Commission Decision
of 26 June 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 the Republic of Korea
(notified under document number C(2002) 2251)
(2002/499/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) Following a mission of the Food and Veterinary Office of the Commission and exchange of information between the Commission and the Republic of Korea, the Commission has established that on the basis of available information there is no risk of spreading harmful organisms with the import of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., provided that specific conditions are satisfied.
(3) A derogation from certain provisions of Directive 2000/29/EC should therefore be authorised for a limited period, subject to specific conditions.
(4) 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.
(5) 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 the Republic of Korea.
In order to qualify for these derogations, plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, shall satisfy, in addition to 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 2005, with the 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 2005, 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 Pinus and Chamaecyparis plants imported into the Community in the period from 1 June 2004 to 31 December 2005, and to Juniperus plants imported into the Community in the period from 1 November 2004 to 31 March 2005.
This Decision shall apply from 1 July 2002.
This Decision is addressed to the Member States.