2005/435/EC: Commission Decision of 9 June 2005 providing for the temporary marketing of certain seed of the species Pisum sativum, Vicia faba and Linum usitatissimum not satisfying the requirements of Council Directives 66/401/EEC or 2002/57/EC respectively (notified under document number C(2005) 1692) (Text with EEA relevance)

• Articles: 7

Article 1

The marketing in the Community of seed of field pea ( Pisum sativa ) and of field bean ( Vicia faba ), which does not satisfy the minimum germination capacity requirements laid down in Directive 66/401/EEC shall be permitted, for a period expiring on 31 May 2005, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:

(a)

the germination capacity must be at least that set out in the Annex to this Decision;

(b)

the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(Ca)(d) and 2(1)(Cb)(d) of Directive 66/401/EEC;

(c)

the seed must have been first placed on the market in accordance with Article 3 of this Decision.

Article 2

The marketing in the Community of seed of linseed ( Linum usitatissimum ) which does not satisfy the minimum germination capacity requirements laid down in Directive 2002/57/EC shall be permitted, for a period expiring on 31 May 2005, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:

(a)

the germination capacity must be at least that set out in the Annex to this Decision;

(b)

the official label must state the germination ascertained in the official examination carried out pursuant to Article 2(1)(f)(iv) and 2(1)(g)(iv) of Directive 2002/57/EC;

(c)

the seed must have been first placed on the market in accordance with Article 3 of this Decision.

Article 3

Any seed supplier wishing to place on the market the seeds referred to in Articles 1 and 2 shall apply for authorisation to the Member State in which he is established or importing.

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 has applied for authorisation; or

(b)

the total quantity authorised to be marketed pursuant to the derogation concerned would exceed the maximum quantity specified in the Annex.

Article 4

The Member States shall assist each other administratively in the application of this Decision.

Finland shall act as coordinating Member State in respect of Articles 1 and 2 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 under Article 3 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.

Article 5

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.

Article 6

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX

ANNEX

Species

Type of variety

Maximum quantity

(tonnes)

Minimum germination

(% of pure seed)

Pisum sativum

Karita, Sunna, Perttu, Julia, Stok

30

70

Vicia faba

Kontu

10

70

Linun usitatissimum

Helmi

20

65