21. 8. 93 Official Journal of the European Communities No L 210/29 COMMISSION DECISION of 15 July 1993 " authorizing the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Chamaecyparis Spach, Juniperus L. and Pinus L., respectively, originating in Japan (93/452/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ('), as last amended by Directive 93/19/EEC (3, and in particular Article 14 (3) thereof, Having regard to the requests made by Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxem- bourg, the Netherlands, Portugal and the United Kingdom, Whereas, under the provisions of Directive 77/93/EEC, plants of Chamaecyparis Spach, JuniprusL.and PinusL., other than fruit and seeds, originating in non-European countries, may in principle not be introduced into the Community ; Whereas, however, the abovementioned Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms ; Whereas the provisions laid down in the Annexes to Directive 77/93/EEC have been subjected to a .review taking into account a pest risk assessment to adapt the relevant provisions to the Single Market concept; Whereas that pest risk assessment has been the basis for an amendment and revision of the relevant provisions of the said Directive ; ’ Whereas the Commission has established that on the basis of available information there is no risk of spreading harmful organisms, provided that certain improved tech- nical conditions are satisfied ; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health, () OJ No L 26, 31. 1. 1977, p. 20. () OJ No L 96, 22. 4. 1993, p. 33. HAS ADOPTED THIS DECISION : Article 1 1. The Member States are hereby authorized to provide under the conditions laid down in paragraph 2 for deroga- tions from Article 4 (1) of Directive 77/93/EEC, with regard to Annex III (A) (1) for plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruit and seeds, originating in Japan. 2. The following conditions shall be satisfied : (a) the plants shall be of the bonsai-type of the genus Chamaecyparis Spach, genus Juniperus or in the case of the genus Pinus L. either entirely of the species Pinus  parviflora  Sieb &  Zucc.  (Pinus pentaphbylla Mayr), or grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb & Zucc. In the latter case, the rootstock shall not bear any shoots ; (b) the total number of plants shall not exceed quantities which have been determined by the importing Member State, having regard to available quarantine facilities ; (c) the plants shall have been grown and trained for at least two consecutive years in officially registered bonsai nurseries. The annual lists of the registered bonsai nurseries shall be made available to the Commission, at the latest by 30 November of each year. These lists shall include the number of plants grown in each of these nurseries, as far as they are deemed suitable for dispatch to the Community in the following year, under the conditions laid down in this Decision ; (d) for Juniperus plants, the plants of the genera Crataegus L., Cydonia Mill, Juniperus L., Malus Mill, Photinia Ldl. and Pyrus L., which have been grown in the two last years prior to dispatch in the abovementioned bonsai nurseries and their imme- diate vicinity shall have been officially inspected at least six times per year and at appropriate times, for presence of harmful organisms of concern; for Chamaecyparis and Pinus plants, the plants of the genus Chamaecyparis Spach and of the genus Pinus L. which have been grown in the abovementioned bonsai nurseries and their immediate vicinity shall have been officially inspected at least six times per year and at appropriate times, for presence of harmful organisms of concern.