Commission Regulation (EC) No 1598/2002 of 6 September 2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the provision of mutual administrative assistance by official bodies
Date: 2002-09-06
Institutions: European Commission
Subjects: EU body, administrative cooperation, exchange of information, forest, marketing, plant propagation

7.9.2002

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Official Journal of the European Communities

L 240/39

COMMISSION REGULATION (EC) No 1598/2002

of 6 September 2002

laying down detailed rules for the application of Council Directive 1999/105/EC as regards the
provision of mutual administrative assistance by official bodies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 1999/105/EC of 22
December 1999 on the marketing of forest reproductive mate-
rial (1), and in particular Article 16(4) thereof,

Whereas:

(1)

(2)

(3)

In accordance with Article 16(1) of Directive 1999/105/
EC, Member States are required to ensure, by an official
control system, that forest reproductive material from
individual units of approval or lots remains clearly iden-
tifiable through the entire process from collection to
delivery to the end user.

In order to ensure the proper functioning of the control
system, official bodies need to obtain appropriate infor-
mation on the marketing of reproductive material by
registered suppliers and the suppliers' documents issued
by them. Under Article 16(3) of Directive 1999/105/EC
suppliers are to provide official bodies with records
containing such appropriate information.

If during the process from collection to delivery to the
end user forest reproductive material moves from one
Member State to another, the appropriate information
on the marketing prior to the entry into the control
system of the receiving Member State can be obtained by
the official body of the receiving Member State only
through the official body of the Member State of the
supplier. To ensure that such information is communi-
cated in a timely and efficient manner, it is appropriate
to establish a standardised procedure for its exchange.

(4)

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on Seeds and Propagating Material for Agriculture, Horti-
culture and Forestry,

HAS ADOPTED THIS REGULATION:

Article 1

in which the supplier is based shall provide information to the
official body of the Member State in which the recipient is
based. The information shall be provided by means of an Infor-
mation Document in a standardised format as set out in the
Annex. The information shall be transmitted (by post, facsimile,
e-mail or other electronic means) not later than three months
after the date of dispatch of the forest reproductive material by
the supplier.

2.
In the case where the official body of a Member State in
which the recipient is based requires information in addition to
that on the Information Document referred to in paragraph 1,
the official body of the Member State in which the supplier is
based shall assist in every way possible to obtain and supply
that information.

Article 2

If, in the framework of official inspection activities, the official
body of a Member State needs information, samples or other
evidence which can only be obtained in another Member State,
the official body of that other Member State shall upon specific
request assist in every way possible to obtain and supply such
information, samples or other evidence.

Article 3

Whenever questions as regards the authenticity of the forest
reproductive material arise, the relevant official bodies shall
cooperate to resolve the problem as quickly as possible.

Article 4

If an official body of the Member State in which the supplier is
based discovers that incorrect information has been provided
by a supplier, that official body shall immediately notify the
official body of the Member State(s) to which that information
was supplied.

Article 5

1. Where forest
reproductive material moves from one
Member State to another, the official body of the Member State

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

(1) OJ L 11, 15.1.2000, p. 17.

It shall apply to material dispatched after 31 December 2002.

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Official Journal of the European Communities

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 September 2002.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

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Official Journal of the European Communities

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