SHORT REPORT. All the Member States were present. The Community Plant Variety Office (CPVO) and Norway participated as observers.

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1 SHORT REPORT OF THE MEETING OF THE STANDING COMMITTEE ON SEEDS AND PROPAGATING MATERIAL FOR AGRICULTURE, HORTICULTURE AND FORESTRY HELD ON 7 AND 8 MAY 2002 Chairman: Mr Del Bino (items and 6) Mr Valvassori (remaining items) All the Member States were present. The Community Plant Variety Office (CPVO) and Norway participated as observers.. CONTINUED DISCUSSION ON ADVENTITIOUS OR TECHNICALLY UNAVOIDABLE PRESENCE OF GENETICALLY MODIFIED SEEDS IN SEED OF NON-GENETICALLY MODIFIED PLANT VARIETIES The Commission recalled that this is the fourth discussion on the draft document and that it is the intention of the Commission to have an indicative vote at the beginning of July, followed by a notification to WTO and a subsequent vote in September. A summary of the meeting with 3 different stakeholders which took place on 3 May 2002 was made and in particular it was highlighted that all participants had insisted on the necessity to proceed with the discussions and to have the Directive adopted as soon as possible. The positions on the thresholds were presented, as well as the problem of the increased isolation distances and the option to concentrate on the obligations of result and the difficulty of the establishment of GM free areas. The Commission explained that after discussion with Member States in the different meetings and with stakeholders, it had come to the conclusion to propose some new approaches on the thresholds, on previous cropping and isolation requirements and on the possibility of no systematic control in some cases, but without the establishment of GM free zones for seed production. The idea was presented that the possibility to market seeds exceeding the threshold foreseen for authorised GM seeds with an appropriate labelling should be limited to a certain value above which the presence could not be considered as unintentional and unavoidable. When this level is exceeded, the seed lot would not be certified and would not be authorised to be put on the market. The figure of 5% was suggested, bearing in mind that this would apply to authorised GM thus posing no safety problem. Member States welcomed this concept, subject to consultation with relevant authorities. However, the level of 5% was considered as too high. The problem of liability was raised. The Commission confirmed to be aware of this problem, but indicated that it cannot be solved in this draft Commission act.

2 Another possible change regarding the requirements on previous cropping and isolation distances was presented. It is essential to concentrate on the requirements for the thresholds rather than on the manner to achieve the thresholds. This implies reference to the relevant provisions applicable under the current seed legislation, without setting specific beet and hybrid oilseed rape isolation distances. Moreover, the possibility to diminish the distances under certain conditions would be maintained and the general requirements as regards previous cropping should continue to apply. Most Member States reacted positively. A further change could imply the possibility for the certifying authority to carry out targeted rather than systematic controls in cases where there is no doubt that the thresholds are respected. The need to carry out systematic controls would be limited to cases of doubt. Official examination as well as examination under official supervision would remain possible. This would avoid unnecessary costs also in cases where GM free areas for seed production are not established. The reaction of Member States was again positive, subject to further consultation. The Commission explained that a revision clause would not be necessary, as it is generally possible for the Commission to amend the annexes of the seed Directives where necessary. The inclusion of chicory in the scope of the draft Directive was agreed. It was also agreed that the threshold for cotton should be raised to 0.5%. The group of experts on sampling will meet to adapt the sampling and testing plans to the above changes. Moreover, the specific sampling and testing methods for seed potatoes will be prepared by experts. The Commission will endeavour to present a revised draft text for the next meeting of the Standing Committee. 2. ORGANISATION OF A TEMPORARY EXPERIMENT ON THE MAXIMUM SEED LOT SIZE OF GRASS SPECIES The EU legislation on the marketing of seed of fodder plants (Council Directive 66/40/EEC) provides, in the case of grasses, a maximum lot size of 0 tonnes for seed testing. Current international practice, as adopted by the OECD and the International Seed Testing Association (ISTA), permits until June 2003 an increase of the maximum lot size for seed of grass species to 25 tonnes. A draft Decision was presented to the Committee for opinion. The purpose is to organise a temporary experiment at Community level in order to assess whether the maximum lot size for seed of grass species may be increased. The Member States that decide to participate will be released from the relevant conditions of Council Directive 66/40/EEC. Voting: 72 for and 5 abstentions. 2

