(1)

Directive 66/402/EEC sets out requirements for the marketing of cereal seed in the Union. In accordance with Article 2(1), point G(c), certified seed of barley and wheat, second generation, are to meet the conditions of Annexes I and II to that Directive. The conditions in Annex I are to be satisfied by the crop to ensure varietal identity. Those conditions are to be checked by inspecting the fields of seed production. The conditions in Annex II concern among others minimum germination and maximum content of seed of other plant species.

(2)

The unusually rainy weather in the autumn and early winter of 2023 in the Netherlands caused wet soils, which reduced the sowing area for the winter types of barley and wheat. There is thus a need to sow barley and wheat in the springtime. This requires the use of seed of spring barley and spring wheat, which is not available in the Netherlands in the required quantities.

(3)

It appears from the information provided by the Netherlands that, in total, a quantity of 5 525 tonnes for spring barley seed and 1 252 tonnes for spring wheat seed is necessary to resolve the supply difficulties for a period until 30 June 2024.

(4)

Other Member States, which also partly face the same problems are able to cover the seed needs of the Netherlands only to a limited degree.

(5)

In the light of these circumstances, temporary difficulties in the general supply of seed of spring barley and spring wheat have occurred and are expected to continue in the Netherlands. These difficulties cannot be overcome otherwise than through permitting, for a specified period and subject to an appropriate maximum quantity, the marketing in the Union of certified spring barley seed produced in the Netherlands from the category of certified seed of the second generation which does not fulfil the requirements in respect to field inspection, minimum germination and maximum content of seed of other plant species.

(6)

Therefore, it is appropriate that the Member States permit, for a specified period, the marketing in the Union of certified spring barley seed and spring wheat seed produced in the Netherlands from the category of certified seed of second generation, which does not meet the requirements of field inspection, of the minimum germination and maximum content of seed of other species.

(7)

In order to ensure the effective monitoring of that derogation, 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.

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,