2002/277/EC: Commission Decision of 8 April 2002 providing for the temporary marketing of seed of certain species, not satisfying the requirements of Council Directive 69/208/EEC (Text with EEA relevance) (notified under document number C(2002) 734)
Date: 2002-04-08
Institutions: European Commission
Subjects: marketing, oleaginous plant, plant health control, seed, textile plant

L 99/12

EN

Official Journal of the European Communities

16.4.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 8 April 2002

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

(notified under document number C(2002) 734)

(Text with EEA relevance)

(2002/277/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 plant (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 Austria and Finland,

Whereas:

(1)

(2)

(3)

(4)

(5)

In Austria the quantity of available seed of soya beans
(Glycine max) which satisfies
requirements of
Directive 69/208/EEC is insufficient in terms of germina-
tion capacity and cannot therefore meet the country's
needs.

the

In Finland the quantity of available seed of
linseed
(Linum usitatissimum) which satisfies the requirements of
Directive 69/208/EEC is insufficient in terms of germina-
tion capacity and cannot therefore meet the country's
needs.

It is not possible to meet these demands satisfactorily
with seed from other Member States or from third coun-
tries satisfying all the requirements laid down in the
Directives.

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

Moreover, Austria and Finland should act as coordina-
tors in order to ensure that the total amount covered by
the permit does not exceed the maximum quantity
covered by this Decision.

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

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
for Agriculture,
on Seeds and Propagating Material
Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

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 in the Community of seed of soya bean and linseed
which does not satisfy the requirements laid down in Directive
69/208/EEC with regard to the minimum germination capacity,
provided that:

(a) the germination capacity is at least that set out in the

Annex to this Decision,

(b) the official label states the germination ascertained in the

report on official seed testing.

2.
The marketing in the Community of the seed referred to
in paragraph 1 shall be permitted only if the seed was first
placed on the market in accordance with Article 2.

Article 2

Any seed supplier wishing to place seeds on the market the
seeds referred to in Article 1 shall apply to the Member State in
which he is established.

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

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

(b) the total quantity authorised to be marketed pursuant to
the derogation concerned would exceed the maximum
quantity specified in the Annex.

16.4.2002

EN

Official Journal of the European Communities

L 99/13

Article 3

Article 4

The Member States shall assist each other administratively in
the application of this Decision.

Austria shall act as coordinating Member State for seed of soya
bean and Finland for linseed in order to ensure that the total
amount authorised does not exceed the maximum quantities
specified in the Annex.

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

Member States shall immediately notify the Commission and
the other Member States of the quantities in respect of which
they have granted marketing authorisation pursuant to this
Decision.

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 8 April 2002.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Minimum germination
(% of pure seed)

Linum usitatissimum

Helmi

Glycine max

Essor, Ceresia, Quito, York, Aladir,
Armor, Dolores, Dorena, Dolly,
Gregor, Fuego, Merlin, Sierra, Dodo,
Estel

33

765

70

65