3 3. VARIETIES NOT YET ACCEPTED FOR INCLUSION INTO AN OFFICIAL CATALOGUE Council Directive 98/95/EC amending the various directives on the marketing of seed, within the measures adopted to remove barriers to trade which may hinder the free movement of seeds within the Community, has laid down Community rules for placing on the market seeds of varieties not yet officially accepted. Some rules have been specified by the Council. Others should be adopted as implementing measures, in accordance with the Standing Committee procedure. It should be noted that the rules adopted by the Council for seeds of agricultural plant species differ from those applicable to seeds of vegetable species. The placing on the market of such seed requires an authorisation, by a Member State, of producers/breeders in its own territory. Seeds covered by such an authorisation could be marketed throughout the Community. The Committee continued to discuss the conditions under which the authorisations may be granted. It suggested that two groups of rapporteurs (one for agricultural plant species and one for vegetable plant species) be convened in order to progress further. 4. EXEMPTION FROM THE DEFINITION OF MARKETING Council Directive 98/95/EC provides that the supply of seed under certain conditions to providers of services for the production of certain agricultural raw material intended for industrial purposes, shall not be regarded as marketing, provided that the providers of services do not acquire title to either the seed thus supplied or the product of the harvest. The conditions for the application of such a provision shall be determined in accordance with the Standing Committee procedure. The Committee discussed the conditions as identified by an ad hoc group of rapporteurs: Limitation to varieties with specific technological characteristics; Limitation to seed of varieties traded in closed loop arrangements; In the case of GM varieties, the observance of the relevant legislation; Satisfaction of the current requirements regarding varietal identity; Satisfaction of the current requirements regarding plant health; Satisfaction of the current requirements regarding the adventitious or technically unavoidable presence of GM seed; Possible provisions on the marking and sealing of seed; Possible official control of seed production and seed; Possible inclusion of seed in the Community comparative trials. It was suggested that the rapporteurs should develop a working paper. 3

4 5. MEETING OF RAPPORTEURS ON LESS STRINGENT REQUIREMENTS, HELD ON MARCH 2002 Council Directive 98/95/EC provides that in order to remove any temporary difficulties in the general supply of seed that occurs in the Community and cannot be otherwise overcome, Member States may be authorised, in accordance with the Standing Committee procedure, to permit, for a specified period, the marketing throughout the Community, in quantities necessary to resolve the supply difficulties, of seed subject to less stringent requirements. The Committee noted that the most frequent case is that of reduced germination and considered four options as identified by the ad hoc group of rapporteurs: Establishment of rules for the application of the current legislation, Organisation of a temporary experiment at Community level in order to assess whether the relevant decisions may be adopted directly by the Member States, To move from the principle of compulsory minimum germination to that of declarable germination, or Revision of certain standards, which are currently difficult for the northern countries of the Community to achieve due to climatic conditions; After discussion and prior to the establishment by the rapporteurs of a working paper on the second option above, it was agreed to wait for Member States' comments in writing. 6. MEETING OF THE SUBGROUP ON THE COMMON CATALOGUES OF VARIETIES, HELD ON 0/ APRIL 2002 The Committee noted the following: An inventory of applications for the official acceptance, by Member States, of GM varieties for which trials were completed, but a decision not yet taken, as well as of those for which variety trials are in progress. No application has been made in A, EL, FIN, IRL, L. On the basis of this inventory, a detailed discussion took place. The applications concern essentially GM maize varieties, but also GM oilseed rape varieties, GM cotton varieties, GM tomato varieties, GM sugar beet and fodder beet varieties, GM chicory. For some of them, the authorisation under part C of Directive 90/220/EEC is still pending, whilst for others such an authorisation has already been granted. Others are lacking a complete novel food approval under Regulation 258/97/EC. In other cases, Member States have applied safeguard clauses under Directive 90/220/EEC or under Regulation 258/97/EEC. In some cases, the variety trials for official acceptance have been suspended or have not yet started. The case of the 8 GM maize varieties listed in the F, E, and NL catalogues pending the inscription in the Common Catalogue was also addressed. 4

