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Document 02003D0017-20220623

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Consolidated text: Council Decision of 16 December 2002 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 (Text with EEA relevance) (2003/17/EC)Text with EEA relevance

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02003D0017 — EN — 23.06.2022 — 010.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B	COUNCIL DECISION of 16 December 2002 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 (Text with EEA relevance) (2003/17/EC) (OJ L 008 14.1.2003, p. 10)

Amended by:

		Official Journal
		No	page	date
M1	COUNCIL DECISION of 26 May 2003	L 141	23	7.6.2003
M2	COUNCIL REGULATION (EC) No 885/2004 of 26 April 2004	L 168	1	1.5.2004
►M3	COUNCIL DECISION of 8 November 2005	L 312	51	29.11.2005
M4	COUNCIL REGULATION (EC) No 1791/2006 of 20 November 2006	L 363	1	20.12.2006
M5	COUNCIL DECISION of 26 November 2007	L 314	20	1.12.2007
►M6	DECISION No 1105/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012	L 328	4	28.11.2012
►M7	COUNCIL REGULATION (EU) No 517/2013 of 13 May 2013	L 158	1	10.6.2013
►M8	DECISION (EU) 2018/1674 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2018	L 284	31	12.11.2018
►M9	DECISION (EU) 2020/1544 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2020	L 356	5	26.10.2020
►M10	DECISION (EU) 2021/537 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 March 2021	L 108	4	29.3.2021
►M11	DECISION (EU) 2022/871 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2022	L 152	109	3.6.2022

▼B

COUNCIL DECISION

of 16 December 2002

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

(Text with EEA relevance)

(2003/17/EC)

▼M3

Article 1

▼M8

Field inspections concerning the seed-producing crops of the species specified in Annex I to this Decision carried out in the third countries listed in that Annex shall be considered equivalent to field inspections carried out in accordance with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC and Council Directive 2002/55/EC ( 1 ) provided that they:

▼M3

(a)

are carried out officially by the authorities listed in Annex I, or under the official supervision of those authorities;

(b)

satisfy the conditions laid down in point A of Annex II.

▼M8

Article 2

Seed of the species specified in Annex I to this Decision, produced in the third countries listed in that Annex and officially certified by the authorities listed in that Annex shall be considered equivalent to seed complying with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, if it satisfies the conditions laid down in point B of Annex II to this Decision.

▼B

Article 3

▼M8

Where equivalent seed is ‘relabelled and refastened’ in the Community, within the meaning of OECD Schemes for the Varietal Certification of Seed moving in International Trade, the provisions of Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC concerning the reclosing of packages produced in the Community shall apply by analogy.

The first subparagraph shall be without prejudice to the OECD rules applicable to such operations.

▼B

Where relabelling and refastening in the Community of equivalent seed is necessary, EC labels shall be used only:

(a)

if seeds produced in Member States and seeds of the same variety and category produced in third countries are blended in order to improve the germination capacity, provided that:

—

the blend is homogeneous, and

—

the label mentions each country of production; or

▼M8

(b)

for small EC packages within the meaning of Directives 66/401/EEC, 2002/54/EC or 2002/55/EC.

▼M6 —————

▼B

Article 6

This Decision shall apply from 1 January 2003 to ►M11 31 December 2029 ◄ .

Article 7

This Decision is addressed to the Member States.

