Article 1

The marketing in the Community of seed of winter durum wheat which does not satisfy the minimum germination capacity requirements laid down in Directive 66/402/EEC shall be permitted, for a period expiring on 15 November 2005, in accordance with the terms set out in the Annex to this Decision and subject to the following conditions:

1. (a)

   the germination capacity is at least 75 % of pure seed,

2. (b)

   the official label states the germination ascertained in the official examination or the examination carried out under official supervision pursuant to Article 2(1)(F)(d) and 2(1)(G)(d) of Directive 66/402/EEC,

3. (c)

   the seed must have been first placed on the market in accordance with Article 2 of this Decision.