2004/827/EC: Commission Decision of 29 November 2004 authorising a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil originating in Australia (notified under document number C(2004) 4449)
Date: 2004-11-29
Institutions: European Commission
Subjects: Australia, customs regulations, derogation from EU law, environmental protection, import (EU), plant health legislation

3.12.2004

EN

Official Journal of the European Union

L 358/33

COMMISSION DECISION

of 29 November 2004

authorising a temporary derogation from certain provisions of Council Directive 2000/29/EC in
respect of the importation of soil originating in Australia

(notified under document number C(2004) 4449)

(2004/827/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

HAS ADOPTED THIS DECISION:

Article 1

Member States are hereby authorised to provide for a dero-
gation from Article 4(1) of Directive 2000/29/EC, with regard
to the prohibitions referred to in point 14 of Part A of Annex
III to that Directive for soil originating in Australia.

In order to qualify for the derogation, the soil shall be subject to
the specific conditions provided for in the Annex, be introduced
into the Community between 20 November 2004 and 31
January 2005 and be destined for ceremonial use.

The authorisation is without prejudice to any further authori-
sation or procedures which may be required under other legis-
lation.

Article 2

Member States which grant derogations pursuant
Decision shall submit a report
before 1 March 2005.

to this
thereon to the Commission

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 November 2004.

For the Commission

Markos KYPRIANOU
Member of the Commission

Having regard to the Treaty
Community,

establishing the European

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

Having regard to the request made by Australia,

Whereas:

(1)

(2)

(3)

(4)

(5)

Under Directive 2000/29/EC, soil originating in certain
third countries may not in principle be introduced into
the Community.

Australia has asked to be allowed to export a small
quantity of
to the
Community to be deposited for ceremonial purposes
on the grave of an Australian citizen buried in Belgium.

soil originating

in Australia

The soil in question will be suitably treated before leaving
Australia and accompanied by an official certificate to
this effect issued by the Australian authorities.

there is no risk of
The Commission considers that
to plants or plant
spreading organisms harmful
products if the soil is treated as proposed by Australia.

Member States should therefore for a limited period be
authorised to provide for a derogation to allow the
to specific
import of small quantities of soil subject
conditions for treatment.

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2004/102/EC (OJ L 309, 6.10.2004, p. 9).

L 358/34

EN

Official Journal of the European Union

3.12.2004

ANNEX

Specific conditions applying to soil originating in Australia benefiting from the derogation provided for in
Article 1 of this Decision

1. The soil shall be:

(a) heated in hot air at not less than 121 °C for not less than two hours once the core temperature has been reached,

or,

(b) Gamma irradiated at 50 kGray (5 Mrad).

2. The soil shall be accompanied by a phytosanitary certificate issued in Australia in accordance with Annex VII of
Directive 2000/29/EC. The certificate shall state under ‘Additional declaration’, the indication ‘This consignment meets
the conditions laid down in Commission Decision 2004/…/EC’.

3. Prior to introduction into the Community, the importer shall officially inform the responsible official bodies in the

Member State of introduction of:

(a)

the quantity of soil,

(b) the origin of the soil,

(c)

the intended date of introduction,

(d) the destination of the soil.

4. The soil shall be destined only for the location which has been notified in accordance with point 3(d) to the

responsible official bodies.

In those cases where the destination is situated in a Member State other than the Member State where the soil enters
the Community, the responsible official bodies of the Member State of entry, at the moment of receipt of the
aforementioned advance notification from the importer, shall inform the responsible official bodies of the Member
State of destination giving the location for which the soil is destined.