CELEX: 31974D0348
Language: en
Date: 1974-06-27 00:00:00
Title: Third Council Decision of 27 June 1974 on the equivalence of field inspections carried out in third countries on seed-producing crops

15 . 7. 74                              Official Journal of the European Communities                             No L 191 / 11
                                                  THIRD COUNCIL DECISION
                                                         of 27 June 1974
                             on the equivalence of field inspections carried out in third countries on
                                                       seed-producing crops
                                                           (74/348/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            review has established that the prescribed field
                                                                     inspections satisfy the conditions laid down in Annex I
                                                                     to the abovementioned Directives ;
Having regard to the Treaty establishing the
European Economic Community;
                                                                     Whereas this Decision does not preclude Community
Having regard to Council Directive No                                determinations being revoked or extension of the
66/400/EEC (*) of 14 June 1966 on the marketing of                   period of their validity being refused, when the
beet seed, as last amended by Directive No                           conditions on which they are based are not or cease
73/438/EEC (2), and in particular Article 16 ( 1 ) (a)               to be satisfied; whereas, to this end, further practical
thereof;                                                             information on seed produced in the abovementioned
                                                                     countries should be obtained by growing and
                                                                     checking samples of such seed in comparative
Having regard to Council Directive No                                Community tests;
66/401 /EEC (3) of 14 June 1966, on the marketing of
fodder plant seed, as last amended by Directive No
73/438/EEC, and in particular Article 16 ( 1 ) (a)                   Whereas, on 5 October 1973, the Council of the
thereof;                                                             Organization for Economic Cooperation and
                                                                     Development (OECD ) extended the scope of its
Having regard to Council Directive No                                present scheme for the varietal certification of
66/402/EEC (4) of 14 June 1966 on the marketing of                   herbage seed moving in international trade to include
cereal seed, as last amended by Directive No                         certain crucifers and oil plants ; whereas since this
73/438/EEC, and in particular Article 16 (1 ) (a)                    scheme will henceforth apply to swede, fodder kale
thereof;                                                             and fodder radish species and to oil and fibre plants
                                                                     covered by Community Directives, it is appropriate
                                                                     to amend the special conditions laid down by the
Having regard to                  Council Directive No               Council Decisions declaring equivalences;
69/208/EEC (5) of 30 June 1969 on the marketing of
seed of oil and fibre plants, as last amended by
Directive No 73/438/EEC, and in particular Article                  Whereas a further amendment is necessary owing to
15 ( 1 ) (a) thereof;                                                a transfer of powers within a national authority
                                                                     responsible for official seed control,
Having regard to the proposal from the Commission;
Whereas there are rules on seed control in Australia,
Czechoslovakia, New Zealand, Spain, Switzerland,                     HAS ADOPTED THIS DECISION:
the United States and Yugoslavia ; whereas these
rules provide for official field inspection to be carried
out during the period of seed production;
                                                                                              Article 1
Whereas these rules and the manner in which they
                                                                     It is hereby determined that, where the special
are applied have been reviewed and whereas this                      conditions laid down in the Annex to this Decision
                                                                     are satisfied, field inspections of crops producing seed
                                                                     of the 'certified seed' category carried out in the
(!)  OJ  No  125 , 11 . 7. 1966, p . 2290/66.                        countries and by the authorities listed in the said
(*)  OJ  No  L 356, 27. 12. 1973, p. 79.                             Annex and in respect of the species specified therein
(3)  OJ  No   125 , 11 . 7. 1966, p. 2298/66.                        satisfy the conditions laid down in Annex I to
(4 ) OJ  No   125, 11 . 7. 1966, p . 2309/66.                        Directive No 66/400/EEC, 66/401/EEC, 66/402/EEC
(5)  OJ  No  L 169, 10. 7. 1969, p. 3.                               or 69/208/EEC.
 ---pagebreak--- No L 191 / 12                       Official Journal of the European Communities                               15 . 7. 74
                          Article 2                                                     Article 4
The        Annex    to   First   Council   Decision    No     1.     Article 1 shall apply until 30 June 1976:
72/292/EEC (*) of 20 July 1972 on the equivalence of
field inspections carried out in third countries on           — from 1 July 1973, for swede, fodder kale, fodder
seed-producing crops, shall be amended as follows:                radish and cereal species ;
                                                              — from 1 July 1974, for the other species.
1 . Under reference numbers 1 , 6, 10, 12 and 13 the
    figure '2' which appears in column 5 in respect of
    'swede cabbage', 'fodder kale', 'fodder radish' and       2. Article 2, point 1 and Article 3 shall apply to
    'oil and fibre plants' shall be replaced by the figure    seed-producing crops harvested on and after 1 July
    ' 1 '.                                                    1975. These provisions may also be applied to some
                                                              seed-producing crops harvested prior to the
                                                               abovementioned date.
2. Under reference number 12, the words 'Ministerul
    Agriculturii si Silviculturii, Bucuresti', which
    appear in column 3, shall be replaced by the              3 . Article 2, point 2 shall apply as from 1
    words        'Ministerul    Agriculturii,   Industrici    September 1972.
