Commission Decision

of 29 November 2004

authorising a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of the importation of soil originating in Australia

(notified under document number C(2004) 4449)

(2004/827/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 Australia,

Whereas:

(1) Under Directive 2000/29/EC, soil originating in certain third countries may not in principle be introduced into the Community.

(2) Australia has asked to be allowed to export a small quantity of soil originating in Australia to the Community to be deposited for ceremonial purposes on the grave of an Australian citizen buried in Belgium.

(3) The soil in question will be suitably treated before leaving Australia and accompanied by an official certificate to this effect issued by the Australian authorities.

(4) The Commission considers that there is no risk of spreading organisms harmful to plants or plant products if the soil is treated as proposed by Australia.

(5) Member States should therefore for a limited period be authorised to provide for a derogation to allow the import of small quantities of soil subject to specific conditions for treatment.

(6) 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

Member States are hereby authorised to provide for a derogation from Article 4(1) of Directive 2000/29/EC, with regard to the prohibitions referred to in point 14 of Part A of Annex III to that Directive for soil originating in Australia.

In order to qualify for the derogation, the soil shall be subject to the specific conditions provided for in the Annex, be introduced into the Community between 20 November 2004 and 31 January 2005 and be destined for ceremonial use.

The authorisation is without prejudice to any further authorisation or procedures which may be required under other legislation.

Article 2

Member States which grant derogations pursuant to this Decision shall submit a report thereon to the Commission before 1 March 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 29 November 2004.

For the Commission

Markos Kyprianou

Member of the Commission

--------------------------------------------------

[1] OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/102/EC (OJ L 309, 6.10.2004, p. 9).

--------------------------------------------------

+++++ ANNEX 1 +++++