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Official Journal EN
of the European Union L series
2024/1192 26.4.2024
COMMISSION IMPLEMENTING DECISION (EU) 2024/1192
of 24 April 2024
on a temporary derogation granted to Belgium, France and the Netherlands from marketing
conditions of Council Directive 2002/57/EC for certified flax seed
(notified under document C(2024) 2563)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/57/EC of 13 June 2002on the marketing of seed of oil and fibre plans(1), and in
particular Article 21(1) thereof,
Whereas:
(1) Directive 2002/57/EC sets out requirements for the marketing in the Union of seed of oil and fibre plants. In
accordance with Article 2(1), point (i), of that Directive, certified seed of flax is allowed to be produced up to a third
generation from certified seed and is to satisfy the conditions laid down in Annexes I and II to that Directive for
certified seed, including the respective conditions for inspections in the field concerning its varietal identity.
(2) Difficult growing conditions for flax in the past years due to heat waves, drought and limited rainfall during the
growing period have led to a severe shortage of flax seed in Belgium, France and the Netherlands.
(3) As a result, Belgium, France and the Netherlands have at their disposal only limited amounts of flax seed, which are
insufficient in terms of quantities needed for sowing.
(4) It appears from the information provided to the Commission that, in total, a quantity of 1 500tonnes for Belgium,
1 500tonnes for France and 270 tonnes for the Netherlands of flax seed is necessary to solve the supply difficulties
for a period until 30 June 2024. The information submitted to the Commission shows also that, in total, a quantity
of 500 tonnes for Belgium, 4 000tonnes for France and 400 tonnes for the Netherlands for the production of flax
seed is necessary to solve these supply difficulties for a further period until 30 June 2025.
(5) Other Member States are not able to cover the respective needs of Belgium, France and the Netherlands.
(6) In the light of these circumstances, temporary difficulties in the general supply of certified flax seed have occurred
and are expected to continue in Belgium, France and the Netherlands. These difficulties cannot be overcome
otherwise than through permitting, for a specified period and subject to an appropriate maximum quantity
necessary to resolve the supply difficulties, the marketing in the Union of certified flax seed produced in Belgium,
France and the Netherlands from the category of certified seed third generation meeting less stringent requirements
than those of Directive 2002/57/EC.
(7) As requested by those Member States, the derogations from the applicable requirements concern, on the one hand,
the number of permitted generations which should exceed the third one, and, on the other hand, additionally, the
non-conduct of field inspection prior to the certification of the seed.
(8) Therefore, it is appropriate that Member States permit the marketing in the Union of certified flax seed, produced in
Belgium, France and Netherlands from a generation produced after the third generation of certified seed for a
specified period.
(1) OJ L 193, 20.7.2002, p. 74, ELI: http://data.europa.eu/eli/dir/2002/57/oj.
ELI: http://data.europa.eu/eli/dec_impl/2024/1192/oj 1/3EN
OJ L, 26.4.2024
(9) As requested by those Member States, the derogations from the applicable requirements also concern the non-
conduct of field inspection prior to the certification of the seed. It is therefore appropriate to authorise the
marketing of certified flax seed produced in those Member States of certified seed of a generation produced after
the third generation, without the prior conduct of field inspections.
(10) For reasons of co-ordination and effective monitoring of this derogation, it is appropriate that the competent
authorities of Belgium, France and the Netherlands exchange information among themselves, and also notify the
Commission, on the amounts of flax seed subject to the derogations and the concerned operators.
(11) In order to ensure the effective monitoring of that derogation, Belgium, France and the Netherlands should
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.
(12) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants,
Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
Authorisation for marketing of certified seed that has not been inspected in the field concerning its varietal
identity
1. Until 30 June 2024, the Member States shall permit the marketing in the Union of certified flax seed produced in
Belgium, France and Netherlands from seed of the category ‘certified seed, third generation’, and which has not been
inspected in the field concerning its varietal identity subject to Articles 3 to 5.
2. The total quantity of the seed referred to in paragraph 1 shall not exceed the following:
(a) 1 500tonnes for production in Belgium;
(b) 1 500tonnes for production in France;
(c) 270 tonnes for production in the Netherlands.
Article 2
Authorisation for marketing of certified seed of a generation after the third generation
1. Until 30 June 2025, the Member States shall permit the marketing in the Union of certified seed produced in
Belgium, France and Netherlands from seed of the category ‘certified seed, third generation’, subject to paragraph 2 and
Articles 3 to 5.
2. The total quantity of the seed referred to in paragraph 1 shall not exceed the following:
(a) 500 tonnes for production in Belgium;
(b) 4 000tonnes for production in France;
(c) 400 tonnes for production in the Netherlands.
Article 3
Labelling requirements
Without prejudice to the labelling requirements set out in Directive 2002/57/EC, the official label shall contain the
following:
(a) in the case of the seed referred to in Article 1, the statement that that seed has not been inspected in the field
concerning its varietal identity;
2/3 ELI: http://data.europa.eu/eli/dec_impl/2024/1192/ojEN
OJ L, 26.4.2024
(b) in the case of the seed referred to in Article 2, the statement that that seed is of a generation lower than the third
generation of certified seed.
Article 4
Exchange of information about the authorised quantities
The competent authorities of Belgium, France and the Netherlands shall immediately inform each other and the
Commission about the operators who make use of these derogations and the operators to whom that seed has been
marketed.
Article 5
Notification of authorised quantities
Belgium, France and the Netherlands 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 6
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 24 April 2024.
For the Commission
Stella KYRIAKIDES
Member of the Commission
ELI: http://data.europa.eu/eli/dec_impl/2024/1192/oj 3/3