EXECUTIVE REGULATION 01/06/12 RELATED TO FUNCTIONS, ORGANIZATION, OPERATIONS AND FINANCING OF WEST AFRICAN SEED COMMITTEE OF THE COMMUNITY

Transcription

1 ECONOMIC COMMUNITY OF WEST AFRICAN STATES COMMUNAUTE ECONOMIQUE DES ETATS D'AFRIQUE DE L'OUEST EXECUTIVE REGULATION 01/06/12 RELATED TO FUNCTIONS, ORGANIZATION, OPERATIONS AND FINANCING OF WEST AFRICAN SEED COMMITTEE OF THE COMMUNITY THE CHAIRMAN OF THE COMMISSION, MINDFUL of Article 9 paragraph 2 (c) of new ECOWAS Revised Treaty as amended by the Additional Act A / SA. 01/03/10 of February 16, 2010; MINDFUL of Article 9 of AP.1/06/06 Protocol related to amendment of the ECOWAS Treaty; MINDFUL of the Regulation C/REG.4/05/2008 related to the harmonization of rules governing quality control, certification and marketing of plant seeds and seedlings in ECOWAS Region; MINDFUL of Decision A/DEC.11/01/05 relating to adoption of ECOWAS Agricultural Policy; MINDFUL of Decision C/DEC.1/5/81 on aspects of the fight against hunger, extension of certain plant varieties and animal races, financing of research programs and agricultural projects on storage and processing of agricultural products;

2 Executive Regulation 01/06/12 related to the Functions, Organization, Operations and page 2 of 8 MINDFUL of Decision C/DEC.5/5/81 relating to foundation seed production of improved varieties of plants and to choice of production stations; MINDFUL of Decision C/DEC.1/05/83 relating to short and long term programs on the implementation of the regional agricultural development strategy; MINDFUL of Decision C/DEC.14/12/90 on the establishment of a Subregional Seed Committee; MINDFUL of Decision C/DEC.16/12/90 establishing inter-states technical committees in charge to monitor the trends of agricultural product prices; CONSIDERING the necessity to create an enabling legal environment favorable for the development of a regional market for agricultural inputs; RECALLING that provisions of Article 10 of the Regulation C/REG.4/05/2008 mentioned above, establishing a West Africa Seed Commmittee (/COASem), enacts in its paragraph 4, the adoption by ECOWAS Commission, of an executive regulation defining functions, organization, operations and financing of the aforementioned committee. EAGER of ensuring effective and continuous collaboration with WAEMU/UEMOA, in the implementation of this Executive Regulation; DESIROUS of ensuring a facilitated implementation and monitoring of the Community Regulation into force, on quality control, certification and marketing of plant seeds and seedlings in Member States;

3 page 3 of 8 ENACTS CHAPTER I: GENERAL PROVISIONS Article 1: Definitions For the purposes of this executive regulation: CATALOGUE OF PLANT SPECIES AND VARIETIES means the official document containing the list of all registered plant species and varieties in a Member State; WEST AFRICAN CATALOGUE OF PLANT SPECIES AND VARIETIES means the catalogue of plant species and varieties common to Member States, hereinafter known as WACPSV ; CERTIFICATION means the culmination of seed quality control process in the field or in laboratory, leading to assurance that the seeds conform to minimum standards of varietal purity, through genealogical parentage and a system of maintenance breeding of varietal characteristics, in accordance with the provisions of the technical regulations in force; MARKETING means the sale, conservation for the purpose of sale, sale offer and any form of cession, supply or transfer for the purpose of commercial transaction, of seeds or seedlings with or without remuneration; ECOWAS means the Economic Community Of West African States;

