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Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material

EN Official Journal of the European Communities15. 1. 2000 L 11/17

COUNCIL DIRECTIVE 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the Proposal from the Commission (1),

Having regard to the Opinion of the European Parliament (2),

Having regard to the Opinion of the Economic and Social Committee (3 ),

Whereas:

(1) Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive material (4) and Council Directive 71/161/EEC of 30 March 1971 on external quality standards for forest reproductive material marketed within the Community (5) have been substantially amended several times; since further substantial amendments are to be made, the Directives should be combined and recast in the interests of clarity;

(2) Forests cover a large area of the Community and fulfil a multifunctional role based on their social, economic, environmental, ecological and cultural functions; there is a need for specific approaches and actions for the different types of forests, recognising the wide range of natural, social, economic and cultural conditions of the forests in the Community; both the restocking of these forests and new afforestation require a sustainable forest management in relation to the Forestry Strategy for the European Union as set out in the Council Resolution of 15 December 1998 (6);

(3) Forest reproductive material of tree species and artificial hybrids which are important for forestry purposes should be genetically suited to the various site conditions and of high quality; the conservation and enhancement of biodiversity of the forests including the genetic diversity of the trees is essential to sustainable forest management;

(4) So far as they relate to plant health, harmonised conditions must be consistent with Council Directive 77/ 93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products and against their spread in the Community (7);

(5) Research on forestry has shown that, if forests are to be of increased value including the aspects of stability, adaptation, resistance, productivity and diversity, it is necessary to use reproductive material which is genetically and phenotypically suited to the site and of high quality; forestry seeds should meet, where appropriate, certain external quality standards;

(6) In the context of the consolidation of the internal market, it is necessary to remove any actual or potential barriers to trade which may hinder the free movement of forest reproductive material within the Community; it is in the interests of all the Member States that Community rules imposing the highest possible standards should be established;

(7) Community rules should refer to the phenotypic and genetic characteristics of seeds and plants and to the external quality of forest reproductive material;

(8) Such rules should apply to marketing both in other Member States and on domestic markets;

(9) Such rules should take account of practical needs and should apply only to those species and artificial hybrids which are important for forestry purposes in all or part of the Community;

(10) In some Member States the use of forest reproductive material of the category `source-identified', which was not approved for marketing by Directive 66/404/EEC, is traditional, compatible with the climate and indispensable for forestry purposes and it is therefore appropriate to approve for marketing such material in Member States wishing to do so; however it is inappropriate to impose the marketing to the end-user of such material in all Member States;

(11) Certain regions of the Community, such as the Alpine,

Mediterranean or Nordic regions, have specific climatic ...

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