2004/297/EC: Commission Decision of 29 March 2004 authorising the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to postpone the application of certain provisions of Council Directives 2002/53/EC and 2002/55/EC with regard to the marketing of seeds of certain varieties (Text with EEA relevance) (notified under document number C(2004) 962)
Date: 2004-03-29
Institutions: European Commission
Subjects: crop production, marketing, seed

L 97/66

EN

Official Journal of the European Union

1.4.2004

COMMISSION

COMMISSION DECISION

of 29 March 2004

authorising the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to postpone the
application of certain provisions of Council Directives 2002/53/EC and 2002/55/EC with regard to
the marketing of seeds of certain varieties

(notified under document number C(2004) 962)

(Text with EEA relevance)

(2004/297/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty of Accession of
the Czech
Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic, and in particular
Article 2(3) thereof,

Having regard to the Act of Accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic, and in particular Article 42
thereof,

Whereas:

(1)

(2)

Pursuant to Article 42 of the Act of Accession, the
Commission may adopt transitional measures if these
transitional measures are necessary to facilitate the tran-
sition from the existing regime in the new Member
States to that resulting from the application of the Com-
munity veterinary and phytosanitary rules. Those rules
include the rules in respect of marketing of seeds.

Council Directive 2002/53/EC of 13 June 2002 on the
common catalogue of varieties of agricultural plant
species (1) and Council Directive 2002/55/EC of 13 June
2002 on the marketing of vegetable seed (2) provide that
seeds of varieties of plant species covered by Directives
as referred to in Article 1(1) of Directive 2002/53/EC or
by Article 2(1)(b) of Directive 2002/55/EC may be
marketed only if the requirements of Article 4(1) and
Articles 7 and 11 of those two directives have been met.

(1) OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
(OJ L 268, 18.10.2003, p. 1).

(2) OJ L 193, 20.7.2002, p. 33. Directive as last amended by Regu-

lation (EC) No 1829/2003.

(3)

(4)

Marketing of seed of certain varieties would have to be
banned in the Czech Republic, Estonia, Lithuania,
Hungary, Poland and Slovakia from the date of acces-
sion, unless a derogation from those provisions could be
granted.

In order to enable those countries to take and to imple-
ment the measures necessary to ensure that the varieties
in question have been accepted in accordance with the
principles of the Community system, they should be
three years
allowed to postpone for a period of
following the date of accession the application of Direc-
tives 2002/53/EC and 2002/55/EC with regards to the
marketing in their territories of seeds of varieties listed
in their respective catalogues, in accordance with princi-
ples other than those of the abovementioned directives.

(5)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Agricultural, Horticultural and Forestry Seeds and
Plants,

HAS ADOPTED THIS DECISION:

Article 1

By derogation from Article 4(1), Article 7 and Article 11 of
Directives 2002/53/EC and 2002/55/EC, the Czech Republic,
Estonia, Lithuania, Hungary, Poland and Slovakia may postpone
for a period of three years following the date of accession the
application of the said directives with regard to the marketing
in their territory of seeds of varieties listed in their respective
national catalogues of varieties of agricultural plant species and
of vegetable plant species, which have not been officially
accepted in accordance with the provisions of those Directives.

1.4.2004

EN

Official Journal of the European Union

L 97/67

During that period, such seeds shall only be marketed in the
territory of the respective Member States concerned. Any label
or document, official or otherwise, which is affixed to or
accompanies the seed lot under the provisions of this Decision
shall clearly indicate that the seed is intended to be marketed
exclusively in the territory of the country concerned.

Article 2

the Treaty of Accession of

This Decision shall apply subject to and as from the date of the
the Czech
entry into force of
Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 March 2004.

For the Commission

David BYRNE

Member of the Commission