Decision 2021/537 - Amendment of Council Decisions 2003/17/EC and 2005/834/EC as regards the equivalence of field inspections and the equivalence of checks on practices for the maintenance of varieties of agricultural plant species carried out in the United Kingdom

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1.

Current status

This decision has been published on March 29, 2021 and entered into force on January  1, 2021.

2.

Key information

official title

Decision (EU) 2021/537 of the European Parliament and of the Council of 24 March 2021 amending Council Decisions 2003/17/EC and 2005/834/EC as regards the equivalence of field inspections and the equivalence of checks on practices for the maintenance of varieties of agricultural plant species carried out in the United Kingdom
 
Legal instrument Decision
Number legal act Decision 2021/537
Original proposal COM(2020)853 EN
CELEX number i 32021D0537

3.

Key dates

Document 24-03-2021; Date of signature
Publication in Official Journal 29-03-2021; OJ L 108 p. 4-7
Signature 24-03-2021
Effect 01-01-2021; Application See Art 2
29-03-2021; Entry into force Date pub. See Art 2
End of validity 31-12-9999

4.

Legislative text

29.3.2021   

EN

Official Journal of the European Union

L 108/4

 

DECISION (EU) 2021/537 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 24 March 2021

amending Council Decisions 2003/17/EC and 2005/834/EC as regards the equivalence of field inspections and the equivalence of checks on practices for the maintenance of varieties of agricultural plant species carried out in the United Kingdom

(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 produced in accordance with Union law.

 

(2)

Council Decision 2005/834/EC (4) establishes rules on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries. It provides that the official checks on practices for the maintenance of varieties carried out in those third countries and by the authorities listed in the Annex to that Decision, for the species covered by the Directives referred to for each of those third countries, are to afford the same guarantees as those carried out by Member States.

 

(3)

The United Kingdom has transposed and effectively implemented Council Directives 66/401/EEC (5), 66/402/EEC (6), 2002/53/EC (7), 2002/54/EC (8), 2002/55/EC (9) and 2002/57/EC (10), as well as the implementing acts adopted pursuant to those Directives. Those implementing acts set out the rules on the basis of which those Directives recognise the equivalence concerned.

 

(4)

Union law, including Decisions 2003/17/EC and 2005/834/EC, was applicable to and in the United Kingdom during the transition period that ended on 31 December 2020, in accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (11) (the ‘Withdrawal Agreement’), and in particular Article 126 and Article 127(1) thereof.

 

(5)

In view of the end of the transition period provided for in the Withdrawal Agreement, the United Kingdom has submitted a request to the Commission for the recognition of equivalence, from 1 January 2021, of fodder plant seed, cereal seed, beet seed, vegetable seed and seed of oil and fibre plants produced in the United Kingdom to fodder plant seed, cereal seed, beet seed, vegetable seed and seed of oil and fibre plants produced in the Union and in compliance with Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC.

 

(6)

The United Kingdom has also requested the recognition of equivalence as regards the checks on practices for the maintenance of varieties carried out in the United Kingdom pursuant to Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC, and also to Directive 2002/53/EC.

 

(7)

The United Kingdom has informed the Commission that its legislation transposing Directives 66/401/EEC, 66/402/EEC, 2002/53/EC, 2002/54/EC, 2002/55/EC and 2002/57/EC will not change and would continue to apply from 1 January 2021.

 

(8)

The...


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5.

Original proposal

 

6.

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