Commission Decision of 29 June 2005 providing for a derogation from certain provisions of Council Directive 2000/29/EC in respect of plants of Vitis L., other than fruits, originating in Croatia (notified under document number C(2005) 1920) (2005/477/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⁾, and in particular Article 15(1) thereof,

Having regard to the request made by Italy and Slovenia,

Whereas:

Under Directive 2000/29/EC, plants of Vitis L., other than fruits, originating in third countries may not in principle be introduced into the Community.
Italy and Slovenia have requested a derogation to permit imports of plants of Vitis L., other than fruits, from Croatia for a limited period of time in order to enable specialised nurseries to multiply these plants in the Community before re-exporting them to Croatia.
The Commission considers that there is no risk of spreading harmful organisms to plants or plant products provided that plants of Vitis L. other than fruits originating in Croatia are subject to the specific conditions laid down in this Decision.
Member States should therefore for a limited period be authorised to permit the introduction into their territory of such plants subject to specific conditions.
That authorisation 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.
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 4(1) of Directive 2000/29/EC with regard to point 15 of Part A of Annex III to that Directive, Member States shall be authorised to permit the introduction into their territory of plants of Vitis L., other than fruits, intended for grafting in the Community and originating in Croatia (hereinafter referred to as the plants).

In order to qualify for that derogation the plants shall be subject, in addition to the requirements laid down in Annexes I and II to Directive 2000/29/EC, to the conditions provided for in the Annex to this Decision, and be introduced into the Community between 1 January 2006 and 31 March 2006.

Article 2

Member States which make use of the derogation provided for in Article 1 shall provide the Commission and the other Member States, by 1 July 2006 at the latest, with:

the information on quantities of plants imported pursuant to this Decision; and
a detailed technical report of the official inspections referred to in point 6 of the Annex.

Any Member State in which the plants are subsequently grafted after their introduction into its territory, shall also provide the Commission and the other Member States, by 1 July 2006 at the latest, with a detailed technical report of the official inspections and testing referred to in point 8(b) of the Annex.

Article 3

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.

Article 4

This Decision is addressed to the Member States.