2007/527/EC: Commission Decision of 25 July 2007 authorising Bulgaria and Romania to derogate from Council Directive 1999/105/EC on the marketing of forest reproductive material with regard to the stocks accumulated from 1 January 2003 to 31 December 2006 (notified under document number C(2007) 3541)
Date: 2007-07-25
Institutions: European Commission
Subjects: Bulgaria, Romania, derogation from EU law, forest, marketing, plant health legislation, plant propagation

26.7.2007

EN

Official Journal of the European Union

L 194/9

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 25 July 2007

authorising Bulgaria and Romania to derogate from Council Directive 1999/105/EC on the
marketing of forest reproductive material with regard to the stocks accumulated from 1 January
2003 to 31 December 2006

(notified under document number C(2007) 3541)

(2007/527/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

Whereas:

(1)

(2)

if

to Article 42 of

Pursuant
the Act of Accession of
Bulgaria and Romania, the Commission may adopt tran-
sitional measures
these transitional measures are
necessary to facilitate the transition 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
provides
reproductive material may be
forest
that
marketed only if the requirements of Article 6(1) and
(3) of that Directive are met.

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

(3)

(4)

(5)

(6)

(7)

Directive 1999/105/EC allows to market until exhaustion
stocks of forest reproductive material accumulated before
1 January 2003.

Bulgaria and Romania have informed the Commission
and the other Member States of the existence of stocks
of forest reproductive material produced in their terri-
tories from 1 January 2003 to 31 December 2006.
Marketing of such material would not be permitted
unless a derogation from the provisions of Directive
1999/105/EC is granted.

In order to enable those countries to market stocks of
reproductive material produced from 1 January 2003 to
31 December 2006, they should be allowed to market in
their territories until 31 December 2009 reproductive
material which was produced during the above period
in accordance with their national provisions as applicable
at the time of production.

Labels or accompanying documents should indicate that
such material may only be marketed in the Member State
where it was produced.

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

L 194/10

EN

Official Journal of the European Union

26.7.2007

HAS ADOPTED THIS DECISION:

The label or document, official or otherwise, which is affixed to
or accompanies such forest reproductive material, shall clearly
indicate that it is intended to be marketed exclusively in the
territory of that Member State.

Article 1

By way of derogation from Article 6(1) and (3) of Directive
1999/105/EC, Bulgaria and Romania are authorised to market
until 31 December 2009 forest reproductive material produced
in their territories from 1 January 2003 to 31 December 2006
which was not produced in accordance with the provisions of
that Directive provided that
it complies with their national
provisions as applicable at the time of production.

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 25 July 2007.

Such forest reproductive material shall only be marketed in the
territory of the Member State of production.

For the Commission

Markos KYPRIANOU
Member of the Commission