98/342/EC: Commission Decision of 14 May 1998 authorising the Member States to permit temporarily the marketing of linseed (Linum usitatissimum L.) not satisfying the requirements of Council Directive 69/208/EEC
Date: 1998-05-14
Institutions: European Commission
Subjects: EU Member State, Finland, derogation from EU law, flax, marketing, seed

21. 5. 98

EN

Official Journal of the European Communities

L 151/35

COMMISSION DECISION

of 14 May 1998

authorising the Member States to permit temporarily the marketing of linseed
(Linum usitatissimum L.) not satisfying the requirements of Council Directive
69/208/EEC

(98/342/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 69/208/EEC of 30
June 1969 on the marketing of seed of oil and fibre
plants (1), as last amended by Directive 96/72/EC (2), and
in particular Article 16 thereof,

Having regard to the request submitted by Finland,

Whereas in Finland the production of seed of linseed
(Linum usitatissimum L.), variety Helmi, satisfying the
requirements of Directive 69/208/EEC in relation to
minimum germination capacity has been insufficient in
1997 and is therefore not adequate to meet this country’s
needs; whereas this is an early variety (growing time in the
applicant country 106 days) suitable for northern growing
conditions and having grain with a very low clorophyll
content to be used for medicinal purposes;

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

Whereas Finland should therefore be authorised to permit
for a period expiring on 30 June 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 Finland with such seed not satisfying the
requirements of the 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,

Article 1

Finland is authorised to permit, for a period expiring on
30 June 1998 the marketing in its territory of a maximum
of 140 tonnes of seed of the categories ‘certified seed of
the first generation' or ‘certified seed of the second gen-
linseed (Linum usitatissimum L.), variety
eration' of
Helmi, which do not satisfy the requirements laid down
in Annex II to Directive 69/208/EEC with regard to the
minimum germination capacity, provided that the ger-
mination capacity is at least 70 % of pure seed and the
official label bears the endorsement ‘minimum germina-
tion capacity 70 %'.

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 territories 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 ter-
ritories pursuant to this Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 14 May 1998.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

(1) OJ L 169, 10. 7. 1969, p. 3.
(2) OJ L 304, 27. 11. 1996, p. 10.