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COUNCIL DIRECTIVE

OF 26 SEPTEMBER 1978

AMENDING DIRECTIVE 66/403/EEC ON THE MARKETING OF SEED POTATOES

( 78/816/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,

WHEREAS IT RESULTS FROM ARTICLE 15 OF COUNCIL DIRECTIVE 66/403/EEC OF 14 JUNE 1966 ON THE MARKETING OF SEED POTATOES ( 3 ) , AS LAST AMENDED BY DIRECTIVE 78/692/EEC ( 4 ) , THAT AFTER 1 JULY 1975 MEMBER STATES MAY NO LONGER ESTABLISH UNDER THEIR OWN RESPONSIBILITY THE EQUIVALENCE OF INSPECTIONS AND CHECKS CARRIED OUT IN THIRD COUNTRIES ; WHEREAS , HOWEVER , THE WORK INTENDED TO ENABLE SUCH EQUIVALENCE TO BE DETERMINED AT COMMUNITY LEVEL HAS NOT YET BEEN COMPLETED ;

WHEREAS , THEREFORE , IN ORDER TO PREVENT THE MEMBER STATES' TRADITIONAL TRADE PATTERNS BEING DISTURBED , THE MEMBER STATES SHOULD BE GRANTED THE POSSIBILITY OF EXTENDING THE VALIDITY OF DECISIONS ON EQUIVALENCE ALREADY TAKEN BY THEM ;

WHEREAS , HOWEVER , THE USE OF THIS POSSIBILITY IS SUBJECT TO THE COMMUNITY PHYTOSANITARY RULES APPLICABLE FROM 23 DECEMBER 1978 ; WHEREAS , AS A RESULT , SEED POTATOES MAY NOT BE INTRODUCED INTO THE COMMUNITY AFTER THAT DATE EXCEPT IN SO FAR AS PERMITTED BY THE ABOVEMENTIONED PHYTOSANITARY RULES ; WHEREAS , HOWEVER , SEED POTATOES INTRODUCED BEFORE THAT DATE MAY IN ANY CASE , AS REGARDS MARKETING WITHIN THE MEMBER STATE CONCERNED , BENEFIT FROM THE EQUIVALENCE UNTIL THE DATE LAID DOWN IN THIS DIRECTIVE ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

WITHOUT PREJUDICE TO THE PROVISIONS OF COUNCIL DIRECTIVE 77/93/EEC OF 21 DECEMBER 1976 ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO MEMBER STATES OF HARMFUL ORGANISMS OF PLANT OR PLANT PRODUCTS ( 5 ) THE DATE " 30 JUNE 1978 " SET OUT IN ARTICLE 15 ( 2 ) ( A ) OF DIRECTIVE 66/403/EEC SHALL BE REPLACED BY " 30 JUNE 1979 " .

ARTICLE 2

MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITH EFFECT FROM 1 JULY 1978 .

THEY SHALL FPRTJWOTJ INFORM THE COMMISSION THEREOF .

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 26 SEPTEMBER 1978 .

FOR THE COUNCIL

THE PRESIDENT

J . ERTL

( 1 ) OPINION DELIVERED ON 15 SEPTEMBER 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

( 2 ) OPINION DELIVERED ON 12 AND 13 JULY 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

( 3 ) OJ NO 125 , 11 . 7 . 1966 , P . 2320/66 .

( 4 ) OJ NO L 236 , 26 . 8 . 1978 , P . 13 .

( 5 ) OJ NO L 26 , 31 . 1 . 1977 , P . 20 .