Amended proposal for a Council Directive amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species (98/C 305/03) COM(1998) 499 final - 97/0217(CNS)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 7 August 1998)

In response to the opinion delivered by the European Parliament at its plenary session of 11 to 15 May 1998 on the proposal for a Council Directive submitted on 25 July 1997 amending Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC on the marketing of beet seed, fodder plant seed, cereal seed, seed potatoes, seed of oil and fibre plants and vegetable seed and on the common catalogue of varieties of agricultural plant species, and in accordance with Article 189a(2) of the EC Treaty the Commission has decided to amend the aforementioned proposal as follows:

1. Article 1(2) is replaced by the following:

'2. The following paragraphs are added after Article 2(2):

"3. When the examination under official supervision referred to in paragraph 1(C)(d)(ii) is carried out, the following requirements shall be complied with:

(i) the inspectors, shall:

(a) have the necessary technical qualifications,

(b) derive no private gain in connection with the carrying out of the inspections,

(c) have been officially licensed and sworn in by the seed certification authority of the Member State concerned,

(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;

(ii) the seed crop to be inspected shall be grown from seed which has undergone official post control, the results of which have been satisfactory;

(iii) a proportion of the seed crop shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;

(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed-testing in respect of varietal identity and purity;

(v) the seed certification authority shall immediately withdraw recognition referred to in paragraph (3)(i)(c) from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall immediately be annulled in the event of such contravention. The Member States shall determine the penalties applicable to infringements of the rules governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive.

4. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.

Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to." `

2. Article 2(3) is replaced by the following:

'3. The following paragraphs are added after Article 2(2):

"3. When the examination under official supervision referred to in paragraph 1(C)(d)(ii) is carried out, the following requirements shall be complied with:

(i) the inspectors, shall:

(a) have the necessary technical qualifications,

(b) derive no private gain in connection with the carrying out of the inspections,

(c) have been officially licensed and sworn in by the seed certification authority of the Member State concerned,

(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;

(ii) the seed crop to be inspected shall be grown from seed which has undergone official post control, the results of which have been satisfactory;

(iii) a proportion of the seed crop shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;

(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed-testing in respect of varietal identity and purity;

(v) the seed certification authority shall immediately withdraw recognition referred to in paragraph (3)(i)(c) from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall immediately be annulled in the event of such contravention. The Member States shall determine the penalties applicable to infringements of the rules governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive.

4. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.

Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to." `

3. Article 3(5) is replaced by the following:

'5. The following paragraphs are added after Article 2(2):

"3. When the examination under official supervision referred to in paragraphs 1(E)(d)(ii), 1(F)(d)(ii) and 1(G)(d)(ii) above is carried out, the following requirements shall be complied with:

(i) the inspectors, shall:

(a) have the necessary technical qualifications,

(b) derive no private gain in connection with the carrying out of the inspections,

(c) have been officially licensed and sworn in by the seed certification authority of the Member State concerned,

(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;

(ii) the seed crop to be inspected shall be grown from seed which has undergone official post control, the results of which have been satisfactory;

(iii) a proportion of the seed crop shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;

(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed-testing in respect of varietal identity and purity;

(v) the seed certification authority shall immediately withdraw recognition referred to in paragraph (3)(i)(c) from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall immediately be annulled in the event of such contravention. The Member States shall determine the penalties applicable to infringements of the rules governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive.

4. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.

Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to." `

4. Article 5(7) is replaced by the following:

'7. The following paragraphs are added after Article 2(2):

"3. When the examination under official supervision referred to in paragraphs 1(C)(d)(ii), 1(D)(d)(ii), 1(E)(d)(ii), 1(Ea)(d)(ii) and 1(F)(d)(ii) above is carried out, the following requirements shall be complied with:

i) the inspectors, shall:

(a) have the necessary technical qualifications,

(b) derive no private gain in connection with the carrying out of the inspections,

(c) have been officially licensed and sworn in by the seed certification authority of the Member State concerned,

(d) carry out inspections under official supervision in accordance with the rules applicable to official inspections;

ii) the seed crop to be inspected shall be grown from seed which has undergone official post control, the results of which have been satisfactory;

(iii) a proportion of the seed crop shall be checked by official inspectors. That proportion shall be 10 % for self-pollinated crops and 20 % for cross-pollinated crops or, for those species for which Member States provide for official laboratory seed-testing using morphological, physiological or, where appropriate, biochemical procedures to identify the variety and establish purity, 5 % and 15 % respectively;

(iv) a proportion of samples from the seed lots harvested from the seed crops shall be drawn for official post control and, where appropriate, for official laboratory seed-testing in respect of varietal identity and purity;

(v) the seed certification authority shall immediately withdraw recognition referred to in paragraph (3)(i)(c) from officially licensed inspectors who are found guilty of deliberately or negligently contravening the rules governing official examinations. Any certification of the seed examined shall immediately be annulled in the event of such contravention. The Member States shall determine the penalties applicable to infringements of the rules governing examination under official supervision. The penalties they provide for must be effective, proportionate and dissuasive.

4. Further measures applicable to the carrying out of examinations under official supervision may be adopted in accordance with the procedure laid down in Article 21.

Until such measures are adopted, the conditions set out in Article 2 of Commission Decision 89/540/EEC shall be adhered to." `

5. The following article is added after Article 8.

'Article 8a

After not more than five years the Commission shall submit a detailed evaluation of the simplifications of the certification procedures introduced with this Directive. This evaluation shall focus in particular on the possible effects on the quality of the seed.`