98/641/EC: Commission Decision of 4 November 1998 amending Decision 93/452/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., respectively, originating in Japan (notified under document number C(1998) 3333)
Date: 1998-11-04
Institutions: European Commission
Subjects: EU Member State, Japan, arboriculture, derogation from EU law, plant disease, plant health control

L 304/36

EN

Official Journal of the European Communities

14. 11. 98

COMMISSION DECISION

of 4 November 1998

amending Decision 93/452/EEC authorising the Member States to provide for
derogations from certain provisions of Council Directive 77/93/EEC, in respect of
plants of Chamaecyparis Spach, Juniperus L. and Pinus L., respectively, origin-
ating in Japan

(notified under document number C(1998) 3333)

(98/641/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 77/93/EEC of 21
December 1976 on protective measures against the intro-
duction into the Community of organisms harmful to
plants or plant products and against their spread within
the Community (1), as last amended by Commission
Directive 98/2/EC (2), and in particular Article 14(1)
thereof,

Having regard to the requests made by the Member
States,

Whereas, under the provisions of Directive 77/93/EEC,
plants of Chamaecyparis Spach, Juniperus L. and Pinus
L., other than fruit and seeds, originating in non-Euro-
pean countries, may in principle not be introduced into
the Community;

Whereas Commission Decision 93/452/EEC (3), as last
amended by Decision 96/711/EC (4), permits derogations
for plants of Chamaecyparis Spach, Juniperus L. and
Pinus L., respectively, originating in Japan for a given
period, provided that certain improved technical condi-
tions are satisfied;

Whereas Commission Decision 93/452/EEC as amended
stipulated that the authorisation should apply until 31
December 1998 in the case of Pinus and Chamaecyparis
plants, and until 31 March 1998 in the case of Juniperus
plants;

Whereas, as a result of information submitted by the
Japanese authorities, part of the technical conditions have
been amended to allow for certain alternative production
conditions of such plants which provide similar assur-
ances for the health of the plants;

Whereas the circumstances justifying the authorisation
still obtain;

Whereas the authorisation should therefore be extended
for a further limited period;

Whereas 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

Decision 93/452/EEC is hereby amended as follows:

1. in Article 1(2)(f) the third indent is replaced by

‘— be potted, at least during the same period, in pots
which are placed either on shelves at least 20 cm
above ground or onto concrete flooring, which is
well maintained and free from debris.';

2. in Article 1(2)(h),

fourth indent,

‘96/711/EC'

is

replaced by ‘98/641/EC';

3. in Article 3 ‘31 December 1998' is replaced by ‘31

December 2001';

4. in Article 3 the words ‘periods between 1 November
1996 to 31 March 1997 and 1 November 1997 to 31
March 1998' are replaced by ‘periods between 1
November 1998 to 31 March 1999, 1 November 1999
to 31 March 2000 and 1 November 2000 to 31 March
2001'.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 November 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 15, 21. 1. 1998, p. 34.
(3) OJ L 210, 21. 8. 1993, p. 29.
(4) OJ L 326, 17. 12. 1996, p. 66.