CELEX: 51994PC0209
Language: en
Date: 1994-05-30
Title: Proposal for a COUNCIL DECISION extending the period of application of Council Decision 78/262/EEC concerning the equivalence of forest reproductive material produced in Austria

;"•«;            )MVIISSION OF THE EUROPEAN COMVIUNITIES
                                                    C0M(94) 209 final
                                                    Brussels, 30.05.1994
                                     Proposal for a
                                   COUNCIL DECISION
                                            Austria
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                             (presented by the Commission)
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 ---pagebreak---                               EXPLANATORY NOTE
Council Directive 66/404/EEC lays down the conditions under which forest
reproductive material may be marketed within the Community.
Article 14 of the Directive enables such material produced in third
countries to be marketed in the Community provided it has been produced in
conditions equivalent to those which apply in the Community.
Council Decision 78/262/EEC determined the equivalence of forest
reproductive material produced in Austria.
This determination of equivalence expired on 31.12.1993 and given that the
factual elements on the basis of which this determination was made have not
altered, the purpose of this proposal is to determine the equivalence for a
further specified period.
Subsidiarity
a)    What are the objectives of the measure in relation to obligations
      with which the Community is charged.
      To ensure the supply of forest reproductive material meeting the
      requirements of EEC Directives and to avoid actual or potential
      barriers tô trade in an already harmonised area of legislation.
b)    Does the measure arise from an area where there is exclusive
      Community competence or where competence is shared with Member
      States?
      Exclusive Community competence.
c)    What forms of action are at the disposal of the Community?
      Regulation in an already harmonised area.
d)    Is uniform regulation necessary or would a directive imposing general
      objectives suffice, leaving execution to be carried out at Member
      State level?
      Uniform regulation is necessary.
The proposal would have little or no impact on small or medium-sized
enterprises.
There are no financial implications for the EC budget.
The Commission is requested to adopt the proposal.
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 ---pagebreak---                              COUNCIL DECISION
                                    Of
   extending the period of application of Council Decision 78/262/EEC
 concerning the equivalence of forest reproductive material produced in
                                 Austria
THE.COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 66/404/EEC of 14 June 1966 on the
marketing of forest reproductive material1, as last amended by Directive
90/654/EEC2, and in particular Article 14(1) thereof,
Having regard to the proposal from the Commission,
Whereas the Council, in its Decision 78/262/EEC3, as last renewed by
Council Decision 89/185/EEC4, determined that forest reproductive
material produced in Austria and belonging to the species, basic
materials or regions of provenance and categories specified in the
Annex to the abovementioned Decision affords the same assurances as
regards the genetic characters of its basic material and the measures
taken for its source-identification as does reproductive material
produced within the Community and complying with the provisions of
Directive 66/404/EEC, provided that the special conditions set out in
that Annex are satisfied; whereas that Decision applies only until
31 December 1993;
Whereas the factual elements on the basis of which this determination
of equivalence was made have not altered;
Whereas equivalence may therefore in principle be determined for a
further given period for the specific forest reproductive material
referred to in Decision 78/262/EEC, subject to the provisions laid down
in the Decision,
   OJ No 125, 11.07.1966, p. 2326/66.
   OJ No L 353, 17.12.1990, p. 48.
   OJ No L 72, 14.03.1978, p. 5.
   OJ No L 66, 10.03.1989, p. 35.
 ---pagebreak--- HAS ADOPTED THIS DECISION:
                               Article 1
The date referred to in Article 1 of Council Decision 89/185/EEC is
hereby replaced by 31st December 1994.
                               Article 2
This Decision is addressed to the Member States.
Done in Brussels,                                      For the Council,
Done at Brussels,                                For the Commission,
 ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(94) 209 final
                                                     DOCUMENTS
EN                                                                    06 11 03
                                Catalogue number : CB-CO-94-224-EN-C
                                                             ISBN 92-77-69286-3
Office for Official Publications of the European Communities
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