EUROPEAN COMMISSION

Brussels, 6.2.2024

COM(2024) 53 final

2024/0030(COD)

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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 (codification)

(Text with EEA relevance)

EXPLANATORY MEMORANDUM

1.In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying the law of the Union so as to make it clearer and more accessible to citizens, thus giving them new opportunities and the chance to make use of the specific rights it gives them.

This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules.

For this reason a codification of rules that have frequently been amended is also essential if the law is to be clear and transparent.

2.On 1 April 1987 the Commission decided 1 to instruct its staff that all acts should be codified after no more than ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the texts for which they are responsible, to ensure that their provisions are clear and readily understandable.

3.The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed this 2 , stressing the importance of codification as it offers certainty as to the law applicable to a given matter at a given time.

Codification must be undertaken in full compliance with the normal procedure for the adoption of acts of the Union.

Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.

4.The purpose of this proposal is to undertake a codification of Council Decision 2003/17/EC 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 3 . The new Decision will supersede the various acts incorporated in it 4 ; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

5.The codification proposal was drawn up on the basis of a preliminary consolidation, in 24 official languages, of Decision 2003/17/EC and the instruments amending it, carried out by the Publications Office of the European Union, by means of a data-processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table set out in Annex IV to the codified Decision.

🡻 2003/17/EC (adapted)

2024/0030 (COD)

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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 (codification)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community ⌦ on the Functioning of the European Union, and in particular Article 43(2) thereof, ⌫

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 5 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

🡻 

(1)Council Decision 2003/17/EC 6 has been substantially amended several times 7 . In the interests of clarity and rationality, that Decision should be codified.

🡻 2022/871 recital 1 (adapted)

(2)Council Decision 2003/17/EC 8 provides that, uUnder certain conditions, field inspections carried out on certain seed-producing crops in the ⌦ certain ⌫ third countries listed in Annex I to that Decision are to ⌦ should ⌫ be considered equivalent to field inspections carried out in accordance with Union law. It also provides that, uUnder certain conditions, seed of certain species produced in those third countries is to ⌦ should ⌫ be considered equivalent to seed produced in accordance with Union law.

🡻 2022/871 recital 2 (adapted)

(3)Equivalence has been granted to ⌦ certain ⌫ those third countries by relying on the multilateral framework for international trade of seeds, namely the Organisation for Economic Cooperation and Development (OECD) Seed Schemes for the Varietal Certification of Seed moving in International Trade and the methods of the International Seed Testing Association (ISTA) or, where appropriate, the rules of the Association of Official Seed Analysts ⌦ (AOSA) ⌫ that are equivalent to the ISTA methods. The Commission has also carried out legislative assessments and audits in some of those third countries in order to verify whether they meet the requirements under Union law before granting equivalence for the first time. Annual testing and reporting within the OECD framework, periodical re-auditing of laboratories for ISTA accreditation, as well as official inspections in the context of Union law, indicate that field inspections carried out in those third countries continue to afford the same guarantees as field inspections carried out by Member States and that seed produced and certified in those third countries continues to afford ⌦ s ⌫ the same guarantees as seed produced and certified in Member States. Those field inspections and seed should therefore continue to be considered equivalent to Union field inspections and seed.

🡻 2003/17/EC recital 7 (adapted)

(4)It is appropriate to include in this Decision specific rules concerning relabelling and refastening in the ⌦ Union ⌫ Community incorporating rules similar to those provided by Decision 86/110/EEC 9 , which is no longer applicable.

🡻 2003/17/EC recital 8 (adapted)

(5)The existing legislation already provides for an obligation for seed, including not finally certified seed, marketed in the Community to indicate whether the seed is chemically treated or the variety has been genetically modified. It is appropriate to provide for detailed rules on the exact indications to be given on the label of certified seed imported under this Decision ⌦ with regard to the obligation for seed, including not finally certified seed, marketed in the Union to indicate whether the seed is chemically treated or if the variety has been genetically modified ⌫. It is appropriate for these rules to mirror the ones provided by Decision 95/514/EC. It will be appropriate iIn ⌦ the ⌫ future, to update the Aannexes to this Decision ⌦ should be updated ⌫ in order to ensure that imported seed is subject to requirements equivalent to any new rules which may be introduced, especially for not finally certified seed,.

HAVE ADOPTED THIS DECISION:

🡻 2005/834/EC Art. 4

Article 1

🡻 2018/1674 Art. 1.1 (adapted)

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 ⌦ Council ⌫ Directives 66/401/EEC 10 , 66/402/EEC 11 , 2002/54/EC 12 , ⌦ 2002/55/EC 13  ⌫ and 2002/57/EC 14  and Council Directive 2002/55/EC 15 provided that they:

🡻 2005/834/EC Art. 4

(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.

🡻 2018/1674 Art. 1.2

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.

🡻 2003/17/EC

Article 3

🡻 2018/1674 Art. 1.3(a) (adapted)

1. Where equivalent seed is ‘relabelled and refastened’ in the ⌦ Union ⌫ Community, within the meaning of ⌦ the Organisation for Economic Cooperation and Development ⌫ (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 ⌦ Union ⌫ Community shall apply by analogy.

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

🡻 2003/17/EC (adapted)

2. Where relabelling and refastening in the ⌦ Union ⌫ Community of equivalent seed is necessary, EC ⌦ EU ⌫ 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

🡻 2018/1674 Art. 1.3(b)

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

🡻 

Article 4

Decision 2003/17/EC is repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex IV.

🡻 2003/17/EC (adapted)

🡺1 2022/871 Art. 1.1

Article 56

This Decision shall apply from 1 January 2003 to ⌦ until ⌫ 🡺1 31 December 2029 🡸.