5 Frequency of the publication of the common catalogues: the new goal should be seven supplements per year in the case of agricultural plant species and five in the case of vegetable species. Technical information to be published in the Official Journal: to be discussed by a group of rapporteurs Variety denominations: the cases of rejections were acknowledged, the concerns were expressed and the problems related to the denomination ÖKOSTAR were considered Consensus of MS, to notify, to the Commission, the information as received by the applicant whether a variety is genetically modified Electronic exchange of data: the procedure developed in the past should be resumed Accession of new countries to the EU: the official catalogues of several candidate countries were noted; a group of rapporteurs will establish a working plan to study the entry of the varieties concerned into the common catalogues. The Committee endorsed the above and suggested to discuss further whether a common electronic format should be used for the notification of the proposed denominations. 7. EU COMPARATIVE TRIALS With respect to the trials covered by Commission Decision 200/897/EC, the Committee noted: The 2002 timetable of meetings of the Committee of experts, at the place of the trials; A schedule for an ad hoc discussion on the conditions to be met by the seed crops and the seed of hybrid swede rape, at the place of the trials; Specific arrangements (variation as regards the layout of the trials; participation of stakeholders in the visits of the trials) in the case of shallots. With respect to new trials, the Committee suggested that a sub-group should prepare a draft of the technical protocols / instructions to the Member States, in a meeting scheduled for 20 June OTHER BUSINESS The Committee noted: (a) A schedule of the Spanish presidency for a Council meeting on 30 May 2002; (b) The consolidated text of five directives on the marketing of seed (66/400/EEC, 66/403/EEC, 69/208/EEC, 70/457/EEC and 70/458/EEC), to be adopted in a few weeks time by the Council; (c) The text of the Agreement between the EU and Switzerland on trade in Agricultural Products, to enter into force on June 2002; 5

6 (d) The agendas of OECD meetings to be held from 24 to 28 June 2002, Santa Cruz de la Sierra, Bolivia; (e) The results of a meeting of rapporteurs on forest reproductive material held from 8 to 9 April 2002 and the agenda of a sub-group scheduled for 22 May 2002; (f) In respect of material for the vegetative propagation of vine, the results of two meetings of rapporteurs held on 26 March 2002 and 26 April 2002, a letter of the Comité International des Pepiniéristes-viticulteurs and a schedule for a meeting of rapporteurs to be held on 2 June 2002; (g) A progress report (SANCO E ) on "conservation varieties"; (h) A request from the Federal Republic of Yugoslavia in respect of seed equivalence; (i) A letter from the Netherlands on True Potato Seed (TPS); (j) A report from the European Seed Association (ESA) on ESA s production trials and the ESA position on the inclusion of certification standards for hybrid swede rape in Council Directive 69/208/EEC. Alejandro Checchi Lang Director 6

7 List of participants to be joint to the Short Report Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry Date : 7-8 May 2002 Etat Ministère ou Organisme Nom des participants Membre B Ministère des Classes Moyennes et de l Agriculture DK Ministry of Food, Agriculture and Forestry, Plantedirektoratet D Bundessortenamt 3 EL Ministry of Agriculture 2 E F Ministerio de Agriculture Ministerio de Medio Ambiente Ministère de l agriculture et de la pêche Ministerio des Finances DGCERF IRL Ministry of Agriculture, Food and Forestry I Ministero delle Politiche Agricole e Forestali ENSE L ASTA NL Ministry of Agriculture Nature Management and Fisheries Naktuinbouw NAK A BFL P Ministerio de Agricultura FIN Ministry of Agriculture and Forestry 2 S Swedish Board of Agriculture UK DEFRA 2 N Norwegian Agr.Insp.Service/Landbrukstilsynet CPVO COM European Commission 9 2 7