2005/775/EC: Commission Decision of 4 November 2005 amending Decision 2002/499/EC authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document number C(2005) 4235)
Date: 2005-11-04
Institutions: European Commission
Subjects: South Korea, conifer, crop production, derogation from EU law, import restriction, originating product, plant health control, plant health legislation, plant health treatment

8.11.2005

EN

Official Journal of the European Union

L 292/11

COMMISSION

COMMISSION DECISION

of 4 November 2005

amending Decision 2002/499/EC authorising derogations from certain provisions of Council
Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis
Spach, Juniperus L. and Pinus L., originating in the Republic of Korea
(notified under document number C(2005) 4235)

(2005/775/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

(4)

(5)

(6)

situation

The
unchanged
continue to apply.

and

justifying
the

that
derogation

derogation
should

remains
therefore

Decision 2002/499/EC should,
accordingly.

therefore, be amended

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

Whereas:

(1)

(2)

Under Directive 2000/29/EC, plants of Chamaecyparis
Juniperus L. and Pinus L., other than fruits and
Spach,
seeds, originating in non-European countries, must not
in principle be
introduced into the Community.
However, Directive 2000/29/EC permits derogations
from this rule, provided that it is established that there
is no risk of introduction of harmful organisms.

Commission Decision 2002/499/EC (2), provides for a
derogation for the importation of plants of Chamaecyparis
Juniperus L. and Pinus L., other than fruits and
Spach,
seeds, originating in the Republic of Korea, subject to
specific conditions.

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/499/EC is amended as follows:

1. Article 2 is replaced by the following text:

‘Article 2

Member States shall provide the Commission and the other
Member States, before 1 August of each year from 2005 to
2008, with the information on quantities imported during
the year prior to that date pursuant to this Decision and
with a detailed technical report of the examination and/or
tests carried out on these plants during the quarantine period
referred to in point 10 of the Annex.

(3)

The United Kingdom has asked for an extension of that
derogation.

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

last amended by

Commission Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

(2) OJ L 168, 27.6.2002, p. 53.

Any Member State, other than that of importation, in which
the plants are introduced, shall also provide the Commission
and the other Member States, before 1 August of each year
from 2005 to 2008, with a detailed technical report of the
examination and/or
carried out on these plants
introduced during the year prior to that date during the
quarantine period referred to in point 10 of the Annex.’;

tests

L 292/12

EN

Official Journal of the European Union

8.11.2005

2. Article 4 is replaced by the following:

‘Article 4

Member States may apply the derogations mentioned in Article 1 to plants imported into the
Community in the following periods:

Plants

Period

Chamaecyparis:

1.6.2004 to 31.12.2007

Juniperus:

Pinus:

1.11.2004 to 31.3.2005, 1.11.2005 to 31.3.2006 and 1.11.2006 to 31.3.2007

1.6.2004 to 31.12.2007’

3.

in the second sentence of point 3 of the Annex, ‘2004’ is replaced by ‘each year’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 4 November 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission