1999/9/EC: Commission Decision of 18 December 1998 deferring, as regards the importation of ornamental plant propagating material and ornamental plants from third countries, the date referred to in Article 16(2) of Directive 91/682/EEC (notified under document number C(1998) 4254)
Date: 1998-12-18
Institutions: European Commission
Subjects: horticulture, import, marketing, plant health control, plant propagation, third country

9. 1. 1999

EN

Official Journal of the European Communities

L 5/75

COMMISSION

COMMISSION DECISION

of 18 December 1998

deferring, as regards the importation of ornamental plant propagating material
and ornamental plants from third countries, the date referred to in Article 16(2)
of Directive 91/682/EEC

(notified under document number C(1998) 4254)

(1999/9/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 91/682/EEC of 19
December 1991 on the marketing of ornamental plant
propagating material and ornamental plants (1), as last
amended by Commission Decision 97/108/EC (2), and in
particular Article 16(2) thereof,

Whereas Directive 91/682/EEC will be replaced by
Council Directive 98/56/EC (3) with effect on 1 July 1999;

Whereas, by virtue of Commission Decision 97/108/EC
the date in Article 16(2) of the said Directive was deferred
until 31 December 1998;

Whereas the Commission is required pursuant to Article
16(1) of Directive 91/682/EEC to decide whether propa-
gating material and ornamental plants produced in a third
country and affording the same guarantees as regards
obligations on the supplier, identity, characteristics, plant
health, growing medium, packaging, inspection arrange-
ments, marking and sealing, are equivalent in all these
respects to propagating material and ornamental plants
produced in the Community and complying with the
requirements and conditions of the Directive;

Whereas, however, the information presently available on
the conditions applying in third countries is still not
sufficient to enable the Community to make any such
decision in respect of any third country at this stage;

Whereas it is known that Member States have imported
propagating material and ornamental plants produced in
certain third countries; whereas, in order to prevent trade
patterns from being disrupted Member States should be
allowed to continue to apply to the import of propagating
material and ornamental plants from third countries
conditions equivalent to those applicable to the produc-
tion and marketing of products obtained in the
Community, in accordance with Article 16(2) of the said
Directive;

Whereas propagating material and ornamental plants
imported by a Member State in accordance with a
decision taken by that Member State pursuant to the first
subparagraph of Article 16(2) of the said Directive should
be subject to no marketing restrictions as regards the
matters referred to in Article 16(1) of the said Directive in
other Member States;

Whereas accordingly the date referred to in Article 16(2)
of the said Directive should be further deferred;

Whereas the measures provided for in this Decision are in
accordance with the opinion of Standing Committee for
Propagating Materials and Ornamental Plants,

HAS ADOPTED THIS DECISION:

Article 1

(1) OJ L 376, 31. 12. 1991, p. 21.
(2) OJ L 39, 8. 2. 1997, p. 20.
(3) OJ L 226, 13. 8. 1998, p. 16.

The date referred to in Article 16(2), first subparagraph, of
Directive 91/682/EEC is hereby deferred until 30 June
1999.

L 5/76

EN

Official Journal of the European Communities

9. 1. 1999

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 18 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission