2005/841/EC: Commission Decision of  28 November 2005  providing for the temporary marketing of certain seed of the species  Triticum durum , not satisfying the requirements of Council Directive 66/402/EEC  (notified under document number C(2005) 4527)   (Text with EEA relevance)
Date: 2005-11-28
Institutions: European Commission
Subjects: Austria, cereals, market approval, marketing, marketing standard, seed

29.11.2005

EN

Official Journal of the European Union

L 312/65

COMMISSION DECISION

of 28 November 2005
providing for the temporary marketing of certain seed of the species Triticum durum, not satisfying
the requirements of Council Directive 66/402/EEC

(notified under document number C(2005) 4527)

(Text with EEA relevance)

(2005/841/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 Austria act 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 Austria the quantity of available seed of winter
varieties of durum wheat (Triticum durum) suitable for
the 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

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 November
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
field
16 December 2002 on the
equivalence of
inspections 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 that species, should be authorised to
permit the marketing of such seed.

Article 1

The marketing in the Community of seed of winter durum
wheat which does not
satisfy the minimum germination
capacity requirements laid down in Directive 66/402/EEC shall
be permitted, for a period expiring on 15 November 2005, 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

label states the germination ascertained in the
official examination or the examination carried out under
official
and
2(1)(G)(d) of Directive 66/402/EEC,

supervision pursuant

to Article 2(1)(F)(d)

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

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

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

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

L 312/66

EN

Official Journal of the European Union

29.11.2005

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.

Member State shall immediately inform the notifying Member
State as to whether authorisation would result in the maximum
quantity being exceeded.

Article 4

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 3

Article 5

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

This Decision is addressed to the Member States.

Austria 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.

Done at Brussels, 28 November 2005.

Any Member State receiving an application under Article 2 shall
immediately notify the coordinating Member State of
the
co-ordinating
amount

application. The

covered by

the

For the Commission

Markos KYPRIANOU
Member of the Commission

ANNEX

Species

Type of variety

Maximum quantity
(tonnes)

Triticum durum

Auradur, Heradur, Inverdur, Prowidur, Superdur, Windur

500