2002/17/EC: Commission Decision of 31 December 2001 amending Decision 2001/765/EC authorising Member States to permit temporarily the marketing of forest reproductive material not satisfying the requirements of Council Directives 66/404/EEC and 71/161/EEC (Text with EEA relevance) (notified under document number C(2001) 4769)
Date: 2001-12-31
Institutions: European Commission
Subjects: afforestation, customs document, fiscal policy, marketing, plant propagation, seed

10.1.2002

EN

Official Journal of the European Communities

L 6/63

COMMISSION DECISION

of 31 December 2001

amending Decision 2001/765/EC authorising Member States to permit temporarily the marketing
of forest reproductive material not satisfying the requirements of Council Directives 66/404/EEC
and 71/161/EEC

(notified under document number C(2001) 4769)

(Text with EEA relevance)

(2002/17/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 66/404/EEC of 14 June
1966 on the marketing of forest reproductive material (1), as
last amended by the Act of Accession of Austria, Finland and
Sweden, and in particular Article 15(1) thereof,

Having regard to Council Directive 71/161/EEC of 30 March
1971 on external quality standards for forest reproductive
material marketed within the Community (2), as last amended
by the Act of Accession of Austria, Finland and Sweden, and in
particular Article 15 thereof,

(6)

(7)

(8)

seed should be marketed only if it is accompanied by a
document bearing certain details of the seed in question.

Any Member State should furthermore be authorised to
permit,
in its territory, the marketing of seed which
satisfies less stringent requirements in respect of proven-
ance, if the marketing of such seed has been authorised
in Spain or France under this Decision.

Commission Decision 2001/765/EC (3)
amended accordingly.

should

be

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
for Agriculture,
on Seeds and Propagating Material
Horticulture and Forestry,

Whereas:

(1)

(2)

(3)

(4)

(5)

The production of reproductive material of the species
indicated in Article 1 of this Decision is at present
insufficient in Spain and France, with the result that their
requirements for reproductive material of those species
conforming to the provisions of Directives 66/404/EEC
or 71/161/EEC cannot be met.

Other Member States and third countries are not in a
position to supply sufficient reproductive material of the
relevant
species affording the same guarantees as
Community reproductive material and conforming to
the provisions of Directives 66/404/EEC or 71/161/EEC.

Accordingly, Spain and France have requested the
Commission, on 17 September and 29 October 2001
respectively, pursuant to those Directives to authorise
them to accept for marketing seed satisfying less strin-
gent requirements than those laid down by those Direct-
ives.

In order to cover the shortage, the applicant Member
States should therefore be authorised to permit, for a
limited period, the marketing of seed of the relevant
species which satisfies less stringent requirements.

For genetic reasons, the seed should be collected at
places of origin within the natural range of the relevant
species and the strictest possible guarantees should be
given to ensure the identity of the seed. Furthermore,

HAS ADOPTED THIS DECISION:

Article 1

Annex I
follows:

to Decision 2001/765/EC is hereby amended as

1. under the columns headed ‘Abies alba, kg, Provenance’ in the
entry in respect of Spain and are replaced by ‘70’ and ‘EC
(E/OEP)’;

2. under the columns headed ‘Larix leptolepis, kg, Provenance’
in the entry in respect of Spain and are replaced by ‘15’ and
‘CN, JP’;

3. under the columns headed ‘Pinus strobus, kg, Provenance’ in
the entry in respect of Spain and are replaced by ‘3’ and
‘US’;

4. under the columns headed ‘Picea sitchensis, kg, Provenance’
in the entry in respect of Spain and are replaced by ‘30’ and
‘US’;

5. under the columns headed ‘Pseudotsuga taxifolia, kg, Proven-
ance’ in the entry in respect of Spain and are replaced by
‘280’ and ‘EC (E/OEP), US (California, Oregon, Washington)’;

6. under the columns headed ‘Larix decidua Mill., Provenance’
in the entry in respect of France, ‘CZ (Sudeten), CZ and SK
(origin Polish)’ is replaced by ‘CZ (Sudeten), SK (Sudeten)
and PL (central Poland)’;

(1) OJ 125, 11.7.1966, p. 2326/66.
(2) OJ L 87, 17.4.1971, p. 14.

(3) OJ L 288, 1.11.2001, p. 40.

L 6/64

EN

Official Journal of the European Communities

10.1.2002

7. under the columns headed ‘Quercus pedunculata Ehrh., kg, Provenance’ in the entry in respect of France

and are replaced by ‘1 500’ and ‘EC (F/OEP)’;

8. under the columns headed ‘Quercus sessiliflora Sal., kg, Provenance’ in the entry in respect of France and

are replaced by ‘5 200’ and ‘EC (F/OEP)’.

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 31 December 2001.

For the Commission

David BYRNE

Member of the Commission