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( 1 ) OJ NO 125 , 11 , 7 . 1966 , P . 2309/66 .

( 2 ) OJ NO L 236 , 26 . 8 . 1978 , P . 13 .

COMMISSION DECISION

OF 8 FEBRUARY 1979

AUTHORIZING THE KINGDOM OF DENMARK TO PERMIT TEMPORARILY THE MARKETING OF CEREAL SEED IN PACKAGING WITH TRADITIONAL MARKING

( ONLY THE DANISH TEXT IS AUTHENTIC )

( 79/237/EEC )

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL DIRECTIVE 66/402/EEC OF 14 JUNE 1966 ON THE MARKETING OF CEREAL SEED ( 1 ), AS LAST AMENDED BY DIRECTIVE 78/692/EEC ( 2 ), AND IN PARTICULAR ARTICLE 10 ( 3 ) THEREOF ,

HAVING REGARD TO THE REQUEST MADE BY THE KINGDOM OF DENMARK ,

WHEREAS CEREAL SEED MAY NOT NORMALLY BE PLACED ON THE MARKET UNLESS MARKING SATISFIES THE PROVISIONS LAID DOWN IN THE ABOVEMENTIONED DIRECTIVE ;

WHEREAS , UNDER THOSE PROVISIONS , PRINTING OF THE PRESCRIBED INFORMATION ON THE PACKAGE ITSELF ACCORDING TO THE MODEL LABEL GENERALLY REQUIRED MAY BE AUTHORIZED AT COMMUNITY LEVEL ;

WHEREAS , HOWEVER , UNDER THE PROVISIONS LAID DOWN IN ARTICLE 10 ( 3 ) OF THE ABOVEMENTIONED DIRECTIVE , MEMBER STATES MAY BE AUTHORIZED , BY DEROGATION FROM THE ABOVEMENTIONED PROVISIONS , TEMPORARILY TO RETAIN PROVISIONS ALLOWING THE MARKETING OF CEREAL SEED THE PACKAGING OF WHICH INCLUDES THE PRESCRIBED INFORMATION BUT IN A DIFFERENT LAYOUT FROM THAT OF THE MODEL LABEL ;

WHEREAS THE KINGDOM OF DENMARK HAS REQUESTED SUCH AUTHORIZATION ;

WHEREAS THE REQUEST OF THE KINGDOM OF DENMARK SHOULD BE GRANTED , UNDER CERTAIN CONDITIONS WHICH ENSURE THAT RESPONSIBILITY RESTS WITH THE CERTIFICATION AUTHORITY ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS DECISION ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE ON SEEDS AND PROPAGATING MATERIAL FOR AGRICULTURE , HORTICULTURE AND FORESTRY ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

1 . THE KINGDOM OF DENMARK IS HEREBY AUTHORIZED , UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 2 , TO RETAIN UNTIL 30 JUNE 1980 PROVISIONS ALLOWING THE MARKETING OF CEREAL SEED OF THE CATEGORIES ' BASIC SEED ' AND ' CERTIFIED SEED ' OF ALL KINDS , THE PACKAGING OF WHICH INCLUDES THE PRESCRIBED INFORMATION , BUT IN A DIFFERENT LAYOUT FROM THAT OF THE MODEL LABEL .

2 . THE FOLLOWING CONDITIONS SHALL APPLY IN RESPECT OF THE AUTHORIZATION GRANTED IN PARAGRAPH 1 :

( A ) THE PRESCRIBED INFORMATION SHALL BE PRINTED OR STAMPED INDELIBLY ON THE PACKAGE ;

( B ) THE COLOUR OF THE PRINTING OR THE STAMP AND THAT OF THE PACKAGE SHALL BE SUCH THAT THERE IS NO RISK , TAKING INTO ACCOUNT THE PROVISIONS LAID DOWN IN ARTICLE 10 ( 1 ) ( A ) OF DIRECTIVE 66/402/EEC , OF CONFUSION WITH SEED OF ANOTHER CATEGORY ;

( C ) OF THE PRESCRIBED INFORMATION , AT LEAST THAT REQUIRED UNDER ANNEX IV , PART A ( A ) ( 3 ), ( 3A ) AND ( 6 ) OF DIRECTIVE 66/402/EEC SHALL NOT BE PRINTED OR STAMPED BEFORE SAMPLES HAVE BEEN TAKEN PURSUANT TO ARTICLE 7 ( 2 ) OF THE ABOVEMENTIONED DIRECTIVE , THE PRINTING OR STAMPING BEING DONE OFFICIALLY OR UNDER OFFICIAL SUPERVISON ;

( D ) THE CERTIFICATION AUTHORITY SHALL KEEP RECORDS OF THE QUANTITIES OF SEED THUS MARKED , INCLUDING THE NUMBER AND CONTENTS OF THE PACKAGES OF EACH LOT ;

( E ) PRODUCERS ' RECORDS SHALL BE SUBJECT TO SUPERVISION BY THE CERTIFICATION AUTHORITY .

ARTICLE 2

THE KINGDOM OF DENMARK SHALL NOTIFY THE COMMISSION EACH YEAR OF THE QUANTITIES OF CEREAL SEED MARKETED PURSUANT TO THIS DECISION . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .

ARTICLE 3

THIS DECISION IS ADDRESSED TO THE KINGDOM OF DENMARK .

DONE AT BRUSSELS , 8 FEBRUARY 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT