PURPOSE: to recognise the equivalence of legal requirements and official controls of Brazil and Moldova for the certification of seeds.

LEGISLATIVE ACT: Decision (EU) 2018/1674 of the European Parliament and of the Council 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.

CONTENT: the Decision aims to grant equivalence with regard to:

- field inspections carried out in respect of fodder plant seed-producing crops and cereal seed-producing crops in Brazil;

- fodder plant seed and cereal seed produced in Brazil and officially certified by its authorities;

- field inspections carried out in respect of cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops in the Republic of Moldova;

- cereal seed, vegetable seed and oil and fibre plant seed produced in the Republic of Moldova and officially certified by its authorities.

The Commission examined the relevant legislation of Brazil, and, based on an audit carried out in 2016 concerning the system of official controls and of certification of fodder plant and cereal seed in Brazil, and its equivalence with Union requirements.

Following the audit carried out in 2016 on the Brazilian and Moldovan official controls and seed certification systems for fodder plants and cereals, as well as their equivalence with EU requirements, it was concluded that field inspections of seed producing crops, sampling, testing and official post-controls of fodder plant and cereal seed are carried out correctly and that the national authorities responsible for the implementation of seed certification in Brazil and Moldova are competent and operating effectively.

ENTRY INTO FORCE: 11.12.2018.

The European Parliament adopted by 543 votes to 75, with 45 abstentions, a legislative resolution on the proposal for a decision of the European Parliament and of the Council amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in 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 Brazil, and as regards the equivalence of field inspections carried out in 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 Moldova.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

The Regulation aims to grant equivalence in respect of field inspections relating to:

fodder plant seed-producing crops and cereal seed-producing crops, and to fodder plant seed and cereal seed produced and certified in Brazil and as regards fodder plant seed and cereal seed produced in Brazil and officially certified by its national authorities; cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops in Moldova , and as regards cereal seed, vegetable seed and oil and fibre plant seed produced in Moldova and officially certified by its authority.

Taking into consideration the applicable rules of the International Seed Testing Association (ISTA), it is appropriate that the third country concerned provide an official statement that the seed has been sampled and tested in accordance with the provisions set out in the ISTA International Rules for Seed Testing ('ISTA Rules') with regard to Orange International Seed Lot Certificates, and that the seed lots be accompanied by such a certificate.

In view of the expiry of the 'Derogatory experiment on seed sampling and seed analysis' set out in Annex V(A) to the Decision adopted by the Council of the Organisation for Economic Co-operation and Development (OECD) on 28 September 2000 on the OECD Schemes for the Varietal Certification of Seed Moving in International Trade, any reference to that experiment should be deleted.

Any reference to Croatia as a third country should be deleted, in view of its accession to the Union in 2013.

The Committee on Agriculture and Rural Development adopted the report by Adam SIEKIERSKI (EPP, PL) on the proposal for a decision of the European Parliament and of the Council amending Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in 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 Brazil, and as regards the equivalence of field inspections carried out in 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 Moldova.

The committee responsible recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

The purpose of this Regulation would be to grant equivalence in respect of field inspections relating to:

fodder plant seed-producing crops and cereal seed-producing crops, and to fodder plant seed and cereal seed produced and certified in Brazil and as regards fodder plant seed and cereal seed produced in Brazil and officially certified by its national authorities; cereal seed-producing crops, vegetable seed-producing crops and oil and fibre plant seed-producing crops in Moldova , and as regards cereal seed, vegetable seed and oil and fibre plant seed produced in Moldova and officially certified by its authority.

Taking into consideration the applicable rules of the International Seed Testing Association (ISTA), it is appropriate that the third country concerned provide an official statement that the seed has been sampled and tested in accordance with the provisions set out in the ISTA International Rules for Seed Testing ('ISTA Rules') with regard to Orange International Seed Lot Certificates, and that the seed lots be accompanied by such a certificate.

Any reference to Croatia as a third country should be deleted, in view of its accession to the Union in 2013.

PURPOSE: to recognise the equivalence of legal requirements and official controls of Brazil and Moldova for the certification of seeds.

PROPOSED ACT: Decision of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Council Decision 2003/17/EC grants equivalence to certain non-EU countries as regards field inspections and production of seed of certain species that are carried out in accordance with Union law. The national provisions governing seed harvested and controlled in these countries afford the same assurances as regards the seed’s characteristics and the arrangements for examining it, for ensuring seed identification, for marking and for control as the provisions applicable to seed harvested and controlled within the European Union.

Since Brazil and Moldova are not among these non-EU countries, seed harvested there cannot be imported into the EU.

Brazil submitted a request to the Commission that its fodder plant and cereal seed be covered by Council Decision 2003/17/EC as regards the equivalence of such seed. Moldova has submitted a request for the Commission to grant equivalence to its system of field inspections of cereal, vegetable and oil and fibre plant seed, and to cereal, vegetable and oil and fibre seed produced and certified in Moldova.

After audits of the field inspections and seed certification systems in Brazil and Moldova, the Commission concluded that the requirements and systems in place in these two countries are equivalent to the EU's and provide the same assurances.

CONTENT: the Commission proposes to amend Decision 2003/17/EC in order to:

grant equivalence as regards field inspections carried out in respect of fodder plant and cereal seed in Brazil, and as regards fodder plant and cereal seed produced in Brazil and officially certified by its authorities; grant equivalence as regards field inspections carried out in respect of cereal, vegetable and oil and fibre plant seed in Moldova, and as regards cereal, vegetable and oil and fibre plant seed produced in Moldova and officially certified by its authorities.