No L 180/56 Official Journal of the European Communities 27..6. 89 COMMISSION DECISION of 16 June 1989 authorizing certain Member States provisionally to provide for derogations from certain provisions of Council Directive 77/93/EEC, in respect of plants of Pinus L. originating in Japan (89/380/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, ‘ Having regar to Council Directive 77/93/EEC- of 21 December 1976 on protective measures against the introduction into the Member States of organims harmful to plants or plant products (), as last amended by Directive 89/359/EEC (3, and in -particular Article 14 (3) thereof, Having regard to the requests made by the Member States concened, . Whereas, under the provisions. of Directive 77/93/EEC, plants of Pinus L., other than fruit and seeds, originating in- non-European countries, may in principle not be introduced into the Community ; Whereas, however, Article 14 (3) of the abovementioned Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms ; Whereas certain Member States requested to be authorized to permit the importation of Pinus plants of the bonzai-type, originating in Japan; Wheras, by Decision 83/355/EEC (%), as last amended by Decision 88/165/EEC (*),- the Commission authorized the Member States concerned to provide for such derogations, under certain technical conditions ; whereas ‘that authori- zation expired on 31 December 1988 ; Whereas it was necessary to check the-inspection and surveillance measures taken by the Japanese authorities in order to_prevent the spread of harmful organisms; Whereas those. checks were recently carried out; Whereas the. Commission has established that on the basis of available information and the results of the aforementioned checks there is no: risk of spreading harmful organisms, provided that certain- improved technical conditions are satisfied ; Whereas the Member States concerned should therefore be authorized to provide for derogations in respect of () OJ No L 26, 31. 1. 1977, p. 20. () O] No L 153, 6. 6. 1989, p. 28. () OJ No L 199, 22. 7. 1983, p. 27. () OJ No L 72, 18. 3. 1988, p. 59. “certain - Pinus plants under those improved technical conditions ; whereas this authorization should be granted for an appropriate period, subject to its revision in -the light of further experience to be. gained; Whereas, however, it has been confirmed that Japanese bonzais are exported from October to March. ; whereas it is not therefore possible to.~apply . those improved technical -conditions during the current export period ; whereas therefore. the Member States should be authorized to provide for derogations in respect of plants of Pinus L. originating in Japan for a further limited period -under the provisions of Decision 83/355/EEC; Whereas 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 1. Belgium, Denmark, Germany, Greece, Spain, France, Italy; Luxembourg, the Netherlands, Portugal and the United Kingdom are hereby authorized from 1 April 1989 to provide under the conditions laid down in paragraph 2 for derogations from Article 4 (1) of Directive 77/93/EEC, with regard to Annex III (A) (1), for.plants -of Pinus L., other than fruit and seeds, originating in Japan. 2. The following conditions shall be satisfied : (a) The plants shall be either entirely of the species Pinus parviflora Sieb: & Zucc. (Pinus pentaphylla Mayr.), or grafted on a rootstock of a Pinus species other than Pinus parviflora. In the latter case, the rootstock shall not bear any shoots. The total number of plants shall not exceed quantities which have been determined by the importing State, having" regard to available quarantine facilities. (b) The plants shall have been grown and trained for at- least two subsequent years- in- officially registered bonzai nurseries. The annual lists -of the registered " bonzai nurseries shall. be. made available to the Commission, at the latest by 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.