Decision 2005/853 - 2005/853/EC: Commission Decision of 30 November 2005 authorising France to prohibit the marketing to the end user, with a view to seeding or planting in certain regions of France, of reproductive material of Pinus pinaster Ait. of Iberian Peninsula origin, which is unsuitable for use in such territories under Council Directive 1999/105/EC (notified under document number C(2005) 4534)

Please note

This page contains a limited version of this dossier in the EU Monitor.

1.

Current status

This decision has been published on December 12, 2006 and should have been implemented in national regulation on December  2, 2005 at the latest.

2.

Key information

official title

2005/853/EC: Commission Decision of 30 November 2005 authorising France to prohibit the marketing to the end user, with a view to seeding or planting in certain regions of France, of reproductive material of Pinus pinaster Ait. of Iberian Peninsula origin, which is unsuitable for use in such territories under Council Directive 1999/105/EC (notified under document number C(2005) 4534)
 
Legal instrument Decision
Number legal act Decision 2005/853
CELEX number i 32005D0853

3.

Key dates

Document 30-11-2005
Publication in Official Journal 12-12-2006; OJ L 316, 2.12.2005,OJ L 349M , 12.12.2006, p. 14–16
Effect 02-12-2005; Takes effect Date notif.
End of validity 31-12-9999
Notification 02-12-2005; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new}

4.

Legislative text

2.12.2005   

EN

Official Journal of the European Union

L 316/14

 

COMMISSION DECISION

of 30 November 2005

authorising France to prohibit the marketing to the end user, with a view to seeding or planting in certain regions of France, of reproductive material of Pinus pinaster Ait. of Iberian Peninsula origin, which is unsuitable for use in such territories under Council Directive 1999/105/EC

(notified under document number C(2005) 4534)

(Only the French text is authentic)

(2005/853/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (1), and in particular Article 17(2) thereof,

Whereas:

 

(1)

France requested to be authorised to prohibit the marketing of reproductive material of Pinus pinaster Ait. of Iberian Peninsula origin (Spain and Portugal) to the end user with a view to seeding or planting in all administrative regions of France with the exception of Provence-Alpes-Côte-d’Azur, Languedoc-Roussillon and Corsica.

 

(2)

France supported the request providing all the information listed under Article 17(2)(a) and (b) of the Directive 1999/105/EC as specified by Commission Regulation (EC) No 1602/2002 of 9 September 2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the authorisation of a Member State to prohibit the marketing of specified forest reproductive material to the end user (2).

 

(3)

France provided evidence from commercial forestry that trees of Pinus pinaster Ait. from seed originating from certain regions of the Iberian Peninsula and which were grown in French regions with the exception of the regions mentioned above, were not adapted to the low temperatures experienced in these regions. The evidence was the catastrophic effects of the heavy frosts on the survival of trees of these origins, in particular, in the years 1956, 1963 and 1985. A comparison of the climatic conditions of each individual region of provenance in the Iberian Peninsula with those in the regions of France except for Provence Alpes-Côte-d'Azur, Languedoc-Roussillon and Corsica was properly carried out. The regions of provenance were as defined according to Article 2(g) of Directive 1999/105/EC, drawn up, published and sent to the Commission and the other Member States pursuant to Article 9 of Directive 1999/105/EC.

 

(4)

France should be authorised to prohibit the marketing of that forest reproductive material to the end user.

 

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

France is authorised to prohibit the marketing of reproductive material of Pinus pinaster Ait. originating from the regions listed in the Annex, to the end user with a view to seeding or planting in all administrative regions of France with the exception of Provence-Alpes-Côte-d’Azur, Languedoc-Roussillon and Corsica.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 30 November 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

 

 

ANNEX

Regions of provenance in the Iberian Peninsula for Pinus pinaster Ait.

 

(a)

Spain:

 

Reference of the region of provenance in the official Spanish list of approved basic material published by Spain in accordance with Article 9 of Directive 1999/105/EC

Name of the region of...


More

This text has been adopted from EUR-Lex.

 

5.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

6.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

7.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.