
Article 1 
A temporary experiment is organised at Union level to assess whether the following species: Biserrula pelecinus, Lathyrus cicera, Lotus glaber, Lotus uliginosus, Medicago doliata, Medicago italica, Medicago littoralis, Medicago murex, Medicago polymorpha, Medicago rugosa, Medicago scutelatta, Medicago truncatula, Ornithopus compressus, Ornithopus sativus, Plantago lanceolata, Trifolium fragiferum, Trifolium glanduliferum, Trifolium hirtum, Trifolium isthmocarpum, Trifolium michelianum, Trifolium squarrosum, Trifolium subterraneum, Trifolium vesiculosum and Vicia benghalensis (hereinafter the species referred to in Article 1), can be marketed as or in seed mixtures, for the purpose of deciding whether some or all of those species should be included in the list of fodder plants in Article 2(1)(A) of Directive 66/401/EEC.
Article 2 
Any Member State may participate in the experiment.
Member States which decide to participate in the experiment (hereinafter: participating Member States) shall inform the Commission accordingly.
They may terminate their participation at any time by informing the Commission accordingly.
Article 3 

1. For the purposes of the experiment, mixtures of seed containing the species referred to in Article 1, with or without seed of species listed in Directives 66/401/EEC, 66/402/EEC, 2002/55/EC or 2002/57/EC, may be placed on the market under the conditions provided for in Articles 4 and 5.
2. Participating Member States are released from the obligations provided for in the second indent of Article 13(1) of Directive 66/401/EEC.
Article 4 
Seed of the species referred to in Article 1 shall satisfy the following conditions:

((a)) it belongs to a variety listed in a national catalogue of a Member State or in the OECD List of Varieties Eligible for the Seed Certification;
((b)) it is certified in accordance with Annex I;
((c)) it fulfils the conditions set out in point 1 of Annex II.
Article 5 
In addition to the conditions provided for in Decision 2004/371/EC, mixtures under the experiment shall fulfil the conditions set out in point 2 of Annex II.
Article 6 

1. Participating Member States shall ensure that the total quantity of seed to be used in mixtures under the experiment does not exceed 1 000 tonnes per year.
2. Participating Member States shall ensure that firms declare to the authority referred to in point (A)(I)(c)(2) of Annex IV to Directive 66/401/EEC the quantity of seed mixtures they intend to produce.A Member State may prohibit the placing on the market of a seed mixture, if it considers that, in view of the purpose of the experiment, it is not appropriate that additional quantities of the seed mixture concerned are placed on the market. It shall immediately inform the firm or firms concerned.
Article 7 
The Authority referred to in point (A)(I)(c)(2) of Annex IV to Directive 66/401/EC of the participating Member States shall monitor the experiment.
Article 8 

1. Participating Member States shall, for each year, present to the Commission and the other Member States a report including a list of species used in mixtures under the experiment and the quantity marketed for each of these mixtures by 31 March of the following year. The Member States may decide to include in the report any other relevant information.
2. At the end of the experiment and in any case at the end of their participation, participating Member States shall by 31 March of the following year, present to the Commission and the other Member States a report including the information referred to in point 3 of Annex II. The report may include other information they consider relevant in view of the purpose of the experiment.
Article 9 
The experiment shall start on 1 June 2009 and end on 31 May 2016.
Article 10 
This Decision is addressed to the Member States.
ANNEX I
Species Minimum germination(% of pure seeds) Minimum analytical purity(% by weight) Maximum content of seeds of other plant species(% by weight) Maximum content of seeds of other plant species in a sample of the weight specified in column 7 Maximum weight of a lot(tonnes) Minimum weight of a sample to be drawn from a lot(grams)
1 2 3 4 5 6 7
Biserrula pelecinus 70 (including hard seeds) 98 0,5  10 30
Lathyrus cicera 80 95 1,0 (c) (d) (e) 25 1 000
Lotus uliginosus 75 (40) 97 0,5  10 25
Lotus glaber 75 (40) 97 0,5  10 30
Medicago doliata 70 98 2,0 (c) (d) (e) 10 100
Medicago murex 70 (30) 98 2,0  10 50
Medicago polymorpha 70 (30) 98 2,0  10 70
Medicago rugosa 70 (20) 98 2,0  10 180
Medicago scutellata 70 98 2,0  10 400
Medicago italica 70 (20) 98 2,0  10 100
Medicago littoralis 70 98 2,0  10 70
Medicago truncatula 70 (20) 98 2,0  10 100
Ornithopus compressus 75 (including hard seeds) 90 1,0  10 120
Ornithopus sativus 75 (including hard seeds) 90 1,0  10 90
Plantago lanceolata 75 85 1,5  5 20
Trifolium fragiferum 70 98 1,0  10 40
Trifolium glanduliferum 70 (30) 98 1,0  10 20
Trifolium hirtum 70 98 1,0  10 70
Trifolium isthmocarpum 70 (including hard seeds) 98 1,0 (c) (d) (e) 10 100
Trifolium. michelianum 75 (30) 98 1,0  10 25
Trifolium squarrosum 75 (20) 97 1,5  10 150
Trifolium subterraneum 80 (40) 97 0,5  10 250
Trifolium vesiculosum 70 (including hard seeds) 98 1,0  10 100
Vicia benghalensis 80 (20) 97 1,0  20 1 000





ANNEX II
1.  (a) Field inspection shall be carried out in accordance with the OECD Schemes, where the species are covered by those Schemes or, if this is not the case, in accordance with the national standards of the Member State in which the seed is produced.
 (b) Member States shall ensure that all seed lots are subject to field inspection, sampling and seed analysis in accordance with Directive 66/401/EEC before their mixture, whether officially or under official supervision.

2.  (a) 
The level and the intensity of the sampling and inspections carried out in accordance with Article 4 of Decision 2004/371/EC shall be suitable for the purposes of the experiment.
 (b) 

((i)) the botanical names of all species referred to in Article 1 (including varieties, where appropriate) included in the mixture under the experiment;
((ii)) the percentage composition by weight of the various components shown by species referred to in Article 1 and, where appropriate, by variety;
((iii)) a reference to this Decision.

Where the information referred to in points (i) and (ii) is not legible on the official label, the mixture under the experiment may be placed on the market with the name of the mixture provided that the information referred to in points (i) and (ii) has been notified in writing to the purchaser and officially recorded.

3.  (a) name of the species (including varieties, where relevant) used in mixtures under the experiment;
 (b) quantity of each seed mixture under the experiment placed on the market during the authorised period and the Member State for which the seed mixture was intended;
 (c) composition of mixtures under the experiment marketed;
 (d) procedures (standards) followed for certification of species referred to in Article 1 (OECD Schemes or national standards);
 (e) results of the field inspection and laboratory tests for certification of species referred to in Article 1, where they are carried out in Member States;
 (f) information about imports under OECD Schemes as regards, in particular, quantity, composition of seed mixtures under the experiment, country of origin and labelling;
 (g) results of the tests carried out in accordance to points (a) and (b) of paragraph 2 on control samples;
 (h) a cost benefits analysis to be used to support or not the aim of the experiment.
