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( 1 ) OJ NO L 55 , 2 . 3 . 1968 , P . 1 .

( 2 ) OJ NO L 71 , 21 . 3 . 1968 , P . 1 .

( 3 ) OJ NO L 48 , 19 . 2 . 1977 , P . 2 .

( 4 ) OJ NO L 67 , 24 . 3 . 1970 , P . 10 .

( 5 ) OJ NO L 339 , 8 . 12 . 1976 , P . 17 .

COMMISSION REGULATION ( EEC ) NO 2737/77

OF 9 DECEMBER 1977

AMENDING REGULATION ( EEC ) NO 537/70 AUTHORIZING MEMBER STATES TO TAKE MEASURES DEROGATING FROM CERTAIN REQUIREMENTS OF THE QUALITY STANDARDS APPLICABLE TO EXPORTS TO THIRD COUNTRIES OF FLOWERING BULBS , CORMS AND TUBERS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 234/68 OF 27 FEBRUARY 1968 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN LIVE TREES AND OTHER PLANTS , BULBS , ROOTS AND THE LIKE , CUT FLOWERS AND ORNAMENTAL FOLIAGE ( 1 ),

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 315/68 OF 12 MARCH 1968 FIXING QUALITY STANDARDS FOR FLOWERING BULBS , CORMS AND TUBERS ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 338/77 ( 3 ), AND IN PARTICULAR ARTICLE 2 ( 2 ) THEREOF ,

WHEREAS UNDER ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 315/68 MEMBER STATES MAY BE AUTHORIZED TO TAKE MEASURES DEROGATING FROM CERTAIN REQUIREMENTS OF THE QUALITY STANDARDS IN ORDER TO ALLOW EXPORTERS TO MEET THE TRADE REQUIREMENTS OF CERTAIN NON-MEMBER COUNTRIES ;

WHEREAS THE PLANT HEALTH MEASURES IN FORCE IN JAPAN REQUIRE THAT IMPORTED HYACINTHUS ORIENTALIS BULBS BE GROWN FOR AT LEAST ONE YEAR BEFORE BEING ALLOWED ON THE MARKET ; WHEREAS DURING THAT YEAR THE SIZE OF THE HYACINTHUS ORIENTALIS BULBS INCREASES BY AT LEAST TWO CENTIMETRES ;

WHEREAS THIS SITUATION SHOULD BE TAKEN INTO ACCOUNT AND THE MINIMUM SIZE OF THE BULBS IN QUESTION EXPORTED TO JAPAN SHOULD BE ADJUSTED ;

WHEREAS , THEREFORE , THE PROVISIONS OF COMMISSION REGULATION ( EEC ) NO 537/70 OF 23 MARCH 1970 AUTHORIZING MEMBER STATES TO TAKE MEASURES DEROGATING FROM CERTAIN REQUIREMENTS OF THE QUALITY STANDARDS APPLICABLE TO EXPORTS TO THIRD COUNTRIES OF FLOWERING BULBS , CORMS AND TUBERS ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2971/76 ( 5 ), SHOULD BE SUPPLEMENTED ;

WHEREAS THE PERIOD OF APPLICATION OF THIS REGULATION SHVULD BE LIMITED TO A PERIOD WHICH WILL PERMIT AN ASSESSMENT OF ITS EFFICACY ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR LIVE PLANTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 537/70 IS AMENDED AS FOLLOWS :

1 . THE NAME ' HYACINTHUS ORIENTALIS ' IS ADDED TO ARTICLE 1 ( 1 ).

2 . THE TEXT APPEARING IN THE ANNEX TO THIS REGULATION IS ADDED TO THE ANNEX THERETO .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY UNTIL 31 DECEMBER 1981 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 9 DECEMBER 1977 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

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ANNEX

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DESCRIPTION OF PRODUCTS // TYPE OF PACK // THIRD COUNTRY OF DESTINATION // MINIMUM SIZE // SIZE GRADING //

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HYACINTHUS ORIENTALIS // ANY PACKING // JAPAN // 12 CM // 12-14 //