Explanatory Memorandum to COM(2020)853 - Amending decisions on the equivalence of field inspections and of checks on practices for the maintenance of varieties of agricultural plant species carried out in the UK - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)853 - Amending decisions on the equivalence of field inspections and of checks on practices for the maintenance of varieties of ... |
|---|---|
| source | COM(2020)853  |
| date | 23-12-2020 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Council Decision 2003/17/EC 1 recognises the equivalence of certain third countries as regards field inspections and production of seed of certain species that are carried out in accordance with Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/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 Union.
The United Kingdom has submitted to the Commission a request for its fodder plant seed, cereal seed, beet seed and oil and fibre plant seed to be declared equivalent in accordance with Decision 2003/17/EC.
The Commission has carried out an examination of the applicable legislation of the United Kingdom. It was concluded that its requirements and system in place are equivalent to the ones of the Union and offer the same assurance as the Union’s system.
Therefore, it is appropriate to recognise the seed of the United Kingdom as equivalent to the respective seed harvested, produced and controlled in the Union.
The United Kingdom has also submitted to the Commission a request to recognise, pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, equivalence as regards the checks on practices of maintenance of varieties carried out in the United Kingdom.
The Commission has examined the relevant legislation of the United Kingdom and its equivalence with the provisions concerning the maintenance of varieties pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC. It concluded that the checks on practices for the maintenance of those varieties carried out in the United Kingdom afford the same assurances as those carried out by the Member States.
Therefore, it is appropriate to recognise equivalence as regards the official checks on practices for the maintenance of the varieties, regulated by those Directives, in the United Kingdom.
• Consistency with existing policy provisions in the policy area
This is a technical implementation of existing requirements and thus consistent with existing policy provisions in the policy area or marketing of seeds.
• Consistency with other Union policies
This proposal is in line with the aims of the Union trade and agricultural policy, because it will boost trade in seed that comply with the Union’s rules.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of this act is Article 43(2) TFEU, which empowers the European Parliament and the Council to establish provisions necessary for the pursuit of the objectives of the common agricultural policy.
• Subsidiarity (for non-exclusive competence)
Requirements for seed are regulated at the Union level. In order to guarantee that seed imported from the United Kingdom can move freely in the internal market, action at Union level is necessary.
• Proportionality
This is the only possible form of Union action to achieve the pursued objective.
• Choice of the instrument
A decision is the appropriate instrument for this technical implementation of existing requirements.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
N/A
• Stakeholder consultations
The Member States have been informed and consulted in the Standing Committee on Plants, Animal, Food and Feed. No separate consultation has been done, as the initiative only concerns technical implementation of existing rules and no separate consultation has taken place under similar initiatives in the past.
• Collection and use of expertise
The Commission has carried out a legislative analysis in exchange with the United Kingdom. The United Kingdom has transposed and implemented those Directives, and complied with those prior to its withdrawal from the Union. The United Kingdom has informed the Commission that this legislation will not change and will continue to apply from 1 January 2021.
• Impact assessment
This is a Decision of purely technical nature, implementing existing rules, thus there is no requirement for an impact assessment.
• Regulatory fitness and simplification
This proposal is not linked to REFIT. The proposal will retain trade of agricultural seeds between the United Kingdom and the Union. Equivalence would therefore contribute to the maintenance of the continuous supply of high quality seed in the Union. The proposal has no impact on compliance costs for operators. The ‘Digital Check’ is not applicable to this proposal.
• Fundamental rights
N/A
4. BUDGETARY IMPLICATIONS
None
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
N/A
• Explanatory documents (for directives)
N/A
• Detailed explanation of the specific provisions of the proposal
The single substantive provision in the proposal adds the United Kingdom to the list of countries, for which equivalence of field inspections, and maintenance of varieties, of seed-producing crops of cereal species and the equivalence of the produced seed has been recognised. This is based on the examination of the applicable legislation of the United Kingdom and the conclusion that its requirements and system in place offer the same assurance as the Union’s system. Following the addition of the United Kingdom on that list, the imports of seeds from the United Kingdom into the Union, as well as the maintenance of the respective varities in that country, shall be allowed.