----

            COMMISSION DIRECTIVE 2004/105/EC

of 15 October 2004         

determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 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) and in particular Article 13a(4)(a) thereof,

Whereas:

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.   For the purposes of Article 13(1)(ii) of Directive 2000/29/EC, the Member States shall accept official ‘phytosanitary certificates’ or ‘phytosanitary certificates for re-export’ (certificates) accompanying plants, plant products or other objects listed in Part B of Annex V to Directive 2000/29/EC coming from contracting third countries to the International Plant Protection Convention (IPPC) which are issued in accordance with the models as specified in Annex I.

2.   Member States shall only accept the certificates referred to in paragraph 1 provided that they have been completed taking into account the FAO International Standard for Phytosanitary Measures No 12 on Guidelines for phytosanitary certificates.

Article 2

The Member States shall accept certificates issued in accordance with the models as specified in Annex II, until 31 December 2009.

Article 3

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 15 October 2004.

For the Commission

David BYRNE            

Member of the Commission

----

(1)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).

----

ANNEX I
Text of image
MODEL PHYTOSANITARY CERTIFICATENoPlant protection organisation of:To plant protection organisation(s) of:I. Description of consignmentName and address of exporter:Declared name and address of consignee:Number and description of packages:Distinguishing marks:Place of origin:Declared means of conveyance:Declared point of entry:Name of produce and quantity declared:Botanical name of plants:This is to certify that the plants, plant products or other regulated articles described herein have been inspected and/or tested according to appropriate official procedures and are considered to be free from the quarantine pests specified by the importing contracting party and to conform with the current phytosanitary requirements of the importing contracting party, including those for regulated non-quarantine pests.They are deemed to be practically free from other pests (*).II. Additional declarationIII. Disinfestation and/or disinfection treatmentDate: Treatment: Chemical (active ingredient):Duration and temperature:Concentration:Additional information:(Stamp of organisation)Place of issue:Name of authorised officer:Date:(Signature)No financial liability with respect to this certificate shall attach to (name of plant protection organisation) or to any of its officers or representatives (*).(*) Optional clause.
Text of image
MODEL PHYTOSANITARY CERTIFICATE FOR RE-EXPORTNoPlant protection organisation of: (contracting party of re-export)To plant protection organisation(s) of: (contracting party(ies) of import)I. Description of consignmentName and address of exporter:Declared name and address of consignee:Number and description of packages:Distinguishing marks:Place of origin:Declared means of conveyance:Declared point of entry:Name of produce and quantity declared:Botanical name of plants:This is to certify that the plants, plant products or other regulated articles described above were imported into (contracting party of re-export) from (contracting party of origin) covered by phytosanitary certificate No (*) original certified true copy of which is attached to this certificate; that they are packed repacked in original (*) new containers, that based on the original phytosanitary certificate and additional inspection , they are considered to conform with the current phytosanitary requirements of the importing contracting party, and that during storage in (contracting party of re-export), the consignment has not been subjected to the risk of infestation or infection.II. Additional declarationIII. Disinfestation and/or disinfection treatmentDate: Treatment: Chemical (active ingredient):Duration and temperature:Concentration:Additional information:(Stamp of organisation)Place of issue:Name of authorised officer:Date:(Signature)No financial liability with respect to this certificate shall attach to (name of plant protection organisation) or to any of its officers or representatives (**).(*) Insert tick in appropriate boxes.(**) Optional clause.

----

ANNEX II
Text of image
MODEL PHYTOSANITARY CERTIFICATENoPlant protection organisation of:To plant protection organisation(s) of:Description of consignmentName and address of exporter:Declared name and address of consignee:Number and description of packages:Distinguishing marks:Place of origin:Declared means of conveyance:Declared point of entry:Name of produce and quantity declared:Botanical name of plants:This is to certify that the plants or plant products described above have been inspected according to appropriate procedures and are considered to be free from quarantine pests, and practically free from other injurious pests; and that they are considered to conform with the current phytosanitary regulations of the importing country.Disinfestation and/or disinfection treatmentDate: Treatment: Chemical (active ingredient):Duration and temperature: Concentration:Additional information:Additional declaration:(Stamp of organisation)Place of issue:Name of authorised officer:Date:(Signature)No financial liability with respect to this certificate shall attach to (name of plant protection organisation) or to any of its officers or representatives (*).(*) Optional clause.
Text of image
MODEL PHYTOSANITARY CERTIFICATE FOR RE-EXPORTNoPlant protection organisation of: (country of re-export)To plant protection organisation(s) of: (country(ies) of import)Description of consignmentName and address of exporter:Declared name and address of consignee:Number and description of packages:Distinguishing marks:Place of origin:Declared means of conveyance:Declared point of entry:Name of produce and quantity declared:Botanical name of plants:This is to certify that the plants or plant products described above were imported into (country of re-export) from (country of origin) covered by phytosanitary certificate No (*) original certified true copy of which is attached to this certificate; that they are packed repacked in original (*) new containers, that based on the original phytosanitary certificate and additional inspection , they are considered to conform with the current phytosanitary regulations of the importing country, and that during storage in (country of re-export), the consignment has not been subjected to the risk of infestation or infection.Disinfestation and/or disinfection treatmentDate: Treatment: Chemical (active ingredient):Duration and temperature: Concentration:Additional information:Additional declaration:(Stamp of organisation)Place of issue:Name of authorised officer:Date:(Signature)No financial liability with respect to this certificate shall attach to (name of plant protection organisation) or to any of its officers or representatives (**).(*) Insert tick in appropriate boxes.(**) Optional clause.

----