2003/765/EC: Commission Decision of 23 October 2003 providing for the temporary marketing of certain seed of the species Secale cereale and Triticum durum, not satisfying the requirements of Council Directive 66/402/EEC (Text with EEA relevance) (notified under document number C(2003) 3862)
1. The marketing in the Community of seed of winter durum wheat and rye which does not satisfy the minimum germination capacity requirements laid down in Directive 66/402/EEC shall be permitted, for a period expiring on 30 November 2003, 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 that set out in the Annex to this Decision;
(b) the official label states the germination ascertained in the official examination carried out pursuant to Articles 2(1)(F)(d) and 2(1)(G)(d) of Directive 66/402/EEC.
2. The marketing in the Community of the seed referred to in paragraph 1 shall be permitted only where the seed was first placed on the market in accordance with Article 2 of this Decision.
Any seed supplier wishing to place on the market the seeds referred to in Article 1 shall apply to the Member State in which he or she is established for authorisation.
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 or she has applied for authorisation;
(b) the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex.
The Member States shall assist each other administratively in the application of this Decision.
Austria shall act as coordinating Member State in respect of Article 1 in order to ensure that the total amount authorised does not exceed the maximum quantity specified in the Annex.
Any Member State receiving an application pursuant to Article 2 shall immediately notify the coordinating Member State of the amount covered by the application. The coordinating Member State shall immediately inform the notifying Member State as to whether authorisation would result in the maximum quantity being exceeded.
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.
This Decision is addressed to the Member States.
Done at Brussels, 23 October 2003.
For the Commission
David Byrne
Member of the Commission
(1) OJ 125, 11.7.1966, p. 2309/66.
(2) OJ L 165, 3.7.2003, p. 23.
Supplementary provisions
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
