(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 1 500 tonnes for Belgium, 1 500 tonnes 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, 4 000 tonnes 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.

(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,

(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;

(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.