CELEX: 31977D0161
Language: en
Date: 1977-02-07 00:00:00
Title: Commission Decision of 7 February 1977 authorizing in particular Ireland and the United Kingdom to permit temporarily the marketing of seeds of certain species not complying with Community conditions

23 . 2. 77                                Official Journal of the European Communities                                 No L 51 / 13
                                                                   II
                                              (Acts whose publication is not obligatory)
                                                     COMMISSION
                                                    COMMISSION DECISION
                                                        of 7 February 1977
               authorizing in particular Ireland and the United Kingdom to permit tempor­
               arily the marketing of seeds of certain species not complying with Community
                                                             conditions
                                    (Only the Dutch , English and German texts are authentic)
                                                            (77/ 161 / EEC)
THE COMMISSION OF THE EUROPEAN                                          Whereas the said temporary difficulties should be
COMMUNITIES,                                                            taken into account, and Ireland and the United
                                                                        Kingdom should be authorized to permit, for a period
Having regard to the Treaty establishing the European                   expiring on 31 July 1977, the marketing of seeds of
Economic Community,                                                     the abovementioned species subject to less stringent
                                                                        requirements, provided that the small quantities
Having regard to Council Directives 66/400/ EEC and                     referred to above are taken into account ;
66/401 / EEC of 14 June 1966 on the marketing of
beet seed ('), and fodder plant seed (2), as last amended
by Commission Directive 76/331 / EEC (3), and                           Whereas in addition it is necessary to authorize those
Council Directive 75/444/ EEC (4) respectively, and in                  other Member States which are able to supply Ireland
particular Article 17 thereof,                                          and the United Kingdom with swede and fodder kale
                                                                        seed subject to less stringent requirements, to permit
Having regard to the requests made by Ireland and                       the marketing of such seed, provided that it is
the United Kingdom ,                                                    intended exclusively for Ireland and the United
                                                                        Kingdom ;
Whereas in Ireland and the United Kingdom the
production of fodder beet seed of varieties with                        Whereas the measures provided for in this Decision
specific characteristics for a given use and of swede                   are in accordance with the opinion of the Standing
and fodder kale seed, in accordance with the rules of                   Committee on Seeds and Propagating Material for
the above Directives, have been insufficient mainly                     Agriculture, Horticulture and Forestry,
due, in the case of fodder beet seed, to temporary diffi­
culties arising from a change in production conditions
required by the accession of these two countries ;
Whereas it has not been possible adequately to meet                     HAS ADOPTED THIS DECISION :
these needs with 'certified seed ' from other Member
States meeting all the conditions laid down in these
Directives, with the exception of small quantities of
seeds of swede and fodder kale ;                                                                 Article 1
(')  OJ No  125 , 11 . 7 . 1966, p . 2290 / 66 .
(2 ) OJ No  L 125, 11 . 7 . 1966, p . 2298 / 66 .                        1.      Ireland and the United Kingdom are hereby
(3)  OJ No  L 83 , 30 . 3 . 1976, p. 34 .                               authorized to permit, for a period expiring on 31 July
(4 ) OJ No  L 196, 26 . 7 . 1975 , p. 6 .                                1 '> 77, the marketing on their territory, of a maximum
 ---pagebreak--- No L 51 / 14                        Official Journal of the European Communities                              23 . 2. 77
of 85 tonnes of fodder beet seed (Beta vulgaris L.) of             nation capacity laid down in Annex II to the
varieties with the characteristics proper to ' mangels'            Directive referred to in paragraph 2, provided that
which have not been officially certified, provided                 the following requirements are satisfied :
that :
                                                                   (a) the germination capacity is at least 70 % of
(a) the seed satisfied the conditions laid down in Part                 pure seed ;
     B of Annex I to Directive 66/400 / EEC, with the              (b) the official label shows that the germination
     exception of the provisions relating to identity and               capacity is reduced :
     varietal purity, referred to under point 1 ;
                                                                        'Minimum germination capacity 70 %' and
(b) the packages containing the seed bear an official                   also bears the words 'Intended exclusively for
     label which is brown and states :
                                                                        Ireland or the United Kingdom'.
     — that the seed has not has not been officially
          certified ,                                         4. With regard to swede and fodder kale, Ireland
                                                              and the United Kingdom shall use the authorization
     — the examining authority,
                                                              given successively under paragraphs 2 and 3 to market
     — the type or variety,                                   such quantities of seed of these species of the category
     — the reference number or the lot,                       'certified seed' in accordance with the rules of the
     — the declared net or gross weight,                       Directive referred to in paragraph 2 as may be
     — the words ' Intended exclusively for Ireland or         supplied by mother Member States.
          the United Kingdom' ;
                                                                                        Article 2
(c) packages containing the seed bear a special label
     from the supplier indicating and guaranteeing the        The Federal Republic of Germany and the Kingdom
     variety of seed ;                                         of the Netherlands are hereby authorized to permit,
(d) official tests are carried out a posteriori to check       under the same conditions, the marketing in their
     whether the statement concerning the variety is           territories of the seed referred to in Article 1 (2) and
     accurate .                                               (3) provided that it is intended exclusively for Ireland
                                                               or the United Kingdom . The official label shall bear
2. The United Kingdom is hereby authorized to                  the words ' Intended exclusively for Ireland or the
permit, for a period expiring on 31 July 1977, the             United Kingdom'.
marketing on its territory of a maximum of 500
tonnes of fodder kale seed ( Brassica oleracea L. convar,
                                                                                        Article 3
acephala (DC)) of the category 'certified seed' of the
first generation which does not satisfy the require­           Ireland, the United Kingdom, the Federal Republic of
ments with regard to minimum germination capacity              Germany and the Kingdom of the Netherlands shall
laid down in Annex II to Directive 66/401 / EEC,
                                                               notify the Commission, before 1 October 1977, of the
provided that the following requirments are satisfied :        quantities of seed marketed in their territories under
(a) the germination capacity is at least 70 % of pure          this Decision . The Commission shall inform other
     seed ;                                                    Member States thereof.
(b) the official label shows that the germination
     capacity is reduced : 'Minimum germination                                         Article 4
     capacity 70 % ' and also bears the words ' Intended
     exclusively for the United Kingdom'.                      This Decision is addressed to Ireland, the United
                                                               Kingdom, the Federal Republic of Germany and the
3.      Ireland and the United Kingdom are hereby              Kingdom of the Netherlands.
authorized to permit, for a period expiring on 31 July
 1977, the marketing on their territory of :
— a maximum of 200 tonnes of swede seed (Brassica              Done at Brussels, 7 February 1977.
     napus L. var. napobrassica (L.) Peterm .), and
                                                                                          For the Commission
— a maximum of 125 tonnes of fodder kale seed
     ( Brassica oleracea L. Convar. acephala (DC)) of the                                  Finn GUNDELACH
     category 'commercial seed' which does not satisfy
     the requirements with regard to minimum germi­                                           Vice-President