;"•«; )MVIISSION OF THE EUROPEAN COMVIUNITIES 
C0M(94) 209 final 
Brussels, 30.05.1994 
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Tlrfflii Proposal for a 
COUNCIL DECISION 
Austria 
(presented by the Commission) 
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EXPLANATORY NOTE 
Council Directive 66/404/EEC lays down the conditions under which forest 
reproductive material may be marketed within the Community. 
Article 14 of the Directive enables such material produced in third 
countries to be marketed in the Community provided it has been produced in 
conditions equivalent to those which apply in the Community. 
Council Decision 78/262/EEC determined the equivalence of forest 
reproductive material produced in Austria. 
This determination of equivalence expired on 31.12.1993 and given that the 
factual elements on the basis of which this determination was made have not 
altered, the purpose of this proposal is to determine the equivalence for a 
further specified period. 
Subsidiarity 
a) What are the objectives of the measure in relation to obligations 
with which the Community is charged. 
To ensure the supply of forest reproductive material meeting the 
requirements of EEC Directives and to avoid actual or potential 
barriers tô trade in an already harmonised area of legislation. 
b) Does the measure arise from an area where there is exclusive 
Community competence or where competence is shared with Member 
States? 
Exclusive Community competence. 
c) What forms of action are at the disposal of the Community? 
Regulation in an already harmonised area. 
d) Is uniform regulation necessary or would a directive imposing general 
objectives suffice, leaving execution to be carried out at Member 
State level? 
Uniform regulation is necessary. 
The proposal would have little or no impact on small or medium-sized 
enterprises. 
There are no financial implications for the EC budget. 
The Commission is requested to adopt the proposal. 
yi 
COUNCIL DECISION 
Of 
extending the period of application of Council Decision 78/262/EEC 
concerning the equivalence of forest reproductive material produced in 
Austria 
THE.COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Directive 66/404/EEC of 14 June 1966 on the 
marketing of forest reproductive material1, as last amended by Directive 
90/654/EEC2, and in particular Article 14(1) thereof, 
Having regard to the proposal from the Commission, 
Whereas the Council, in its Decision 78/262/EEC3, as last renewed by 
Council Decision 89/185/EEC4, determined that forest reproductive 
material produced in Austria and belonging to the species, basic 
materials or regions of provenance and categories specified in the 
Annex to the abovementioned Decision affords the same assurances as 
regards the genetic characters of its basic material and the measures 
taken for its source-identification as does reproductive material 
produced within the Community and complying with the provisions of 
Directive 66/404/EEC, provided that the special conditions set out in 
that Annex are satisfied; whereas that Decision applies only until 
31 December 1993; 
Whereas the factual elements on the basis of which this determination 
of equivalence was made have not altered; 
Whereas equivalence may therefore in principle be determined for a 
further given period for the specific forest reproductive material 
referred to in Decision 78/262/EEC, subject to the provisions laid down 
in the Decision, 
OJ No 125, 11.07.1966, p. 2326/66. 
OJ No L 353, 17.12.1990, p. 48. 
OJ No L 72, 14.03.1978, p. 5. 
OJ No L 66, 10.03.1989, p. 35. 
HAS ADOPTED THIS DECISION: 
Article 1 
The date referred to in Article 1 of Council Decision 89/185/EEC is 
hereby replaced by 31st December 1994. 
Article 2 
This Decision is addressed to the Member States. 
Done in Brussels, For the Council, 
Done at Brussels, For the Commission, 
ISSN 0254-1475 
COM(94) 209 final 
DOCUMENTS 
EN 06 11 03 
Catalogue number : CB-CO-94-224-EN-C 
ISBN 92-77-69286-3 
Office for Official Publications of the European Communities 
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