91/107/EEC: Commission Decision of 13 February 1991 authorizing certain Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of sawn wood of conifers originating in the United States of America (Only the Spanish, German, Greek, English, French, Italian, Dutch and Portuguese texts are authentic)

COMMISSION DECISION  of 13 February 1991  authorizing certain Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of sawn wood of conifers originating in the United States of America  (Only  the Spanish, German, Greek, English, French, Italian, Dutch and Portuguese texts are authentic)  (91/107/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Directive 91/27/EEC (2), and in particular  the second and third indents of Article 14 (3) thereof,
Having regard to the requests made by Belgium, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Portugal and the United Kingdom,
Whereas under the provisions of Directive 77/93/EEC, because of the risk of introducing harmful organisms, wood of Coniferae which meets the descriptions in CN code ex 4407 10, originating in Canada, China, Japan, Korea and the United States of America,  may not be introduced into the Community, unless it is properly kiln-dried and identified as such;
Whereas, however, the second indent of Article 14 (3) of Directive 77/93/EEC permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms;
Whereas, moreover, the third indent of Article 14 (3) of Directive 77/93/EEC permits derogations from the rule requiring a phytosanitary certificate if equivalent safeguards are given and provided that it is established that there is no risk of  spreading harmful organisms;
Whereas wood of conifers originating in the United States of America is currently introduced into the Community; whereas in the case of sawn wood, phytosanitary certificates are not generally issued in that country; whereas it appears that kiln-drying  capacity is at present limited in the United States of America;
Whereas, in respect of the United States of America, the Commission has established, on the basis of the information supplied by the United States of America and collected in that country during a mission carried out in 1990, that an officially approved  and monitored programme of issuing 'certificates of debarking and grub hole control' has been set up to ensure proper debarking and to reduce the risk from harmful organisms; whereas the risk of spreading harmful organisms is reduced provided that the  wood is accompanied by a Certificate of Debarking and Grub Hole Control issued under that programme;
Whereas the Commission will ensure that the United States of America makes available all technical information necessary to assess the functioning of the Debarking and Grub Hole Control Certificate programme;
Whereas the Member States should therefore be authorized to provide for derogations under the second and third indents of Article 14 (3) of Directive 77/93/EEC in respect of sawn wood of conifers originating in the United States of America for a limited  period;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,