    Alimentare, Silviculturii §i Apelor — Inspectia de
    stat pentru calitatea semintelor si materialului          4.      Article 2, point 3 shall apply as from 1 January
    săditor'.                                                  1973 .
3 . Under point 4 of the 'Special conditions', the
     words 'or in English' shall be deleted.
                                                                                        Article 5
                                                              This Decision is addressed to the Member States.
                          Article 3
The        Annex   to   Second    Council   Decision   No
73 / 86/EEC (2) of 26 March 1973 on the equivalence
of field inspections carried out in third countries on         Done at Luxembourg, 27 June 1974.
 seed-producing crops, shall be amended as follows :
Under reference numbers 2, 4 and 6, the figure '2'                                                 For the Council
 which appears in column 5 in respect of 'swede                                                     The President
 cabbage', 'fodder kale', 'fodder radish' and 'oil and
 fibre plants' shall be replaced by the figure ' 1 '.                                               K. GSCHEIDLE
 H OJ No L 186, 16. 8 . 1972, p. 22.
 (2) OJ No L 106, 20. 4. 1973, p. 18 .
 ---pagebreak---   15 . 7. 74                                    Official Journal of the European Communities                           No L 191 / 13
                                                                          ANNEX
    Ref.                                                                                                                   Special
    No            Country                            Authority                                  Species                  conditions
      1              2                                   3                                         4                          5
     1         Australia           Department of Primary Industries ,           Fodder kale                            1 or 2 H ;
                                   Canberra                                                                           3, 4,5
     2         Yugoslavia         — Institut za poljoprivredna istrazi­
                                       vanja (Institute of Agricultural
                                       Research), Novi Sad
                                  — Zavod za krmno bilje (Animal
                                       Feedingstuffs, Research Station),
                                       Kruševač
                                  — Institut za poljoprivredna istrazi­
                                       vanja (Institute of Agricultural)
                                       Research), Sarajevo
                                                                                — Fodder kale, fodder radish          1 or 2 H ;
                                  — Institut za oplemenjivanje i proiz­                                               3, 4,5
                                      vodnju bilja poljoprivrednog fa­          — Oil and fibre plants (turnip rape,  1 , h 4, 5
                                       kulteta (University Institute for           swede rape)
                                      Plant Improvement and Produc­
                                      tion), Zagreb
                                  — Poljoprivredni institut (Agricul­
                                      tural Institute), Osijek
                                  — Kemetijski institut Slovenije (Slove­
                                      nian Agricultural Institute), Ljublj­
                                      ana
                                  — Zemjodelski institut (Agricultural
                                      Institute), Skopje
     3        New                 Department of Agriculture                     Fodder kale                           1 or 2 H ;
              Zealand                                                                                                 3 , 4,5
    4         Switzer­            — Station fédéral de recherches agro­
              land                    nomiques, Lausanne                        Cereals, except canary grass, maize   1 , 3 , 4, 5
                                  — Eidgenössische           Landwirtschaft­    and rice
                                      liche Forschungsanstalt Zürich
    5         Spain                                                             — Beet                                1, 3, 5, 6
                                                                                — Cereals, except rye, canary grass,  1 , 3 , 4, 5
                                                                                   maize and rice
                                  Instituto Nacional de Semillas y
                                  Plantas de Vivero , Madrid                    — Swede, fodder kale, fodder radish   1 or 2 H ;
                                                                                                                      3 , 4, 5
                                                                                — Oil and fibre plants (swede rape,   1 , 3 , 4, 5
                                                                                   sunflower, soya beans)
    6         Czecho­                                                           — Beet                                1 , 3 , 5, 6
              slovakia
                                  Ústředni Kontrolni a zkušebni ústav           — Grass and legume species subject    1 , 3 , 4, 5
                                                                                   to national rules on varietal con­
                                  zemědĕlský, Praha                                trol
                                                                                — Oil and fibre plants (sunflower)    1 , 3 , 4, 5
(*) Solely in the case of seed-producing crops harvested before 1 July 1975.
 ---pagebreak--- No L 191 / 14                                Official Journal of the European Communities                                   15 . 7. 74
  Ref.
                Country                             Authority                                Species                    Special
   No                                                                                                                 conditions
    1               2                                   3                                      4                            5
   7         United              — Alabama Crop Improvement As- '
             States                  sociation, Inc.
             of America
                                 — Alaska Crop Improvement As­
                                     sociation
                                 — Arizona Crop Improvement As­
                                     sociation
                                 — Arkansas State Plant Board , Div­
                                     ision of Seed Certification
                                  — California Crop Improvement As­
                                      sociation
                                 — Colorado Seed Growers' Associ­
                                      ation
                                  — Delaware Crop Improvement As­
                                      sociation
                                  — Florida Department of Agriculture
                                  — Georgia Crop Improvement As­
                                      sociation, Inc.
                                  — Idaho       Crop     Improvement As­
                                      sociation Inc.
                                  — Illinois Crop Improvement As­
                                      sociation, Inc.
