No L 298/42 Official Journal of the European Communities 19. 11. 94 COMMISSION COMMISSION DECISION of 14 November 1994 authorizing Member States to permit temporarily the marketing of forest reproductive material not satisfying the requirements of Council Directives 66/404/EEC and 71/161/EEC (94/751/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive mate- rial ('), as last amended by Directive 90/654/EEC (3 and in particular Article 15 thereof, Having regard to Council Directive 71/161/EEC of 30 March 1971 on external quality standards for forest repro- ductive material marketed within the Community (), as last amended by Directive 90/654/EEC, and in particular Article 15 thereof, Having regard to the requests submitted by certain Member States, Whereas production of reproductive material of the species set out in the Annexes is at present insufficient in all Member States, as well as in Austria, for which the Council has stated the equivalence of the reproductive material there harvested, with the result that their require- ments for reproductive material conforming to the provi- sions of Directives 66/404/EEC and 71/161/EEC cannot be met; Whereas third countries are not in a position to supply sufficient reproductive material of the relevant species which can afford the same guarantees as Community reproductive material and which conforms to the provi- sions of the abovementioned Directives ; Whereas the Member States should therefore be authorized to permit, for a limited period, the marketing of reproductive material of the relevant species which () OJ No 125, 11. 7. 1966, p. 2326/66. () OJ No L 353, 17. 12. 1990, p. 48. () OJ No L 87, 17. 4. 1971, p. 14. satisfies less stringent requirements to cover the shortage of reproductive material satisfying the requirements of Directive 66/404/EEC or 71/161/EEC; Whereas, for genetic reasons, the reproductive material must be collected at places of origin within the natural range of the relevant species and the strictest possible guarantees should be given to ensure the identity of the material ; Whereas, furthermore, reproductive material should be marketed only if it is accompanied by a document bearing certain details of the reproductive material in question ; Whereas each of the Member States should furthermore be authorized to permit the marketing in its territory of seed and plants which satisfy less stringent requirements in respect of provenance, as laid down in Directive 66/404/EEC or seed which satisfies less stringent require- ments in respect of specific purity as laid down in Direc- tive 71/161/EEC, if the marketing of such material has been authorized in the other Member States under this Decision ; Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horti- culture and Forestry, HAS ADOPTED THIS DECISION : Article 1 1. Member States are authorized to permit the market- ing in their territory of seed which does not satisfy the requirements in respect of provenance in Directive 66/404/EEC on the terms set out in Annex I hereto and on condition that the proof specified in Article 2 is furnished with regard to the place of provenance of the seed and the altitude at which it was collected.