2004/329/EC: Commission Decision of 6 April 2004 providing for the temporary marketing of certain seed of the species Glycine max not satisfying the requirements of Council Directive 2002/57/EC (Text with EEA relevance) (notified under document number C(2004) 1258)
Date: 2004-04-06
Institutions: European Commission
Subjects: marketing standard, seed, soya bean

8.4.2004

EN

Official Journal of the European Union

L 104/133

COMMISSION DECISION

of 6 April 2004

providing for the temporary marketing of certain seed of the species Glycine max not satisfying
the requirements of Council Directive 2002/57/EC

(notified under document number C(2004) 1258)

(Text with EEA relevance)

(2004/329/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 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (1), and in
particular Article 21(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

In Italy the quantity of available seed of soya bean
(Glycine max) suitable to the national climatic conditions
and which satisfies the germination capacity require-
ments of Directive 2002/57/EC is insufficient and is
therefore not adequate to meet
that
Member State.

the needs of

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

Accordingly, Italy should be authorised to permit the
marketing of seed of these species subject to less strin-
gent requirements for a period expiring on 15 June
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 (2) which are in a position to supply Italy with seed
of
the
that species, should be authorised to permit
marketing of such seed.

It is appropriate that Italy 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.

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 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 15 June 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 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 L 193, 20.7.2002, p. 74. Directive as last amended by Directive

2003/61/EC.

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

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

Italy 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.

L 104/134

EN

Official Journal of the European Union

8.4.2004

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 5

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 6 April 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

Maximum quantity
(tonnes)

Minimum germination
(% of pure seed)

Glycine max

(maturity class: medium late) Dekabig,
Zen, Atlantic, Lory, Lynda, Magnum,
Target

(maturity class: early) Yoda

2 250

250

75