2001/502/EC: Commission Decision of 22 June 2001 providing for the temporary marketing of seed of a species not satisfying the requirements of Council Directive 69/208/EEC (Text with EEA relevance) (notified under document number C(2001) 1294)
Date: 2001-06-22
Institutions: European Commission
Subjects: Italy, marketing, plant health control, seed, soya bean, temporary admission

L 182/56

EN

Official Journal of the European Communities

5.7.2001

COMMISSION

COMMISSION DECISION

of 22 June 2001

providing for the temporary marketing of seed of a species not satisfying the requirements of
Council Directive 69/208/EEC

(notified under document number C(2001) 1294)

(Text with EEA relevance)

(2001/502/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 98/96/EC (2), and in particular Article 16
thereof,

Having regard to the notifications regarding supply difficulties
of seed submitted by Italy,

Whereas:

(1)

(2)

(3)

(4)

(5)

In Italy 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 country's needs.

It is not possible to meet this demand satisfactorily with
seed from other Member States or from non-member
countries satisfying all the requirements laid down in the
Directive.

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

Moreover, Italy should act as coordinator in order to
ensure that the total amount covered by the permit does
not exceed the maximum quantity covered by this
Decision.

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,

(1) OJ L 169, 10.7.1969, p. 3.
(2) OJ L 25, 1.2.1999, p. 27.

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 does 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 2,

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

Article 2

Any seed producer wishing to take advantage of a derogation
to place seeds on the market in accordance with Article 1 shall
apply to the Member State in which it is established.

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 authorised to be marketed pursuant to
the derogation concerned would then exceed the maximum
quantity specified in the Annex to this Decision.

Article 3

For the purpose of the application of Article 1, the Member
States shall assist each other administratively.

Italy (which has notified the supply difficulties of seed) shall act
as a coordinator of the authorisations to be granted under
Article 2, in order to ensure that the total amount does not
exceed the maximum quantities as specified in the Annex.

5.7.2001

EN

Official Journal of the European Communities

L 182/57

Any Member State receiving an application under Article 2
shall
the
immediately notify the coordinating country of
amount covered by the application. The coordinating Member
State shall immediately inform the notifying Member State as
to whether authorisation of the application would result in the
maximum quantity being exceeded.

Article 4

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

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 22 June 2001.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Glycine max.

Cresir, Fax, Maple Glen, Sirio, Susan, Tir, Venus

340

In respect of Article 1