COUNCIL DECISION of 29 November 1995 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 (95/514/EC)
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 seed  (1),  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 seed   (2), and in particular Article 16 (1) thereof,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed  (3),  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 plants  (4), and in particular Article 15 (1) thereof,
Having regard to the proposal from the Commission,
Whereas there are rules on official seed control in Australia, Bulgaria, Canada, Switzerland,  Croatia, the Czech Republic, Hungary, Israel, Morocco, New Zealand, Poland, Romania, Argentina,  Chile, Slovakia, Slovenia, Turkey, Uruguay, the 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, certified seed and certified  seed of the first generation may be officially certified and their packages officially closed in  accordance with the OECD schemes and 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 satisfies  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/EEC  (5), which established equivalence for field inspections in the  abovementioned countries and Decision 85/356/EEC  (6) which established equivalences for seed  produced in the abovementioned countries, expired 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 this 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;
Whereas this Decision does not preclude Community findings being revoked where the conditions on  which they are based 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 amendment; whereas, to  simplify the procedures, such modifications should be dealt with under the procedure of the  Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
It is hereby declared that field inspections of seed producing crops  of the categories 'certified seed` and 'certified seed for the first generation`, 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 II (A) of the Annex hereto are satisfied.
It is hereby also declared that where the conditions laid down in Part II (B) of the  Annex hereto are satisfied, seed of the categories 'basic seed`, 'certified seed` and 'certified  seed of the first generation` harvested in the countries listed in Part I 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.
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.  By way of derogation from the first indent of paragraph 1 of this Article, equivalence may be  granted to seeds harvested in certain specific third countries, 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, 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.
Where 'relabelling and refastening` 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 with respect 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.
The conditions under which exceptions to the prohibition referred to in the first paragraph may be  provided for shall be decided on, where appropriate, in accordance with the procedure laid down 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.
Technical and administrative amendments to be made to Annex I, with exception of those  concerning column 1 of the table in Part I of that Annex, 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.
This Decision shall apply from 1 July 1995 to 31 December 1996.
This Decision is addressed to the Member States.