2004/678/EC: Commission Decision of 29 September 2004 authorising Member States to permit temporarily the marketing of seed of the species Cedrus libani, Pinus brutia and planting stock produced from this seed not satisfying the requirements of Council Directive 1999/105/EC (notified under document number C(2004) 3138)
Date: 2004-09-29
Institutions: European Commission
Subjects: arboriculture, marketing, plant health legislation, plant propagation, seed

L 310/72

EN

Official Journal of the European Union

7.10.2004

COMMISSION

COMMISSION DECISION

of 29 September 2004
authorising Member States to permit temporarily the marketing of seed of the species Cedrus libani,
Pinus brutia and planting stock produced from this seed not satisfying the requirements of Council
Directive 1999/105/EC

(notified under document number C(2004) 3138)

(2004/678/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 1999/105/EC of 22
reproductive
December 1999 on the marketing of
material (1), and in particular Article 18(1) thereof,

forest

Whereas:

(1)

(2)

(3)

(4)

seed and planting stock
In France production of
produced from this seed of
libani
and Pinus brutia is at present insufficient with the result
that its requirement for reproductive material conforming
to the provisions of Directive 1999/105/EC cannot be
met.

the species Cedrus

Third countries are not in a position to supply sufficient
seed and planting stock produced from this seed of the
relevant
as
Community reproductive material and conforming to
the provisions of Directive 1999/105/EC.

same guarantees

affording the

species

Accordingly, France has
requested the Commission
pursuant to this Directive to authorise them to accept
for marketing seed and planting stock produced from
this
than
those laid down by the Directive.

seed satisfying less

requirements

stringent

In order to cover the shortage, France should therefore be
authorised to permit, for a limited period, the marketing
of seed and planting stock produced from this seed of
stringent
species which satisfies
relevant
the
requirements.

less

(1) OJ L 11, 15.1.2000, p. 17. Directive as amended by Regulation (EC)
No 1829/2003 of the European Parliament and of the Council (OJ L
268, 18.10.2003, p. 1).

Seed should be collected, if possible, 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
seed and
seed should be
planting stock produced from this
is accompanied by a document
marketed only if
it
bearing certain details of the reproductive material
in
question.

the material. Furthermore,

Other Member States should furthermore be authorised
to permit, in their territory, the marketing of seed and
planting stock produced from this seed as defined in
Directive 1999/105/EC which satisfy less
stringent
requirements in respect of identification and labelling, if
the marketing of such material has been authorised in
the other Member States under this Decision.

in this Decision are in
The measures provided for
accordance with
Standing
the
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

opinion

the

of

(6)

(7)

HAS ADOPTED THIS DECISION:

Article 1

1.
The marketing in the Community of seed intended for the
production of planting stock of Cedrus libani and Pinus brutia
which does not satisfy the requirements in respect of identifi-
cation and labelling laid down in Article 13 and 14 of Directive
1999/105/EC shall be permitted, until 31 May 2005,
in
accordance with the requirements set out in the Annexes to
this Decision.

2.
The marketing of planting stock produced from the
abovementioned seed is authorised within the Community
until 31 May 2010, provided that requirements as set out in
Annex II to this Decision are fulfilled.

7.10.2004

EN

Official Journal of the European Union

L 310/73

For the purposes of this Decision, definitions as laid down in
Article 2 of Council Directive 1999/105/EC shall apply.

Article 2

Any supplier wishing to place on the market the seed referred
to in Article 1 shall apply for authorisation to the Member State
in which he is established or importing. The Member State
concerned shall authorise the supplier to place seed on the
market, unless:

(a)

there is sufficient evidence to doubt as to whether the
supplier is able to place on the market the amount of
seed for which he has applied for authorisation; or

Any Member State receiving an application under Article 2 shall
immediately notify the coordinating Member State of
the
amount covered by the application. The coordinating Member
State shall immediately inform the notifying Member State as to
whether authorisation would result in the maximum quantity
being exceeded.

Article 4

immediately notify the Commission and
Member States shall
the other Member States of the quantities in respect of which
they have granted marketing authorisation pursuant
to this
Decision.

(b) the requirements specified in the Annexes to this Decision

are not fulfilled.

This Decision is addressed to the Member States.

Article 5

Article 3

Done at Brussels, 29 September 2004.

The Member States shall assist each other administratively in the
application of this Decision. France shall act as co-ordinating
Member State in respect of Article 1 in order to ensure that the
total amount authorised does not exceed the maximum quantity
specified in Annex I.

For the Commission

David BYRNE
Member of the Commission

L 310/74

EN

Official Journal of the European Union

7.10.2004

ANNEX I

Maximum quantity of seeds authorised

Member State

France

Cedrus libani

Pinus brutia

kg

15

Provenance

Turkey

kg

30

Provenance

Turkey

Conditions concerning the identification and labelling of the seed and planting stock produced from this seed

ANNEX II

1. Concerning identification the following information is required:
(a) Identification code for the ‘basic material’ if available;

(b) botanical name;
(c) ‘category’;

(d) purpose;
e) type of ‘basic material’;
(f) ‘region of provenance’ or identity code;
(g) ‘origin’: if appropriate, whether the origin of the material is autochthonous or indigenous, non-autochthonous or

non-indigenous, or unknown;

(h) ‘provenance’ or geographical location defined by latitudinal and longitudinal range;

(i) altitude or altitudinal range;

(j) year of ripening.

2. Concerning labelling the following information must be included on the supplier’s label or document:

(a) the information under point 1 and in addition;

(b) name of supplier;

(c) quantity supplied;

(d) mention that the seed and planting stock produced from this seed satisfies less stringent requirements.