HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 166/90
EN
Official Journal of the European Union
27.6.2012
COMMISSION IMPLEMENTING DECISION
of 25 June 2012
on the organisation of a temporary experiment under Council Directives 66/401/EEC, 66/402/EEC,
2002/54/EC, 2002/55/EC and 2002/57/EC as regards field inspection under official supervision for
basic seed and bred seed of generations prior to basic seed
(notified under document C(2012) 4169)
(Text with EEA relevance)
(2012/340/EU)
THE EUROPEAN COMMISSION,
supervision may also constitute an improved alternative
to requiring official field inspection as far as basic seed
and bred seed of generations prior to basic seed are
Having regard to the Treaty on the Functioning of the European
concerned. A temporary experiment should therefore be
Union,
organised to assess this alternative.
Having regard to Council Directive 66/401/EEC of 14 June
(3) Taking
into
account
the
experience
gained,
as
regards
1966 on the marketing of fodder plant seed ( 1 ), and in
certified seed, with field inspections under official super
particular Article 13a thereof,
vision, it is appropriate to carry out the experiment
applying the same provisions as apply to certified seed
in order to assess whether those provisions are suitable
Having regard to Council Directive 66/402/EEC of 14 June
for basic seed and bred seed of generations prior to basic
1966 on the marketing of cereal seed ( 2 ), and in particular
seed.
Article 13a thereof,
Having regard to Council Directive 2002/54/EC of 13 June
(4) It
is
necessary
to
release
Member
States
participating
in
the experiment from the obligations with respect to
2002 on the marketing of beet seed ( 3 ), and in particular
official field inspections provided for in Directives
Article 19 thereof,
66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC
and 2002/57/EC.
Having regard to Council Directive 2002/55/EC of 13 June
2002 on the marketing of vegetable seed ( 4 ), and in particular
Article 33 thereof,
(5) Member
States
participating
in
the
experiment
should
report annually.
Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants ( 5 ), and
in particular Article 16 thereof,
(6) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
Committee on Seeds and Propagating Material for Agri
culture, Horticulture and Forestry,
Whereas:
(1)
Official field inspections of the crop are a condition for
HAS ADOPTED THIS DECISION:
the certification of basic seed and bred seed of gener
ations prior to basic seed. As regards certified seed,
however, the possibility has been introduced some time
ago, to choose between official field inspections and field
Article 1
inspections under official supervision.
Subject matter
A temporary experiment is organised at Union level assessing,
(2) Providing
for
the
possibility
to
choose
between
official as regards certification of basic seed and bred seed of gener
field inspections and field inspections under official
ations prior to basic seed, whether the possibility to choose
between official field inspections and field inspections under
official supervision, carried out in accordance with Articles 2
( 1 ) OJ 125, 11.7.1966, p. 2298/66.
and 3, may constitute an improved alternative to official field
( 2 ) OJ 125, 11.7.1966, p. 2309/66.
inspections and whether the same provisions as apply to the
( 3 ) OJ L 193, 20.7.2002, p. 12.
( 4 ) OJ L 193, 20.7.2002, p. 33.
certification of certified seed are to be applied to basic seed and
( 5 ) OJ L 193, 20.7.2002, p. 74.
bred seed of generations prior to basic seed.

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EN
27.6.2012 Official
Journal
of
the
European
Union L
166/91
The purpose of that experiment is to decide whether, as regards
the requirements laid down in Annexes I to Directives
basic seed and bred seed of generations prior to basic seed, the
66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and
requirement of official field inspections may be replaced by a
2002/57/EC.
requirement of either official field inspections or field
inspections under official supervision as regards the following
provisions:
3. A proportion of at least 20 % of the crops shall be
checked by the competent authority, as regards vegetable
(a) Article 2(1)(B)(1)(d) of Directive 66/401/EEC and
crops covered by Directive 2002/55/EC. For all other crops
Article 14a(a) thereof and point (6) of Annex I thereto;
the proportion shall be at least 5 %. The following different
proportions shall be used to allow to establish an appropriate
level of check testing for the categories of basic seed and bred
(b) Article 2(1)(C)(d) of Directive 66/402/EEC, Article 2(1)(Ca)(c)
seed of generations prior to basic seed: 5, 10, 15 and 20 %.
thereof, Article 2(1)(D)(1)(d) thereof, Article 2(1)(D)(2)(b)
thereof, Article 2(1)(D)(3)(c) thereof and Article 14a(a)
thereof and point (7) of Annex I thereto;
4. A
proportion
of
samples
from
the
seed
lots
harvested
from the crops shall be drawn for official post-control and,
(c) Article 2(1)(c)(iv) of Directive 2002/54/EC and Article 21(a)
where appropriate, for official laboratory seed testing in
thereof and point (4) of Part A of Annex I thereto;
respect of varietal identity and purity. Member States shall
identify seed lots for which field inspection has been carried
out under official supervision.
(d) Article 2(1)(c)(iv) of Directive 2002/55/EC and Article 35(a)
thereof and point (2) of Annex I thereto;
5. The
Member
States
which
participate
in
the
experiment
(e) Article 2(1)(c)(iv) of Directive 2002/57/EC, Article
shall compare the official field inspections with those of the
2(1)(d)(1)(ii) thereof, Article 2(1)(d)(2)(iii) thereof and
same field inspected under official supervision.
Article 18(a) thereof and point (5) of Annex I thereto.
Article 2
Article 4
Inspectors carrying out inspections under official
Participation of Member States
supervision
Any Member State may participate in the experiment.
Participating Member States shall ensure that inspectors carrying
out inspections under official supervision fulfil the following
conditions:
Member States which decide to participate in the experiment
(‘the participating Member States’) shall inform the Commission
(a) They have the necessary technical qualifications.
and the other Member States indicating the species, categories
and regions covered by their participation and any restrictions.
(b) They derive no private gain in connection with the inspec
tions.
Member States may terminate their participation at any time by
informing the Commission accordingly.
(c) They have been officially licensed by the seed certification
authority of the Member State concerned to carry out
inspections under official supervision; licensing shall
Article 5
include either the swearing-in of inspectors or the
signature by inspectors of a written statement of
Release
commitment to the rules governing official inspections.
For the purposes of the experiment, participating Member States
are released, in respect of official field inspections of basic seed
(d) They carry out inspections under the supervision of the
and bred seed of generations prior to basic seed, from the
competent seed certification authority.
obligations provided for in Article 2(1)(B)(1)(d) of Directive
66/401/EEC and Article 14a(a) thereof and point (6) of
Annex I thereto, Article 2(1)(C)(d) of Directive 66/402/EEC,
Article 3
Article 2(1)(Ca)(c) thereof, Article 2(1)(D)(1)(d) thereof,
Article 2(1)(D)(2)(b) thereof, Article 2(1)(D)(3)(c) thereof and
Inspections of crops and harvested seeds
Article 14a(a) thereof and point (7) of Annex I thereto,
1. Participating
Member
States
shall
ensure
that
inspections Article 2(1)(c)(iv) of Directive 2002/54/EC and Article 21(a)
of crops and harvested seed fulfil the requirements provided for
thereof and point (4) of Part A of Annex I thereto,
in paragraphs 2 to 5.
Article 2(1)(c)(iv) of Directive 2002/55/EC and Article 35(a)
thereof and point (2) of Annex I thereto and Article 2(1)(c)(iv)
of Directive 2002/57/EC, Article 2(1)(d)(1)(ii) thereof,
2. The
crop
to
be
inspected
shall
be
grown
from
seed
which Article 2(1)(d)(2)(iii) thereof and Article 18(a) thereof and
has undergone official post-control, the results of which satisfy
point (5) of Annex I thereto.

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L 166/92
EN
Official Journal of the European Union
27.6.2012
Article 6
Article 7
Reporting obligations
Time period
1. Participating
Member
States
shall
for
each
year,
by
31
The experiment shall start on 1 January 2013 and end on
March of the following year, present to the Commission and
31 December 2017.
to the other Member States a report on the results of the
experiment carried out in accordance with Articles 2 and 3.
Article 8
Addressees
2. At the end of the experiment and in any case at the end
This Decision is addressed to the Member States.
of their participation, participating Member States shall by 31
March of the following year, present to the Commission and the
other Member States a report on the results of the experiment
Done at Brussels, 25 June 2012.
carried out in accordance with Articles 2 and 3.
For the Commission
This report may include other information they consider
John DALLI
relevant in view of the purpose of the experiment.
Member of the Commission

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Document Outline

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