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COMMISSION REGULATION (EEC) No 309/88

of 2 February 1988

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 1733/84 (3), and in particular Article 2 (2) thereof,

Whereas pursuant to 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 2 cm;

Whereas this situation has been taken into account by Commission Regulation (EEC) No 537/70 (4), as amended by Regulation (EEC) No 2737/77 (5) and (EEC) No 3420/84 (6), which authorized a minimum size of 12 cm for Hyacinthus orientalis bulbs exported to Japan; whereas these measures expired on 31 December 1987;

Whereas there is no likelihood of the abolition of the existing plant-health measures in Japan; whereas the measures provided in Regulation (EEC) No 2737/77 should therefore be reintroduced;

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. 'Hyacinthus orientalis' is added to Article 1 (1) until 31 December 1988.

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 1988.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 February 1988.

For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 55, 2. 3. 1968, p. 1.

(2) OJ No L 71, 21. 3. 1968, p. 1.

(3) OJ No L 164, 22. 6. 1984, p. 1.

(4) OJ No L 67, 24. 3. 1970, p. 10.

(5) OJ No L 316, 10. 12. 1977, p. 29.

(6) OJ No L 316, 6. 12. 1984, p. 33.

ANNEX

1.2.3.4.5 // // // // // // Description of products // Type of pack // Third country of destination // Minimum size // Size grading // // // // // // Hyacinthus orientalis (1) // any packing // Japan // 12 cm // 12-14 // // // // //

(1) Until 31 December 1988.