4 page 4 of 8 COMMISSION means the ECOWAS Commission; COMMUNITY means the Economic Community Of West African States; QUALITY CONTROL means the range of activities carried out by the competent services to verify the varietal or genetic purity of seeds, their physiological and sanitary conditions, as well as their technological standards, to conform to executive regulations in force in Member States; WASC/COASem means West Africa Seed Committee; VARIETY APPROVAL (RELEASE) means the process through which plant varieties are registered to the catalogue of plant species and varieties; NORMS means a set of benchmarks for the evaluation of seed quality. SEED means any plant material or organ or part of plant organ, such as grain, shoot, bulb, scion, rhizome, tuber or embryo, able to reproduce an individual; WAEMU/UEMOA means West African Economic and Monetary Union. Article 2: Purpose The purpose of this Executive Regulation is to specify the functions, organization, operations and financing of the West Africa Seed Committee (WASC/COASem), with respect to the provisions of article 10, paragraph 4, of the Seed Regulation C/REG.4/05/2008 related to the harmonization of rules governing quality control, certification and marketing of plant seeds and seedlings in ECOWAS Region.

5 page 5 of 8 Article 3: Mission With respect to the provisions of Article 10, paragraph 1 of the aforementioned Regulation C/REG.4/05/2008, the mission of the West Africa Seed Committee is to assist the ECOWAS Commission in the implementation of regulations in force, related to quality control, certification and marketing of seeds and seedlings, in view of contributing to the development of the seed sector in Member States. Article 4: Functions Within the framework of its mission, the WASC/COASem has specifically for assignments to: (a) Ensure compliance with and enforcement of rules and standards of production, quality control, certification and marketing of seeds; (b) Give opinions and advice and make proposals on all matters related to seeds, in particular the organization and updating the West African Catalogue of Plant Species and Varieties hereinafter known as WACPSV/COAfEV, common to Member States; (c) Define the technical requirements for the preparation of dossiers for variety release; (d) Ensure collaboration and exchange of information among National Seed Services in charge of seed quality control and certification in Member States; (e) Monitor the organization and management of official agencies in charge of seed quality control and certification in Member States.

6 page 6 of 8 CHAPTER II: ORGANIZATION AND OPERATION Article 5: Organization of the Regional Seed and Seedling Committee 1. The West Africa Seed Committee is composed as hereinafter: (a) The representatives of National Seed and Seedling Committees of Member States, on the basis of one per Member State; (b) A representative of the ECOWAS Commission; (c) The President of the Regional Committee for Sanitary Security of Plants, Animals and Foods. 2. Representatives of UEMOA Commission and of the CILSS Executive Secretary participate to the West Africa Seed Committee meetings, in their observer capacity, on the basis of one per organization; 3. In addition, will participate to the Committee meetings in their observer capacities, depending on the issues to be examined: (a) Representatives of regional producers organizations; (b) Representatives of seed private sector and producers organizations, chosen in consultation with National Seed Committees; (c) Representatives of International Organizations involved in the seed sector; 4. The West African Seed Committee may appeal, if necessary, to any person whose expertise in this area is recognized.

7 page 7 of 8 Article 6: Operations of the Regional Seed and Seedling Committee 1. The presidency of the West Africa Seed Committee is provided by the representative of the National Seed Committee of the Member State chairing the presidency of the Community Council of Ministers. 2. The WASC/COASem meet in ordinary session, at least once a year, convened by the ECOWAS Commission, which sets the agenda. 3. Extraordinary meetings of WASC/COASem can be organized, at the initiative of the ECOWAS Commission, its Chairman or at the request of a majority of two thirds of its Members. 4. The WASC/COASem takes its decisions by majority vote. In case of a tie vote, the President takes the decision. The necessary quorum to deliberate is fixed at two-thirds (2/3) of Members. 5. If necessary, WASC/COASem may establish ad hoc committees. 6. The Commission provides the secretariat of the committee. 7. The WASC/COASem establishes its rules of procedure at its first meeting. CHAPTER III: FINAL PROVISIONS Article 7: Financing WASC/COASem The ECOWAS Commission provides the WASC/COASem operating budget.

8 page 8 of 8 Article 8: Publication This Executive Regulation shall be published in the Official Gazette of the Community. ABUJA, NIGERIA, JUNE 4, 2012 H.E. Kadré Désiré OUEDRAOGO The Chairman of the Commission