2003/307/EC: Commission Decision of 2 May 2003 providing for the temporary marketing of certain seed of the species Lupinus angustifolius and Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC and 2002/57/EC respectively (Text with EEA relevance) (notified under document number C(2003) 1414)
Date: 2003-05-02
Institutions: European Commission
Subjects: fodder plant, marketing, oleaginous plant, seed

7.5.2003

EN

Official Journal of the European Union

L 113/5

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 2 May 2003

providing for the temporary marketing of certain seed of the species Lupinus angustifolius and
Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC and 2002/
57/EC respectively

(notified under document number C(2003) 1414)

(Text with EEA relevance)

(2003/307/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (3), as last
amended by Directive 2002/68/EC (4), and in particular Article
21 thereof,

Whereas:

(1)

(2)

(3)

In the United Kingdom, the quantity of available seed of
varieties of blue lupin (Lupinus angustifolius) suitable to
the national climatic conditions and satisfying 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 that
species satisfactorily with seed from other Member States
or from third countries which satisfies all the require-
ments laid down in Directive 66/401/EEC.

Accordingly, the United Kingdom should be authorised
to permit the marketing of seed of that species subject
to less stringent requirements for a period expiring on
30 June 2003.

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 234, 1.9.2001, p. 60.
(3) OJ L 193, 20.7.2002, p. 74.
(4) OJ L 195, 24.7.2002, p. 32.

(4)

(5)

(6)

(7)

(8)

(9)

In Finland, the quantity of available seed of varieties of
linseed (Linum usitatissimum) suitable to national climatic
conditions and satisfying the germination capacity
requirements of Directive 2002/57/EC 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 that
species satisfactorily with seed from other Member States
or from third countries which satisfies all the require-
ments laid down in Directive 2002/57/EC.

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

In addition, other Member States which are in a position
to supply the United Kingdom or Finland with seed of
those species,
the
marketing of such seed.

should be authorised to permit

It is appropriate that the United Kingdom acts as coordi-
nator in order to ensure that the total amount of seed of
Lupinus angustifolius authorised pursuant to this Decision
does not exceed the maximum quantity covered by this
Decision.

It is appropriate that Finland acts as coordinator in order
to ensure that the total amount of seed of Linum usitatis-
simum authorised pursuant to this Decision does not
exceed the maximum quantity covered by this Decision.

L 113/6

EN

Official Journal of the European Union

7.5.2003

(10)

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,

HAS ADOPTED THIS DECISION:

Article 1

The marketing in the Community of seed of blue lupin (Lupinus
angustifolius) 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 June 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 must be at least 60 % of pure

seed;

(b) the official label must state the germination ascertained in
to Article

the official examination carried out pursuant
2(1)(Ca)(d) and 2(1)(Cb)(d) of Directive 66/401/EEC;

(c) the seed must have been first placed on the market in

accordance with Article 3 of this Decision.

Article 2

The marketing in the Community of seed of linseed (Linum
usitatissimum) which does not satisfy the minimum germination
capacity requirements laid down in Directive 2002/57/EC shall
be permitted, for a period expiring on 30 June 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 must be at least 70 % of pure

seed;

(b) the official label must state the germination ascertained in
to Article

the official examination carried out pursuant
2(1)(e)(iv) and 2(1)(f)(iv) of Directive 2002/57/EC;

(c) the seed must have been first placed on the market in

accordance with Article 3 of this Decision.

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 is established for such authorisation.

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 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

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

The United Kingdom shall act as coordinating Member State in
respect of Article 1 and Finland in respect of Article 2 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 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.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 2 May 2003.

For the Commission

David BYRNE

Member of the Commission

7.5.2003

EN

Official Journal of the European Union

L 113/7

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

In respect of Article 1

Lupinus angustifolius

Prima, Sonet

In respect of Article 2

Linum usitatissimum

Helmi

59

35