Article 67

This Decision is addressed to the Member States.

(1)    COM(87) 868 PV.

(2)    See Annex 3 to Part A of the Conclusions.

(3)    Entered in the legislative programme for 2023.

(4)    See Annex III to this proposal.

(5)    OJ C […], […], p. […].

(6)    Council Decision 2003/17/EC 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 ( OJ L 8, 14.1.2003, p. 10 , ELI: http://data.europa.eu/eli/dec/2003/17(1)/oj).

(7)    See Annex III.

(8)    Council Decision 2003/17/EC 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 (OJ L 8, 14.1.2003, p. 10).

(9)    OJ L 93, 8.4.1986, p. 23.

(10)    Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298, ELI:http://data.europa.eu/eli/dir/1966/401/oj).

(11)    Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309, ELI: http://data.europa.eu/eli/dir/1966/402/oj).

(12)    Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p. 12, ELI:http://data.europa.eu/eli/dir/2002/54/oj).

(13)    Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33, ELI: http://data.europa.eu/eli/dir/2002/55/oj .

(14)    Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002 p. 74, ELI: http://data.europa.eu/eli/dir/2002/57/oj).

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

EUROPEAN COMMISSION

Brussels, 6.2.2024

COM(2024) 53 final

ANNEXES

to the

Proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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 (codification)

🡻 2012/1105 Art. 1.4 and Annex (adapted)

🡺1 2018/1674 Art. 1.4 and Annex .1(b)

🡺2 2018/1674 Art. 1.4 and Annex .1(a)

🡺3 2020/1544 Art. 1(b)

🡺4 2020/1544 Art. 1(a)

🡺5 2021/537 Art. 1.1 and Annex .1(2)

🡺6 2021/537 Art. 1.1 and Annex .1(1)

🡺7 2022/871 Art. 1(2)(b)

🡺8 2022/871 Art. 1(2)(a)

ANNEX I

_____________

🡻 2003/17/EC

ANNEX II

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

1.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,

🡻 2018/1674 Art. 1.4 and Annex .2(a)

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

🡻 2003/17/EC (adapted)

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

3.Seed not finally certified shall be accompanied, without prejudice to the certificate provided by the OECD sSchemes ⌦ for the Varietal Certification of Seed moving in International Trade ⌫, 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

1.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,

🡻 2018/1674 Art. 1.4 and Annex .2(b)(i)

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

🡻 2003/17/EC (adapted)

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

2.Seed shall satisfy the following conditions.

2.1.The conditions which seed shall satisfy in accordance with point 1, second sentence,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),

🡻 2018/1674 Art. 1.4 and Annex .2(b)(ii)

–Directive 2002/55/EC, Annex II,

🡻 2003/17/EC

–Directive 2002/57/EC, Annex II.

🡻 2018/1674 Art. 1.4 and Annex .2(b)(iii) (adapted)

2.2.For the purpose of the examination to check whether the conditions set out in pointparagraph 2.1 have been satisfied, samples shall be taken officially or under official supervision in accordance with the ⌦ International Seed Testing Association ⌫ (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.

🡻 2018/1674 Art. 1.4 and Annex .2(b)(iv)

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

🡻 2003/17/EC (adapted)

3.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 ⌦ Union ⌫ Community rules other than those relating to varietal identity and varietal purity: ‘EC ⌦ EU ⌫ rules and standards’,

🡻 2018/1674 Art. 1.4 and Annex .2(b)(vi)

–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)’,

🡻 2003/17/EC (adapted)

–date of official closing,

–where seed lots have been ‘relabelled and refastened’ within the meaning of the OECD Sschemes ⌦ for the Varietal Certification of Seed moving in International Trade ⌫, also a statement that this operation took place, the most recent date of reclosing and the aAuthorities 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 ⌦ Union ⌫ 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 ⌦ shall not be ⌫ 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 ⌦ Union ⌫ Community.

🡻 2018/1674 Art. 1.4 and Annex .2(b)(vii) (adapted)

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

🡻 2003/17/EC (adapted)

5.In the case of basic seed of varieties which are exclusively maintained within the ⌦ Union ⌫ Community, the seed of the preceding generations shall have been produced within the ⌦ Union ⌫ 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 ⌦ Union ⌫ Community or in a third country which has been granted, under Council Decision 2005/834/EC 3  Decision 97/788/EC 4 , the equivalence of checks on practices for the maintenance of varieties carried out in third countries.

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

–either within the ⌦ Union ⌫ 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 pointparagraph 5.

7.In the case of Canada and the United Statesof 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 ⌦ Association of Official Seed Analysts ⌫ (AOSA). In this case:

–the following statement shall be given under pointparagraph 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 pointparagraph 4 shall be issued by the officially recognised seed testing laboratory under the responsibility of the aAuthorities listed in Annex I.

_____________

🡹 

ANNEX III

Repealed Decision with list of the successive amendments thereto

_____________

ANNEX IV

Correlation Table

_____________

(1)    AR — Argentina, AU — Australia, 🡺7 BO – Bolivia, 🡸 🡺1 BR — Brazil, 🡸 CA — Canada, CL — Chile, 🡺5 GB — United Kingdom, 🡸 IL — Israel, MA — Morocco, 🡺1 MD — the Republic of Moldova, 🡸 NZ — New Zealand, RS — Serbia, TR — ⌦ Türkiye ⌫ Turkey, 🡺3 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.

(3)    Council Decision 2005/834/EC of 8 November 2005 on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC (OJ L 312, 29.11.2005, p. 51, ELI:  http://data.europa.eu/eli/dec/2005/834/oj ).

(4)    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).