2012/116/EU: Commission Implementing Decision of 22 February 2012 providing for the temporary marketing of seed of the species Triticum durum Desf. belonging to the variety Marialva not satisfying the requirements of Council Directive 66/402/EEC as regards the maximum content of seeds of wheat ( Triticum aestivum L.) (notified under document C(2012) 1114)

24.2.2012 EN Official Journal of the European Union L 52/26
COMMISSION IMPLEMENTING DECISION
of 22 February 2012
providing for the temporary marketing of seed of the species Triticum durum Desf. belonging to the variety Marialva not satisfying the requirements of Council Directive 66/402/EEC as regards the maximum content of seeds of wheat (Triticum aestivum L.)
(notified under document C(2012) 1114)
(2012/116/EU)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1), and in particular Article 17(1) thereof,
Whereas:
(1) In Portugal the quantity of available seed of durum wheat (Triticum durum Desf.) of the category ‘certified seed’, second generation, of the variety Marialva, which is suitable for the national environmental conditions and which satisfies the requirements of Directive 66/402/EEC in respect of the maximum content of seeds of wheat (Triticum aestivum L.) is insufficient and is therefore not adequate to meet the needs of that Member State.
(2) The demand for such seed cannot be satisfied by seed from other Member States or from third countries fulfilling all the requirements laid down in Directive 66/402/EEC.
(3) Consequently, Portugal should be authorised to permit the marketing of seed of that variety, subject to less stringent requirements than apply to certified seed, second generation, for a period expiring on 29 February 2012 and up to a maximum quantity of 130 tonnes.
(4) In addition, other Member States which are in a position to supply Portugal with seed of this variety, irrespective of whether it was harvested in a Member State or in a third country, should be authorised to permit the marketing of such seed.
(5) It is appropriate that Portugal act as a coordinator in order to ensure that the total amount of seed authorised pursuant to this Decision does not exceed the maximum quantity covered by this Decision.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,