2005/54/EC: Commission Decision of 25 January 2005 amending Council Directive 92/34/EEC to extend the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries (notified under document number C(2005) 114)
Date: 2005-01-25
Institutions: European Commission
Subjects: derogation from EU law, fruit, fruit-growing, import, originating product, plant health control, plant propagation, seedling, third country

L 22/16

EN

Official Journal of the European Union

26.1.2005

COMMISSION DECISION

of 25 January 2005

amending Council Directive 92/34/EEC to extend the derogation relating to import conditions for
fruit plant propagating material and fruit plants intended for fruit production from third countries

(notified under document number C(2005) 114)

(2005/54/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 92/34/EEC of 28 April 1992
on the marketing of fruit plant propagating material and fruit
plants, intended for fruit production (1), and in particular Article
16(2) second subparagraph thereof,

(4)

(5)

Whereas:

to continue to apply conditions equivalent
to those
applicable to similar Community products in accordance
with Article 16(2) of Directive 92/34/EEC.

The period of application of the derogation provided for
in Article 16(2),
subparagraph of Directive
92/34/EEC, which was extended until 31 December
2004 by Commission Decision 2002/112/EC (2), should
accordingly be further extended.

first

in this Decision are in
The measures provided for
accordance with
Standing
the
Committee on Propagating Material and Plants of Fruit
Genera and Species,

opinion

the

of

(1)

(2)

(3)

The Commission is required pursuant to Article 16(1) of
Directive 92/34/EEC to decide whether fruit plant propa-
gating material and fruit plants produced in a third
country and affording the same guarantees as regards
characteristics,
obligations on the
plant health, growing medium, packaging,
inspection
arrangements, marking and sealing, are equivalent in all
these respects to fruit plant propagating material and
fruit plants produced in the Community and complying
with the requirements and conditions of that Directive.

supplier,

identity,

However,
the information presently available on the
still not
applying in third countries
conditions
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,
Member States importing fruit plant propagating material
and fruit plants from third countries should be allowed

HAS ADOPTED THIS DECISION:

Article 1

first

In the
92/34/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. 10. 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. 44.