                                  — Indiana Crop Improvement As­              — Sugar beet                          1 , 3 , 5, 6
                                      sociation, Inc.
                                                                              — Cereals, except canary grass and    1 , 3 , 4, 5
                                  — Iowa Crop Improvement Associ­               maize
                                      ation
                                                                              — Swede, fodder kale, fodder radish   1 or 2 Π ;
                                                                                                                    3 , 4,5
                                  — Kansas Crop Improvement As­
                                      sociation                                                                     1 , 3 , 4, 5
                                                                              — Oil and fibre plants subject to na­
                                                                                tional rules on varietal control
                                  — Kentucky Seed Improvement As­
                                      sociation
                                  — Louisiana Department of Agricul­
                                      ture, Division of Entomology
                                  — Maine Department of Agriculture,
                                      Division of Plant Industry
                                  — Maryland State Board of Agricul­
                                      ture, Department of Agronomy
                                  — Michigan Crop Improvement As­
                                      sociation
                                  — Minnesota Crop Improvement As­
                                      sociation
                                  — Mississippi Seed Improvement As­
                                      sociation
                                  — Missouri Seed Improvement As­
                                      sociation
                                  — Montana Seed Growers' Associ­
                                      ation
                                  — Nebraska Crop Improvement As­
                                      sociation
                                  — Nevada Department of Agricul­
                                      ture, Division of Plant Industry .
(*) Solely in the case of seed-producing crops harvested before 1 July 1975 .
 ---pagebreak--- 15 . 7. 74                                     Official Journal of the European Communities                            No L 191 / 1.5
  Ref.                                                                                                                     Special
   No            Country                            Authority                                   Species                  conditions
    1               2                                   3                                          4                           5
    7        United               — New Jersey Department of Agri­
             States                   culture, Division of Plant Industry
             of
             America              — New Mexico Crop Improvement
             (cont'd)                 Association
                                  — New York            Seed Improvement
                                      Coop. , Inc.
                                  — North Carolina Crop Improve­
                                      ment Association Inc.
                                  — North Dakota State Seed Depart­
                                      ment
                                  — Ohio rSeed           Improvement          As­
                                      sociation
                                  — Oklahoma Crop^Improvement As­
                                      sociation
                                  — Oregon State University, Exten­
                                      sion Service,
                                  — Pennsylvania State Department of
                                      Agriculture, Bureau of Plant In­
                                      dustry
                                  — South Carolina Crop Improve­                  — Sugar beet                         1 , 3 , 5, 6
                                      ment Association
                                                                                  — Cereals, except canary grass and   1 , 3 , 4, 5
                                  — South Dakota Crop Improvement                   maize
                                      Association
                                                                                  — Swede, fodder kale, fodder radish  1 or 2 H ;
                                                                                                                       3 , 4,5
                                  — Tennessee Crop Improvement As­
                                      sociation                                   — Oil and fibre plants subject to    1 , 3 , 4, 5
                                                                                    national rules on varietal control
                                   — Texas Department of Agriculture
                                   — Utah Crop Improvement Associ­
                                       ation
                                   — Utah       Agricultural       Experiment
                                       Station
                                   — Vermont Department of Agricul­
                                       ture
                                   — Virginia Crop Improvement As­
                                       sociation
                                   — Washington State Crop Improve­
                                       ment Association Inc.
                                   — Washington State Department of
                                       Agriculture, Seed Branch
                                   — West Virginia Associated Crop
                                       Growers' Association
                                   — Wisconsin Crop Improvement As­
                                       sociation
                                   — Wyoming Seed Certification Ser­
                                       vice
 (*) Solely in the case of seed-producing crops harvested before 1 July 1975.
 ---pagebreak--- No L 191 / 16                       Official Journal of the European Communities                             15 . 7. 74
                                                       Special conditions
             1. Field inspection shall be carried out in accordance with national rules for the application
                 of the scheme for the varietal certification of seed moving in international trade of the
                 Organization for Economic Cooperation and Development (OECD).
             2. Field inspection shall be carried out in accordance with national rules for the varietal
                 control of seed.
             3 . Field inspection shall be carried out by State authorities or by any legal person, whether
                 governed by public or by private law, acting under the responsibility of such authorities,
                 provided that such person derives no private gain from the result of the inspection.
              4. Harvested seed shall be packed in officially sealed packages which bear an official label
                 giving the following information:
                 (a) authority responsible and country,
                 (b) species,
                 (c) variety,
                 (d) reference number of the basic seed and name of the Member State which certified the
                     seed,
                 (e) reference number of the lot,
                 (f) declared net or gross weight,
                 (g) the words 'non-certified seed'.
                 All information shall be given in at least one of the official languages of the European
                 Communities.
              5. An official notice shall give the following information:
                 — area cultivated,
                 — quantity of harvested seed,
                 — an attestation that the crops from which the seed comes have satisfied an official field
                     inspection.
              6. Harvested seed shall be packed in an officially sealed package bearing the special label
                 prescribed by the OECD for seed which has not been finally certified: this label shall give
                 the following additional information:
                 — reference number of the basic seed,
                 — name of the Member State which certified the seed.