2001/281/EC: Commission Decision of 28 March 2001 providing for the temporary 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(2001) 784)
Date: 2001-03-28
Institutions: European Commission
Subjects: cereals, fodder plant, marketing, oleaginous plant, seed, textile plant

7.4.2001

EN

Official Journal of the European Communities

L 98/23

COMMISSION

COMMISSION DECISION

of 28 March 2001

providing for the temporary 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(2001) 784)

(2001/281/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 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 1999/54/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/EC, and in particular Article 16
thereof,

Having regard to the notifications regarding supply difficulties
of seed submitted by various Member States,

Whereas:

(1)

(2)

(3)

In Germany the quantity of available seed of spring
varieties of field bean which satisfies the requirements of
Directive 66/401/EEC is insufficient in relation to the
germination capacity and is therefore not adequate to
meet this country's needs.

In France the quantity of available seed of spring vari-
eties of field pea which satisfies the requirements of
Directive 66/401/EEC is insufficient in relation to the
germination capacity and is therefore not adequate to
meet this country's needs.

In Luxembourg the quantity of available seed of spring
varieties of field bean which satisfies the requirements of
Directive 66/401/EEC is insufficient in relation to the

(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 142, 5.6.1999, p. 30.
(5) OJ L 169, 10.7.1969, p. 3.

germination capacity and is therefore not adequate to
meet this country's needs.

In the Netherlands the quantity of available seed of
spring varieties of wheat which satisfies the requirements
of Directive 66/402/EEC is insufficient in relation to the
examination of the satisfaction of the conditions to be
satisfied by the crop and is therefore not adequate to
meet this country's needs.

In Austria the quantity of available seed of spring vari-
eties of field bean, blue lupin and soya bean which
satisfies the requirements of Directives 66/401/EEC or
69/208/EEC is insufficient in relation to the germination
capacity and is therefore not adequate to meet this coun-
try's needs.

In Finland the quantity of available seed of linseed which
satisfies the requirements of Directive 69/208/EEC is
insufficient in relation to the germination capacity and is
therefore not adequate to meet this country's needs.

In Sweden the quantity of available seed of spring vari-
eties of field bean which satisfies the requirements of
Directive 66/401/EEC is insufficient in relation to the
germination capacity and is therefore not adequate to
meet this country's needs.

In the United Kingdom the quantity of available seed of
soya bean which satisfies the requirements of Directive
69/208/EEC is insufficient in relation to the germination
capacity and is therefore not adequate to meet this coun-
try's needs.

It is not possible to cover these demands satisfactorily
with seed from other Member States, or from non-
member countries, satisfying all the requirements laid
down in the Directives.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

The Member States should therefore permit, for a period
expiring on 30 June 2001, the marketing of seed subject
to less stringent requirements.

L 98/24

EN

Official Journal of the European Communities

7.4.2001

(11) Moreover, the Member States which have notified the
supply difficulties of seed should act as coordinators in
order to ensure that the total amount covered by the
permits does not exceed the maximum quantity covered
by this Decision.

66/401/EEC with regard to the minimum germination capacity,
provided that the following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(12)

The measures provided for in this 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

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of field bean
which does not satisfy the requirements laid down in Directive
66/401/EEC with regard to the minimum germination capacity,
provided that the following requirements are satisfied:

(b) the germination capacity is at least 70 %;

(c) the official

label shall state:

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

Article 4

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of wheat which
does not satisfy the requirements laid down in Directive 66/
402/EEC, with regard to the examination of the satisfaction of
the conditions to be satisfied by the crop, provided that the
following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(b) the germination capacity is at least 70 %;

(b) the official

label shall state that:

(c) the official

label shall state:

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

(aa) the seed is of a category satisfying less stringent

requirements;

(bb) the seed satisfies the conditions laid down in Annex I

to Directive 66/402/EEC;

(cc) the seed has not been found by official examination or
examination under official supervision to satisfy the
conditions under point (bb) above;

Article 2

(c) the official

label

is brown.

