2004/130/EC: Commission Decision of 30 January 2004 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(2004) 161)
Date: 2004-01-30
Institutions: European Commission
Subjects: EU Member State, fodder plant, marketing standard, seed

L 37/32

EN

Official Journal of the European Union

10.2.2004

COMMISSION DECISION

of 30 January 2004

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(2004) 161)

(Text with EEA relevance)

(2004/130/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION

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(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

In the United Kingdom the quantity of available seed of
spring 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
requirements 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
15 February 2004.

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
on the equivalence of seed (3), 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.

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
accordance with the opinion of the Standing Committee
for Agriculture,
on Seeds and Propagating Material
Horticulture and Forestry,

Article 1

The marketing in the Community of seed of spring 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 15 February 2004, 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

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.

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.

(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. Decision as last amended by Decision

2003/403/EC (OJ L 141, 7.6.2003, p. 23).

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.

10.2.2004

EN

Official Journal of the European Union

L 37/33

Any Member State receiving an application in accordance with
Article 2 shall
immediately notify the coordinating Member
State of the amount covered by the application. The coordi-
nating Member State shall
immediately inform the notifying
Member State as to whether authorisation would result in the
maximum quantity being exceeded.

Article 5

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 30 January 2004.

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.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Species

Type of variety

Vicia faba L.

Ashleigh, Compass, Hobbit,
Lobo,
Maris Bead, Meli, Nile, Oena, Quattro,
Syncro, Victor

Maximum quantity
(tonnes)

Minimum germination
( % of pure seed)

4 035

75