COMMISSION DIRECTIVE 92/103/EEC of 1 December 1992 amending Annexes I to IV to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
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 introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 92/10/EEC (2), and in particular Article 3 (6), Article 4 (3) and Article 5 (3) thereof,
Whereas the relevant harmful organisms, whose presence is or may be prohibited in trade are listed in Annexes I and II to Directives 77/93/EEC;
Whereas a list of commodities which are subject to an import ban under some conditions or which may be subjected by individual Member States to an import ban is given in Annex III to the said Directive;
Whereas Annex IV to the said Directive lists special requirements which are to be met in order to have better guarantees of freedom from the abovementioned harmful organisms;
Whereas the application of the Community plant health regime to the Community as an area without internal frontiers, and the introduction of protected zones will necessitate a complete restructuring of the Annexes;
Whereas this restructuring should take into account the results of an assessment of plant health risks arising from Community and third country products respectively, which has been based on available more recent scientific evidence, as well as the harmful organisms of Community concern and the related special requirements as laid down in Annexes I, II, III and IV to the said Directive;
Whereas this restructuring should lead to a listing of the harmful organisms subdivided in organisms not known to occur in any part of the Community and relevant for the entire Community, organisms know to occur in the Community and relevant for the entire Community, and organisms of relevance for certain protected zones; whereas moreover, the harmful organisms established in certain parts of the Community and the related requirements should be deleted;
Whereas developments in classification, nomenclature or identification of harmful organisms should be taken into account in order to have a correct taxonomic designation of harmful organisms;
Whereas developments in scientific and technical knowledge have shown that protection of Community crops should be improved, wherever they are at risk;
Whereas, following the intentions declared by the Commission and all Member States at the time of adoption of Council Directive 85/574/EEC (1), Annexes II (B), III (B) and IV (B) to Directive 77/93/EEC should be amended accordingly, but only as an interim protective measure for a limited period to enable the Commission to study their phytosanitary basis case by case; whereas these studies are finalized so that more permanent provisions should be laid down where needed;
Whereas the relevant Annexes to Directive 77/93/EEC should therefore be replaced;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes I to IV to Directive 77/93/EEC are hereby replaced by the Annex hereto.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive six months after the revision of Annex V to Directive 77/93/EEC. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall immediately communicate to the Commission all provisions of domestic law which adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels