2003/210/EC: Commission Decision of 25 March 2003 providing for the temporary marketing of seed of certain species, not satisfying the requirements of Council Directive 66/401/EEC (Text with EEA relevance) (notified under document number C(2003) 859)
Date: 2003-03-25
Institutions: European Commission
Subjects: fodder plant, marketing, seed

27.3.2003

EN

Official Journal of the European Union

L 80/25

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 March 2003

providing for the temporary marketing of seed of certain species, not satisfying the requirements
of Council Directive 66/401/EEC

(notified under document number C(2003) 859)

(Text with EEA relevance)

(2003/210/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticul-
ture and Forestry,

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 2001/64/EC (2), and in particular Article 17
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

In Germany the quantity of available seed of varieties of
hairy vetch (Vicia villosa), blue lupin, (Lupinus angustifo-
lius) and yellow lupin (Lupinus luteus) suitable to the
national climatic conditions and which satisfy the germi-
nation capacity requirements of Directive 66/401/EEC, is
insufficient and is therefore not adequate to meet the
needs of that Member State.

It is not possible to meet the demand for seed of those
species satisfactorily with seed from other Member States
or from third countries, satisfying all the requirements
laid down in Directive 66/401/EEC.

Accordingly, the marketing of seed subject to less strin-
gent requirements should be permitted in Germany for a
period expiring on 30 September 2003.

In other Member States which are in a position to
supply Germany with seed of
the
marketing of such seed should be authorised.

species,

those

It is appropriate that Germany act as coordinator in
order to ensure that the total amount of seed authorised
pursuant to this Decision does not exceed the maximum
quantity covered by this Decision.

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 234, 1.9.2001, p. 60.

HAS ADOPTED THIS DECISION:

Article 1

The marketing in the Community of seed of hairy vetch, blue
lupin and yellow lupin which does not satisfy the minimum
germination capacity requirements laid down in Directive 66/
401/EEC shall be permitted,
for a period expiring on 30
September 2003, in accordance with the terms set out in the
Annex to this Decision and subject to the following conditions:

(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
to Articles
examination carried out pursuant

official
2(1)(Ca)(d) and 2(1)(Cb)(d) of Directive 66/401/EEC.

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

Article 2

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

L 80/26

EN

Official Journal of the European Union

27.3.2003

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

(a) there are good reasons to doubt whether the supplier will
be able to place on the market the amount of seed for
which he has applied for authorisation; or

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

Article 3

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

Germany shall act as coordinating Member State 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 quan-
tity being exceeded.

Article 4

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, 25 March 2003.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Minimum germination
(% of pure seed)

Vicia villosa

Hungvillosa, Ostsaat Dr. Baumanns, Welta

Lupinus angustifolius

Arabella, Azuro, Bolivio, Boltensia, Bora, Bordako,
Borlana, Borlu, Boruta, Borweta, Rubine, Sonet

Lupinus luteus

Borena, Bornal, Borsaja, Juno, Trebisa

50

2 000

100

80

67

67