Council Decision of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries (Text with EEA relevance) (2003/17/EC)

[F1 Article A1 U.K.

1. In this Decision, “the Seeds Marketing Regulations” means—

• (a)

  in relation to England, the Seed Marketing Regulations 2011;

  (b)

  in relation to Wales, the Seed Marketing (Wales) Regulations 2012;

  (c)

  in relation to Scotland—

  (i)

  in relation to vegetable seed, the Vegetable Seeds Regulations 1993;

  (ii)

  in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (Scotland) Regulations 2004;

  (iii)

  in relation to cereal seed, the Cereal Seed (Scotland) Regulations 2005;

  (iv)

  in relation to fodder plant seed, the Fodder Plant Seed (Scotland) Regulations 2005;

  (v)

  in relation to beet seed, the Beet Seed (Scotland) (No 2) Regulations 2010;

  (d)

  F2 ...

• a “country granted equivalence” means a country that has been assessed by, in relation to England, the Secretary of State, in relation to Wales, the Welsh Ministers, and in relation to Scotland, the Scottish Ministers that the seed from that country is produced under conditions equivalent to the requirements in the Seeds Marketing Regulations for seed to which those Regulations apply.]

Textual Amendments

F1 Art. A1 inserted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(2) (as amended by S.I. 2020/1388, regs. 1(2)(a), 30(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. A1(1) omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(2)

[F3 Article 1 U.K.

[F4 Field inspections concerning the seed-producing crops of the species specified in Annex I to this Decision F5 ... carried out in the F6 ... countries listed in that Annex shall be considered equivalent to field inspections carried out in accordance with [F7 the Seeds Marketing Regulations] and Council Directive 2002/55/EC(1) provided that they:]

(a)

are carried out officially by the authorities listed in Annex I, or under the official supervision of those authorities;

(b)

satisfy the conditions laid down in point A of Annex II.

Textual Amendments

F3 Substituted by Council Decision of 8 November 2005 on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC (2005/834/EC).

F4 Substituted by 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.

F5 Words in Art. 1 omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(3)

F6 Word in Art. 1 omitted (31.12.2020) by virtue of by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(3)(b) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 30(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 1 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(3)(c) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 30(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F4 Article 2 U.K.

Seed of the species specified in Annex I to this Decision F8 ..., produced in the F9 ... countries listed in that Annex and officially certified by the authorities listed in that Annex shall be considered equivalent to seed complying with [F10 the Seeds Marketing Regulations], if it satisfies the conditions laid down in point B of Annex II to this Decision.]]

Textual Amendments

F3 Substituted by Council Decision of 8 November 2005 on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC (2005/834/EC).

F4 Substituted by 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.

F8 Words in Art. 2 omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(3)

F9 Words in Art. 2 omitted (31.12.2020) by virtue of by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(3A)(b) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 30(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2 substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(3A)(c) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 30(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

[F4 1. Where equivalent seed is ‘relabelled and refastened’ in [F11 Great Britain], within the meaning of OECD Schemes for the Varietal Certification of Seed moving in International Trade, the provisions of [F12 the Seeds Marketing Regulations] concerning the reclosing of packages produced in [F13 England, Wales or Scotland, as the case may be,] shall apply by analogy.

F14 ...]

2. Where relabelling and refastening in [F15 Great Britain] of equivalent seed is necessary, [F16 labels shall be used stating F17 ... “GB rules and standards” only]:

(a) if seeds produced in [F18 Great Britain] and seeds of the same variety and category produced in [F19 countries listed in Annex 1] are blended in order to improve the germination capacity, provided that:

• (a) the blend is homogeneous, and

• the label mentions each country of production; or

[F4 (b) for [F20 beet, fodder or vegetable seed, small] packages within the meaning of [F21 the Seeds Marketing Regulations].]

Textual Amendments

F4 Substituted by 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.

F11 Words in Art. 3(1) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(4)(a)(i)

F12 Words in Art. 3(1) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 3(1) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(4)(a)(ii)

F14 Words in Art. 3(1) omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(4)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 3(2) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(4)(b)(i)(aa)

F16 Words in Art. 3(2) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(4)(b)(ii) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 30(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 3(2) omitted (15.4.2021) by virtue of The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(4)(b)(i)(bb)

F18 Words in Art. 3(2)(a) substituted (15.4.2021) by The Vegetable and Ornamental Plant Propagating Material and Fodder Plant Seed (Amendment) Regulations 2021 (S.I. 2021/393), regs. 1(1), 6(4)(b)(ii)

F19 Words in Art. 3(2)(a) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(4)(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 3(2)(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(4)(b)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 3(2)(b) substituted (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(4)(b)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F22 Article 4 U.K.

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Textual Amendments

F22 Deleted by Decision No 1105/2012/EU of the European Parliament and of the Council of 21 November 2012 amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production (Text with EEA relevance).

F22 Article 5 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Deleted by Decision No 1105/2012/EU of the European Parliament and of the Council of 21 November 2012 amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production (Text with EEA relevance).

Article 6 U.K.

This Decision shall apply from 1 January 2003 to [F23 31 December 2029].

Textual Amendments

F23 Words in Art. 6 substituted (E.) (30.12.2022) by The Seed (Equivalence) (Amendment) (England) Regulations 2022 (S.I. 2022/1274), regs. 1, 3(2); and (W.) (30.12.2022) by The Seed (Equivalence) (Amendment) (Wales) Regulations 2022 (S.I. 2022/1276), regs. 1, 2(2); and (S.) (30.12.2022) by The Seed (Equivalence of Countries) (Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/328), regs. 1(1), 2

F24 Article 7 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Art. 7 omitted (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162), regs. 1(2)(b), 6(5); 2020 c. 1, Sch. 5 para. 1(1)