(1)

In Finland the quantity of available seed of field pea (Pisum sativa), of field bean (Vicia faba) and of linseed (Linum usitatissimum) suitable to the national climatic conditions and which satisfies the germination capacity requirements of Directives 66/401/EEC or 2002/57/EC respectively is insufficient and is therefore not adequate to meet the needs of that Member State.

(2)

It is not possible to meet the demand for seed of these species satisfactorily with seed from other Member States or from third countries which satisfies all the requirements laid down in Directives 66/401/EEC or 2002/57/EC respectively.

(3)

Accordingly, Finland should be authorised to permit the marketing of seed of these species subject to less stringent requirements for a period expiring on 31 May 2005.

(4)

In addition, other Member States irrespective of whether the seed was harvested in a Member State or in a third country covered by Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and the equivalence of seed produced in third countries (3) which are in a position to supply Finland with seed of that species, should be authorised to permit the marketing of such seed.

(5)

It is appropriate that Finland act as 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,

(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.

(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.

(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.