EN Official Journal of the European Union L 32/167

COMMISSION DECISION

of 18 December 2006

authorising Romania to postpone the application of certain provisions of Council Directive 2002/53/EC with regard to the marketing of seed of certain varieties of agricultural plant species

(notified under document number C(2006) 6568)

(Text with EEA relevance)

(2007/69/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,

Whereas:

(1) Pursuant to Article 42 of the Act of Accession, the Commission may adopt transitional measures if these transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to that resulting from the application of the Community veterinary and phytosanitary rules. Those rules include the rules in respect of the marketing of seed.

(2) Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1) provides that seed of varieties of agricultural plant species covered by the Directive 2002/53/EC as referred to in its Article 1(1) may be marketed only if the requirements of Articles 4(1), 7 and 11 of this Directive have been met.

(3) Marketing of seed of certain varieties would have to be banned in Romania from the date of accession, unless a derogation from those provisions is granted.

(4) In order to enable Romania to take and to implement the measures necessary to ensure that the varieties in question have been accepted in accordance with the principles of the Community system, it should be allowed to postpone for a period of three years following the date of accession, the application of Directive 2002/53/EC with regard to the marketing in its territory of seed of the varieties that are listed in its catalogue in accordance with principles other than those of that Directive and that are covered by the Romanian official request of 28 September 2006.

(5) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Articles 4(1), 7 and 11 of Directive 2002/53/EC Romania may postpone, for a period of three years following the date of accession, the application of that Directive with regard to the marketing in its territory of seed of the varieties listed in the Annex to this Decision.

During that period, such seed shall only be marketed in the territory of Romania. Any label or document, official or otherwise, which is affixed to or accompanies the seed lot under the provisions of this Decision shall clearly indicate that the seed is intended to be marketed exclusively in the territory of Romania.

Article 2

This Decision shall apply subject to and as from the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 18 December 2006. For the Commission Markos KYPRIANOU Member of the Commission

(1) OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).