1999/137/EC: Commission Decision of 3 February 1999 authorising the Member States to permit temporarily the marketing of vine propagating material not satisfying the requirements of Council Directive 68/193/EEC (notified under document number C(1999) 266)
Date: 1999-02-03
Institutions: European Commission
Subjects: Austria, labelling, marketing, plant health legislation, plant propagation, vineyard

L 44/64

EN

Official Journal of the European Communities

18. 2. 1999

COMMISSION DECISION

of 3 February 1999

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

(notified under document number C(1999) 266)

(1999/137/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

amended by Commission Directive 98/2/EC (3), and in
any implementing measures thereof;

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 partic-
ular Article 14 thereof,

Having regard to the request submitted by Austria,

Whereas in the Community, in particular in Austria the
production of certain vine propagating materials satisfying
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 satisfac-
torily 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 15 February 1999,
of material of a category to which less stringent require-
ments apply;

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,

HAS ADOPTED THIS DECISION:

Article 1

1.
Austria is authorised to permit, for a period expiring
on 15 February 1999 the marketing on its territory of a
maximum of 1 250 000 rootstock cuttings 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 inspec-
tion of standard propagation material, provided that 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 above mentioned rootstock cuttings for grafting,
provided that the official label is brown and bears the
words ‘less stringent requirements'.

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

Article 2

Whereas in Austria the propagating material will be
imported in the forms of rootstock cuttings to be used for
grafting; whereas, according to the request, the rooted
grafts produced in the Community from such propagating
material are then intended to be marketed in the
Community;

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

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 3

The authorisation under Article 1 shall be without preju-
dice to Directive 77/93/EEC and any implementing
measures thereof.

(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.

18. 2. 1999

EN

Official Journal of the European Communities

L 44/65

Article 4

Member States shall immediately notify the Commission and the other Member States of
the quantities of propagating material permitted to be marketed in their territories under
this Decision.

This Decision is addressed to the Member States.

Article 5

Done at Brussels, 3 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission