2003/765/EC: Commission Decision of 23 October 2003 providing for the temporary marketing of certain seed of the species Secale cereale and Triticum durum, not satisfying the requirements of Council Directive 66/402/EEC (Text with EEA relevance) (notified under document number C(2003) 3862)
Date: 2003-10-23
Institutions: European Commission
Subjects: crop production, marketing standard, seed

25.10.2003

EN

Official Journal of the European Union

L 275/47

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 23 October 2003

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

(notified under document number C(2003) 3862)

(Text with EEA relevance)

(2003/765/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 66/402/EEC of 14 June
1966 on the marketing of cereal seed (1), as last amended by
Directive 2003/61/EC (2), and in particular Article 17(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

In Austria the quantity of available seed of winter vari-
eties of durum wheat (Triticum durum) and rye (Secale
cereale) suitable to the national climatic conditions and
which satisfies the germination capacity requirements of
Directive 66/402/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, which satisfies all the require-
ments laid down in Directive 66/402/EEC.

Accordingly, Austria should be authorised to permit the
marketing of seed of those species subject to less strin-
gent
a period expiring on 30
November 2003.

requirements

for

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

It is appropriate that Austria 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. 2309/66.
(2) OJ L 165, 3.7.2003, p. 23.

HAS ADOPTED THIS DECISION:

Article 1

1.
The marketing in the Community of seed of winter
durum wheat and rye 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
November 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)(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 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 or she is established for authorisation.

L 275/48

EN

Official Journal of the European Union

25.10.2003

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 or she has applied for authorisation;

(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.

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

Any Member State receiving an application pursuant to 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.

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, 23 October 2003.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Minimum germination
(% of pure seed)

Triticum durum

Heradur, Inverdur, Prowidur, Superdur

Secale cereale

Albedo, Amilo,
Kustro, Motto,
Schlägler

EHO-Kurz,
Nikita,

Elect, Kier,
Oberkärntner,

250

300

70

75