2003/69/EC: Commission Decision of 28 January 2003 authorising the Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Switzerland (notified under document number C(2003) 340)
Date: 2003-01-28
Institutions: European Commission
Subjects: derogation from EU law, parasitology, plant disease, plant health control, plant health legislation

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Official Journal of the European Communities

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COMMISSION DECISION

of 28 January 2003

authorising the Member States to provide for temporary derogations from certain provisions of
Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Swit-
zerland

(notified under document number C(2003) 340)

(2003/69/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000
the introduction into the
on protective measures against
Community of organisms harmful to plants or plant products
their spread within the Community (1), as last
and against
amended by Directive 2002/89/EC (2), and in particular Article
15(1) thereof,

Having regard to the request made by France,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Under Directive 2000/29/EC, plants of Vitis L., other
than fruits, originating in third countries must not in
principle be introduced into the Community. However,
that Directive permits derogations
rule,
there is no risk of spreading harmful
provided that
organisms.

from that

By Commission Decisions 97/159/EC (3), 1999/166/
EC (4), 2000/189/EC (5), 2001/5/EC (6) and 2001/836/
EC (7), derogations from certain provisions of Directive
2000/29/EC in respect of plants of Vitis L., other than
fruits, originating in Switzerland have been authorised
for limited periods and subject to specific conditions.

The circumstances justifying those derogations are still
valid. There is no new information giving cause for revi-
sion of the specific conditions.

The Member States should therefore be authorised to
provide for derogations for a limited period and subject
to specific conditions.

That authorisation to provide for derogations should be
terminated if it is established that the specific conditions
laid down in this Decision are not sufficient to prevent
the introduction of harmful organisms into the Commu-
nity or have not been complied with.

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

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 355, 30.12.2002, p. 45.
(3) OJ L 62, 4.3.1997, p. 36.
(4) OJ L 55, 3.3.1999, p. 16.
(5) OJ L 59, 4.3.2000, p. 18.
(6) OJ L 2, 5.1.2001, p. 22.
(7) OJ L 312, 29.11.2001, p. 27.

Article 1

The Member States are authorised to provide for derogations
from Article 4(1) of Directive 2000/29/EC, with regard to the
prohibitions referred to in point 15 of Part A of Annex III to
that Directive for plants of Vitis L., other than fruits, originating
in Switzerland.

In order to qualify for the derogation provided for in the first
paragraph, plants of Vitis L., other than fruits, shall satisfy, in
addition to the requirements laid down in Annexes I and II to
Directive 2000/29/EC, the conditions set out in the Annex to
this Decision.

Article 2

Member States shall provide the Commission and the other
Member States, before 30 November 2003, with the informa-
tion on quantities imported pursuant to this Decision and with
a detailed technical report of the official examination referred
to in point 6 of the Annex.

Any Member State in which buds from the plants are grafted
on to rootstocks and in which the grafted plants are planted
after the import, shall also provide the Commission and the
other Member States, before 30 November 2003, with a
detailed technical report of the official examination referred to
in point 9(b) of the Annex.

Article 3

Member States shall immediately notify the Commission and
the other Member States of all cases of consignments intro-
duced into their territory pursuant to this Decision which were
subsequently found not to comply with this Decision.

Article 4

Article 1 shall apply for the period from 1 February to 30
March 2003.

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This Decision is addressed to the Member States.

Article 5

Done at Brussels, 28 January 2003.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

Specific conditions applying to plants of Vitis L., other than fruits, originating in Switzerland benefiting from
derogations provided for in Article 1 of this Decision

1. The plants shall be propagating material in the form of dormant buds that shall be:

(a) of the following varieties:

— Amigne,

— Carminoir,

— Chasselas blanc,

— Cornalin,

— Diolinoir,

— Gamaret,

— Garanoir,

— Humagne rouge,

— Humagne,

— Paien jaune,

— Petite Arvine,

— Pinot noir Valais,

— Sylvaner;

(b) harvested in stock nurseries, which are officially registered. The lists of the registered nurseries shall be made
available to the Member States making use of the derogation and to the Commission, at the latest by 1 February
2003. These lists shall include the name(s) of the varieties, the number of rows planted with these varieties, the
number of plants per row for each of these nurseries, as far as they are deemed suitable for dispatch to the
Community in 2003, under the conditions laid down in this Decision;

(c) properly packed and the packaging made recognisable with a marking, enabling the identification of the regis-

tered nursery and the variety;

(d) intended to be grafted in the Community, at premises referred to in point 7, on to rootstocks produced in the

Community.

2. The plants shall be accompanied by a phytosanitary certificate issued in Switzerland in accordance with Articles 7
and 13 of Directive 2000/29/EC, on the basis of the examination laid down therein, stating, in particular, freedom
from the following harmful organisms:

(a) Daktulosphaira vitifoliae (Fitch),

(b) Xylophilus ampelinus (Panagopoulos) Willems et al.,

(c) Grapevine Flavescence dorée MLO.

