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Brussels, 28.8.2007

COM(2007) 483 final

Proposal for a

COUNCIL DECISION

amending Decision 2003/17/EC 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, and 2002/57/EC on the marketing of seed (fodder plants, cereals, beet, oil and fibre plants) provide for the Council to determine whether field inspections carried out in third countries on seed producing crops satisfy the conditions laid down in Community legislation and whether seed produced in these countries is equivalent to seed produced in the Community.

By virtue of Council Decision 2003/17/EC, as amended, this equivalence was determined for thirteen countries. Decision 2003/17/EC will expire on 31 December 2007.

On the basis of the information collected by the Commission services within the Standing Committee on Seeds and obtained from Community comparative tests and trials, these countries continue to afford the same guarantees.

The present proposal renews the equivalence until 31 December 2012 for all third countries referred to in Decision 2003/17/EC.

Proposal for a

COUNCIL DECISION

amending Decision 2003/17/EC 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)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed[1], 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[2], and in particular Article 16(1) thereof,

Having regard to Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed[3], and in particular Article 23(1) thereof,

Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants[4], and in particular Article 20(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) 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[5] provides that for a limited period field inspections carried out in certain third countries on seed-producing crops of certain species are considered as equivalent to field inspections carried out in accordance with Community legislation and that seed of certain species produced in those countries is considered as equivalent to seed produced in accordance with Community legislation.

(2) It appears that those field inspections continue to afford the same guarantees as those carried out by the Member States. Those field inspections should therefore continue to be considered as equivalent.

(3) As Decision 2003/17/EC will expire on 31 December 2007, the period for which equivalence is recognised under that Decision should be extended. It appears desirable to limit that period to five years.

(4) Decision 2003/17/EC should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 6 of Decision 2003/17/EC "31 December 2007" is replaced by "31 December 2012".

Article 2

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

[1] OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).

[2] OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Commission Directive 2006/55/EC (OJ L 159, 13.6.2006, p. 13).

[3] OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive 2004/117/EC.

[4] OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive 2004/117/EC.

[5] OJ L 8, 14.1.2003, p. 10. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).