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3.2.2011 Official
Journal
of
the
European
Union L
29/33
COMMISSION DECISION
of 2 February 2011
amending Decision 2003/249/EC as regards the extension of the duration of 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 C(2011) 477)
(2011/75/EU)
THE EUROPEAN COMMISSION,
(6) Decision
2003/249/EC
should
therefore
be
amended
accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(7) The
measures
provided
for
in
this
Decision
are
in
accordance with the opinion of the Standing
Having regard to Council Directive 2000/29/EC of 8 May 2000
Committee on Plant Health,
on protective measures against the introduction into the
Community of organisms harmful to plants or plant products
HAS ADOPTED THIS DECISION:
and against their spread within the Community ( 1 ), and in
particular Article 15(1) thereof,
Article 1
Whereas:
Decision 2003/249/EC is amended as follows:
(1) Under
Directive
2000/29/EC,
plants
of
strawberry 1. the second paragraph of Article 1 of Decision 2003/249/EC
(Fragaria L.), intended for planting, other than seeds, orig
is replaced by the following:
inating in non-European countries, other than Mediter
ranean countries, Australia, New Zealand, Canada and
‘The authorisation to provide for derogations, as provided for
the continental States of the United States of America,
in paragraph 1 (hereinafter referred to as “the authorisation”),
may not in principle be introduced into the Union.
shall be subject, in addition to the conditions laid down in
However, that Directive permits derogations from that
Annexes I, II and IV to Directive 2000/29/EC, to the
rule, provided that it is established that there is no risk
conditions provided for in the Annex to this Decision, and
of spreading harmful organisms.
shall only apply to the plants that are introduced into the
Union, in the period from 1 June to 30 September of each
(2) Commission Decision 2003/249/EC
(
year.’;

2 ) authorises
Member States to provide for temporary derogations
from certain provisions of Directive 2000/29/EC to
2. the following Article 3a is inserted:
permit the import of plants of strawberry (Fragaria L.),
intended for planting, other than seeds, originating in
‘Article 3a
Chile.
This Decision shall expire on 30 September 2020.’;
(3) The
circumstances
justifying
the
authorisation
provided
for in Decision 2003/249/EC are still present and there is
3. the second indent of point 1(c) of the Annex is deleted.
no new information giving cause for revision of the
specific conditions.
Article 2
This Decision is addressed to the Member States.
(4) By
Commission
Directive
2008/64/EC
( 3 ) Colletotrichum
acutatum Simmonds was removed from point (c) of
Section II of Part A of Annex II to Directive 2000/29/EC.
Therefore this organism should no longer be included in
Done at Brussels, 2 February 2011.
the Annex of Decision 2003/249/EC.
For the Commission
(5)
Based on the experience gained with the application of
Decision 2003/249/EC it is appropriate to extend the
John DALLI
period of validity of that authorisation for 10 years.
Member of the Commission
( 1 ) OJ L 169, 10.7.2000, p. 1.
( 2 ) OJ L 93, 10.4.2003, p. 32.
( 3 ) OJ L 168, 28.6.2008, p. 31.

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