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Seeds

This Regulation establishes a common organisation of the market (CMO) in seeds. It includes rules on the marketing of seeds and on trade with third countries. The CMO will operate until 30 June 2008.

ACT

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.

SUMMARY

From 1 July 2008 products falling within the scope of this Regulation will be governed by the common organisation of agricultural markets.

This Regulation defines the conditions for the marketing of, and trade with third countries in, sweetcorn hybrids, peas and chickpeas, beans, lentils, broad beans and other leguminous vegetables, spelt, hybrid maize, rice in the husk, sorghum, soya beans, groundnuts, linseed, rape or colza seeds, sunflower seeds, other oil seeds and oleaginous fruits, and seeds, fruit and spores, of a kind used for sowing.

TRADE WITH THIRD COUNTRIES

Imports of seeds may be subject to the presentation of an import licence. Import licences are to be issued by the Member States to any persons who so request, irrespective of their place of establishment in the Community. Licences will be valid for imports carried out anywhere in the Community and their issue will be subject to the lodging of a security guaranteeing that the products are imported during the validity period of the licence.

The rates of import duty in the Common Customs Tariff are to apply to the products covered by this Regulation.

The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its implementation are to apply to the tariff classification of products covered by this Regulation.

In trade with third countries, the levying of any charge having equivalent effect to a customs duty and the application of any quantitative restriction or measure having equivalent effect are prohibited.

Safeguard

If, by reason of imports or exports, the Community market in one or more of the products listed in this Regulation is affected by, or is threatened with, serious disturbance, appropriate measures may be applied in trade with non-member countries of the World Trade Organisation (WTO) until such disturbance or threat of it has ceased. In such cases, the Commission, at the request of a Member State or on its own initiative, is to decide upon the necessary measures. Where a Member State refers such measures to the Council, it is to meet immediately and may amend or repeal the measures in question.

The Treaty’s provisions on state aid are to apply to seeds. However, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed.

The Commission is to be assisted by the Management Committee for Seeds [FR].

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1947/2005

Applicable from 1 July 2006

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OJ L 312 of 29.11.2005

RELATED ACT

Commission Regulation (EC) No 491/2007 of 3 May 2007 laying down detailed rules for implementing Council Regulation (EC) No 1947/2005 as regards the communication of data concerning seeds [Official Journal L 116, 4.5.2007].

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