2005/915/EC: Commission Decision of  16 December 2005  authorising the Czech Republic, Estonia, Cyprus and Lithuania to derogate from Council Directive 1999/105/EC on the marketing of forest reproductive material with regard to the stocks accumulated between  1 January 2003  and  1 May 2004 (notified under document number C(2005) 5160)
Date: 2005-12-16
Institutions: European Commission
Subjects: Cyprus, Czechia, Estonia, Lithuania, derogation from EU law, forest, marketing, plant propagation

20.12.2005

EN

Official Journal of the European Union

L 333/49

COMMISSION

COMMISSION DECISION

of 16 December 2005

authorising the Czech Republic, Estonia, Cyprus and Lithuania to derogate from Council Directive
forest reproductive material with regard to the stocks
1999/105/EC on the marketing of

accumulated between 1 January 2003 and 1 May 2004

(notified under document number C(2005) 5160)

(2005/915/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Act of Accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland,
the Republic of
Slovenia and the Slovak Republic, and in particular Article 42
thereof,

Whereas:

(1)

(2)

(3)

(4)

to Article 42 of

the Act of Accession,
the
Pursuant
Commission may adopt
transitional measures if these
transitional measures are necessary to facilitate the tran-
sition from the existing regime in the new Member States
to that resulting from the application of the Community
veterinary and phytosanitary rules. Those rules include
the rules in respect of marketing of forest reproductive
material.

Council Directive 1999/105/EC of 22 December 1999
reproductive material (1)
forest
on the marketing of
reproductive material may be
forest
that
provides
marketed only if the requirements of Article 6(1) and
6(3) have been met.

Directive 1999/105/EC provides for the marketing until
exhaustion of stocks of forest reproductive material accu-
mulated before 1 January 2003.

The Czech Republic, Estonia, Cyprus and Lithuania have
informed the Commission and the other Member States
of the existence of stocks of forest reproductive material

(1) OJ L 11, 15.1.2000, p. 17.

produced in their territories between 1 January 2003 and
1 May 2004. Marketing of such material would not be
permitted unless derogation from the provisions of the
above Directive is granted.

In order to enable those countries to market stocks of
reproductive material produced between 1 January 2003
and 1 May 2004, they should be allowed to market in
their
reproductive
material which has been produced during the above
period in accordance with provisions other than those
laid down in the above-mentioned Directive.

territories until 30 April 2007,

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

(5)

(6)

HAS ADOPTED THIS DECISION:

Article 1

the Czech Republic, Estonia, Cyprus

and 6(3) of Directive
By derogation from Article 6(1)
and
1999/105/EC,
Lithuania are authorised to market in their territories until 30
April 2007, reproductive material produced between 1 January
2003 and the date of accession which has not been officially
produced in accordance with the provisions of that Directive.

During that period, such reproductive material shall only be
the respective Member States
marketed in the territory of
concerned. Any label or document, official or otherwise,
which is affixed to or accompanies the reproductive material
under the provisions of this Decision, shall clearly indicate that
the reproductive material is intended to be marketed exclusively
in the territory of the country concerned.

L 333/50

EN

Official Journal of the European Union

20.12.2005

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 16 December 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission