EN Official Journal of the European Union L 333/78

COMMISSION DECISION

of 6 December 2007

providing for a derogation from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Croatia or the former Yugoslav Republic of Macedonia

(notified under document number C(2007) 5897)

(2007/847/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 15(1) thereof,

Whereas:

(1) Under Directive 2000/29/EC, plants of Vitis L., other than fruits, originating in third countries in principle are not to be introduced into the Community.

(2) Slovenia has requested a derogation to permit imports of plants of Vitis L., other than fruits, from Croatia or the former Yugoslav Republic of Macedonia for a limited period of time in order to enable specialised nurseries to multiply these plants in the Community before re-exporting them to Croatia or the former Yugoslav Republic of Macedonia.

(3) The Commission considers that there is no risk of spreading harmful organisms to plants or plant products provided that plants of Vitis L., other than fruits originating in Croatia or the former Yugoslav Republic of Macedonia are subject to the specific conditions laid down in this Decision.

(4) Member States should therefore for a limited period be authorised to permit the introduction into their territory of such plants subject to specific conditions.

(5) That authorisation should be terminated if it is established that the specific conditions laid down in this Decision are not sufficient to prevent the introduction of harmful organisms into the Community or have not been complied with.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 4(1) of Directive 2000/29/EC with regard to point 15 of Part A of Annex III to that Directive, Member States shall be authorised to permit the introduction into their territory of plants of Vitis L., other than fruits, intended for grafting in the Community and originating in Croatia or the former Yugoslav Republic of Macedonia (hereinafter referred to as the plants).

In order to qualify for that derogation, the plants shall be subject, in addition to the requirements laid down in Annexes I and II to Directive 2000/29/EC, to the conditions provided for in the Annex to this Decision.

In order to qualify for that derogation, the plants shall be introduced into the Community, in the following periods:

(a) between 1 January 2008 and 30 April 2008;

(b) between 1 January 2009 and 30 April 2009;

(c) between 1 January 2010 and 30 April 2010.

Article 2

1. Member States which make use of the derogation provided for in Article 1 shall provide the Commission and the other Member States with:

(a) the information on the quantities of plants imported pursuant to this Decision; and

(b) a detailed technical report on the official inspections referred to in point 6 of the Annex.

That information and that report shall be provided as regards introductions covered by Article 1(a) by 15 November 2008 at the latest, as regards introductions covered by Article 1(b) by 15 November 2009 at the latest, and as regards introductions covered by Article 1(c) by 15 November 2010 at the latest.

2. Any Member State in which the plants are subsequently grafted after their introduction into its territory shall also provide the Commission and the other Member States with a detailed technical report of the official inspections and testing referred to in point 8(b) of the Annex.

That report shall be provided as regards introductions covered by Article 1(a) by 15 November 2008 at the latest, as regards introductions covered by Article 1(b) by 15 November 2009 at the latest, and as regards introductions covered by Article 1(c) by 15 November 2010 at the latest.

Article 3

Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision, which were subsequently found not to comply with this Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 6 December 2007. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2007/41/EC (OJ L 169, 29.6.2007, p. 51).