▼M6

ANNEX I

COUNTRIES, AUTHORITIES AND SPECIES

Country (1)	Authority	Species referred to in the following Directives
1	2	3
AR	Instituto Nacional de Semillas (INASE) Av. Paseo Colón 922, 3 Piso 1063 BUENOS AIRES	66/401/EEC 66/402/EEC 2002/57/EC
AU	Australian Seeds Authority Ltd PO Box 187 LINDFIELD, NSW 2070	66/401/EEC 66/402/EEC 2002/57/EC
▼M11
BO	Ministry of Rural Development and Land Bolivia Av. Camacho entre calles Loaya y Bueno No 1471, LA PAZ	66/402/EEC – only in respect of Zea mays and Sorghum spp.; 2002/57/EC – only in respect of Helianthus annuus
▼M8
BR	Ministry of Agriculture, Livestock and Food Supply Esplanada dos Ministérios, bloco D 70.043-900 Brasilia-DF	66/401/EEC 66/402/EEC
▼M6
CA	Canadian Food Inspection Agency, Seed Section, Plant Health & Biosecurity Directorate 59 Camelot Drive, Room 250, OTTAWA, ON K1A 0Y9	66/401/EEC 66/402/EEC 2002/57/EC
CL	Ministerio de Agricultura Servicio Agricola y Ganadero, División de Semillas Casilla 1167, Paseo Bulnes 140 — SANTIAGO DE CHILE	2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC
▼M10
GB (2)	Department for Environment, Food & Rural Affairs (DEFRA) Eastbrook Shaftesbury Road Cambridge CB2 8DU	66/401/EEC 66/402/EEC 2002/54/EC 2002/57/EC
▼M7 —————
▼M6
IL	Ministry of Agriculture & Rural Development Plant Protection and Inspection Services PO Box 78, BEIT-DAGAN 50250	66/401/EEC 66/402/EEC 2002/57/EC
MA	D.P.V.C.T.R.F. Service de Contrôle des Semences et Plants BP 1308 RABAT	66/401/EEC 66/402/EEC 2002/57/EC
▼M8
MD	National Agency for Food Safety (ANSA) str. Mihail Kogălniceanu 63, MD-2009, Chisinau	66/402/EEC 2002/55/EC 2002/57/EC
▼M6
NZ	Ministry for Primary Industries, 25 ‘The Terrace’ PO Box 2526 6140 WELLINGTON	2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC
RS	Ministry of Agriculture, Forestry and Water Management Plant Protection Directorate Omladinskih brigada 1, 11070 NOVI BEOGRAD The Ministry of Agriculture has authorised the following institutions to issue OECD certificates: National Laboratory for Seed Testing Maksima Gorkog 30 — 21000 NOVI SAD Maize Research Institute ‘Zemun Polje’ Slobodana Bajica 1 11080 ZEMUN, BEOGRAD	2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC
TR	Ministry of Agriculture and Rural Affairs, Variety Registration and Seed Certification Centre Gayret mah. Fatih Sultan Mehmet Bulvari No 62 PO Box 30 06172 Yenimahalle/ANKARA	2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC
▼M9
UA	Ministry of Agrarian Policy and Food of Ukraine Khreshchatyk str., 24, 01001, KYIV	66/402/EEC
▼M6
US	USDA — Agricultural Marketing Service Seed Regulatory & Testing Branch 801 Summit Crossing, Suite C, GASTONIA NC 28054	2002/54/EC 66/401/EEC 66/402/EEC 2002/57/EC
UY	Instituto Nacional de Semillas (INASE) Cno. Bertolotti s/n y Ruta 8 km 29 91001 PANDO — CANELONES	66/401/EEC 66/402/EEC 2002/57/EC
ZA	National Department of Agriculture, c/o S.A.N.S.O.R. Lynnwood Ridge, PO Box 72981, 0040 PRETORIA	66/401/EEC 66/402/EEC — only in respect of Zea mays and Sorghum spp. 2002/57/EC
(1) AR — Argentina, AU — Australia, ►M11 BO – Bolivia, ◄ ►M8 BR — Brazil, ◄ CA — Canada, CL — Chile, ►M10 GB — United Kingdom, ◄ ►M8 — ◄ IL — Israel, MA — Morocco, ►M8 MD — the Republic of Moldova, ◄ NZ — New Zealand, RS — Serbia, TR — Turkey, ►M9 UA — Ukraine, ◄ US — United States, UY — Uruguay, ZA — South Africa. (2) In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, for the purposes of this Annex, references to the United Kingdom do not include Northern Ireland.

▼B

ANNEX II

A. Conditions relating to field inspections carried out in third countries on seed-producing crops

Field inspections shall be carried out in accordance with national rules for the application of the OECD Schemes for the Varietal Certification of Seed moving in International Trade as follows:

—

sugar beet and fodder beet seed, in the case of Beta vulgaris referred to in Directive 2002/54/EC,

—

grass and legume seed, in the case of the species referred to in Directive 66/401/EEC,

—

crucifer seed and other oil and fibre species seed, in the case of the species referred to in Directives 66/401/EEC and 2002/57/EC,

—

cereal seed, in the case of the species referred to in Directive 66/402/EEC, other than Zea mays and Sorghum spp.,

—

maize and sorghum seed, in the case of Zea mays and Sorghum spp. referred to in Directive 66/402/EEC,

▼M8

—

vegetable seed, in the case of the species referred to in Directive 2002/55/EC.

▼B

2.	Seed not finally certified shall be packed in officially closed packages which bear a special label provided for this purpose by the OECD.

Seed not finally certified shall be accompanied, without prejudice to the certificate provided by the OECD schemes, by an official certificate giving the following information:

—

reference number of the seed used to sow the field, and name of the Member State or third country which certified that seed,

—

area cultivated,

—

quantity of seed,

—

the attestation that the conditions that have to be satisfied by the crops from which the seed comes have been fulfilled.

B. Conditions relating to seed produced in third countries

Seed shall be officially certified and its packages officially closed and marked in accordance with national rules for the application of the OECD Schemes for the Varietal Certification of Seed moving in International Trade as follows; the seed lots shall be accompanied by the certificates required under those OECD schemes:

—

sugar beet and fodder beet seed, in the case of Beta vulgaris referred to in Directive 2002/54/EC,

—

grass and legume seed, in the case of the species referred to in Directive 66/401/EEC,

—

crucifer seed and other oil or fibre species seed, in the case of the species referred to in Directives 66/401/EEC and 2002/57/EC,

—

cereal seed, in the case of the species referred to in Directive 66/402/EEC, other than Zea mays and Sorghum spp.,

—

maize and sorghum seed, in the case of Zea mays and Sorghum spp. referred to in Directive 66/402/EEC,

▼M8

—

vegetable seed, in the case of the species referred to in Directive 2002/55/EC.

