Source: European Parliament
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty 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(1),
Acting in accordance with the ordinary legislative procedure(2),
Whereas:
(1) Council Decision 2003/17/EC(3) provides that, under certain conditions, field inspections carried out on certain seed-producing crops in the third countries listed in Annex I to that Decision are to be considered equivalent to field inspections carried out in accordance with Union law and that, under certain conditions, seed of certain species produced in those third countries is to be considered equivalent to seed complying with Union law.
(2) In 2022, the Republic of Moldova submitted a request to the Commission for the granting of equivalence to its system of field inspections of seed-producing fodder plant crops and to fodder plant seed produced and certified in the Republic of Moldova.
(3) The Commission examined the relevant legislation of the Republic of Moldova. It also carried out, in 2016, an audit of the system of official controls and of certification of cereal, vegetable and oil and fibre plant seed in the Republic of Moldova and published its findings in a report. Following the receipt of additional documentation from the Republic of Moldova, the Commission considered that all recommendations made in the audit report had been addressed in a satisfactory manner. On the basis of the audit and the additional documentation, the Commission has concluded that the national authorities responsible for the implementation of seed certification in the Republic of Moldova are competent, have adequate facilities in place and operate appropriately. Those authorities are also responsible for field inspections of seed-producing fodder plant crops and for the certification of fodder plant seed.
(4) On the basis of the examination of the legislation of the Republic of Moldova and of the audit, the Commission has concluded that the field inspections of seed-producing fodder plant crops and the sampling, testing and official post-control of fodder plant seed in the Republic of Moldova are carried out appropriately and satisfy the requirements set out in Annex II to Decision 2003/17/EC and in Council Directive 66/401/EEC(4).
(5) In 2022, Ukraine submitted a request to the Commission for the granting of equivalence to its system of field inspections of seed-producing beet (Beta vulgaris), sunflower (Helianthus annuus) and swede rape (Brassica napus) crops and to the beet, sunflower and swede rape seed produced and certified in Ukraine.
(6) In 2023, Ukraine submitted a request to the Commission for the granting of equivalence to its system of field inspections of seed-producing soya bean (Glycine max) crops, and to the soya bean seed produced and certified in Ukraine.
(7) The Commission examined the relevant legislation of Ukraine. It also carried out, in 2015, an audit of the system of official controls and of certification of cereal seed in Ukraine and published its findings in a report. Following the receipt of additional documentation from Ukraine, the Commission considered that all recommendations made in the audit report had been addressed in a satisfactory manner. On the basis of the audit and the additional documentation, the Commission has concluded that the national authorities responsible for the implementation of seed certification in Ukraine are competent, have adequate facilities in place and operate appropriately. Those authorities are also responsible for the field inspections of seed-producing beet, sunflower, swede rape and soya bean crops, and for the certification of beet, sunflower, swede rape and soya bean seed.
(8) On the basis of the examination of the legislation of Ukraine and of the audit, the Commission has concluded that the field inspections of seed-producing beet, sunflower, swede rape and soya bean crops and the sampling, testing and official post-control of beet, sunflower, swede rape and soya bean seed in Ukraine are carried out appropriately and satisfy the requirements set out in Annex II to Decision 2003/17/EC and in Council Directives 2002/54/EC(5) and 2002/57/EC(6).
(9) The Republic of Moldova has been admitted, as regards fodder plants, to the Organisation for Economic Co-operation and Development Schemes for the Varietal Certification or the Control of Seed Moving in International Trade (´OECD Seed Schemes´).
(10) Ukraine has been admitted, as regards beet, sunflower, swede rape and soya bean, to the OECD Seed Schemes.
(11) The Republic of Moldova and Ukraine have seed laboratories accredited by the International Seed Testing Association. That fact provides additional assurance as to the quality of the inspections and of the seed produced in those countries and their compliance with Union law.
(12) It is therefore appropriate to grant equivalence as regards field inspections carried out in respect of seed-producing fodder plant crops in the Republic of Moldova, and as regards the fodder plant seed produced in the Republic of Moldova and officially certified by its authorities.
(13) It is also appropriate to grant equivalence as regards field inspections carried out in respect of seed-producing beet, sunflower, swede rape and soya bean crops in Ukraine, and as regards the seed of beet, sunflower, swede rape and soya bean produced in Ukraine and officially certified by its authorities.
(14) Decision 2003/17/EC should be therefore amended accordingly,
HAVE ADOPTED THIS DECISION:
Article 1
Amendments to Decision 2003/17/EC
Annex I to Decision 2003/17/EC is amended in accordance with the Annex to this Decision.
Article 2
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 3
Addressees
This Decision is addressed to the Member States.
Done at …,
For the European Parliament For the Council
The President The President
ANNEX
In Annex I to Decision 2003/17/EC, the table is amended as follows:
(1) the entry ‘MD’ is replaced by the following:
|
‘MD |
National Agency for Food Safety (ANSA) str. Mihail Kogălniceanu 63, MD-2009, CHIŞINĂU |
66/401/EEC 66/402/EEC 2002/55/EC 2002/57/EC’ |
;
(2) the entry ‘UA’ is replaced by the following:
|
‘UA |
Ministry of Agrarian Policy and Food of Ukraine Khreshchatyk str. 24, 01001 KYIV |
66/402/EEC 2002/54/EC 2002/57/EC – only in respect of Brassica napus, Glycine max and Helianthus annuus’ |
|