No L 62/36 Official Journal of the European Communities 4. 3. 97 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 February 1997 authorizing the Member States exceptionally to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of plants of Vitis L., other than fruits, originating in Switzerland (97/159/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the intro- duction into the Community of organisms harmful to plants or plant products and against their spread within the Community ('), as last amended by Directive 97/3/EC (3, and in particular Article 14 (1) thereof, Having regard to the request made by France, Whereas, under the provisions of Directive 77/93/EEC, plants of Vitis L., other than fruits, originating in third countries, may in principle not be introduced into the Community; Whereas, on the basis of the information supplied by Switzerland and by the relevant Member State, it appears that in Switzerland, plants of Vitis L. can be grown under adquate health conditions and that there are no sources for the introduction of exotic diseases affecting plants of Vitis L, Whereas the imports would take place for a limited period of time to enable specialised nurseries to multiply these plants in the EU, whereby these plants will be re-exported afterwards to Switzerland; Whereas therefore a derogation should be authorized for a limited period, provided that it includes specific condi- tions and without prejudice to Council Directive () OJ No L 26, 31. 1. 1977, p. 20. () O] No L 27, 30. 1. 1997, p. 30. 68/193/EEC (°), as last amended by the Act of Accession of Austria, Finland and Sweden; 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. The Member States are hereby authorized to provide, under the conditions laid down in paragraph 2, for excep- tions from Article 4 (1) of Directive 77/93/EEC, with regard to the prohibitions referred to in Part A, point 15 of Annex III thereto for plants of Vitis L. other than fruits, originating in Switzerland. 2. The following specific conditions shall be satisfied: (a) the plants shall be propagating material in the form of dormant bud material of the variety Chasselas; (b) the buds shall be intended to be grafted in the Community at premises referred to in (h), on to root- stocks produced in the Community; (¢} the buds intended for the Community shall be: — harvested from propagating material grown in vineyards, which are officially registered. The lists of the registered vineyards shall be made available to the Member States making use of the deroga- tion, and to the Commission, at the latest by 1 () OJ No L 93, 17. 4. 1968, p. 15.