(1)

Commission Directive 2009/74/EC of 26 June 2009 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC and 2002/57/EC as regards the botanical names of plants, the scientific names of other organisms and certain Annexes to Directives 66/401/EEC, 66/402/EEC and 2002/57/EC in the light of developments of scientific and technical knowledge (2) has identified the species Avena strigosa Schreb. (hereinafter ‘A. strigosa’) as an independent species to be included in the list of species covered by Directive 66/402/EEC.

(2)

A. strigosa is a crop proved to be among the most effective in reducing soil erosion, nitrogen leaching, in particular leaching of nitrates from agricultural sources, and it is an important component of seed mixtures for forage purposes. According to the information provided by the authorities of 6 Member States (Belgium, France, Germany, Italy, Spain and Portugal), the demand for seed of this species has in the last years increased considerably in the Union and in particular in these Member States.

(3)

Before the entry into force of Directive 2009/74/EC and the subsequent listing of A. strigosa among the species covered by Directive 66/402/EEC, the supply of the market was ensured by national production and mainly by the import from third countries of seed of this species in accordance with national legislation applicable at that time. Following the inclusion of A. strigosa in the list of the species covered by Directive 66/402/EEC, only seed of varieties registered in the common catalogue of varieties of agricultural plant species may be marketed and imported.

(4)

Since the inclusion of the species A. strigosa among the list of species covered by Directive 66/402/EEC, only two varieties of that species have been registered in the common catalogue of varieties of agricultural plant species.

(5)

In the light of these circumstances, temporary difficulties in the general supply of A. strigosa have occurred and are expected to continue. These difficulties cannot be overcome otherwise than through Member States permitting, for a specified period and subject to an appropriate maximum quantity, the marketing of varieties of A. strigosa not included in the common catalogue of varieties of agricultural plant species or in the national catalogues of varieties of the Member States.

(6)

Member States should therefore be authorised to temporarily permit the marketing of such seed, subject to certain conditions and limitations and without prejudice to the more stringent provisions concerning the presence of Avena fatua in cereal seed which Denmark, Estonia, Finland, Ireland, Latvia, Lithuania, Malta, the Netherlands, Sweden and the United Kingdom in respect of Northern Ireland may apply pursuant to the relevant Commission Decisions.

(7)

It appears from the information provided to the Commission by the Member States that, in total, a quantity of 4 970 tonnes is necessary to resolve these supply difficulties (Belgium 300 tonnes, France 3 700 tonnes, Germany 200 tonnes, Italy 220 tonnes, Spain 300 tonnes and Portugal 250 tonnes), for a period expiring on 31 December 2010. To ensure that this seed is of sufficient quality it should meet at least the requirements laid down in Annex II to Directive 66/402/EEC as regards germination, analytical purity and content of seeds of other plant species for the category certified seed, 2nd generation of A. strigosa.

(8)

It is appropriate that one Member State acts in order to ensure that the quantity of seed authorised for marketing by the Member States pursuant to this Decision does not exceed the total maximum quantity of 4 970 tonnes that is necessary to resolve the supply difficulties. In line with the requests of the six Member States, France should therefore act as single coordinator. In order to ensure the good functioning of the system set out by this Decision, it is further necessary that the coordinating Member State, the other Member States and the Commission immediately share the relevant information regarding applications and the granting of authorisations for marketing.

(9)

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)

there is sufficient evidence to doubt whether the supplier is able and intends to place the quantity of seed specified in his application on the market; or

(b)

having regard to the information provided by the coordinating Member State referred to in the third subparagraph of Article 3, granting the authorisation would result in the total maximum quantity of seed referred to in Article 1(2) being exceeded; or

(c)

the conditions concerning germination, analytical purity and content of seeds of other plant species referred to in Article 1(3) have not been met.