2005/435/EC: Commission Decision of 9 June 2005 providing for the temporary marketing of certain seed of the species Pisum sativum, Vicia faba and Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively (notified under document number C(2005) 1692)   (Text with EEA relevance)
Date: 2005-06-09
Institutions: European Commission
Subjects: Finland, derogation from EU law, flax, leguminous vegetable, market approval, seed

14.6.2005

EN

Official Journal of the European Union

L 151/23

COMMISSION DECISION

of 9 June 2005
providing for the temporary marketing of certain seed of the species Pisum sativum, Vicia faba and
Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC or
2002/57/EC respectively

(notified under document number C(2005) 1692)

(Text with EEA relevance)

(2005/435/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 66/401/EEC of 14 June
seed (1), and in
1966 on the marketing of
particular Article 17(1) thereof,

fodder plant

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (2), and
in particular Article 21(1) thereof,

Whereas:

(5)

(6)

It is appropriate that Finland 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

In Finland the quantity of available seed of field pea
(Pisum sativa), of field bean (Vicia faba) and of linseed
(Linum usitatissimum) suitable to the national climatic
conditions and which satisfies the germination capacity
requirements of Directives 66/401/EEC or 2002/57/EC
respectively is insufficient and is therefore not adequate
to meet the needs of that Member State.

The marketing in the Community of seed of field pea (Pisum
sativa) and of field bean (Vicia faba), which does not satisfy the
minimum germination capacity requirements laid down in
Directive 66/401/EEC shall be permitted, for a period expiring
on 31 May 2005, in accordance with the terms set out in the
Annex to this Decision and subject to the following conditions:

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 Directives 66/401/EEC or
2002/57/EC respectively.

countries which satisfies

from third

all

Accordingly, Finland should be authorised to permit the
to less
marketing of
stringent requirements for a period expiring on 31 May
2005.

these species

seed of

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
in third
and
countries (3) which are in a position to supply Finland
with seed of that species, should be authorised to permit
the marketing of such seed.

seed produced

equivalence of

the

(1) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by

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

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

2004/117/EC.

(3) OJ L 8, 14.1.2003, p. 10. Decision as amended by Decision

2003/403/EC (OJ L 141 7.6.2003, p. 23).

(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)(Ca)(d) and 2(1)(Cb)(d) of Directive 66/401/EEC;

(c)

the seed must have been first placed on the market in
accordance with Article 3 of this Decision.

Article 2

The marketing in the Community of seed of linseed (Linum
usitatissimum) which does not satisfy the minimum germination
capacity requirements laid down in Directive 2002/57/EC shall
be 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 31 May 2005,

(a)

the germination capacity must be at least that set out in the
Annex to this Decision;

(1)

(2)

(3)

(4)

L 151/24

EN

Official Journal of the European Union

14.6.2005

(b) the official label must state the germination ascertained in
to Article

the official examination carried out pursuant
2(1)(f)(iv) and 2(1)(g)(iv) of Directive 2002/57/EC;

Finland shall act as coordinating Member State in respect of
Articles 1 and 2 in order to ensure that the total amount
authorised does not exceed the maximum quantity specified
in the Annex.

(c)

the seed must have been first placed on the market in
accordance with Article 3 of this Decision.

Article 3

Any seed supplier wishing to place on the market the seeds
referred to in Articles 1 and 2 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 4

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

Any Member State receiving an application under Article 3 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 5

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.

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 9 June 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

14.6.2005

EN

Official Journal of the European Union

L 151/25

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Minimum germination
(% of pure seed)

Pisum sativum

Vicia faba

Linun usitatissimum

Karita, Sunna, Perttu, Julia, Stok

Kontu

Helmi

30

10

20

70

70

65