98/99/EC: Commission Decision of 26 January 1998 authorising the Member States to permit temporarily the marketing of vine propagating material not satisfying the requirements of Council Directive 68/193/EEC
Date: 1998-01-26
Institutions: European Commission
Subjects: Italy, derogation from EU law, import, marketing, plant propagation, vineyard

29. 1. 98

EN

Official Journal of the European Communities

L 22/23

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 26 January 1998

authorising the Member States to permit temporarily the marketing of vine
propagating material not satisfying the requirements of Council Directive
68/193/EEC

(98/99/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 68/193/EEC of 9
April 1968 on the marketing of material for the veget-
ative propagation of the vine (1), as last amended by the
Act of Accession of Austria, Finland and Sweden, and in
particular Article 14 thereof,

Having regard to the request submitted by Italy,

Whereas in the Community and in Italy in particular the
production of certain vine propagating materials, namely,
top graft cuttings satisfying the requirements of Directive
68/193/EEC, has been insufficient in 1997 and is there-
fore not adequate to meet that country’s needs;

Whereas it is not possible to cover this demand satisfac-
torily with top graft cuttings satisfying all the require-
ments laid down in the said Directive;

Whereas Italy should therefore be authorised to permit
the marketing, for a period expiring on 31 March 1998,
of top graft cuttings of a category to which less stringent
requirements apply;

Whereas other Member States likely to supply Italy with
such material should furthermore be authorised to permit
its marketing to this end;

Whereas this authorisation may only be used in ac-
cordance with the plant health conditions and requirements
laid down by Council Directive 77/93/EEC (2), as last

amended by Directive 97/14/EC (3), and in particular
Commission Decision 98/86/EC of 9 January 1998,
authorising the Member States exceptionally to provide
for derogations from certain provisions of Council Dir-
ective 77/93/EEC in respect of plants of Vitis L., other
than fruits, originating in Croatia (4);

Whereas the measures provided for in this Decision are
in accordance with the opinion of
the Standing
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

Italy is authorised to permit, for a period expiring on 31
a
the marketing on its
March, 1988,
maximum of 450 000 top graft cuttings of varieties
harvested in Croatia which do not satisfy the require-
ments laid down in Directive 68/193/EEC as regards
certification and inspection of
standard propagation
material, provided that:

territory of

(a)

the conditions and requirements of Decision 98/
86/EC authorising the Member States exceptionally to
provide for derogations from certain provisions of
Council Directive 77/93/EEC in respect of plants of
Vitis L., other than fruits, originating in Croatia, are
met, and

(b) the official label is brown and bears the words ‘less

stringent requirements'.

(1) OJ L 93, 17. 4. 1968, p. 15.
(2) OJ L 26, 31. 1. 1977, p. 20.

(3) OJ L 87, 2. 4. 1997, p. 17.
(4) OJ L 17, 22. 1. 1998, p. 25.

L 22/24

EN

Official Journal of the European Communities

29. 1. 98

Article 2

agating material permitted to be marketed in their ter-
ritories under this Decision.

Member States other than the applicant Member State are
also authorised to permit, on the terms set out in Article
1 and for the purposes intended by the applicant Member
State,
top graft
cuttings authorised to be marketed under this Decision.

the marketing in their

territories of

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 26 January 1998.

Article 3

Member States shall immediately notify the Commission
and the other Member States of the quantities of prop-

For the Commission

Franz FISCHLER

Member of the Commission