Commission Regulation (EC) No 217/2006 of  8 February 2006  laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination   (Text with EEA relevance)
Date: 2006-02-08
Institutions: European Commission
Subjects: exchange of information, labelling, market approval, marketing standard, plant health legislation, seed

9.2.2006

EN

Official Journal of the European Union

L 38/17

COMMISSION REGULATION (EC) No 217/2006

of 8 February 2006

laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC,
2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily
the marketing of seed not satisfying the requirements in respect of the minimum germination

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Member States have all
the information necessary to
evaluate and respond to the application, a consultation
procedure between the Commission and the Member
State appears to be the appropriate instrument.

Having regard to Council Directive 66/401/EEC of 14 June
seed (1), and in
1966 on the marketing of
particular Article 17(3) thereof,

fodder plant

(4)

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

opinion

the

the

of

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the rules applying to requests
1.
by Member States for authorisation to permit temporarily the
marketing of seed which does not satisfy the requirements in
respect of minimum germination made under:

(a) Article 17(1) of Directive 66/401/EEC;

(b) Article 17(1) of Directive 66/402/EEC;

(c) Article 24(1) of Directive 2002/54/EC;

(d) Article 38(1) of Directive 2002/55/EC; and

(e) Article 21(1) of Directive 2002/57/EC.

Having regard to Council Directive 66/402/EEC of 14 June
1966 on the marketing of cereal seed (2), and in particular
Article 17(3) thereof,

Having regard to Council Directive 2002/54/EC of 13 June
2002 on the marketing of beet seed (3), and in particular
Article 24(3) thereof,

Having regard to Council Directive 2002/55/EC of 13 June
2002 on the marketing of vegetable seed (4), and in particular
Article 38(3) thereof,

Having regard to Council Directive 2002/57/EC of 13 June
2002 on the marketing of seed of oil and fibre plants (5), and
in particular Article 21(3) thereof.

Whereas:

66/401/EEC,

to Directives

the quantity of

Pursuant
66/402/EEC,
2002/54/EC, 2002/55/EC and 2002/57/EC, seed can be
marketed only where the requirements in respect of the
minimum germination capacity have been met, or in
cases where
seed which
satisfies the germination capacity requirements is insuf-
ficient,
for a limited
period, the marketing of prescribed maximum quantities
of seed which does not satisfy the requirements laid
down in those directives in respect of the minimum
germination capacity.

the Commission has permitted,

available

(1)

(2)

(3)

The process of granting the authorisations is currently
too slow.

In order to simplify and accelerate the authorisation
procedure while ensuring that the Commission and the

This Regulation does not apply to the marketing of ‘basic
2.
seeds’ as defined by the Directives referred to in paragraph 1.

Article 2

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

Directive 2004/117/EC.

(3) OJ L 193, 20.7.2002, p. 12. Directive as last amended by Directive

2004/117/EC.

(4) OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive

2004/117/EC.

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

2004/117/EC.

1.
A Member State which is affected by supply difficulties
and wishes to permit temporarily the marketing of seed which
does not satisfy the requirements in respect of minimum germi-
nation (hereinafter ‘the requesting Member State’) shall submit
to the Commission a request setting out
the information
referred to in Article 3. At the same time the other Member
States shall be notified by the requesting Member State. Contact
points shall be designated by each Member State.

L 38/18

EN

Official Journal of the European Union

9.2.2006

2. Within 15 days after the communication provided for in
paragraph 1, other Member States may notify the Commission
and the requesting Member State of:

(a) either an offer of available seeds which can overcome the

temporary difficulties in supply; or

(b) objections to the marketing of seed not satisfying the
requirements of the Directives referred to in Article 1(1).

Seeds covered by the request up to the quantity requested
3.
by the requesting Member State may be marketed throughout
the Community without satisfying the requirements of
the
Directives referred to in Article 1(1)
if, within the period
referred to in paragraph 2, no offers or objections are
notified to the
and to the
Commission, or where offers are made and the requesting
Member State and the offering Member State(s) can agree that
the offers are unsuitable, unless within the same period the
Commission has informed the requesting Member State that it
considers that the request is not justified.

requesting Member State(s)

The Commission shall communicate to the contact points
designated by each Member State, and shall publish on its
is
website,
authorised, including the quantity allowed.

conditions under which the marketing

the

If the conditions under paragraph 3 cannot be met, or the
the
the request
inform the contact points designated by

4.
Commission considers that
Commission shall
each Member State.

justified,

is not

The matter shall be submitted to the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticulture and
Forestry and, where appropriate, a decision approving or
rejecting the request shall forthwith be adopted in accordance
with the procedure referred to in the provisions referred to in
Article 1(1).

Article 3

The information required in accordance with Article 2(1) shall
include the following:

(a) species and varieties, notably the characteristics in respect of

cultivation and use;

(b) the expected minimum germination;

(c)

the quantities involved;

(d) supporting documentation explaining the reason for the

request;

(e)

the proposed marketing destination,
regions of
seed supply difficulties;

identifying those
the requesting Member State affected by the

(f)

the period of application requested for the authorisation.

Article 4

Without prejudice to any labelling required by the Directives
referred to in Article 1(1), the official label on seed shall contain
the statement
the seed in question is of a category
satisfying less stringent requirements than those laid down by
the minimum germination
those Directives, and details of
capacity of the seed.

that

Article 5

Subject to the conditions set out in this Regulation, the
1.
Member States shall allow suppliers to place on the market seed
authorised in accordance with Article 3. They may require
suppliers
to seek permission in advance, which may be
refused if:

(a)

there is sufficient evidence to doubt whether the supplier is
able to place on the market the amount of seed for which
he has sought permission; or

(b) the total quantity for which the supplier seeks permission
pursuant to the derogation concerned would exhaust the
maximum quantity authorised for the Community under
Article 2.

The requesting Member State shall coordinate the work of
the total

2.
the other Member States in order to ensure that
amount authorised is not exceeded.

The Member States shall assist each other administratively
3.
inform the
in the application of this Regulation. They shall
Commission and the other Member States of
the contact
points referred to in Article 2(1) within one month of entry
into force of this Regulation.

Article 6

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 February 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission