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 Chile

(notified under document number C(2003) 1184)

(2003/249/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 Community1, as last amended by Commission Directive 2003/22/EC2, 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 Chile, 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 the 2001 season, by Commission Decisions 2000/700/EC3 and 2002/316/EC4, derogations from certain provisions of Directive 2000/29/EC in respect of plants of Fragaria L., intended for planting, other than seeds, originating in Chile 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,

HAS ADOPTED THIS DECISION: