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)
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)The rules on official seed control in Argentina, Australia, Bulgaria, Canada, Chile, the Czech Republic, Estonia, Croatia, Hungary, Israel, Latvia, Morocco, New Zealand, Poland, Romania, Slovenia, Slovakia, Turkey, the United States of America, Uruguay, Yugoslavia and South Africa provide for an official field inspection to be carried out during the period of seed production.
(2)Those rules provide in principle that seed may be officially certified and seed packages officially closed in accordance with the OECD Schemes for the Varietal Certification of Seed moving in International Trade. The rules also provide for seed sampling and testing in accordance with the methods of the International Seed Testing Association (ISTA), or where appropriate, in accordance with the rules of the Association of Official Seed Analysts (AOSA).
(3)An examination of those rules and the manner in which they are applied in the aforementioned third countries has shown that the field inspection of seed-producing crops satisfies the conditions laid down in Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC. The national provisions governing seed harvested and controlled in those countries afford the same assurances as regards the seed's characteristics and the arrangements for its examination, for ensuring seed identification, for marking and for control as the provisions applicable to seed harvested and controlled within the Community, provided that further conditions for seed-producing crops and seed produced, in particular in respect of packages marking, are satisfied.
(4)Council Decision 95/514/EC of 29 November 1995 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.
(5)As Decision 95/514/EC will expire on 31 December 2002, a new decision should be adopted and its scope extended in particular by including Estonia, Latvia and Yugoslavia.
(6)It appears desirable to limit the period for which equivalence is recognised under this Decision to five years.
(7)It is appropriate to include in this Decision specific rules concerning relabelling and refastening in the Community incorporating rules similar to those provided by Decision 86/110/EEC(6), which is no longer applicable.
(8)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. It is appropriate for these rules to mirror the ones provided by Decision 95/514/EC. It will be appropriate in future to update the annexes of the present Decision 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.
(9)Certain amendments to the Annexes to this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedure for the exercise of implementing powers conferred on the Commission(7),
HAS ADOPTED THIS DECISION:
Article A1
1.In this Decision, “the Seeds Marketing Regulations” means—
- (a)
in relation to England, the Seed Marketing Regulations 2011;
(b)in relation to Wales, the Seed Marketing (Wales) Regulations 2012;
(c)in relation to Scotland—
(i)in relation to vegetable seed, the Vegetable Seeds Regulations 1993;
(ii)in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;
(iii)in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;
(iv)in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;
(v)in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;
(d)...
a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply.
Article 1
Field inspections concerning the seed-producing crops of the species specified in Annex I to this Decision ... carried out in the ... countries listed in that Annex shall be considered equivalent to field inspections carried out in accordance with the Seeds Marketing Regulations and Council Directive 2002/55/EC(8) provided that they:
are carried out officially by the authorities listed in Annex I, or under the official supervision of those authorities;
satisfy the conditions laid down in point A of Annex II.
Article 2
Seed of the species specified in Annex I to this Decision ..., produced in the ... countries listed in that Annex and officially certified by the authorities listed in that Annex shall be considered equivalent to seed complying with the Seeds Marketing Regulations, if it satisfies the conditions laid down in point B of Annex II to this Decision.
Article 3
1.Where equivalent seed is ‘relabelled and refastened’ in Great Britain, within the meaning of OECD Schemes for the Varietal Certification of Seed moving in International Trade, the provisions of the Seeds Marketing Regulations concerning the reclosing of packages produced in England, Wales or Scotland, as the case may be, shall apply by analogy.
...
2.Where relabelling and refastening in Great Britain of equivalent seed is necessary, labels shall be used stating ... “GB rules and standards” only :
(a)if seeds produced in Great Britain and seeds of the same variety and category produced in countries listed in Annex 1 are blended in order to improve the germination capacity, provided that:
(a)the blend is homogeneous, and
the label mentions each country of production; or
(b)for beet, fodder or vegetable seed, small packages within the meaning of the Seeds Marketing Regulations.
Article 4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 6
This Decision shall apply from 1 January 2003 to 31 December 2029 .
Article 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX I
COUNTRIES, AUTHORITIES AND SPECIES
a AR — Argentina, AU — Australia, BR — Brazil, CA — Canada, CL — Chile, HR — Croatia, IL — Israel, MA — Morocco, MD — the Republic of Moldova, NZ — New Zealand, RS — Serbia, TR — Turkey, UA — Ukraine, US — United States, UY — Uruguay, ZA — South Africa. | ||
| Country a | 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 |
| BR | Ministry of Agriculture, Livestock and Food Supply Esplanada dos Ministérios, bloco D 70.043-900 Brasilia-DF | 66/401/EEC 66/402/EEC |
| 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 |
| 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 |
| MD | National Agency for Food Safety (ANSA) str. Mihail Kogălniceanu 63, MD-2009, Chisinau | 66/402/EEC 2002/55/EC 2002/57/EC |
| 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 |
| UA | Ministry of Agrarian Policy and Food of Ukraine Khreshchatyk str., 24, 01001, KYIV | 66/402/EEC |
| 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 |
ANNEX II
A.Conditions relating to field inspections carried out in countries listed in Annex 1 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,
vegetable seed, in the case of the species referred to in Directive 2002/55/EC.
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 schemes, by an official certificate giving the following information:
reference number of the seed used to sow the field, and name of the ... 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 countries listed in Annex 1
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,
vegetable seed, in the case of the species referred to in Directive 2002/55/EC.
Moreover, seed shall satisfy the conditions of the Seeds Marketing Regulations 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 the second subparagraph of paragraph 1 are specified by the Seeds Marketing Regulations and the following Directives:
Directive 66/401/EEC, Annex II,
Directive 66/402/EEC, Annex II,
Directive 2002/54/EC, Annex I(B),
Directive 2002/55/EC, Annex II,
Directive 2002/57/EC, Annex II.
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.
2.4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 the Seeds Marketing Regulations other than those relating to varietal identity and varietal purity: ... “GB rules and standards” ,
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)’,
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 ... the law of Great Britain .
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 English and may also be given in other languages .
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.
5.In the case of basic seed of varieties which are exclusively maintained within Great Britain or Northern Ireland , the seed of the preceding generations shall have been produced within the United Kingdom .
In the case of basic seed of other varieties, the seed for the preceding generations shall have been produced under the responsibility of the persons responsible for the maintenance of the variety—
referred to in the GB Variety Lists pursuant to regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001 or the NI Variety Lists pursuant to regulation 3 of the Seeds (Variety Lists) Regulations (Northern Ireland) 2020; or
in a country which has been granted equivalence under Council Decision 2005/834/EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries; or
in a country granted equivalence.
6.For certified seed of all generations, seed of the previous generations shall have been produced and officially controlled and certified:
either within England, Scotland, Wales or Northern Ireland , or
in a ... 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 or
in a country granted equivalence.
7.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.
OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2001/64/EC (OJ 234, 1.9.2001, p. 60).
OJ 125, 11.7.1966, p. 1309/66. Directive as last amended by Directive 2001/64/EC.
OJ L 193, 20.7.2002, p. 74. Directive as amended by Directive 2002/68/EC (OJ L 195, 24.7.2002, p. 32.
OJ L 296, 9.12.1995, p. 34. Decision as last amended by Commission Decision 2002/276/EC (OJ L 96, 13.4.2002, p. 28).
Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).
OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2001/64/EC (OJ 234, 1.9.2001, p. 60).
OJ 125, 11.7.1966, p. 1309/66. Directive as last amended by Directive 2001/64/EC.
OJ L 193, 20.7.2002, p. 74. Directive as amended by Directive 2002/68/EC (OJ L 195, 24.7.2002, p. 32.
OJ L 296, 9.12.1995, p. 34. Decision as last amended by Commission Decision 2002/276/EC (OJ L 96, 13.4.2002, p. 28).
[F3[F4Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).]]
Textual Amendments
F3Substituted by Council Decision 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 (2005/834/EC).
F4Substituted by Decision (EU) 2018/1674 of the European Parliament and of the Council of 23 October 2018 amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in the Federative Republic of Brazil on fodder plant seed-producing crops and cereal seed-producing crops and on the equivalence of fodder plant seed and cereal seed produced in the Federative Republic of Brazil, and as regards the equivalence of field inspections carried out in the Republic of Moldova on cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops and on the equivalence of cereal seed, vegetable seed and oil and fibre plant seed produced in the Republic of Moldova.