▼B

Moreover, seed shall satisfy the conditions of Community rules other than those relating to varietal identity and varietal purity.

Seed shall satisfy the following conditions.

2.1.

The conditions which seed shall satisfy in accordance with the second subparagraph of paragraph 1 are laid down in the following Directives:

—

Directive 66/401/EEC, Annex II,

—

Directive 66/402/EEC, Annex II,

—

Directive 2002/54/EC, Annex I(B),

▼M8

—

Directive 2002/55/EC, Annex II,

▼B

—

Directive 2002/57/EC, Annex II.

▼M8

2.2.

For the purpose of the examination to check whether the conditions set out in paragraph 2.1 have been satisfied, samples shall be taken officially or under official supervision in accordance with the ISTA Rules, and their weights shall conform to the weight stipulated under such methods, taking into account the weights specified in the following Directives:

—

Directive 66/401/EEC, Annex III, columns 3 and 4,

—

Directive 66/402/EEC, Annex III, columns 3 and 4,

—

Directive 2002/54/EC, Annex II, second line,

—

Directive 2002/55/EC, Annex III,

—

Directive 2002/57/EC, Annex III, columns 3 and 4.

2.3.	The examination shall be carried out officially or under official supervision in accordance with the ISTA Rules.

▼M8 —————

▼B

Seed shall satisfy the following additional conditions in respect of package marking.

3.1.

The following official information shall be given:

—

a statement that the seed satisfies the conditions of Community rules other than those relating to varietal identity and varietal purity: ‘EC rules and standards’,

▼M8

—

a statement that the seed has been sampled and tested in accordance with current international methods: ‘Sampled and analysed in accordance with the provisions set out in the ISTA International Rules for Seed Testing with regard to Orange International Seed Lot Certificates by …, (name or member code of the ISTA seed testing station)’,

▼B

—

date of official closing,

—

where seed lots have been ‘relabelled and refastened’ within the meaning of the OECD schemes, also a statement that this operation took place, the most recent date of reclosing and the Authorities responsible therefore,

—

country of production,

—

declared net or gross weight or declared number of pure seeds or, in the case of beet seed, clusters, and

—

where weight is indicated and granulated pesticides, pelleting substances or other solid additives are used, the nature of the additive and also the approximate ratio between the weight of pure seed and the total weight.

This information may be given either on the OECD label or on an additional official label which shall give the name of the service and the country. Any suppliers' labels shall be drawn up in such a manner that they cannot be confused with the additional official label.

3.2.

In the case of seed of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to, or accompanies, the seed lot shall clearly indicate that the variety has been genetically modified and provide for any other information as may be determined in the authorisation procedure required under Community law.

3.3.

An official notice placed inside the package shall give at least the reference number of the lot, the species and the variety; in addition, in the case of beet seed, it shall be stated, where appropriate, whether the seed is monogerm or precision seed.

This notice is not necessary if the minimum information is printed indelibly on the package or if an adhesive label or a label of non-tear material is used.

3.4.	Any chemical treatment of the seed and the active substance shall be noted either on the official label or on a special label as well as on the container or inside it.

3.5.	All information required for official labels, for official notices and for packages shall be given in at least one of the official languages of the Community.

▼M8

4.	The seed lots shall be accompanied by an ISTA Orange International Seed Lot Certificate giving the information relating to the conditions in paragraph 2.

▼B

In the case of basic seed of varieties which are exclusively maintained within the Community, the seed of the preceding generations shall have been produced within the Community.

In the case of basic seed of other varieties, the seed of the preceding generations shall have been produced under the responsibility of the persons responsible for the maintenance breeding, referred to in the common catalogue of varieties of agricultural plant species either within the Community or in a third country which has been granted, under Decision 97/788/EC ( 2 ), the equivalence of checks on practices for the maintenance of varieties carried out in third countries.

For certified seed of all generations, seed of the previous generations shall have been produced and officially controlled and certified:

—

either within the Community, or

—

in a third country which has been granted equivalence under this Decision for the production of basic seed of the species concerned, provided that it has been produced from seed produced in accordance with paragraph 5.

In the case of Canada and the United States of America, by way of derogation from:

—

points 2.2 and 2.3,

—

point 3.1, second indent, and

—

point 4,

sampling, testing and issue of seed analysis certificates may be carried out by officially recognised seed testing laboratories according to the rules of the AOSA. In this case:

—

the following statement shall be given under paragraph 3.1: ‘Sampled and analysed according to AOSA rules by …’ (name or initials of the officially recognised seed testing laboratory), and

—

the certificates required under paragraph 4 shall be issued by the officially recognised seed testing laboratory under the responsibility of the Authorities listed in Annex I.

( 1 ) Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

( 2 ) OJ L 322, 25.11.1997, p. 39. Decision as last amended by Decision 2002/580/EC (OJ L 184, 13.7.2002, p. 26).

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