2005/310/EC: Commission Decision of 15 April 2005 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(2005) 1137) (Text with EEA relevance)
Date: 2005-04-15
Institutions: European Commission
Subjects: market approval, marketing, marketing standard, oleaginous plant, seed

19.4.2005

EN

Official Journal of the European Union

L 99/13

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 15 April 2005
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(2005) 1137)

(Text with EEA relevance)

(2005/310/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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:

(5)

(6)

(1)

(2)

(3)

(4)

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

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

countries which satisfies

from third

all

Accordingly, Austria should be authorised to permit the
marketing of seed of that species subject to less stringent
requirements for a period expiring on 15 June 2005.

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 inspec-

tions carried out in third countries on seed-producing
crops and the equivalence of seed produced in third
countries (2) which are in a position to supply Austria
with seed of
should be authorised to
that
permit the marketing of such seed.

species,

It is appropriate that Austria act as coordinator in order
the total amount of seed authorised
to ensure that
pursuant
exceed the
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

HAS ADOPTED THIS DECISION:

Article 1

The marketing in the Community of seed of soya bean (Glycine
max) which does not satisfy the minimum germination capacity
laid down in Directive 2002/57/EC shall be
requirements
permitted,
in
accordance with the terms set out
in the Annex to this
Decision and subject to the following conditions:

for a period expiring on 15 June 2005,

(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
to Article

the official examination carried out pursuant
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.

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

(2) OJ L 8, 14.1.2003, p. 10. Decision as last amended by Regulation

2004/117/EC (OJ L 14, 18.1.2005, p. 18).

(EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

L 99/14

EN

Official Journal of the European Union

19.4.2005

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:

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

(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

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.

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

Article 3

Article 5

This Decision is addressed to the Member States.

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

Done at Brussels, 15 April 2005.

Austria 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.

For the Commission

Markos KYPRIANOU
Member of the Commission

ANNEX

Species

Type of variety

Glycine max

(maturity class: very early) Dolores Gallec, Merlin, OAC Erin

(maturity class: early) Amphor, Essor, Idefix, Kent, London

Maximum
quantity
(tonnes)

1 185

1 275

Minimum
germination
(% of pure seed)

70