2004/287/EC: Commission Decision of 24 March 2004 providing for the temporary marketing of certain seed of the species Vicia faba and Glycine max not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively (Text with EEA relevance) (notified under document number C(2004) 884)
Date: 2004-03-24
Institutions: European Commission
Subjects: leguminous vegetable, marketing standard, seed, soya bean

L 91/56

EN

Official Journal of the European Union

30.3.2004

COMMISSION DECISION

of 24 March 2004

providing for the temporary marketing of certain seed of the species Vicia faba and Glycine max
not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively

(notified under document number C(2004) 884)

(Text with EEA relevance)

(2004/287/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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), and in particu-
lar Article 17(1) thereof,

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (2), and in
particular Article 21(1) thereof,

HAS ADOPTED THIS DECISION

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Seeds and Propagating Material
for Agriculture,
Horticulture and Forestry,

Whereas:

Article 1

(1)

(2)

(3)

(4)

(5)

In France the quantity of available seed of field bean
(Vicia faba) and of soya bean (Glycine max) suitable to the
national climatic conditions and which satisfies the
germination capacity requirements of Directives 66/401/
EEC or 2002/57/EC respectively is insufficient and is
that
therefore not adequate to meet
Member State.

the needs of

It is not possible to meet the demand for seed of these
satisfactorily with seed from other Member
species
States or from third countries which satisfies all the
requirements laid down in Directives 66/401/EEC or
2002/57/EC respectively.

Accordingly, France should be authorised to permit the
marketing of seed of these species subject to less strin-
gent requirements for a period expiring on 30 April
2004.

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

It is appropriate that France 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. 2298/66. Directive as last amended by Direc-

tive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(2) OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive

2003/61/EC.

(3) OJ L 8, 14.1.2003, p. 10. Decision as amended by Decision 2003/

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

The marketing in the Community of seed of field bean (Vicia
faba) 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 April 2004, in accord-
ance 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 that set out in the

Annex to this Decision;

(b) the official label must state the germination ascertained in
the official examination carried out pursuant to Article
2(1)(C)(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 soya bean (Glycine
max) 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 April 2004, in accord-
ance 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 that set out in the

Annex to this Decision;

(b) the official label must state the germination ascertained in
the official examination carried out pursuant to Article
2(1)(f) and (g) of Directive 2002/57/EC;

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

accordance with Article 3 of this Decision.

30.3.2004

EN

Official Journal of the European Union

L 91/57

Article 3

Any seed supplier wishing to place on the market the seeds
referred to in Articles 1 and 2 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 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, 24 March 2004.

France shall act as coordinating Member State in respect of
Articles 1 and 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
(tonnes)

Minimum germination
(% of pure seed)

Glycine max

(maturity class: medium late) Dekabig, Zen,
Sapporo,
Safrana, Nikko, Celior,
Giulietta, Paoki

Fukui,

(maturity class: medium late to late)
Mariana

Imari,

Vicia faba

Divine, Gloria, Maya, Melodie, Victoria

2 500

700

3 980

75

80