The certificate shall state under ‘Additional declaration’, the indication ‘This consignment meets the conditions laid
down in Decision 2003/69/EC’.

3. The official plant protection organisation of Switzerland shall ensure the identity of the buds from the time of

harvesting as referred to in point 1(b) until the time of loading for export to the Community.

4. The plants shall be introduced through points of entry situated within the territory of a Member State and desig-
nated for the purpose of this derogation by that Member State; these points of entry and the name and address of
the responsible official body referred to in Directive 2000/29/EC in charge of each point shall be notified sufficiently
in advance by the Member States to the Commission and shall be made available on request to other Member States.
In those cases where the introduction into the Community takes place in a Member State other than the Member
State making use of this derogation, the said responsible official bodies of the Member State of introduction shall
inform and cooperate with the said responsible official bodies of the Member States making use of this derogation
to ensure that the provisions of this Decision are complied with.

5. Prior to introduction into the Community, the importer shall be officially informed of the conditions laid down in
points 1 to 10; the said importer shall notify details of each introduction sufficiently in advance to the responsible
official bodies in the Member State of introduction and that Member State, without delay, shall convey the details of
the notification to the Commission, indicating:

(a) the type of material;

(b) the variety and the quantity;

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(c) the declared date of introduction and confirmation of the point of entry;

(d) the names, addresses and the locations of the premises referred to in point 7 where the buds will be grafted

and/or where the grafted plants will subsequently be planted.

The importer shall inform the official bodies concerned of any changes to the above details as soon as they are
known.

The Member State concerned shall inform the Commission of the above details, and details of any change to them
without delay.

6. The inspections including testing, as appropriate, required pursuant to Article 13 of Directive 2000/29/EC and in
accordance with provisions laid down in this Decision shall be made by the responsible official bodies, referred to
in the said Directive; of these inspections, the plant health checks shall be carried out by the Member State making
use of this derogation and where appropriate, in cooperation with the said bodies of the Member State in which the
buds will be grafted. Furthermore, during the said plant health check Member State(s) shall also inspect for all other
harmful organisms. Subsamples shall be kept available for subsequent examination by other Member States.

Without prejudice to the monitoring referred to in Article 21(3), second indent, first possibility of the said Directive,
the Commission shall determine to which extent the inspections referred to in Article 21(3), second indent, second
possibility, of the said Directive shall be integrated into the inspection programme in accordance with the fifth
subparagraph of Article 21(5) of that Directive.

7. The buds shall be grafted on to rootstocks and the grafted plants subsequently planted only at premises:

(a) for which the names, addresses and the locations have been notified by the person who intends to use the buds
imported pursuant to this Decision, to the said responsible official bodies of the Member State in which the
premises are situated; and

(b) officially registered and approved for the purposes of this derogation.

In those cases where the place of grafting or planting is situated in a Member State other than the Member State
making use of this derogation, the said responsible official bodies of the Member State making use of this deroga-
tion, at the moment of receipt of the aforementioned advance notification from the importer, shall inform the said
responsible official bodies of the Member State in which the buds will be grafted or planted giving the names,
addresses and the locations of the premises where the plants will be grafted or planted.

8. The said responsible official bodies shall ensure that any bud not used in accordance with point 7 shall be destroyed

under their control. Records shall be kept available to the Commission on the numbers of plants destroyed.

9. At the premises referred to in point 7:

(a) the buds which have been found free from the harmful organisms referred to in point 6 may then be used for
grafting and the grafted plants shall be planted and grown in fields belonging to the premises referred to in
point 7 and shall remain on the premises, until they are moved to the destination outside the Community as
referred to in point 10;

(b) the grafted plants shall be, in the growing period following importation, visually inspected by the said respon-
sible official bodies of the Member State in which the grafted plants are planted, at appropriate times, for the
presence of any harmful organism or for signs or symptoms caused by any harmful organism including those of
Daktulosphaira vitifoliae (Fitch); as a result of such visual inspection any harmful organism having caused such
signs or symptoms shall be identified by an appropriate testing procedure;

(c) any grafted plant which has not been found free during the said inspections or testing, referred to in the
previous indents, from the harmful organisms listed under point 2, or otherwise of quarantine concern, shall be
immediately destroyed under control of the said responsible bodies. The Commission shall be immediately noti-
fied thereof.

10. Any grafted plant resulting from a successful grafting using the buds referred to in point 1 shall be only released in
2003 or 2004 as grafted plants to a destination outside the Community. The said responsible official bodies shall
ensure that any plant not so moved shall be officially destroyed. Records shall be kept available to the Commission
on the amounts of successfully grafted plants, of officially destroyed plants and of plants sold as well as on the
country of destination of the plants sold.