98/255/EC: Commission Decision of 27 March 1998 authorising the Member States to permit temporarily the marketing of seed of durum wheat (Triticum durum L.) not satisfying the requirements of Council Directive 66/402/EEC (Text with EEA relevance)
Date: 1998-03-27
Institutions: European Commission
Subjects: Austria, Germany, durum wheat, marketing, seed

10. 4. 98

EN

Official Journal of the European Communities

L 112/3

COMMISSION DECISION

of 27 March 1998

authorising the Member States to permit temporarily the marketing of seed of
durum wheat (Triticum durum L.) not satisfying the requirements of Council
Directive 66/402/EEC

(Text with EEA relevance)

(98/255/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
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 96/72/EC (2), and in particular
Article 17 thereof,

Having regard to the requests submitted by Germany and
Austria,

Whereas in Germany and Austria the production of seed
of certain varieties of durum wheat (Triticum durum L.)
satisfying the requirements of Directive 66/402/EEC in
relation to minimum germination capacity has been
insufficient in 1997 and is therefore not adequate to meet
these countries’ needs; whereas those varieties are, in the
case of Germany, varieties which are considered to be
particularly adapted to the more Nordic climatic condi-
tions in the applicant country and are characterised by a
high cooking firmness and high yellow pigmentation;
whereas those varieties in the case of Austria are varieties
adapted to the more continental climatic conditions in
the east of the applicant country and are characterised by
a high cooking firmness and high yellow pigmentation;

Whereas, in the case of Austria, those varieties are also
varieties which are considered to be particularly compat-
ible with the requirements of the protection of the envir-
onment and the maintenance of the countryside, within
the meaning of Council Regulation (EEC) No 2078/92 (3);

Whereas it is not possible to cover this demand satisfac-
torily with seed from other Member States, or from third
countries, satisfying all the requirements laid down in the
said Directive;

Whereas Germany and Austria should therefore be
authorised to permit for a period expiring on 30 April
1998 the marketing of seed of
the abovementioned
species subject to less stringent requirements;

Whereas, moreover, other Member States which are able
to supply Germany or Austria with such seed not satis-
fying the requirements of the Directive should be author-
ised to permit the marketing of such seed;

(1) OJ 125, 11. 7. 1966, p. 2309/66.
(2) OJ L 304, 27. 11. 1996, p. 10.
(3) OJ L 215, 30. 7. 1992, p. 85.

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, Horti-
culture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

1. Germany is authorised to permit,
for a period
expiring on 30 April 1998 the marketing in its territory of
a maximum of 400 tonnes of seed of the categories ‘certi-
fied seed of the first generation' or ‘certified seed of the
second generation' of
the varieties of durum wheat
(Triticum durum L.) listed below which do not satisfy the
requirements laid down in Annex II to Directive 66/
402/EEC with regard to the minimum germination
capacity, provided that the germination capacity is at least
70 % of pure seed and the official
label bears the
endorsement ‘minimum germination capacity 70 %'.

(i) Astrodur

(ii) Biodur

(iii) Lloyd

(iv) Orjaune.

2. Austria is authorised to permit, for a period expiring
on 30 April 1998 the marketing in its territory of a
maximum of 1 500 tonnes of seed of the categories ‘certi-
fied seed of the first generation' or ‘certified seed of the
second generation' of
the varieties of durum wheat
(Triticum durum L.) listed below which do not satisfy the
requirements laid down in Annex II to Directive 66/
402/EEC with regard to the minimum germination
capacity, provided that the germination capacity is at least
70 % of pure seed and the official
label bears the
endorsement ‘minimum germination capacity 70 %'.

(i) Astrodur

(ii) Bonadur

(iii) Extradur

(iv) Helidur

(v) Topdur.

L 112/4

EN

Official Journal of the European Communities

10. 4. 98

Article 2

seed labelled and permitted to be marketed in their ter-
ritories pursuant to this Decision.

Member States other than the applicant Member States
are also authorised to permit, on the terms set out in
Article 1 and for the purposes intended by the applicant
Member States, the marketing in their territories of the
seed authorised to be marketed pursuant to this Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 27 March 1998.

Article 3

Member States shall immediately notify the Commission
and the other Member States of the various quantities of

For the Commission

Franz FISCHLER

Member of the Commission