2002/919/EC: Commission Decision of 22 November 2002 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(2002) 4525)
Date: 2002-11-22
Institutions: European Commission
Subjects: afforestation, customs document, fiscal policy, marketing, plant propagation, seed

26.11.2002

EN

Official Journal of the European Communities

L 321/47

COMMISSION DECISION

of 22 November 2002

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(2002) 4525)

(Text with EEA relevance)

(2002/919/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,

Having regard to the requests submitted by five Member States,

Whereas:

Production of reproductive material of the species set
out in the Annex is at present insufficient in certain
Member States with the result that their requirements
for reproductive material of those species conforming to
the provisions of Directive 66/404/EEC or Directive 71/
161/EEC cannot be met.

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

same guarantees

affording the

species

(5)

(6)

(7)

(8)

(9)

(10)

In reference to Article 6 of the Commission Decision
2001/765/EC (3), due to the biological cycles of forest
reproductive material,
it is appropriate to permit the
marketing of stocks authorised under this decision until
their exhaustion.

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.

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

Any Member State should be authorised to permit, in its
territory, the marketing of seed which satisfies less strin-
gent
the
requirements in respect of provenance,
marketing of such seed has been authorised in Denmark,
France, Ireland, the Netherlands and the United Kingdom
under this decision.

if

Decision 2001/765/EC as amended by Decision 2002/
17/EC (4) should be amended accordingly.

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticul-
ture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

Ireland,

the Member States concerned, namely
Accordingly,
the Netherlands and the
Denmark, France,
United Kingdom have
requested the Commission,
pursuant to those Directives to authorise them to accept
for marketing seed satisfying less stringent requirements
than those laid down by those Directives.

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.

Article 6 of Decision 2001/765/EC shall be amended adding
the following paragraph:

‘Notwithstanding, stocks of
forest reproductive material
authorised under this decision and accumulated before 31
December 2002 shall be allowed to be marketed until their
exhaustion.’

Article 2

Annex I to Decision 2001/765/EC is amended as set out in the
Annex to this decision.

(1)

(2)

(3)

(4)

(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.
(4) OJ L 6, 10.1.2002, p. 63.

L 321/48

EN

Official Journal of the European Communities

26.11.2002

This decision is addressed to the Member States.

Article 3

Done at Brussels, 22 November 2002.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Annex I to Decision 2001/765/EC is hereby amended as follows:

1. under the columns headed ‘Larix leptolepis, kg’ in the entry in respect of France, ‘70’ is replaced by ‘85’;

2. under the columns headed ‘Larix leptolepis, kg’ in the entry in respect of the Netherlands, ‘20’ is replaced by ‘40’;

3. under the columns headed ‘Larix leptolepis, kg’ in the entry in respect of the United Kingdom, ‘100’ is replaced by

‘300’;

4. under the columns headed ‘Pinus strobus kg’ in the entry in respect of the Netherlands, ‘25’ is replaced by ‘35’;

5. under the columns headed ‘Picea sitchensis, kg’ in the entry in respect of France, ‘40’ is replaced by ‘65’;

6. under the columns headed ‘Picea sitchensis, kg’ in the entry in respect of the United Kingdom, ‘300’ is replaced by

‘450’;

7. under the columns headed ‘Pseudotsuga taxifolia, kg’ in the entry in respect of France, ‘760’ is replaced by ‘1 360’;

8. under the columns headed ‘Pseudotsuga taxifolia, kg’ in the entry in respect of the Netherlands, ‘15’ is replaced by

‘30’;

9. under the columns headed ‘Pseudotsuga taxifolia, kg’ in the entry in respect of the United Kingdom, ‘350’ is replaced

by ‘650’;

10. under the columns headed ‘Fagus sylvatica L., kg’

in the entry in respect of Denmark,

‘10 000’

is replaced by

‘12 300’;

11. under the columns headed ‘Larix decidua Mill., kg’ in the entry in respect of Denmark, ‘40’ is replaced by ‘150’;

12. under the columns headed ‘Larix decidua Mill., kg’ in the entry in respect of France, ‘300’ is replaced by ‘315’;

13. under the columns headed ‘Pinus nigra Arnold, kg, Provenance’ in the entry in respect of France, ‘—’ and ‘—’ are

replaced by ‘20’ and ‘BG (Kunstendil) respectively’;

14. under the columns headed ‘Quercus pendunculata Ehrh, kg, Provenance’ in the entry in respect of Ireland, ‘—’ and ‘—’

are replaced by ‘3 000’ and ‘EC (IRL/OEP) respectively’;

15. under the columns headed ‘Quercus sessiliflora Sal., kg’ in the entry in respect of Denmark, ‘113 000’ is replaced by

‘142 000’;

16. under the columns headed ‘Quercus sessiliflora Sal., kg, Provenance’ in the entry in respect of Ireland, ‘—’ and ‘—’ are

replaced by ‘4 000’ and ‘EC(IRL/OEP) respectively’;

17. under the columns headed ‘Quercus sessiliflora Sal., kg’ in the entry in respect of the United Kingdom, ‘25 000’ is

replaced by ‘29 000’.