2002/98/EC: Commission Decision of 28 January 2002 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(2002) 165)
Date: 2002-01-28
Institutions: European Commission
Subjects: derogation from EU law, flax, marketing, plant health control, seed

L 37/14

EN

Official Journal of the European Communities

7.2.2002

COMMISSION

COMMISSION DECISION

of 28 January 2002

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(2002) 165)

(Text with EEA relevance)

(2002/98/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

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

Whereas:

(1)

(2)

(3)

(4)

(5)

In France the quantity of available seed of flax 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 third countries
satisfying all
laid down in the
requirements
Directive.

the

The Member States should therefore permit, for a period
expiring on 30 June 2002, the marketing of seed subject
to less stringent requirements.

Moreover, France 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,

HAS ADOPTED THIS DECISION:

Article 1

The Member States shall permit, for a period expiring on 30
June 2002, on the terms set out in the Annex hereto, the
marketing throughout the Community of seed of flax which

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

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 below;

(b) the germination capacity is at least 88 %.

Article 2

Any seed supplier 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 supplier to
place that seed on the market, unless:

(a) it has well founded doubts that the supplier 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.

France (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.

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.

7.2.2002

EN

Official Journal of the European Communities

L 37/15

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 4

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 28 January 2002.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

In respect of Article 1

Linum usitatissimum

Agatha, Argos, Ariane, Aurore, Diane, Diva, Electra, Elise,
Ilona, Liviola, Marilyn, Venus,
Escalina, Evelin, Hermès,
Veralin, Viking

1 000