
Article 1 

1. The marketing in the Union of seed of durum wheat (Triticum durum Desf.) of the category ‘certified seed’, second generation, belonging to the variety Marialva which does not satisfy the requirements set out in point (2)(A) of Annex II to Directive 66/402/EEC in respect of the maximum content of seeds of wheat (Triticum aestivum L.) shall be permitted.However, the maximum content of seeds of wheat (Triticum aestivum L.) allowed in the seed of durum wheat (Triticum durum Desf.) specified in the first subparagraph shall be 45 seeds in a sample of the weight specified in column 4 of Annex III to Directive 66/402/EEC.This permission shall be granted for a total quantity of up to 130 tonnes and for a period ending on 29 February 2012.
2. In addition to fulfilling the labelling requirements of Directive 66/402/EEC, the official label shall state that the seed does not satisfy the requirements of point (2)(A) of Annex II to that Directive in respect of maximum content of seeds of wheat (Triticum aestivum L.).
Article 2 

1. Any supplier wishing to place on the market seed, as referred to in Article 1, shall apply for authorisation to the Member State in which it is established or importing. The application shall specify the quantity of seed that the supplier wishes to place on the market.
2. The Member State concerned shall authorise the supplier to place seed, as referred to in Article 1, on the market, unless:
(a) there is sufficient evidence to doubt whether the supplier is able to place on the market the amount of the seed for which he has applied for authorisation;
(b) having regard to the information provided by the coordinating Member State, as 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(1) being exceeded.As regards 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.
Portugal 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 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 immediately notify the coordinating Member State of the amount covered by the application. The coordinating Member State shall immediately inform that Member State as to whether authorisation would result in the maximum quantity being exceeded.
Article 4 
Member States shall immediately notify to the Commission and the other Member States the quantities in respect of which they have granted marketing authorisation pursuant to this Decision.
Article 5 
This Decision is addressed to the Member States.
Done at Brussels, 22 February 2012.
For the Commission
John DALLI
Member of the Commission