13. 4. 89 Official Journal of the European Communities No L 101/33 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 28 March 1989 authorizing. certain Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of isolated bark of conifers originating in California (USA) (Only the Danish, German, French and Dutch texts are authentic) (89/247/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the BEuropean Economic Community, Having regard to 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 ('), as last amended by Directive 89/83/EEC (¥, and in particular Article 14 (3) thereof, Having regard to the requests made by the Member States concerned, Whereas under the provisions of Directive 77/93/EEC, isolated bark of conifers originating in non-European countries may in principle not be introduced into the Community because of the risk of introducing harmful organisms ; 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 it has appeared that coniferous bark originating in California of the quality available.there is particularly appropriate-as a growing medium or part of a growing. t_nediﬁm for orchid plants, thus reducing the number of () OJ No L 26, 31. 1. 1977, p. 20. () OJ No L 32, 3. 2. 1989, p. 29. transplanting or repotting operations necessary in the process of orchid growing; Whereas the Commission has established on- the basis of the information available at present that the risk of spreading harmful organisms, in particular Scolytidae and Bursaphelencus xylophilus through the introduction of coniferous bark originating in California - for the aforementioned- purpose is-obviated provided that certain technical conditions are satisfied ; whereas this. Decision might be revised in the light of the effectiveness of certain fumigation schedules on the control of Bursaphe- lencus xylophilus; ‘Whereas the Member States concerned should therefore be authorized to provide for derogations in respect of: coniferous bark originating in California under those technical conditions ; ‘ 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, the Federal Republic- of Germany, France, Luxembourg and the Netherlands are hereby - authorized to provide, under the conditions laid down in paragraph 2, for derogations from Article 4 (1) of Directive 77/93/EEC, with regard to the prohibition referred to in Part A (5) of Annex III thereto, for coniferous bark, originating in California (USA) provided that it is intended as a growing medium for orchid plants.