1999/306/EC: Commission Decision of 20 April 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 or 69/208/EEC (notified under document number C(1999) 1011)
Date: 1999-04-20
Institutions: European Commission
Subjects: Finland, Sweden, derogation from EU law, leguminous vegetable, marketing, seed

L 118/64

EN

Official Journal of the European Communities

6. 5. 1999

COMMISSION DECISION

of 20 April 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
or 69/208/EEC

(notified under document number C(1999) 1011)

(1999/306/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 69/208/EEC of 30
June 1969 on the marketing of seed of oil and fibre
plants (3), as last amended by Directive 98/96/EC, and in
particular Article 16 thereof,

Having regard to the requests submitted by Finland and
Sweden,

(1) Whereas in the abovementioned Member States the
quantity of available seed of all categories of spring
varieties of field pea for human consumption or
linseed of early varieties
suitable for northern
growing conditions, with very low c.hlorophyll
content and to be used for medical products, which
satisfies the requirements of the said Directives in
relation to the germination capacity, 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 Finland and Sweden should therefore be
authorised to permit for a period expiring on 30
June 1999 the marketing of seed of the abovemen-
tioned species subject
to less stringent require-
ments;

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

(5) Whereas

in this
the measures provided for
Decision are in accordance with the opinion of the

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 25, 1.2.1999, p. 27.
(3) OJ L 169, 10.7.1969, p. 3.

Standing Committee on Seeds and Propagating
Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

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 field pea for human consumption or
linseed which does not satisfy the requirements laid down
in Directives 66/401/EEC or 69/208/EEC, with regard to
the minimum germination capacity, provided that the
following requirements 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.

Article 2

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
field pea for human consumption
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.

Article 3

The Member States other

1.
than the applicant
Member States are also authorised to permit, on the terms
set out in Article l and 2 and for the purposes intended by
the applicant Member States, the marketing in their terri-
tories of the seed authorised to be marketed under this
Decision.

6. 5. 1999

EN

Official Journal of the European Communities

L 118/65

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 author-
isation may be granted. The applicant Member States may
object only if the entire amount set out in this Decision
has already been allocated.

Article 4

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-
tories pursuant to this Decision.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 20 April 1999.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Minimum germination
(% of pure seed)

FINLAND

Pisum sativum

Linum usitatissimum

SWEDEN

Pisum sativum

Tiina

Helmi

Capella, Vreta,
Odalett

200

100

600

60

70

70