Explanatory Memorandum to COM(2024)52 - Amendment of Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in Moldova on fodder plant seed-producing crops and on the equivalence of fodder plant seed produced in Moldova, and as regards the equivalence of field inspections carried out in Ukraine on beet seed-producing crops and oil plant seed-producing crops and on the equivalence of beet seed and oil plant seed produced in Ukraine - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)52 - Amendment of Council Decision 2003/17/EC as regards the equivalence of field inspections carried out in Moldova on fodder ... |
|---|---|
| source | COM(2024)52  |
| date | 05-02-2024 |
•Reasons for and objectives of the proposal
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 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 European Union. That equivalence system contributes to the maintenance of the continuous supply of high quality seed in the Union.
The Republic of Moldova is included in those non-EU countries since 2018 as regards cereal seed, vegetable seed and seed of oil and fibre plants. In 2022 the Republic of Moldova submitted a request to the Commission that fodder plant seed is covered by the equivalence set out in Council Decision 2003/17/EC.
Ukraine is included in those non-EU countries since 2020 as regards cereal seed. In 2022 Ukraine submitted a request to the Commission that seed of beet, sunflower and swede rape is covered by the equivalence set out in Council Decision 2003/17/EC. In 2023 Ukraine submitted an additional request for seed of soya bean.
Following those requests, the Commission has examined the applicable legislations of the Republic of Moldova and of Ukraine. It concluded that the requirements and systems in place in those countries are equivalent to the ones of the Union and offer the same assurance as the Union’s system.
The proposal aims to grant equivalence with EU requirements for seed of fodder plants produced in the Republic of Moldova and officially certified by its authorities; and for seed of beet, sunflower, and swede rape produced in Ukraine and officially certified by its authorities. This will make it possible to import seed of those species from the respective countries into the EU.
The proposal will therefore stimulate seed trade between the Republic of Moldova and the EU and between Ukraine and the EU. It will allow companies that are entitled to multiply varieties included in the EU common catalogue of varieties to invest in seed production capacities in those countries. This will allow EU-based companies to diversify their seed production areas and therefore contribute to reducing risks and to maintaining the continuous supply of high quality seed in the EU.
•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
By aiming to safeguard the smooth continuation of trade in seed and the maintenance of the continuous supply of high-quality seed in the Union, this proposal is consistent with the objectives of the common agricultural policy.
Additionally, this proposal is in line with the aims of the EU-Moldova and the EU-Ukraine Association Agreements, because it will boost trade in seed that complies with the Union’s rules.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
The legal basis of this act is Article 43(2) of the Treaty on the Functioning of the European Union (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)
The TFEU qualifies agriculture as shared competence between the EU and its Member States. However, the sector, including the rules on marketing of seed, has been largely regulated at EU level. Therefore, in accordance with Article 2(2) of the TFEU, legislation in this field is predominantly a role for the EU institutions. The requirements for seed marketing are regulated at the Union level. In order that imported seed can move freely in the Single 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
The legal instrument is provided for by Article 43(2) of the TFEU and the relevant secondary legislation: Article 16(1) of Directive 66/401/EEC, Article 23(1) of Directive 2002/54/EC and Article 20(1) of Directive 2002/57/EC.
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
Not applicable.
•Stakeholder consultations
There have been no public consultations as this is a technical initiative of limited interest for the general public. Furthermore, there have been no targeted stakeholder consultations as equivalence to the EU requirements for seed and field inspections carried out in respect of seed-producing crops has already been granted to the Republic of Moldova and to Ukraine for other crops.
•Collection and use of expertise
The Commission has assessed the relevant legislations of the Republic of Moldova and of Ukraine. Furthermore, based on inspections carried out previously by its services in those countries, it has produced reports presenting information justifying the initiative. Additionally, both countries have been admitted to the relevant Organisation for Economic Cooperation and Development (OECD) Seed Schemes for the Varietal Certification of Seed moving in International Trade Trade, and have seed laboratories accredited by the International Seed Testing Association (ISTA). The EU and its Member States are closely involved in the development of the OECD schemes and the ISTA methods. The EU legislation is based on them and exports of seed from Member States to third countries take place in accordance with their provisions.
•Impact assessment
This is a Decision of purely technical nature, implementing existing rules. The granting of equivalence of field inspections carried out in third countries on seed-producing crops and of equivalence of seed produced in third countries is based on the OECD Seed Schemes for the Varietal Certification of Seed moving in International Trade and the methods of the International Seed Testing Association (ISTA). No significant economic, social or environmental impacts are expected, thus an impact assessment is not justified.
•Regulatory fitness and simplification
This proposal is not linked to REFIT. The proposal has no impact on compliance costs for operators. The “Digital Check” is not applicable to this proposal.
•Fundamental rights
This proposal does not have consequences for the protection of fundamental rights.
This proposal does not have budgetary implications.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
No implementation plans or monitoring, evaluation and reporting arrangements are required.
•Explanatory documents (for directives)
Not applicable.
•Detailed explanation of the specific provisions of the proposal
The single substantive provision in the proposal grants equivalence to applicable Union law:
(a)as regards field inspections carried out in respect of fodder plant seed-producing crops in the Republic of Moldova, and as regards fodder plant seed produced in the Republic of Moldova and officially certified by its authorities; and
(b)as regards field inspections carried out in respect of seed-producing crops of beet, sunflower, swede rape and soya bean in Ukraine, and as regards seed of beet, sunflower, swede rape and soya bean produced in Ukraine and officially certified by its authorities.