31.12.85 Official Journal of the European Communities No L 379745 COMMISSION DECISION of 19 December 1985 authorizing certain Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of oak wood originating in Canada or the United States of America (Only the Danish, Dutch, French, German and Italian texts are authentic) (85/634/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the intro- duction into the Member States of organisms harmful to plants or plant products (*), as last amended by Directive 85/173/EEC (?), and in particular Article 14 (3) thereof, Having regard to the requests made by Belgium, Denmark, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands, Whereas, pursuant to the provisions of Directive 77/93/ EEC, oak wood with bark autached, originating in North American countries, may, in principle, not be introduced into the Community because of the risk of introducing Ceratocystis fagacearum, the cause of oak wilt; Whereas, however, Article 14 (3) of the said Directive permits derogations from that rule, provided that it is established that there is no risk of spreading harmful organisms; Whereas Commission Decision 80/566/EEC (), as last amended by Decision 82/92/EEC (*), has already granted derogations in respect of oak wood originating in Canada; Whereas Commission Decision 83/78/EEC (), as amended by Decision 84/96/EEC (%), has also granted (*) OJ No L 26, 31. 1. 1977, p. 20. (*) OJ No L 65, 6. 3. 1985, p. 23. () OJ No L 149, 17. 6. 1980, p. 42. () O] No L 42, 13. 2. 1982, p. 19. () O] No L 51, 24. 2. 1983, p. 42. () O] No L 51, 22. 2. 1984, p. 21. revised derogations in respect of oak wood originating in the United States of America; Whereas experience has shown that it did not in practice prove possible to apply major parts of the latter Decision; Whereas updated information collected in April 1985 has enabled the Community to lay down improved conditions in respect of the guarantees to be given by the United States of America and of the official checks of the material on arrival in the Community; whereas in particular the formerly approved concept of ‘white- county-origin’ identification should be abandoned; Whereas, therefore, the Commission has established, on the basis of the information available at present, that, in respect of Canada or the United States of America, the risk of spreading Ceratocystis fagacearum is obviated provided that the revised special technical conditions are satisfied; Whereas however the seasonal shipment facilities for oak wood belonging to the white oak group are justified only in those parts of the Community where potential vectors of Ceratocystis fagacearum have little or no activity during the winter, i.e. in areas north of 45° latitude; Whereas the requesting Member States should therefore be authorized to provide for derogations in respect of oak wood originating in Canada or the United States of America under those special technical conditions, for a period appropriate to gain operational experience of the system; whereas the system will be improved or extended in the light of such experience; Whereas the authorization should be restricted to oak logs, i.e. oak wood retaining all of its natural round surface; whereas other oak wood such as logs without bark, flitches, boards, etc. remain subject to the general provisions of Directive 77/93/EEC applicable to oak wood originating in North American countries;