Commission Implementing Decision of 22 February 2012 providing for the temporary marketing of seed of the species Triticum durum Desf. belonging to the variety Marialva not satisfying the requirements of Council Directive 66/402/EEC as regards the maximum content of seeds of wheat (Triticum aestivum L.) (notified under document C(2012) 1114) (2012/116/EU)

Article 2

1. Any supplier wishing to place on the market seed, as referred to in Article 1, shall apply for authorisation to the Member State in which it is established or importing. The application shall specify the quantity of seed that the supplier wishes to place on the market.

2. The Member State concerned shall authorise the supplier to place seed, as referred to in Article 1, on the market, unless:

(a) there is sufficient evidence to doubt whether the supplier is able to place on the market the amount of the seed for which he has applied for authorisation;

(b) having regard to the information provided by the coordinating Member State, as referred to in the third subparagraph of Article 3, granting the authorisation would result in the total maximum quantity of seed referred to in Article 1(1) being exceeded.

As regards point (b), in case the total maximum quantity would only allow for authorisation of part of the quantity specified in the application, the Member State concerned may authorise the supplier to place that lesser quantity on the market.