23.12.2008 EN Official Journal of the European Union L 345/83
COUNCIL DECISION
of 16 December 2008
on the equivalence of forest reproductive material produced in third countries
(2008/971/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
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 19(1) and (2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The national rules for the certification of forest reproductive material in Canada, Croatia, Norway, Serbia, Switzerland, Turkey and the United States of America provide for an official field inspection to be carried out during the collection and processing of seed and the production of planting stock.
(2) According to those rules, the systems for the approval and registration of basic material and the subsequent production of reproductive material from this basic material should follow the OECD Scheme for the certification of forest reproductive material moving in international trade (OECD Forest seed and plant scheme). In addition, those rules require seed and planting stock of the ‘source identified’ and ‘selected’ categories to be officially certified and the seed packages officially closed in accordance with the OECD Forest seed and plant scheme.
(3) An examination of those rules has shown that the conditions for approval of basic material satisfy the requirements laid down in Directive 1999/105/EC. Furthermore, to the exception of conditions regarding seed quality, species purity and planting stock quality, the rules of these third countries afford the same assurances as regards the conditions applicable to seed and planting stock of the ‘source identified’ and ‘selected’ categories as those set out in Directive 1999/105/EC. It follows that the rules for certification of forestry material of the ‘source identified’ and ‘selected’ categories in Canada, Croatia, Norway, Serbia, Switzerland, Turkey and the United States of America should be considered as equivalent to those set out in Directive 1999/105/EC, provided that the additional conditions as regards seed and planting stocks, are satisfied.
(4) The rules of these aforementioned third countries cannot, however, be considered as equivalent for the ‘qualified’ and ‘tested’ categories to which the OECD Forest seed and plant scheme does not apply. It is therefore appropriate to limit the scope of this Decision to reproductive material falling into the ‘source identified’ and ‘selected’ categories.
(5) The definitions set out in Directive 1999/105/EC should be used for the purposes of this Decision in view of ensuring consistency between the two acts.
(6) Forest reproductive material complying with the conditions of this Decision should satisfy the plant health conditions laid down Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (2). Where applicable, genetically modified forest reproductive material should comply with the requirements of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (3).
(7) It is appropriate for the additional conditions for seed and planting stocks in respect of quality and species purity as set out by this Decision to mirror the ones provided by Directive 1999/105/EC.
(8) In order to guarantee the same level of traceability as that foreseen in Directive 1999/105/EC, it is appropriate to include in this Decision rules concerning the issuing of a Master Certificate for seed and planting stock upon entry to the Community. This Master Certificate should be based on the official OECD Certificate of Provenance and should indicate that the material is imported under an equivalence regime,
Scope
This Decision determines the conditions under which forest reproductive material of the ‘source identified’ and ‘selected’ categories produced in a third country listed in Annex I shall be imported into the Community.
It applies, provided that the conditions set out in Annex II and in Directives 2000/29/EC and 2001/18/EC are satisfied.
Definitions
Definitions set out in Article 2 of Directive 1999/105/EC shall apply to this Decision.
Equivalence
1.   Systems for approval and registration of basic material and subsequent production of reproductive material from this basic material, under control of third country authorities set out in Annex I to this Decision, or under official supervision of these authorities, applied in the third countries listed in that Annex, shall be considered equivalent to those carried out by the Member States in accordance with Directive 1999/105/EC.
2.   Seed and planting stock of the ‘source identified’ and ‘selected’ categories of species listed in Annex I to Directive 1999/105/EC, produced in the third countries listed in Annex I to this Decision and officially certified by the third country authorities listed in that Annex, shall be considered equivalent to seed and planting stock complying with Directive 1999/105/EC, provided that the conditions laid down in Annex II to this Decision are satisfied.
Master Certificate
When seed and planting stock enter into the Community, the supplier importing this material shall inform the official body of that Member State in advance of the import. The official body shall issue a Master Certificate based on the official OECD Certificate of Provenance before the material is placed on the market.
The Master Certificate shall indicate that the material has been imported under an equivalence regime.
Entry into force and application
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
Addressees
This Decision is addressed to the Member States.