2003/795/EC: Commission Decision of 10 November 2003 providing for the temporary marketing of certain seed of the species Vicia faba L., not satisfying the requirements of Council Directive 66/401/EEC (Text with EEA relevance) (notified under document number C(2003) 4113)
Date: 2003-11-10
Institutions: European Commission
Subjects: crop production, market approval, seed

L 296/32

EN

Official Journal of the European Union

14.11.2003

COMMISSION

COMMISSION DECISION

of 10 November 2003

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

(notified under document number C(2003) 4113)

(Text with EEA relevance)

(2003/795/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 2003/61/EC (2), and in particular Article 17, para-
graph 1 thereof,

(5)

(6)

It is appropriate that the United Kingdom act as coordi-
nator 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,

Whereas:

(1)

(2)

(3)

(4)

In the United Kingdom the quantity of available seed of
winter varieties of field beans (Vicia faba L.) suitable to
the national climatic conditions and which satisfies the
germination 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 November 2003.

In addition, other Member States irrespective of whether
the seed was harvested in a Member State or in a third
country covered by the Council Decision 2003/17/EC of
16 December 2002 on the equivalence of field inspec-
tions carried out in third countries on seed-producing
crops and on the equivalence of seed produced in third
countries (3), as last amended by Decision 2003/403/
EC (4), which are in a position to supply the United
Kingdom with seed of that species, should be authorised
to permit the marketing of such seed.

HAS ADOPTED THIS DECISION:

Article 1

The marketing in the Community of seed of winter field beans
(Vicia faba L.) 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 November 2003, in
accordance with the terms set out in the Annex to this Deci-
sion and subject to the following conditions:

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

Annex to this Decision;

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

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

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

accordance with Article 2 of this Decision.

Article 2

(1) OJ 125, 11.7.1966, p. 2298/66.
(2) OJ L 165, 3.7.2003, p. 23.
(3) OJ L 8, 14.1.2003, p. 10.
(4) OJ L 141, 7.6.2003, p. 23.

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

14.11.2003

EN

Official Journal of the European Union

L 296/33

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 3

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 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 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, 10 November 2003.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity (tonnes)

Minimum germination (% of
pure seed)

Vicia faba L.

Clipper, Target, Wizard

2 891

75