Council Regulation (EC) No 1947/2005 of  23 November 2005  on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71 and (EEC) No 1674/72

29.11.2005 EN Official Journal of the European Union L 312/3
COUNCIL REGULATION (EC) No 1947/2005
of 23 November 2005
on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71 and (EEC) No 1674/72
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 36 and the third subparagraph of Article 37(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Whereas:
(1) The operation and development of the common market in agricultural products should be accompanied by the establishment of a common agricultural policy to include, in particular, a common organisation of the agricultural markets which may take various forms depending on the product concerned.
(2) Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organisation of the market in seeds (3) has been substantially amended several times, particularly by Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (4). In the interests of clarity, Regulation (EEC) No 2358/71 should be repealed and replaced by a new Regulation.
(3) The provisions of Council Regulation (EEC) No 1674/72 of 2 August 1972 laying down general rules for granting and financing aid for seed (5) were incorporated into the implementing rules in Chapter 10 of Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials (6). Regulation (EEC) No 1674/72 should therefore be repealed.
(4) In order to monitor the volume of trade in seeds with third countries, provision should be made for an import licence scheme with the lodging of a security to ensure that the transactions for which such licences are requested are effected.
(5) The system of customs duties makes it possible to dispense with all other protective measures in the case of goods imported from third countries.
(6) The internal market and customs duty mechanism could, in exceptional circumstances, prove inadequate. In such cases, in order not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. Those measures should comply with the Community’s international obligations.
(7) The proper working of the internal market in seeds would be jeopardised by the granting of national aid. The provisions of the Treaty governing State aid should, therefore, apply to the products covered by this common market organisation. However, since accession, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions.
(8) Since the common market in seeds is constantly evolving, the Member States and the Commission should keep each other supplied with information relevant to developments in this area.
(9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7),