CELEX: 51975PC0521
Language: en
Date: 1975-10-23
Title: Proposal for a Council Directive amending the Directives (66/403/EEC) and (70/458/EEC) on the marketing of seed potatoes and vegetable seed. (submitted to the Council by the Commission)

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                                                        COM(75)521    final
                                                        Brussels . 23 October 1975
                                                  1 .
                            Proposai for a
                                                ■  ■
             Council Directive amending the Directives 'i
            (66/403/EEC) and (70/458/EEO on the marketing
             of seed potatoes and vegetable seed *
             (submitted to the Council by the Commission)
   COM(75 ) 521 final
 ---pagebreak---                             Errplanatory Mémorandum
1 . During its examination of the proposal for a Council Directive on
     measures to be taken against the introduction into Member States of
     organisms harmful to plants , the Working Party on Agricultural Questions
    was faced with certain difficulties when it tackled the problem of
    intra-community trade in seed potatoes . It then appeared that a slight
    amendment to the Council Directive 66/403/feEC of 14 June 1966 , which
    deals essentially with plant health measures , might facilitate the
    resolution of this problem . It is consequently proposed to extend the
    scope of the national protection measures provided for in Article 13
    paragraph 2 .
2 . In accordance with the provisions of the Directives on seeds and
    agricultural propagating material , the Council , on a proposal from the
    Commission , may determine whether the field inspections carried out in
    third countries as well as seed and propagating material produced in
    third countries are equivalent to the official inspections and to the
    seeds and propagating material of the Community . Is the extent that
    the Council has not determined such equi valences , Member States may
    continue to make such decisions at national level until 1 July 1975 *
    However , this time limit has had to be put back to 1 July 1977 for
    fodder plant seed and seed of oil and fibre plants . In effect , the
    examinations necessary to grant equivalence to certain third countries
    had not been completed and it seemed desirable not to disrupt will
    established commercial relations . It has not yet been possible to postpone
    the time limit for vegetable seed and this proposal therefore seeks to
    fill this gap .
    An analogous situation exists moreover for seed potatoes j however in
    this case , it seems sufficient that Member States should simply be
    authorized to extend by one year the validity of the national equiva­
    lences which they have granted in respect of certain third countries .
 ---pagebreak---                                                                 ?^9/VI/:5-E
Draft Council Directive of                            amending Directives     No
( 66 /403/EECi _ and j ( 70/^5?/EEC ) on . tte marketing of. .seed potatoes and
vegetable : seed .       ■    ' ■             •                    ...
                       •   '              '     • . -   ' •      v        •
THE COUNCIL . OF THE EUROPEAN^ COMMUNITIES ,
Having' regard to the Treaty - establishing the European Economic - Community ,
and in particular ' Articles kj>        '          thereof ; ■              •
Having regard to the proposal from the Commission ;
Having regard to the - Opinion of the European Perliament ; .                 . .
Having regard to the Opinion of the Economic and Social Committee ;
Whereas for the reasons stated hereafter certain provisions of the
Directives ; on . the marketing of seed potatoes and vegetable a pee.ds should
be ©.mended \ .    . . :■ • .                                                 ...
Whereas . the Directive on the marketing of seed potatoes is concerned
with the health value of potatoes and whereas it is a plant ' health
measure in that it lays down maximum values for certain disease" vectors ;
Whereas Member States endeavour to keep certain areas free of viruses
and bacteria in order to guarantee, the health of their potatoes ; .
Whereas this Directive will improve' their ability to protect these
areas :
 ---pagebreak---                                       _ 2 _              3359/VI/75-E
Whereas the abovementioned Directives provide that after 30 June and
1 July 1975 respectively the Member States may not longer determine of
their own authority , whether inspections and controls carried out in
third countries areof equal value ; whereas , however , because the
examinations leading to       a Community determination of equal values are
not yet completed in the case of vegetables the said time limit should be
extended for a short period and in the case of seed potatoes , Member
States should be given the right to extend the validity of the decisions
which they have already taken in order to avoid disturbing their
traditional trade relations ,
HAS ADCPTED THIS DIRECTIVE :
                                     Article 1
Council Directive of 14 June 1966 on the marketing of seed potatoes ( 1 );
as last amended by Directive No ?l>/ 'ikk/EEC ( 2 ), is be amended as
followe ;
lo Article 13 ( 2 ) is amended to read as follows :
     " 2 = The Commission , acting in accordance with the procedure laid
           down in Article 19 shall , in respect of the marketing of seed
           potatoes in all or part of the territory of one or more Member States
           authorize more stringent measures than those provided for in Annex I
           to be taken particular virus or bacterial diseases which do not
           exist either at all or only to an insignificant ex'teirt in those
           regions or which appear particularly harmful to crops in those
           regions . Where there is imminent danger of the introduction or
           spread of such virus or bacteria , and until such time as the
           Commission has given a final ruling on , the matter , such measures may
           be taken by the Member State concerned as soon as its request has
           been submitted ".
2 . The following paragraph is added to Article 15 •
     " 2a . The Member States shall be authorized to extend until 1 July 1976
            the validity of their decisions taken under paragraph 2 in their
            territory up to 1 July 1975 in relation to certain third
            countries " <■
( 1 ) O.J. No 125 of V7/1966 , p. 2320/66
( 2 ) O.J. No L 196 of 26/7/1975 , p. 6
 ---pagebreak---                                                             ^25?,. - '75-E
                                     Article 2
In Article ~$Z ( 2 ) of Council Directive No 70/^5o/EEC ( 3) of 29 September
1970 on the marketing of vegetable seed ( 3 )» as last amended lay Directive
( 73A38/EEC ) ( 4)',' for "30" June 1975 " read "30 June 1977 ".        ' ' •
                                    Article 3
Member States shall bring into force the necessary laws , regulations
and administrative provisions to complyt
a ) with Articles 1 ( 2 ) and 2 to have effect from 30 June 197^»
b ) with Article 1 ( 1 ) by 'l July 1976 at the latest .
                                                         J
They shall forthwith inform the Commission thereof .
                                    Article 4 .        ,
This Directive is addressed to the Member States .
( 3 ) O.J. No . L 225 of 12.10.1970 , p. 7
( 4 ) O.J. No . L 356 of 27.12.1973 , p. 79