1999/30/EC: Commission Decision of 18 December 1998 deferring, as regards the importation of fruit plant propagating material and fruit plants intended for fruit production from third countries, the date referred to in Article 16(2) of Directive 92/34/EEC (notified under document number C(1998) 4263)
Date: 1998-12-18
Institutions: European Commission
Subjects: fruit-growing, import, plant health control, plant propagation, third country

L 8/30

EN

Official Journal of the European Communities

14. 1. 1999

COMMISSION DECISION

of 18 December 1998

deferring, as regards the importation of fruit plant propagating material and
fruit plants intended for fruit production from third countries, the date referred
to in Article 16(2) of Directive 92/34/EEC

(notified under document number C(1998) 4263)

(1999/30/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 92/34/EEC of 28
April 1992 on the marketing of fruit plant propagating
material and fruit plants, intended for fruit production (1),
as last amended by Commission Decision 97/110/EC (2),
and in particular Article 16(2) thereof,

Whereas, by virtue of Commission Decision 97/110/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 92/34/EEC to decide whether propa-
gating material and fruit 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 fruit 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 fruit 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 fruit plants from third countries conditions equi-
to the production and
valent

applicable

to those

marketing of products obtained in the Community, in
accordance with Article 16(2) of the said Directive;

Whereas propagating material and fruit plants imported
by a Member State in accordance with a decision taken by
that Member State pursuant to Article 16(2), first subpara-
to no
graph of
marketing restrictions as regards the matters referred to in
Article 16(1) of the said Directive in other Member States;

the said Directive should be subject

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 the Standing Committee
on Propagating Material and Plants of Fruit Genera and
Species,

HAS ADOPTED THIS DECISION:

Article 1

The date referred to in Article 16(2), first subparagraph of
Directive 92/34/EEC is hereby deferred until 31
December 2001.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 18 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 157, 10. 6. 1992, p. 10.
(2) OJ L 39, 8. 2. 1997, p. 22.