2004/893/EC: Commission Decision of 20 December 2004 providing for the temporary marketing of certain seed of the species Secale cereale, not satisfying the requirements of Council Directive 66/402/EEC (notified under document number C(2004) 5027)Text with EEA relevance
Date: 2004-12-20
Institutions: European Commission
Subjects: derogation from EU law, marketing, marketing standard, plant health control, rye

23.12.2004

EN

Official Journal of the European Union

L 375/31

COMMISSION DECISION

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

(notified under document number C(2004) 5027)

(Text with EEA relevance)

(2004/893/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

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,

(6)

It is appropriate that Latvia acts as coordinator in order
the total amount of seed authorised
to ensure that
exceed the
pursuant
maximum quantity covered by this Decision.

to this Decision does not

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

Whereas:

HAS ADOPTED THIS DECISION:

(1)

(2)

(3)

(4)

In Latvia the quantity of available seed of winter varieties
of rye (Secale cereale) suitable to the national climatic
conditions and which satisfies
the requirements of
Directive 66/402/EEC in respect of the presence of the
harmful organism Claviceps purpurea is insufficient and
therefore not adequate to meet
the
Member State.

the needs 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

Accordingly, Latvia should be authorised to permit the
marketing of seed of that species subject to less stringent
requirements for a period expiring on 30 November
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 on the equivalence of
seed produced in third
countries (2) which are in a position to supply Latvia
with seed of
should be authorised to
that
permit the marketing of such seed.

species,

Article 1

satisfy the requirements

The marketing in the Community of seed of winter rye which
laid down in Directive
does not
the harmful
66/402/EEC in respect of
the presence of
organism Claviceps purpurea shall be 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 maximum number of sclerotia or fragments of sclerotia of
Claviceps purpurea present in a sample of 500 grams of seed
of the category ‘basic seed’ or ‘certified seed’ is 15;

(b) the official label states the number of sclerotia or fragments
of sclerotia of Claviceps purpurea as ascertained in the official
examination carried out pursuant to Article 2(1)(E)(d) of
Directive 66/402/EEC;

(c)

the seed must have been first placed on the market in
accordance with Article 2 of this Decision.

Article 2

(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).

Any seed supplier wishing to place on the market the seeds
referred to in Article 1 shall apply to the Member State in
which he is established.

L 375/32

EN

Official Journal of the European Union

23.12.2004

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

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.

Article 4

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

immediately notify the Commission and
Member States shall
the other Member States of the quantities in respect of which
they have granted marketing authorisation pursuant
to this
Decision.

Article 3

This Decision is addressed to the Member States.

Article 5

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

Done at Brussels, 20 December 2004.

Latvia 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.

For the Commission

Markos KYPRIANOU
Member of the Commission

Species

ANNEX

Variety

Secale cereale

Kaupo, Puhovčanka, Valdai

Maximum quantity
(tonnes)

800