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of field pea
which does not satisfy the requirements laid down in Directive
66/401/EEC with regard to the minimum germination capacity,
provided that the following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(b) the germination capacity is at least 75 %;

(c) the official

label shall state:

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

Article 5

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of field bean,
blue lupin and soya bean which do not satisfy the requirements
laid down in Directive 66/401/EEC or 69/208/EEC with regard
to the minimum germination capacity, provided that
the
following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(b) the germination capacity is at least:

— field bean: 65 %

— blue lupin: 65 %

— soya bean: 65 %;

Article 3

(c) the official

label shall state:

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of field bean
which does not satisfy the requirements laid down in Directive

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

7.4.2001

EN

Official Journal of the European Communities

L 98/25

Article 6

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of linseed which
do not satisfy the requirements laid down in Directive 69/
208/EEC with regard to the minimum germination capacity,
provided that the following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(b) the germination capacity is at least 65 %;

(c) the official

label shall state:

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

Article 7

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of field bean
which does not satisfy the requirements laid down in Directive
66/401/EEC with regard to the minimum germination capacity,
provided that the following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(b) the germination capacity is at least 75 %;

(c) the official

label shall state:

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

Article 8

The Member States shall permit, for a period expiring on 30
June 2001, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of soya bean
which do not satisfy the requirements laid down in Directive
69/208/EEC with regard to the minimum germination capacity,
provided that the following requirements are satisfied:

(a) the seed was first placed on the market by a person author-
ised to do so in accordance with Article 9 below;

(b) the germination capacity is at least 60 %;

(c) the official

label shall state:

(aa) that the seed is of a category satisfying less stringent

requirements;

(bb) the germination ascertained in the report on official

seed testing.

Article 9

Any seed producer wishing to take advantage of the deroga-
tions in Articles 1 to 8 to first place seed on the market shall
apply to the Member State in which it is established, stating the

derogation it wishes to take advantage of and the quantity and
species of seed which it wishes to market.

The Member State concerned shall authorise the producer to
place that seed on the market, unless:

(a) it has well founded doubts that the producer will be able to
place on the market the amount of seed for which it has
sought authorisation; or

(b) the total quantity of that species authorised to be marketed
pursuant to the derogation concerned would then exceed
the maximum quantity specified in the Annex to this
Decision.

Article 10

For the purpose of the applications of Articles 1 to 9, the
Member States shall assist each other administratively.

The following Member States (which have notified the supply
difficulties of seed) shall act as coordinators of the author-
isations to be granted under Article 9, in order to ensure that
the total amount which Member States permit seed produce
established in their respective territories to place on the market
does not exceed the maximum quantities as specified in the
Annex:
— Germany in respect of Article 1,
— France in respect of Article 2,
— Luxembourg in respect of Article 3,
— The Netherlands in respect of Article 4,
— Austria in respect of Article 5,
— Finland in respect of Article 6,
— Sweden in respect of Article 7,
— The United Kingdom in respect of Article 8.

Any Member State receiving an application under Article 9
shall immediately notify the appropriate coordinating Member
State of the species and amount covered by the application.
The coordinating Member State shall immediately notify the
notifying Member State whether authorisation of the applica-
tion would result in the maximum quantity for that species
being exceeded.

Article 11

Member States shall immediately notify the Commission and
the other Member States of the various quantities of seed
labelled and authorised to be marketed throughout
the
Community pursuant to this Decision.

This Decision is addressed to the Member States.

Article 12

Done at Brussels, 28 March 2001.

For the Commission

David BYRNE

Member of the Commission

L 98/26

EN

Official Journal of the European Communities

7.4.2001

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Vicia faba

Pisum sativum

In respect of Article 1

Bertabo, Columbo, Condor, Gloria,
Hiverna, Limbo, Samba, Scirocco,
Valeria

In respect of Article 2

Athos, Baccara, Badminton, Bridge,
Focus, Obelisque, Podium, Sydney,
Univers

In respect of Article 3

Vicia faba

Alfred, Divine, Scirocco

Triticum aestivum

Vicia faba

In respect of Article 4

Anemos, Baldus, Cadenza, Lavett,
Minaret

In respect of Article 5

Aurelia, Carola, Gloria, Nero,
Protea, Styria, Valeria

Lupinus angustifolius

Bordako

Glycine max.

Aladir, Armor, Ceresia, Dolores,
Dorena,
Fuego, Gregor,
Merlin, Nebraska, Quito, York

Essor,

In respect of Article 6

Linum usitatissimum

Helmi

In respect of Article 7

Vicia faba

Columbo, Scirocco

Glycine max.

Northern Conquest

In respect of Article 8

270

5 200

10

1 500

110

20

750

20

110

150