88/165/EEC: Commission Decision of 9 February 1988 amending Decision 83/355/EEC authorizing certain Member States provisionally to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Pinus L. originating in Japan

COMMISSION  DECISION
of 9 February 1988
amending Decision 83/355/EEC authorizing certain Member States provisionally to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Pinus L. originating in Japan
(88/165/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 87/298/EEC (2), and in particular Article 14 (3) thereof,
Having regard to the requests made by the Member States concerned,
Whereas, under the provisions of Directive 77/93/EEC, plants of Pinus L., other than fruit and seeds, originating in non-European countries, may in principle not be introduced into the Community;
Whereas, however, Article 14 (3) of the abovementioned Directive, permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms;
Whereas, in certain Member States, there is some interest in the importation of certain pine plants originating in Japan, and in particular the 'bonzai' type;
Whereas the Commission established that on the basis of the information then available there was no risk of spreading harmful organisms, provided that certain special technical conditions were satisfied;
Whereas, by Decision 83/355/EEC (3), as amended by Decision 86/132/EEC (4), the Commission authorized the Member States concerned to provide for derogations from certain provisions of Directive 77/93/EEC in respect of plants of Pinus L. originating in Japan;
Whereas that authorization was granted on a provisional basis only, for a period expiring on 31 December 1987, subject to its revision in the light of experience to be gained;
Whereas there is no new information giving cause for its revision;
Whereas, on the basis of the information available at present, there continues to be no risk of spreading harmful organisms, provided that the special technical conditions continue to be satisfied;
Whereas, however, it is necessary to check the inspection and surveillance measures taken by the Japanese authorities in order to prevent the spread of harmful organisms;
Whereas, nevertheless, on the basis of present information, the Member States concerned should be authorized to provide for derogations in respect of plants of Pinus L. originating in Japan for a further period;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,