1999/264/EC: Commission Decision of 26 March 1999 authorising the Member States to permit temporarily the marketing of seed of certain species not satisfying the requirements of Council Directives 66/401/EEC, 66/402/EEC or 69/208/EEC (notified under document number C(1999) 793)
Date: 1999-03-26
Institutions: European Commission
Subjects: crop production, marketing, plant health control, seed, temporary admission

L 104/22

EN

Official Journal of the European Communities

21. 4. 1999

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 26 March 1999

authorising the Member States to permit temporarily the marketing of seed of
certain species not satisfying the requirements of Council Directives 66/401/EEC,
66/402/EEC or 69/208/EEC

(notified under document number C(1999) 793)

(1999/264/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 Directive 98/96/EC (2), and in particular
Article 17 thereof,

Having regard to Council Directive 66/402/EEC of 14
June 1966 on the marketing of cereal seed (3), as last
amended by Directive 1999/8/EC (4), and in particular
Article 17 thereof,

Having regard to Council Directive 69/208/EEC of 30
June 1969 on the marketing of seed of oil and fibre
plants (5), as last amended by Directive 98/96/CE, and in
particular Article 16 thereof,

Having regard to the requests submitted by Belgium,
France, Luxembourg,
the Netherlands, Finland and
Sweden,

(1) Whereas in the abovementioned Member States the
quantity of available seed of all categories of spring
varieties of
fodder plants, cereals or oil plants
which satisfies the requirements of the said Direct-

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 25, 1.2.1999, p. 27.
(3) OJ 125, 11.7.1966, p. 2309/66.
(4) OJ L 50, 26.2.1999, p. 26.
(5) OJ L 169, 10.7.1969, p. 3.

ives in relation to the germination capacity, or in
the case of Belgium, Luxembourg, the Netherlands
and Sweden in so far as cereal seed of the category
‘certified seed' is concerned, also the conditions in
field inspection and in the case of
respect of
Finland as far as cereal seed of the category ‘certi-
fied seed' is concerned also the maximum number
of generations following ‘basic seed', is insufficient
and is therefore not adequate to meet these coun-
tries’ needs;

(2) Whereas it is not possible to cover this demand
satisfactorily with seed from other Member States,
or from third countries, satisfying all the require-
ments laid down in the Directives;

(3) Whereas Belgium, France, Luxembourg, the Neth-
erlands, Finland and Sweden should therefore be
authorised to permit for a period expiring on 30
June 1999 the marketing of seed of spring varieties
of fodder plants, cereals or oil plants subject to less
stringent requirements;

(4) Whereas, moreover, other Member States which are
able to supply Belgium, France, Luxembourg, the
Netherlands, Finland or Sweden with seed not
satisfying the requirements of the Directives should
be authorised to permit the marketing of such seed;

21. 4. 1999

EN

Official Journal of the European Communities

L 104/23

(5) Whereas

in this
the measures provided for
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

France is authorised to permit, for a period expiring on 30
June 1999, for the species and on the terms set out in the
Annex hereto, the marketing in its territory of ‘certified
seed' (first generation), of spring varieties of fodder plants
which does not satisfy the requirements laid down in
Directive 66/401/EEC with regard to the minimum
germination capacity, provided that the following require-
ments are satisfied:

(a) the germination capacity is at least that laid down in

the Annex hereto;

(b) the official

label shall state the germination ascer-

tained in the report on official seed testing.

(a) the germination capacity is at least that laid down in

the Annex hereto;

(b) the maximum number of generations following ‘basic

seed' is that laid down in the Annex hereto;

(c) the official label shall state:

(cid:190) where (a) is applicable the germination ascertained

in the report on official seed testing,

(cid:190) where (b)

is applicable the actual number of

generations following ‘basic seed'.

Article 4

Sweden is authorised to permit, for a period expiring on
30 June 1999, for the species and on the terms set out in
the Annex hereto, the marketing in its territory of seed of
spring varieties of fodder plants or oil plants which does
not satisfy the requirements laid down in Directives 66/
401/EEC of 69/208/EEC, with regard to the minimum
germination capacity provided that the following require-
ments where applicable are satisfied:

(a) the germination capacity is at least that laid down in

the Annex hereto;

Article 2

(b) the official

label shall state the germination ascer-

tained in the report on official seed testing.

Belgium, Luxembourg, the Netherlands and Sweden are
authorised to permit, for a period expiring on 30 June
1999, for the species and on the terms set out in the
Annex hereto, the marketing in their territories of seed of
spring varieties of cereals which does not satisfy the
requirements laid down in Directive 66/402/EEC, with
regard to the conditions in respect of field inspection,
provided that the following requirements are satisfied:

(a) the seed crop has sufficient varietal

identity and

purity;

(b) the official label shall state that the seed crop was not
inspected in accordance with Directive 66/402/EEC.

Article 3

Finland is authorised to permit, for a period expiring on
30 June 1999, for the species and on the terms set out in
the Annex hereto, the marketing in its territory of seed of
spring varieties of
fodder plants, cereals or oil plants
which does not satisfy the requirements laid down in
Directives 66/401/EEC, 66/402/EEC or 69/208/EEC,
with regard to the minimum germination capacity, or in
so far as cereal is concerned, also the conditions in respect
of the maximum number of generations following ‘basic
seed', provided that the following requirements where
applicable are satisfied:

Article 5

The Member States other

1.
than the applicant
Member States are also authorised to permit, on the terms
set out in Articles 1 to 4 and for the purposes intended by
the applicant Member States, the marketing in their ter-
ritories of the seed authorised to be marketed under this
Decision.

For the purpose of the application of paragraph 1,
2.
the Member States concerned shall assist each other
administratively. The applicant Member States shall be
notified by other Member States of their intention to
permit the marketing of such seed before any authorisa-
tion may be granted. The applicant Member States may
object only if the entire amount set out in this Decision
has already been allocated.

Article 6

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.

L 104/24

EN

Official Journal of the European Communities

21. 4. 1999

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 26 March 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

21. 4. 1999

EN

Official Journal of the European Communities

L 104/25

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Minimum ger-
mination
(% of pure seed)

Assessment of the
varietal identity
and purity

Maximum number
of generations
following ‘basic
seed'

FRANCE

Vicia faba

Divine, Maya

665

80

BELGIUM, LUXEMBOURG, THE NETHERLANDS AND SWEDEN

Triticum
aestivum

FINLAND

Phleum
pratense

Trifolium
pratense

Hordeum
vulgare

SWEDEN

Trifolium
pratense

Linum usitatis-
simum

Spring var-
ieties capable
of growing
under
temperate
zone

Iki,
Tuukka

Bjursele

Artturi, Arra,
Rolfi

Bjursele,
Bj(cid:148)rn

Antares

13 100

200

40

2 000

20

200

60

50

80

70

70

Official labor-
atory seed
testing

4