Frø og vegetativt formeringsmateriale - Komitésag
4 for phytosanitary
purposes by the competent authority of
the Member State for all
varieties of a given species in the area where the
seed or seed po-
tatoes are to be used, and
(b)
produced without the
use of genetically modified organisms
and/or any products derived from such
organisms.
4
OJ L 169, 10.7.2000, p. 1.
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Article 4
Competent bodies
Each Member State shall designate one or several
authorities or bodies, which shall
be under its supervision, for the
granting of authorisations.
Article 5
Database
1.
Each Member
State shall ensure that a computerised database is estab-
lished for the
listing of the varieties for which seed and seed potatoes
obtained by the
organic production method prescribed in Article 6(2) of
Regulation (EEC) No
2092/91 are available on its territory.
2.
The database shall be
managed either by the competent authority in the
Member State or by an
authority or body designated for this purpose by
the Member State,
hereinafter referred to as “manager of the database'.
Member States may also
designate an authority or a private body in an-
other country.
3.
Each Member State shall inform the Commission and the other Member
States of the authority or private body designated to manage the data-
base.
Article 6
Registration
1.
Varieties for which
seed and seed potatoes produced by the
organic
production method are available shall
be registered in the database at
the request
of the supplier.
2.
Any variety which has not been registered in the
database shall be con-
sidered as unavailable with regard to the application
of the derogation.
3.
Each Member State shall decide in which period of
the year the data-
base has to be regularly
updated for each species or group of species
cultivated on its territory.
Article 7
Conditions for registration
1.
In order to make a new registration the supplier shall:
(a)
on
request of the manager of the
database, demonstrate, on the
basis of a
declaration from the inspection authority or
body re-
ferred to in Article 9 of Regulation (EEC)
No 2092/91, that the
material has been subject to the inspection system
referred to in
Article 8 of that Regulation;
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(b)
on
request of the manager of the
database, demonstrate that the
seed complies
with the general requirements applicable to
seed
and reproductive material;
(c)
make available
all the information required under article
8, and
engage himself to update this
information at the request of the
manager of the database or whenever such updating is necessary
to ensure
that the information remains reliable.
2.
The manager of the
database may, with the approval by the competent
authority of the Member
State, refuse a supplier's application for regis-
tration or delete an
already accepted registration if the supplier does not
comply with the
requirements set out in this article.
Article 8
Registered information
1.
For each registered variety and for
each supplier, the database shall
contain at
least the following information:
(a)
the scientific name of the species
and the variety denomination;
(b)
the name, address and other contact
details of the supplier or his
representative;
(c)
the area
where the supplier can deliver the
material to the user
during the usual time needed
for the delivery;
(d)
the date from which the seed and seed
potatoes will be available;
(e)
the name of the inspection authority or
body in charge of the in-
spection of the material as referred to in Article
9 of Regulation
(EEC) No 2092/91;
2.
The supplier
shall immediately inform the manager of the
database if
any of the registered varieties are no longer available,
and the manager
of the database shall then put the relevant information in
the database.
3.
Besides the information specified
in paragraph 1, the database shall
contain a list of the species listed in the Annex to this Regulation.
Article 9
Access to information
1.
The information of the database
shall be available through the Internet,
free of cost, to the seed users and
to the public. The Member State may
decide that producers
who are registered according to Article
8 of
Regulation (EEC) No 2092/91 shall obtain, at request, an
extract of data
concerning one or several groups of species from the
database manager.
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2.
The Member
States shall ensure that all producers who are registered
according to Article 8 of Regulation (EEC) No 2092/91 are informed, at
least
once a year, about the system and how to obtain the information in
the
database.
Article 10
Registration fee
Each registration may be
subject to the levying of a fee, which shall represent the
cost of
introducing and maintaining the information in the database. The compe-
tent
authority of the Member State shall approve the level of the fee practised by
the manager of the database.
Article 11
Conditions for
granting authorisations
1.
Authorisation to use seed and seed potatoes
not obtained by the organic
production method may only be granted in the
following cases:
(a)
if no variety of the species which the user
wants to obtain is regis-
tered in the database.
(b)
if the supplier
is unable to deliver the material before sowing or
planting in situations
where the user has ordered the material in
reasonable time.
(c)
if
the variety which the user of seed wants to obtain is not regis-
tered in
the database, and the user is able to demonstrate that none
of the
registered alternatives of the same species are appropriate
and that the
authorisation therefore is significant for his produc-
tion.
(d)
if
it is justified for use in research, test in small-scale field trials
or for
variety conservation purposes agreed by the competent au-
thority of the
Member State.
2.
The authorisation shall be granted before the
sowing of the crop.
3.
The authorisation shall
be granted only to individual users
for one
growing season and the authority or body responsible for
the authorisa-
tions shall register the quantities of seed or seed potatoes
requested.
4.
By way of derogation from paragraph 3, the competent
authority may,
when there is no organically produced seed available from a
given spe-
cies and the competent authority expects that this will not be
the case
for the rest of the growing season, authorise the use of
non-organic seed
or seed potatoes during the period referred to in article
6(3). Such au-
thorisations shall be clearly
indicated in the database. If seed or
seed
potatoes from the species in
question are registered in the database
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later, the
competent authority shall immediately withdraw
the
authorisation.
5
Authorisation may only be granted
during periods for which the data-
base is updated in accordance with
Article 6(3).
Article 12
Annual report
1.
The authority or body
designated to grant authorisations in accordance
with Article 4 shall
register all authorisations, and shall make this in-
formation available in
a report to the competent authority and the man-
ager of the database. The
report shall, for each species concerned by an
authorisation according to
article 11(1), contain the following informa-
tion:
(a)
the
scientific name of the species and the variety denomination;
(b)
the justification for the authorisation indicated by a reference to
Article
11(1) (a), (b), (c) or (d);
(c)
the total number of authorisations;
(d)
the total quantity of seed and seed potatoes involved:
(e)
the
potential chemical treatment for phytosanitary purposes, as re-
ferred to in
Article 3(a).
2
For authorisations according to article 11(4) the report
shall contain the
information referred to in paragraph 1(a) and the period
for which the
authorisation were in force.
3.
The competent
authority of the Member State shall, before 31 Decem-
ber each year, collect
the reports and send a summary report covering
all authorisations
of the Member State to the Commission
and to the
other Member States. The competent authority
may delegate the task of
collecting the reports to the manager of the
database. The manager of
the database shall, before 31 December each year,
publish the summary
report in the database with the information received
according to para-
graph 1.
4.
Upon request,
detailed information on authorisations granted
in indi-
vidual cases shall be made available to other Member
States or to the
Commission.
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Article 13
Entry into force and application
This Regulation shall
enter into force on the twentieth day
following that of its
publication in the Official
Journal of the European Communities.
It shall apply from 1 January
2004.
This Regulation shall be binding in
its entirety and directly applicable in
all
Member States.
Done at Brussels, […]
For the Commission
[…]
Member of the Commission
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ANNEX
(empty,
will be completed at a later stage)