31980L0052

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( 1 ) OJ NO C 303 , 4 . 12 . 1979 , P . 6 .

( 2 ) OJ NO C 4 , 7 . 1 . 1980 , P . 76 .

( 3 ) OJ NO 125 , 11 . 7 . 1966 , P . 2320/66 .

( 4 ) OJ NO L 293 , 20 . 11 . 1979 , P . 16 .

( 5 ) OJ NO L 26 , 31 . 1 . 1977 , P . 20 .

COUNCIL DIRECTIVE

OF 20 DECEMBER 1979

AMENDING DIRECTIVE 66/403/EEC ON THE MARKETING OF SEED POTATOES

( 80/52/EEC )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

WHEREAS IT RESULTS FROM ARTICLE 15 OF COUNCIL DIRECTIVE 66/403/EEC OF 14 JUNE 1966 ON THE MARKETING OF SEED POTATOES ( 3 ), AS LAST AMENDED BY DIRECTIVE 79/967/EEC ( 4 ), THAT , AFTER 1 JULY 1975 , MEMBER STATES MAY NO LONGER , IN PRINCIPLE , ESTABLISH UNDER THEIR OWN RESPONSIBILITY , THE EQUIVALENCE OF INSPECTIONS AND CHECKS CARRIED OUT IN THIRD COUNTRIES ;

WHEREAS , HOWEVER , MEMBER STATES HAVE BEEN AUTHORIZED TO EXTEND THE VALIDITY OF DECISIONS ON EQUIVALENCE ALREADY TAKEN BY THEM , SINCE THE DISCUSSIONS INTENDED TO ENABLE SUCH EQUIVALENCE TO BE ESTABLISHED AT COMMUNITY LEVEL HAVE NOT YET BEEN COMPLETED ; WHEREAS , IN PRACTICE , SUCH EXTENSION HAS BEEN APPLIED IN THE CASE OF CANADA ONLY ;

WHEREAS RECOURSE TO SUCH EXTENSION IS SUBJECT TO THE COMMUNITY RULES ON PLANT HEALTH ;

WHEREAS , BY VIRTUE OF THE AFOREMENTIONED RULES , SEED POTATOES ORIGINATING IN CANADA MAY AT PRESENT BE INTRODUCED INTO THE COMMUNITY ONLY BY WAY OF DEROGATION , SUBJECT TO STRINGENT CONDITIONS AND FOR A LIMITED PERIOD ;

WHEREAS , THEREFORE , IT WOULD BE POINTLESS TO ESTABLISH COMMUNITY EQUIVALENCE WITH REGARD TO CANADA ;

WHEREAS , HOWEVER , THE PERIOD OF VALIDITY OF DECISIONS ON EQUIVALENCE ALREADY TAKEN BY MEMBER STATES SHOULD BE EXTENDED , THEREBY ENABLING RECOURSE TO BE HAD TO THE ABOVEMENTIONED LIMITED PERIOD ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

WITHOUT PREJUDICE TO THE PROVISIONS OF COUNCIL DIRECTIVE 77/93/EEC OF 21 DECEMBER 1976 ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF HARMFUL ORGANISMS OF PLANT OR PLANT PRODUCTS ( 5 ), THE DATE ' 30 JUNE 1979 ' IN ARTICLE 15 ( 2 ) ( A ) OF DIRECTIVE 66/403/EEC SHALL BE REPLACED BY ' 31 MARCH 1980 ' .

ARTICLE 2

MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITH EFFECT FROM 1 JULY 1979 . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 20 DECEMBER 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . TUNNEY