Commission Decision
of 8 November 2002
authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in Japan
(notified under document number C(2002) 4348)
(2002/887/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 2002/36/EC(2), and in particular Article 15(1) thereof,
Having regard to the request made by the United Kingdom,
Whereas:
(1) Under Directive 2000/29/EC, plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, originating in non-European countries, must not in principle be introduced into the Community. However, Directive 2000/29/EC permits derogations from this rule, provided that it is established that there is no risk of introduction of harmful organisms.
(2) Since 1993, derogations from certain provisions of Directive 2000/29/EC, in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L. originating in Japan have been authorised by Commission Decision 93/452/EEC(3) for limited periods and subject to specific conditions. This was as a result of an exchange of information between the Commission and Japan, which permitted the Commission to establish that there was no risk of introducing harmful organisms with the import of those plants provided that the specified conditions were satisfied.
(3) Since the circumstances justifying the authorisation still apply and there is no new information giving cause for revision of the specific conditions, the authorisation should be extended.
(4) Derogations should therefore be authorised for a limited period subject to specific conditions.
(5) Decision 93/452/EEC should accordingly be repealed.
(6) The authorisation pursuant to this Decision should be terminated if it is established that the specific conditions are not sufficient to prevent the introduction of harmful organisms 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,
The Member States are hereby authorised to provide for derogations from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in Part A, point 1 of Annex III to that Directive for plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, originating in Japan.
In order to qualify for those derogations the plants shall satisfy, in addition to or by derogation of the requirements laid down in Annex I, Annex II and in Part A, Section I, point 43 of Annex IV to Directive 2000/29/EC, the conditions set out in the Annex to this Decision.
Member States shall provide the Commission and the other Member States, before 1 August 2003 and 1 August 2004, with information on quantities imported prior to that date pursuant to this Decision and with a detailed technical report of the examination and/or tests carried out on these plants during the quarantine period referred to in point 10 of the Annex.
Any Member State, other than that of importation, in which the plants are introduced, shall also provide the Commission and the other Member States, before 1 August 2003 and 1 August 2004, with a detailed technical report of the examination and/or tests carried out on these plants introduced prior to that date during the quarantine period referred to in point 10 of the Annex.
Member States shall notify the Commission and the other Member States of all cases of consignments introduced into their territory pursuant to this Decision which were subsequently found not to comply with the conditions laid down herein.
Member States may apply the derogations mentioned in Article 1 to plants imported into the Community in the following periods:
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Decision 93/452/EEC is repealed with effect from 1 January 2003.
This decision shall apply from 15 November 2002.
This Decision is addressed to the Member States.