              69/208
     Budapest                                                   70/458
 KR  Ministry of Agriculture, Forestry & Fisheries              70/458
     Vegetables Div.
     Seoul
 MA  Ministère de l'Agriculture et de la Mise en Valeur       j 66/401
     Agricole                                                   66/402
     Direction de la Protection des Végétaux des Contrôles      69/208
     Techniques et de la Repression des Fraudes                 70/458
                                f
 ---pagebreak---      Ministry of Agriculture
     Te Manatu Ahuwhenua Aotearoa
     MAF Regulatory Authority
     Wellington
PL   Inspekcja Nasienna                                      66/400
     Centralny Inspektorat                                   66/401
     Seed Inspection Service                                 66/402
     General Inspectorate                                    69/208
     Warszawa                                                70/458
RO   Ministry of Agriculture and Food                        69/208
     Control and Inspections Department
     Bucharest
SI   Kmetijski Institut Slovenije                            66/400
     Agricultural Institute of Slovenia                      66/401
     Ljubljana                                               66/402
                                                             69/208
SK  I Ustredny Kontrolny a Skusobny Ustav Polnohospodarsky   66/400
     Bratislava                                              66/401
                                                             66/402
                                                             69/208
                                                             70/458
TW   Council of Agriculture, Food and Agriculture Department 70/458
     Taipei
US   United States Department of Agriculture                 66/400
     Agricultural Research Service                           66/401
     Beltsville, Maryland                                    66/402
                                                             69/208
                                                             70/458
UY   Ministerio de Ganaderia, Agricultura y Pesca            66/400
      Direccion General de Servicios Agronomicos             66/401
      Direccion Granos                                       66/402
      Unidad Ejecutora de Semillas                            69/208
     Montevideo
YU    Savezno Ministarstvo za Poljoprivredu                  66/402
      Federal Ministry of Agriculture
      Beograd
 ZA   Department of Agriculture                               66/401
      Directorate of Plant and Quality Control                66/402
      Pretoria                                                69/208
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 370 final
                                              DOCUMENTS
EN                                                                03 11 02
                                    Catalogue number : CB-CO-97-363-EN-C
                                                             ISBN 92-78-22741-2
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