Commission Regulation (EC) No 69/2004 of 15 January 2004 authorising derogations from certain provisions of Council Directive 1999/105/EC in respect of the marketing of forest reproductive material derived from certain basic material
Date: 2004-01-15
Institutions: European Commission
Subjects: forestry holding, marketing, plant health legislation, plant propagation

L 10/16

EN

Official Journal of the European Union

16.1.2004

COMMISSION REGULATION (EC) No 69/2004

of 15 January 2004

authorising derogations from certain provisions of Council Directive 1999/105/EC in respect of
the marketing of forest reproductive material derived from certain basic material

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 6(7) thereof,

2. Where reproductive material is derived from basic mate-
rial of the type referred to in paragraph 1, Member States may
authorise the marketing of such reproductive material under
the category ‘Qualified’.

For the purposes of this Regulation, definitions of ‘basic mate-
‘qualified’ and ‘official body’
rial’,
provided for in Article 2 of Directive 1999/105/EC shall apply.

‘reproductive material’,

Whereas:

Article 2

In accordance with Directive 1999/105/EC, forest repro-
ductive material to be marketed is to be derived from
basic material which fulfils the requirements laid down
in the Annexes to that Directive.

1. Member States shall notify the Commission and other
Member States of any basic material which has been approved
to produce forest reproductive material under this Regulation.

(1)

(2)

(3)

(4)

(5)

Forest
reproductive material derived from approved
basic material may be marketed under several categories,
including ‘Qualified’.

Certain basic material of a species not previously
covered by Council Directive 66/401/EEC (2) which
produces forest reproductive material which does not
fulfil all the requirements of Directive 1999/105/EC and
cannot fulfil these requirements in a reasonable period
of time due to the long life cycle.

In order
to prevent a deficiency of basic material
intended for the production of reproductive material,
derogations should therefore be authorised for a limited
period and subject to specific conditions.

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

HAS ADOPTED THIS REGULATION:

2.
The entry in the national list of approved basic material
referred to in Article 10 of Directive 1999/105/EC shall indi-
cate that the basic material has not fulfilled all the requirements
of that Directive as following ‘Article 6(7) of Directive 1999/
105/EC’.

The entry in the Community List of approved basic mate-
3.
rial for the production of forest reproductive material referred
to in Article 11 of Directive 1999/105/EC shall indicate that
the basic material has not fulfilled all the requirements of that
Directive as following ‘Article 6(7) of Directive 1999/105/EC’.

4.
The entry in the Master Certificate referred to in Article
12 first indent of Directive 1999/105/EC shall indicate that the
basic material has not fulfilled all the requirements of that
Directive as following ‘Article 6(7) of Directive 1999/105/EC’.
Detailed information is laid down in the Annex to this Regu-
lation.

Article 3

During the marketing of forest reproductive material from the
basic material authorised under Article 1 the supplier's label or
documents required under Article 14(1) of Directive 1999/105/
EC shall state that ‘The material meets the requirements as fore-
seen by Commission Regulation (EC) No 69/2004’.

Article 1

Article 4

1.
This Regulation applies to basic material of Pinus pinaster
Ait. which meets the requirements of Directive 1999/105/EC,
with the exception of point 1(c) of Annex IV to that Directive.

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

(1) OJ L 11, 15.1.2000, p. 17.
(2) OJ 125 11.7.1966, p. 2326/66.

It shall expire 15 years after its entry into force.

16.1.2004

EN

Official Journal of the European Union

L 10/17

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

Done at Brussels, 15 January 2004.

For the Commission

David BYRNE

Member of the Commission

ANNEX

Information to be laid down in the Master Certificate as set out in Annex VIII part B

1. In paragraph 1(b) the wording ‘Article 6(7) of Directive 1999/105/EC’ and the appropriate name of the basic material

shall be indicated.

2. In paragraph 6 the wording ‘Article 6(7) of Directive 1999/105/EC’ and the register reference shall be indicated.

3. In paragraph 20 the wording ‘Article 6(7) of Directive 1999/105/EC’ shall be indicated.