2005/55/EC: Commission Decision of 25 January 2005 amending Council Directive 92/33/EEC to extend the derogation relating to import conditions for vegetable propagating and planting material from third countries (notified under document number C(2005) 115)
Date: 2005-01-25
Institutions: European Commission
Subjects: derogation from EU law, import, market gardening, originating product, plant health control, plant propagation, seedling, third country, vegetable

26.1.2005

EN

Official Journal of the European Union

L 22/17

COMMISSION DECISION

of 25 January 2005

amending Council Directive 92/33/EEC to extend the derogation relating to import conditions for
vegetable propagating and planting material from third countries

(notified under document number C(2005) 115)

(2005/55/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 92/33/EEC of 28 April 1992
on the marketing of vegetable propagating and planting
material other than seed (1), and in particular Article 16(2)
second subparagraph thereof,

Whereas:

(1)

(2)

(3)

The Commission is required pursuant to Article 16(1) of
Directive 92/33/EEC to decide whether vegetable propa-
gating and planting material, other than seed, produced
in a third country and affording the same guarantees as
identity, characte-
regards obligations on the supplier,
growing medium, packaging,
ristics, plant health,
inspection arrangements, marking
is
and
equivalent in all these respects to vegetable propagating
and planting material other than seed produced in the
Community and complying with the requirements and
conditions of that Directive.

sealing,

the information presently available on the
However,
conditions
still not
applying in third countries
sufficient to enable the Commission to adopt any such
decision in respect of any third country at this stage.

is

In order to prevent trade patterns from being disrupted,
importing vegetable propagating and
Member States
planting material, other than seed, from third countries
should be allowed to continue to apply to such products

conditions equivalent
to those applicable to similar
Community products in accordance with Article 16(2)
of Directive 92/33/EEC.

The period of application of the derogation provided for
in Article 16(2)
subparagraph of Directive
92/33/EEC, which was extended until 31 December
2004 by Commission Decision 2002/111/EC (2) should
accordingly be further extended.

the first

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

opinion

the

of

(4)

(5)

HAS ADOPTED THIS DECISION:

Article 1

first

In the
92/33/EEC,
‘31 December 2007’.

subparagraph of Article 16(2) of Directive
replaced by

the date ‘31 December 2004’

is

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 25 January 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 157, 10.6.1992, p. 1. Directive as

last amended by

Commission Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(2) OJ L 41, 13.2.2002, p. 43.