
Article 1 

1. The marketing in the Union of seed 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 shall be permitted, for a period expiring on 31 December 2010 and subject to the conditions referred to in paragraphs 2 to 5.
2. The total quantity of seed authorised for marketing in the Union pursuant to this Decision shall not exceed 4 970 tonnes.
3. The seed referred to in paragraph 1 shall comply with the requirements laid down in Annex II to Directive 66/402/EEC as regards the conditions concerning germination, analytical purity and content of seeds of other plant species to be satisfied by the seed for the category certified seed, 2nd generation of A. strigosa.
4. Without prejudice to any labelling requirement of Directive 66/402/EEC, the official label shall contain the statement that the seed in question is of a category satisfying less stringent requirements than those laid down by that Directive, and that this category is lower than the category certified seed, 2nd generation. The colour of the label shall be brown.
5. The marketing of the seed referred in paragraph 1 shall be permitted upon application in conformity with Article 2.
Article 2 
Any seed supplier wishing to place on the market the seed referred to in Article 1(1) shall apply for authorisation to the Member State in which he is established or to the Member State in which he wishes to place the seed on the market. The application shall specify the quantity of seed that the supplier wishes to place on the market.
The Member State concerned shall authorise the supplier to place the quantity of seed specified in the application on the market, unless:

((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.
As regard point (b), in case the total maximum quantity would only allow for authorisation of part of the quantity specified in the application, the Member State concerned may authorise the supplier to place that lesser quantity on the market.
Article 3 
Member States shall assist each other administratively in the application of this Decision.
For the period starting from the entry into force of this Decision until 31 December 2010, France shall act as coordinating Member State in order to ensure that the quantity of seed authorised for marketing in the Union by the Member States pursuant to this Decision shall not exceed the total maximum quantity of seed referred to in Article 1(2).
Any Member State receiving an application pursuant to Article 2 shall immediately inform the coordinating Member State of the quantity specified in that application. The coordinating Member State shall immediately inform that Member State as to whether and to what extent granting authorisation for marketing upon that application would result in the total maximum quantity of seed being exceeded.
Article 4 
Member States shall immediately notify the Commission and the other Member States of the quantities in respect of which they have granted authorisation for marketing pursuant to this Decision.
Article 5 
This Decision is addressed to the Member States.
Done at Brussels, 27 August 2010.
For the Commission
John DALLI
Member of the Commission