98/200/EC: Commission Decision of 4 March 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: 1998-03-04
Institutions: European Commission
Subjects: Central and Eastern Europe, derogation from EU law, import, marketing, plant propagation, vineyard

13. 3. 98

EN

Official Journal of the European Communities

L 76/37

COMMISSION

COMMISSION DECISION

of 4 March 1998

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

(98/200/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 vegetative
propagation of the vine (1), as last amended by the Act of
Accession of Austria, Finland and Sweden, and in par-
ticular Article 14 thereof,

77/93/EEC in respect of plants of Vitis L., other than
fruits, originating in Hungary or Romania (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 Agriculture, Horti-
culture and Forestry,

Having regard to the request submitted by Austria,

HAS ADOPTED THIS DECISION:

Whereas in the Community and in Austria in particular
the production of certain vine propagating materials satis-
fying the requirements of Directive 68/193/EEC, has
been insufficient in 1997 and is therefore not adequate to
meet that country’s needs;

Whereas it is not possible to cover this demand satis-
factorily with material satisfying all the requirements laid
down in the said Directive;

Whereas Austria should therefore be authorised to permit
the marketing, for a period expiring on 31 March 1998, of
material of a category to which less stringent require-
ments apply;

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

Whereas this authorisation may only be used in accord-
ance with the plant health conditions and requirements
laid down by Council Directive 77/93/EEC (2), as last
amended by Directive 98/2/EC (3), and in particular
Commission Decision 98/201/EC of 4 March 1998,
authorising the Member States exceptionally to provide
from certain provisions of Directive
for derogations

(1) OJ L 93, 17. 4. 1968, p. 15.
(2) OJ L 26, 31. 1. 1977, p. 20.
(3) OJ L 15, 21. 1. 1998, p. 34.

Article 1

1. Austria is authorised to permit, for a period expiring
on 31 March 1998, the marketing on its territory of a
maximum of 1 500 000 rootstock cuttings of the varieties
5BB or 5C for grafting, which have been harvested in
Hungary or Romania and which do not satisfy the
requirements laid down in Directive 68/193/EEC as
regards certification and inspection of standard propaga-
tion material, provided that:

(a)

and

conditions

requirements

the
of Decision
98/201/EC authorising the Member States exception-
ally to provide for derogations from certain provisions
of Directive 77/93/EEC in respect of plants of Vitis
than fruits, originating in Hungary or
L., other
Romania, are met, and

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

stringent requirements'.

2. Austria is authorised to permit the marketing in its
territory of rooted grafts produced in the Community
from the abovementioned rootstock cuttings for grafting,
provided that the official label is brown and bears the
words ‘less stringent requirements'.

(4) See page 39 of this Official Journal.

L 76/38

EN

Official Journal of the European Communities

13. 3. 98

Article 2

gating material permitted to be marketed in their terri-
tories 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, the marketing in their territories of the material
authorised to be marketed under this Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 4 March 1998.

Article 3

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

For the Commission

Franz FISCHLER

Member of the Commission