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

• CELEX: Decision (EU) 2018/1674
• Articles: 4

Article 1 Amendments to Decision 2003/17/EC

Decision 2003/17/EC is amended as follows:

(1)

in Article 1, the introductory part is replaced by the following:

‘Field inspections concerning the seed-producing crops of the species specified in Annex I to this Decision carried out in the third countries listed in that Annex shall be considered equivalent to field inspections carried out in accordance with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC and 2002/57/EC and Council Directive 2002/55/EC  ( *1 ) provided that they:’;

( *1 )   Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed ( OJ L 193, 20.7.2002, p. 33 ).’;"

(2)

Article 2 is replaced by the following:

‘Article 2

Seed of the species specified in Annex I to this Decision, produced in the third countries listed in that Annex and officially certified by the authorities listed in that Annex shall be considered equivalent to seed complying with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, if it satisfies the conditions laid down in point B of Annex II to this Decision.’;

(3)

Article 3 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Where equivalent seed is “relabelled and refastened” in the Community, within the meaning of OECD Schemes for the Varietal Certification of Seed moving in International Trade, the provisions of Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC concerning the reclosing of packages produced in the Community shall apply by analogy.

The first subparagraph shall be without prejudice to the OECD rules applicable to such operations.’;

(b)

in paragraph 2, point (b) is replaced by the following:

‘(b)

for small EC packages within the meaning of Directives 66/401/EEC, 2002/54/EC or 2002/55/EC.’;

(4)

the Annexes to Decision 2003/17/EC are 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.

Schedules & Appendices

ANNEX

ANNEX

Annexes I and II to Decision 2003/17/EC are amended as follows:

(1)

Annex I is amended as follows:

(a)

in the table, the following entries are inserted in alphabetical order:

‘BR

Ministry of Agriculture, Livestock and Food Supply

Esplanada dos Ministérios, bloco D

70.043-900 Brasilia-DF

66/401/EEC

66/402/EEC’

‘MD

National Agency for Food Safety (ANSA)

str. Mihail Kogălniceanu 63,

MD-2009, Chisinau

66/402/EEC

2002/55/EC

2002/57/EC’

(b)

in the footnote to the table referred to in point (a), the following terms are inserted in alphabetical order: ‘BR — Brazil,’, ‘MD —the Republic of Moldova,’;

(c)

in the footnote to that table, the term ‘HR — Croatia,’ is deleted;

(2)

Annex II is amended as follows:

(a)

in point A, paragraph 1, the following indent is added:

‘—

vegetable seed, in the case of the species referred to in Directive 2002/55/EC.’;

(b)

point B is amended as follows:

(i)

in paragraph 1, first subparagraph, the following indent is added:

‘—

vegetable seed, in the case of the species referred to in Directive 2002/55/EC.’;

(ii)

in paragraph 2.1, the following indent is inserted after the third indent:

‘—

Directive 2002/55/EC, Annex II,’;

(iii)

paragraph 2.2 is replaced by the following:

‘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.’;

(iv)

paragraph 2.3 is replaced by the following:

‘2.3.

The examination shall be carried out officially or under official supervision in accordance with the ISTA Rules.’;

(v)

paragraph 2.4 is deleted;

(vi)

in paragraph 3.1, the second indent is replaced by the following:

‘—

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)”,’;

(vii)

paragraph 4 is replaced by the following:

‘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.’.