Commission Decision
of 9 April 2003
authorising Member States to provide for temporary derogations from certain provisions of Council Directive 2000/29/EC in respect of plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Argentina
(notified under document number C(2003) 1183)
(2003/248/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1), as last amended by Commission Directive 2003/22/EC(2), and in particular Article 15(1) thereof,
Having regard to the request made by France,
Whereas:
(1) Under Directive 2000/29/EC, plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in non-European countries, other than Mediterranean countries, Australia, New Zealand, Canada and the continental states of the United States of America, may not in principle be introduced into the Community. However, that Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms.
(2) In Argentina, the multiplication of plants of Fragaria L., intended for planting, other than seeds, from plants supplied by a Member State, has become an established practice. The plants produced are afterwards exported to the Community to be planted for fruit production.
(3) Since 1993, by a succession of decisions, the most recent being Commission Decision 2001/441/EC(3), derogations from certain provisions of Directive 2000/29/EC in respect of plants of Fragaria L., intended for planting, other than seeds, originating in Argentina, have been authorised for limited periods and subject to specific conditions.
(4) The circumstances justifying those derogations are still valid and there is no new information giving cause for revision of the specific conditions.
(5) The Member States should therefore be authorised to provide for derogations, for certain limited periods and subject to specific conditions.
(6) That authorisation to provide for derogations should be terminated if it is established that the specific conditions laid down in this Decision are not sufficient to prevent the introduction of harmful organisms into the Community or have not been complied with.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Member States are authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 18 of Part A of Annex III, to that Directive for plants of strawberry (Fragaria L.), intended for planting, other than seeds, originating in Argentina (hereinafter referred to as the plants).
The authorisation to provide for derogations, as provided for in paragraph 1 (hereinafter referred to as the authorisation), shall be subject, in addition to the conditions laid down in Annexes I, II and IV to Directive 2000/29/EC, to the conditions provided for in the Annex, and shall only apply to the plants that are introduced into the Community, in the periods from:
(a) 1 June 2003 to 30 September 2003;
(b) 1 June 2004 to 30 September 2004;
(c) 1 June 2005 to 30 September 2005; and
(d) 1 June 2006 to 30 September 2006.
Member States shall provide the Commission and the other Member States, before 30 November of the year of importation, with:
(a) the information on quantities of plants imported pursuant to this Decision; and
(b) a detailed technical report of the official inspections and testing referred to in point 5 of the Annex.
Any Member State in which the plants are subsequently planted after their import, shall also provide the Commission and the other Member States, before 31 March of the year following the importation, with a detailed technical report of the official inspections and testing referred to in point 8 of the Annex.
Member States shall immediately notify the Commission and the other Member States of all consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with this Decision.
This Decision is addressed to the Member States.