E2002C0125

EFTA Surveillance Authority Decision

No 125/02/COL

of 25 July 2002

releasing Norway from the obligation to apply to certain species the Acts referred to in Points 3 and 4 of Chapter III of Annex I to the Agreement on the European Economic Area, on the marketing of cereal seed (Council Directive 66/402/EEC) and on the marketing of seed of oil and fibre plants (Council Directive 69/208/EEC)

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area, in particular Article 17 and Protocol 1, Article 4(d) thereof,

Having regard to the Act referred to in Point 3 of Chapter III of Annex I to the Agreement on the European Economic Area on the marketing of cereal seed (Council Directive 66/402/EEC), and in particular Article 23a thereof,

Having regard to the Act referred to in point 4 of Chapter III of Annex I to the Agreement on the European Economic Area on the marketing of seed of oil and fibre plants (Council Directive 69/208/EEC), and in particular Article 22 thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, in particular Article 5(2)(d) and Protocol 1, Article 1(c) thereof,

Having regard to the EFTA Surveillance Authority Decision No 171/94/COL of 23 November 1994 empowering the Member with special responsibility for the free movement of goods to take certain decisions and measures,

Having regard to a request by Norway 15 February 2000,

Whereas seed of rice, canary grass, sorghum, sudan grass, durum wheat, maize except popcorn and sweetcorn, hybrids resulting from the crossing of sorghum and sudan grass, groundnut, safflower and cotton are not normally reproduced and marketed in Norway;

Whereas as long as those conditions remain, Norway should be released from the obligation to apply the provisions of the aforementioned Acts to the species in question;

Whereas such release shall be without prejudice to the marketing in Norway of seeds produced, in accordance with the Acts, in another Contracting Party to the EEA Agreement;

Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Plants and Animal Feedingstuffs Committee assisting the EFTA Surveillance Authority,

HAS ADOPTED THIS DECISION:

1. Norway is hereby released from the obligation to apply:

1.1. The Act referred to in Point 3 of Chapter III of Annex I to the Agreement on the European Economic Area on the marketing of cereal seed (Council Directive 66/402/EEC), with the exception of the provisions of Article 14(1), to the following species:

>TABLE>

1.2. The Act referred to in Point 4 of Chapter III of Annex I to the Agreement on the European Economic Area on the marketing of seed of oil and fibre plants (Council Directive 69/208/EEC), with the exception of the provisions of Article 13(1), to the following species:

>TABLE>

2. This Decision shall enter into force on 19 August 2002.

3. This Decision shall be addressed to Norway.

4. This Decision shall be authentic in the English language.

Done at Brussels, 25 July 2002.

For the EFTA Surveillance Authority

Hannes Hafstein

College Member

Niels Fenger

Director