COMMISSION DECISION of 14 November 1994 authorizing Member States to permit temporarily the marketing of forest reproductive material not satisfying the requirements of Council Directives 66/404/EEC and 71/161/EEC (94/751/EC)
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
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 material (1), as last amended by Directive 90/654/EEC (2) and in particular Article 15 thereof,
Having regard to Council Directive 71/161/EEC of 30 March 1971 on external quality standards for forest reproductive material marketed within the Community (3), as last amended by Directive 90/654/EEC, and in particular Article 15 thereof,
Having regard to the requests submitted by certain Member States,
Whereas production of reproductive material of the species set out in the Annexes is at present insufficient in all Member States, as well as in Austria, for which the Council has stated the equivalence of the reproductive material there harvested, with  the result that their requirements for reproductive material conforming to the provisions of Directives 66/404/EEC and 71/161/EEC cannot be met;
Whereas third countries are not in a position to supply sufficient reproductive material of the relevant species which can afford the same guarantees as Community reproductive material and which conforms to the provisions of the abovementioned  Directives;
Whereas the Member States should therefore be authorized to permit, for a limited period, the marketing of reproductive material of the relevant species which satisfies less stringent requirements to cover the shortage of reproductive material  satisfying the requirements of Directive 66/404/EEC or 71/161/EEC;
Whereas, for genetic reasons, the reproductive material must be collected 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;
Whereas, furthermore, reproductive material should be marketed only if it is accompanied by a document bearing certain details of the reproductive material in question;
Whereas each of the Member States should furthermore be authorized to permit the marketing in its territory of seed and plants which satisfy less stringent requirements in respect of provenance, as laid down in Directive 66/404/EEC or seed which  satisfies less stringent requirements in respect of specific purity as laid down in Directive 71/161/EEC, if the marketing of such material has been authorized in the other Member States under this Decision;
Whereas 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,
1. Member States are authorized to permit the marketing in their territory of seed which does not satisfy the requirements in respect of provenance in Directive 66/404/EEC on the terms set out in Annex I hereto and on condition that the proof  specified in Article 2 is furnished with regard to the place of provenance of the seed and the altitude at which it was collected.
2. Member States are authorized to permit the marketing in their territory of plants produced in the Community from the abovementioned seed.
1. The proof referred to in Article 1 (1) shall be deemed to be furnished where the reproductive material is of the category 'source-identified reproductive material' as defined in the Organization for Economic Cooperation and Development  (OECD) scheme for the control of forest reproductive material moving in international trade, or of another category defined in that scheme.
2. Where the OECD scheme referred to in paragraph 1 is not used at the place of provenance of the reproductive material, other official evidence shall be admissible.
3. Where official evidence cannot be provided, Member States may accept other non-official evidence.
Member States are authorized on the terms set out in Annex II hereto, to permit the marketing in their territory of seed which does not satisfy the requirements relating to specific purity in Annex I to Directive 71/161/EEC, provided that the  document required pursuant to Article 9 of Directive 66/404/EEC bears the wording:
'Seed not satisfying the standards in respect of specific purity'.
The Member States other than the applicant Member States are also authorized to permit, on the terms set out in Annexes I and II respectively and for the purposes intended by the applicant Member States, the marketing in their territory of  the seeds and plants authorized to be marketed under this Decision.
The authorizations provided for in Articles 1 (1) and 3 in so far as they concern the first placing of forest reproductive material on the market of the Community, shall expire on 30 November 1995. Such authorizations, in so far as they  concern subsequent placing on the market of the Community, shall expire on 31 December 1997.
With regard to the first placing on the market of forest reproductive material, as referred to in Article 5, Member States shall, by 1 January 1996, notify the Commission of the quantities of such material satisfying less stringent  requirements which have been approved for marketing in their territory under this Decision. The Commission shall inform the other Member States thereof.
This Decision is addressed to the Member States.