2007/329/EC: Commission Decision of 2 May 2007 laying down transitional measures derogating from Council Directive 2002/53/EC as regards the marketing of seed of Helianthus annuus of varieties which have not been assessed as resistant to Orobanche spp., by reason of the accession of Bulgaria (notified under document number C(2007) 1822) (Text with EEA relevance)
Date: 2007-05-02
Institutions: European Commission
Subjects: Bulgaria, crop production, derogation from EU law, marketing, seed, transitional period (EU)

11.5.2007

EN

Official Journal of the European Union

L 122/59

COMMISSION DECISION

of 2 May 2007

laying down transitional measures derogating from Council Directive 2002/53/EC as regards the
marketing of seed of Helianthus annuus of varieties which have not been assessed as resistant to
Orobanche spp., by reason of the accession of Bulgaria
(notified under document number C(2007) 1822)

(Text with EEA relevance)

(2007/329/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty of Accession of Bulgaria and
Romania,

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

opinion

the

of

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

HAS ADOPTED THIS DECISION:

Whereas:

(1)

(2)

(3)

Pursuant to Council Directive 2002/53/EC of 13 June
2002 on the common catalogue of varieties of agri-
cultural plant species (1) seed of varieties of agricultural
plant species accepted in accordance with that Directive
or in accordance with principles corresponding to those
of that Directive is not to be subject to any marketing
restrictions. Such varieties are published in a common
catalogue of varieties of agricultural plant species, here-
inafter ‘common catalogue’, which is compiled on the
basis of the national catalogues of the Member States.

The resistance to Orobanche spp. of varieties of Helianthus
annuus represents an important factor for the cultivation
of this species in Bulgaria and varieties which are not
resistant should be considered unsuitable. Yet, it is not
known whether the varieties accepted by other Member
inclusion in their national catalogues are
States
resistant to Orobanche spp.

for

should

therefore

authorised,

until
Bulgaria
be
the marketing in its
31 December 2009, to prohibit
territory of seed of varieties of listed in the common
catalogue which have not been assessed as resistant to
Orobanche spp. This period will enable Bulgaria to assess,
through tests and the gathering of information, whether
the varieties of Helianthus annuus listed in the common
catalogue are resistant to Orobanche spp., and if necessary
to
under Directive
take
2002/53/EC.

appropriate measures

Article 1

By way of derogation from Article 16(1) of Directive
1.
2002/53/EC, Bulgaria may, until 31 December 2009, prohibit
the marketing in its territory of seed of varieties of Helianthus
annuus listed in the common catalogue of varieties of agri-
cultural plant species which have not been assessed,
in the
the variety to the national
framework of
catalogue, as resistant to Orobanche spp.

the admission of

2. Member States shall notify the list of varieties which have
been thus assessed as resistant to Orobanche spp. to the other
Member States and the Commission within 20 days after the
notification of this Decision, at the latest. They shall regularly
update that list.

The common catalogue of varieties of agricultural plant species
indicate varieties of Helianthus annuus which have been
shall
thus assessed as resistant to Orobanche spp.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 May 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation
(EC) No 1829/2003 of the European Parliament and of the Council
(OJ L 268, 18.10.2003, p. 1).