98/281/EC: Commission Decision of 17 April 1998 authorising the Member States to permit temporarily the marketing of seed of sheep's fescue (Festuca ovina L.) not satisfying the requirements of Council Directive 66/401/EEC
Date: 1998-04-17
Institutions: European Commission
Subjects: EU Member State, Sweden, derogation from EU law, fodder plant, marketing, seed

29. 4. 98

EN

Official Journal of the European Communities

L 127/31

COMMISSION DECISION

of 17 April 1998

authorising the Member States to permit temporarily the marketing of seed of
sheep’s fescue (Festuca ovina L.) not satisfying the requirements of Council
Directive 66/401/EEC

(98/281/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 66/401/EEC of 14
June 1966 on the marketing of fodder plant seed (1), as
last amended by the Directive 96/72/EC (2), and in partic-
ular Article 17 thereof,

Having regard to the request submitted by Sweden,

Whereas in Sweden the production of seed of certain
varieties of the category ‘certified seed' of sheep’s fescue
(Festuca ovina L.) satisfying the requirements of the said
Directive in relation to minimum germination capacity
has been insufficient
therefore not
adequate to meet that country’s needs; whereas those vari-
eties have proven to be suitable under the climatic condi-
tions in the northern part of the applicant country, to
have good wintering capacity and to be resistant to winter
damage;

in 1997 and is

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 Sweden 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 strin-
gent requirements;

Whereas, moreover, other Member States which are able
to supply Sweden with such seed not satisfying the
requirements of the said Directive should be authorised to
permit the marketing of such seed;

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,

seed' of the varieities of sheep’s fescue (Festuca ovina L.)
listed below which do not satisfy the requirements laid
down in Annex II to Directive 66/401/EEC with regard to
minimum germination capacity, provided that the germ-
ination capacity is at least 65 % of pure seed and the
official label bears the endorsement ‘minimum germina-
tion capacity 65 %':

(i) Barfina;

(ii) Barreppo;

(iii) Biljart;

(iv) Valda;

(v) Waldina.

Article 2

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

Article 3

Member States shall immediately notify the Commission
and the other Member States of the various quantities of
seed labelled and permitted to be marketed in their terri-
tory pursuant to this Decision.

Article 4

This Decision is addressed to the Member States.

HAS ADOPTED THIS DECISION:

Done at Brussels, 17 April 1998.

Article 1

Sweden is authorised to permit, for a period expiring on
territory of a
the marketing in its
30 April 1998,
maximum of 1,4 tonnes of seed of the category ‘certified

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ 125, 11. 7. 1966, p. 2298/66.
(2) OJ L 304, 27. 11. 1996, p. 10.