HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 52/26
EN
Official Journal of the European Union
24.2.2012
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,
HAS ADOPTED THIS DECISION:
Having regard to the Treaty on the Functioning of the European
Article 1
Union,
1. The marketing in the Union of seed of durum wheat
(Triticum durum Desf.) of the category ‘certified seed’, second
Having regard to Council Directive 66/402/EEC of 14 June
generation, belonging to the variety Marialva which does not
1966 on the marketing of cereal seed ( 1 ), and in particular
satisfy the requirements set out in point (2)(A) of Annex II to
Article 17(1) thereof,
Directive 66/402/EEC in respect of the maximum content of
seeds of wheat (Triticum aestivum L.) shall be permitted.
Whereas:
However, the maximum content of seeds of wheat (Triticum
aestivum L.) allowed in the seed of durum wheat (Triticum
(1) In
Portugal
the
quantity
of
available
seed
of
durum
wheat durum Desf.) specified in the first subparagraph shall be 45
(Triticum durum Desf.) of the category ‘certified seed’,
seeds in a sample of the weight specified in column 4 of
second generation, of the variety Marialva, which is
Annex III to Directive 66/402/EEC.
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
This permission shall be granted for a total quantity of up to
(Triticum aestivum L.) is insufficient and is therefore not
130 tonnes and for a period ending on 29 February 2012.
adequate to meet the needs of that Member State.
2. In
addition
to
fulfilling
the
labelling
requirements
of
Directive 66/402/EEC, the official label shall state that the
(2) The
demand
for
such
seed
cannot
be
satisfied
by
seed
from other Member States or from third countries
seed does not satisfy the requirements of point (2)(A) of
fulfilling all the requirements laid down in Directive
Annex II to that Directive in respect of maximum content of
66/402/EEC.
seeds of wheat (Triticum aestivum L.).

Article 2
(3) Consequently,
Portugal
should
be
authorised
to
permit
the marketing of seed of that variety, subject to less
1. Any
supplier
wishing
to
place
on
the
market
seed,
as
stringent requirements than apply to certified seed,
referred to in Article 1, shall apply for authorisation to the
second generation, for a period expiring on
Member State in which it is established or importing. The
29 February 2012 and up to a maximum quantity of
application shall specify the quantity of seed that the supplier
130 tonnes.
wishes to place on the market.
(4) In
addition,
other
Member
States
which
are
in
a
position 2. The
Member
State
concerned
shall
authorise
the
supplier
to supply Portugal with seed of this variety, irrespective
to place seed, as referred to in Article 1, on the market, unless:
of whether it was harvested in a Member State or in a
third country, should be authorised to permit the
(a) there is sufficient evidence to doubt whether the supplier is
marketing of such seed.
able to place on the market the amount of the seed for
which he has applied for authorisation;
(5) It
is
appropriate
that
Portugal
act
as
a
coordinator
in
order to ensure that the total amount of seed authorised
(b) having regard to the information provided by the coor
pursuant to this Decision does not exceed the maximum
dinating Member State, as referred to in the third
quantity covered by this Decision.
subparagraph of Article 3, granting the authorisation
would result in the total maximum quantity of seed
(6) The
measures
provided
for
in
this
Decision
are
in
referred to in Article 1(1) being exceeded.
accordance with the opinion of the Standing
Committee on Seeds and Propagating Material for Agri
As regards point (b), in case the total maximum quantity would
culture, Horticulture and Forestry,
only allow for authorisation of part of the quantity specified in
the application, the Member State concerned may authorise the
( 1 ) OJ 125, 11.7.1966, p. 2309/66.
supplier to place that lesser quantity on the market.

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EN
24.2.2012 Official
Journal
of
the
European
Union L
52/27
Article 3
Article 4
Member States shall assist each other administratively in the
Member States shall immediately notify to the Commission and
application of this Decision.
the other Member States the quantities in respect of which they
have granted marketing authorisation pursuant to this Decision.
Portugal shall act as coordinating Member State in order to
ensure that the quantity of seed authorised for marketing in
Article 5
the Union by the Member States pursuant to this Decision
This Decision is addressed to the Member States.
does not exceed the total maximum quantity of seed referred
to in Article 1(1).
Any Member State receiving an application under Article 2 shall
Done at Brussels, 22 February 2012.
immediately notify the coordinating Member State of the
amount covered by the application. The coordinating Member
For the Commission
State shall immediately inform that Member State as to whether
authorisation would result in the maximum quantity being
John DALLI
exceeded.
Member of the Commission

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Document Outline

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