2004/678/EC: Commission Decision of 29 September 2004 authorising Member States to permit temporarily the marketing of seed of the species Cedrus libani, Pinus brutia and planting stock produced from this seed not satisfying the requirements of Council Directive 1999/105/EC (notified under document number C(2004) 3138)

7.10.2004 EN Official Journal of the European Union L 310/72
COMMISSION DECISION
of 29 September 2004
authorising Member States to permit temporarily the marketing of seed of the species Cedrus libani, Pinus brutia and planting stock produced from this seed not satisfying the requirements of Council Directive 1999/105/EC
(notified under document number C(2004) 3138)
(2004/678/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (1), and in particular Article 18(1) thereof,
Whereas:
(1) In France production of seed and planting stock produced from this seed of the species Cedrus libani and Pinus brutia is at present insufficient with the result that its requirement for reproductive material conforming to the provisions of Directive 1999/105/EC cannot be met.
(2) Third countries are not in a position to supply sufficient seed and planting stock produced from this seed of the relevant species affording the same guarantees as Community reproductive material and conforming to the provisions of Directive 1999/105/EC.
(3) Accordingly, France has requested the Commission pursuant to this Directive to authorise them to accept for marketing seed and planting stock produced from this seed satisfying less stringent requirements than those laid down by the Directive.
(4) In order to cover the shortage, France should therefore be authorised to permit, for a limited period, the marketing of seed and planting stock produced from this seed of the relevant species which satisfies less stringent requirements.
(5) Seed should be collected, if possible, at places of origin within the natural range of the relevant species and the strictest possible guarantees should be given to ensure the identity of the material. Furthermore, seed and planting stock produced from this seed should be marketed only if it is accompanied by a document bearing certain details of the reproductive material in question.
(6) Other Member States should furthermore be authorised to permit, in their territory, the marketing of seed and planting stock produced from this seed as defined in Directive 1999/105/EC which satisfy less stringent requirements in respect of identification and labelling, if the marketing of such material has been authorised in the other Member States under this Decision.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,