18. 6. 97 Official Journal of the European Communities No L 160/13 COMMISSION DECISION of 4 June 1997 authorizing the Member States to permit temporarily the marketing of seed of Timothy (Phleum bertolonii DC) not satisfying the requirements of Council Directive 66/401/EEC (97/380/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (!), as last amended by Directive 96/72/EC (3, and in particular Article 17 thereof, Having regard to the request submitted by Sweden, Whereas in Sweden the production of seed of the cat- egory ‘certified seed’ of certain varieties of Timothy (Phleum bertolonii DC) satisfying the requirements of Directive 66/401/EEC in relation to minimum germina- tion capacity has been insufficient in 1996 and is there- fore not adequate to meet that country’s needs; Whereas it is not possible to cover this demand satisfact- orily with seed from other Member States, or from third countries, satisfying all the requirements laid down in the said Directive; Whereas Sweden should therefore be authorized to permit for a period expiring on 30 June 1997 the marketing of seed of the abovementioned species subject to less strin- gent requirements; Whereas, moreover, other Member States which are able to supply Sweden with such seed not satisfying the re- quirements of the said Directive should be authorized to permit the marketing of such seed; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horti- culture and Forestry, HAS ADOPTED THIS DECISION: Article 1 Sweden is authorized to permit, for a period expiring on 30 June 1997, the marketing in its territory of a () OJ No 125, 11. 7. 1966, p. 2298/66. () OJ No L 304, 27. 11. 1996, p. 10. maximum of 1,7 tonnes of seed of the category ‘certified seed’ of varieties of the type ‘Evergreen’ of Timothy (Phleum bertolonii DC) which does not satisfy the re- quirements laid down in Annex II to Directive 66/401/EEC with regard to the minimum germination capacity, provided that the following requirements are satisfied: (a) the germination capacity is at least 75 % of pure seed; (b) the official label shall bear the endorsement ‘minimum germination capacity 75 %. Article 2 Member States other than the applicant Member State are also authorized to permit, on the terms set out in Article 1 and for the purposes intended by the applicant Member State, the marketing in their territory of the seed au- thorized to be marketed under this Decision. Article 3 Member States shall immediately notify the Commission and the other Member States of the various quantities of seed labelled and permitted to be marketed in their ter- ritory pursuant to this Decision. Article 4 This Decision is addressed to the Member States. Done at Brussels, 4 June 1997. For the Commission Franz FISCHLER Member of the Commission