2003/244/EC: Commission Decision of 4 April 2003 providing for the temporary marketing of certain seed of the species Triticum aestivum, not satisfying the requirements of Council Directive 66/402/EEC (Text with EEA relevance) (notified under document number C(2003) 1107)
Date: 2003-04-04
Institutions: European Commission
Subjects: marketing, seed, wheat

5.4.2003

EN

Official Journal of the European Union

L 89/39

COMMISSION DECISION

of 4 April 2003

providing for the temporary marketing of certain seed of the species Triticum aestivum, not
satisfying the requirements of Council Directive 66/402/EEC

(notified under document number C(2003) 1107)

(Text with EEA relevance)

(2003/244/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 66/402/EEC of 14 June
1966 on the marketing of cereal seed (1), as last amended by
Directive 2001/64/EC (2), and in particular Article 17 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

In Ireland and Belgium the quantity of available seed of
spring varieties of wheat (Triticum aestivum) suitable to
the national climatic conditions and which satisfies the
germination capacity requirements or those related to
field inspections respectively, of Directive 66/402/EEC is
insufficient and is therefore not adequate to meet the
needs of those Member States.

It is not possible to meet the demand for seed of that
species satisfactorily with seed from other Member States
or from third countries, which satisfies all the require-
ments laid down in Directive 66/402/EEC.

Accordingly, Ireland and Belgium should be authorised
to permit the marketing of seed of that species subject
to less stringent requirements for a period expiring on
30 April 2003.

In addition, other Member States which are in a position
to supply Ireland and Belgium with seed of that species,
should be authorised to permit the marketing of such
seed.

It is appropriate that Ireland and Belgium act as coordi-
nators 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.

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,

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

1.
The marketing in the Community of seed of spring wheat
which does not satisfy the minimum germination capacity
requirements laid down in Directive 66/402/EEC shall be
permitted, for a period expiring on 30 April 2003, in accor-
dance with the terms set out in the Annex to this Decision and
subject to the following conditions:

(a) the germination capacity is at least 80 % of pure seed;

(b) the official label states the germination ascertained in the
to Article
examination carried out pursuant

official
2(1)(F)(d) and 2(1)(G)(d) of Directive 66/402/EEC.

2.
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 3 of this
Decision.

Article 2

The marketing of seed of spring wheat which does not
1.
satisfy the requirements in respect of
field inspections laid
down in Directive 66/402/EEC shall be permitted, for a period
expiring on 30 April 2003, in accordance with the terms set
out in the Annex to this Decision and subject to the following
conditions:

(a) the crop was not subject either to official field inspections

or to field inspections under official supervision;

(b) the official label states that:

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

to Directive 66/402/EEC;

(ii) the seed has not been found by official examination or
examination under official supervision to satisfy the
conditions under point (i) above.

2.
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 3 of this
Decision.

L 89/40

EN

Official Journal of the European Union

5.4.2003

Article 3

Any seed supplier wishing to place on the market the seeds
referred to in Articles 1 and 2 shall apply to the Member State
in which he/she is established.

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

(a) there is sufficient evidence to doubt as to whether the
supplier is able to place on the market the amount of seed
for which he/she 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 4

Any Member State receiving an application under Article 3
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 5

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 6

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

Done at Brussels, 4 April 2003.

Ireland shall act as coordinating Member State in respect of
Article 1 and Belgium in respect of Article 2 in order to ensure
that the total amount authorised does not exceed the maximum
quantity specified in the Annex.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity

(in tonnes)

In respect of Article 1

Triticum aestivum

Alexandria, Ashby, Baldus, Chablis,
Raffles

In respect of Article 2

Triticum aestivum

Baldus, Cadenza, Minaret, Pasteur,
Quattro, Thasos, Tinos

750

1 500