2001/841/EC: Commission Decision of 27 November 2001 amending Decision 93/452/EEC authorising the Member States to provide for derogations from certain provisions of Council Directive 2000/29/EC, in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., respectively, originating in Japan (notified under document number C(2001) 3760)
Date: 2001-11-27
Institutions: European Commission
Subjects: Japan, arboriculture, derogation from EU law, import, plant disease, plant health legislation

L 313/44

EN

Official Journal of the European Communities

30.11.2001

COMMISSION

COMMISSION DECISION

of 27 November 2001

amending Decision 93/452/EEC authorising the Member States to provide for derogations from
certain provisions of Council Directive 2000/29/EC, in respect of plants of Chamaecyparis Spach,
Juniperus L. and Pinus L., respectively, originating in Japan

(notified under document number C(2001) 3760)

(2001/841/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Plant Health,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against
the introduction into the
Community of organisms harmful to plants and plant products
their spread within the Community (1), as last
and against
amended by Commission Directive 2001/33/EC (2), and in
particular Article 15(1) thereof,

HAS ADOPTED THIS DECISION:

Article 1

Decision 93/452/EEC is amended as follows:

1. In Article 1(2)(h), fourth indent, ‘98/641/EC’ is replaced by

Having regard to the request made by the United Kingdom,

‘2001/841/EC’.

Whereas:

(1)

(2)

(3)

(4)

Under Directive 2000/29/EC, plants of Chamaecyparis
Spach, Juniperus L. and Pinus L., other than fruits and
seeds, originating in non-European countries, may in
principle not be introduced into the Community.

Commission Decision 93/452/EEC of 15 July 1993
authorising the Member States to provide for deroga-
tions 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 (3), as last amended by Decision 98/641/EC (4),
authorises Member States to provide for derogations for
such plants provided that certain technical conditions
are satisfied.

Since the circumstances justifying the authorisation still
obtain and there is no new information giving cause for
revision of the technical conditions, the authorisation
should be extended.

Decision 93/452/EEC should therefore be amended
accordingly.

2. Article 3 is replaced by the following:

‘Article 3

The authorisation granted in Article 1 shall apply from 1
June 1993 until 31 December 2002 in the case of Pinus and
Chamaecyparis plants and from 1 December 2001 until 31
March 2002 in the case of
It shall be
revoked earlier, if it is established that the conditions laid
down under Article 1(2) are not sufficient to prevent the
introduction of harmful organisms, or have not been
complied with.’

Juniperus plants.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 November 2001.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 127, 9.5.2001, p. 42.
(3) OJ L 210, 21.8.1993, p. 29.
(4) OJ L 304, 14.11.1998, p. 36.