2004/894/EC: Commission Decision of 20 December 2004 providing for the temporary marketing of certain seed of the species Triticum aestivum, not satisfying the requirements of Council Directive 66/402/EEC (notified under document number C(2004) 5028)Text with EEA relevance
Date: 2004-12-20
Institutions: European Commission
Subjects: derogation from EU law, marketing, marketing standard, plant health control, seed

23.12.2004

EN

Official Journal of the European Union

L 375/33

COMMISSION DECISION

of 20 December 2004
providing for the temporary marketing of certain seed of the species Triticum aestivum, not
satisfying the requirements of Council Directive 66/402/EEC

(notified under document number C(2004) 5028)

(Text with EEA relevance)

(2004/894/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty
Community,

establishing the European

in this Decision are in
The measures provided for
accordance with
Standing
the
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

opinion

the

of

Having regard to Council Directive 66/402/EEC of 14 June
1966 on the marketing of cereal seed (1), and in particular
Article 17 thereof,

HAS ADOPTED THIS DECISION:

Article 1

In Denmark the quantity of available seed of winter
(Triticum aestivum) suitable to the
varieties of wheat
national climatic conditions and which satisfies
the
germination
Directive
66/402/EEC is insufficient and is therefore not adequate
to meet the needs of the Member State.

requirements

capacity

of

It is not possible to meet the demand for seed of that
species satisfactorily with seed from other Member States
or
the
requirements laid down in Directive 66/402/EEC.

countries, which satisfies

from third

all

The marketing in the Community of seed of winter wheat
which does not satisfy the minimum germination capacity
laid down in Directive 66/402/EEC shall be
requirements
permitted, for a period expiring on 30 November 2004,
in
accordance with the terms set out
in the Annex to this
Decision and subject to the following conditions:

(a)

the germination capacity is at least 75 % of pure seed;

(b) the official
official
2(1)(F)(d) and 2(1)(G)(d) of Directive 66/402/EEC;

label states the germination ascertained in the
to Articles

examination carried out pursuant

Accordingly, Denmark should be authorised to permit
to less
the marketing of seed of
stringent
requirements for a period expiring on 30
November 2004.

that species subject

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
seed produced in third
and on the equivalence of
countries (2) which are in a position to supply Denmark
with seed of that species, should be authorised to permit
the marketing of such seed.

(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 Articles 1 shall apply to the Member State in
which he is established.

The Member State concerned shall authorise the supplier to
place that seed on the market, unless:

It
is appropriate that Denmark 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.

(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

(1) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by

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

(2) 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).

(b) the total quantity authorised to be marketed pursuant to the
derogation concerned would exceed the maximum quantity
specified in the Annex.

Whereas:

(1)

(2)

(3)

(4)

(5)

L 375/34

EN

Official Journal of the European Union

23.12.2004

Article 3

Article 4

The Member States shall assist each other administratively in the
application of this Decision.

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.

Denmark shall act as coordinating Member State in order to
ensure that the total amount authorised does not exceed the
maximum quantity specified in the Annex.

Article 5

This Decision is addressed to the Member States.

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 quantity
being exceeded.

Done at Brussels, 20 December 2004.

For the Commission

Markos KYPRIANOU
Member of the Commission

Species

Triticum aestivum

ANNEX

Variety

Abika, Bill, Elvis, Globus, Grommit,
Hattrick, Opus, Robigus, Senat,
Smuggler, Solist, Tulsa, Tritex

Maximum quantity (tonnes)

45 000