4. 5. 88 Official Journal of the European Communities No C 117/11 
Proposal for a Council Directive amending Directive 77/93/EEC on protective measures 
against the introduction into the Member States of organisms harmful to plants or plant 
products 
COM(88) 170 final 
(Submitted by the Commission to the Council on 18 April 1988) 
(88/C 117/10) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas by Directive 77/93/EEC ('), as last amended by 
Directive 87/298/EEC (2), the Council laid down 
protective measures against the introduction into the 
Member States of organisms harmful to plants or plant 
products; whereas the protection of plants against such 
organisms is absolutely necessary to increase agricultural 
productivity, which is one of the objectives of the 
common agricultural policy; 
Whereas the plant health laws applicable to the French 
overseas departments have not been harmonized 
according to the provisions of Directive 77/93/EEC; 
whereas, given the importance of their trade in plant and 
plant products with the remainder of the Community, it 
is now desirable to apply the provisions of that Directive 
to them; whereas in view of the special nature of 
the agricultural production of the French overseas 
departments it is appropriate to provide for additional 
protective measures justified on grounds of the 
protection of health and life of plants therein; whereas 
the provisions of Directive 77/93/EEC should also be 
extended to protective measures against the introduction 
of harmful organisms into the French overseas 
departments from other parts of France; 
Whereas it has become necessary to clarify the 
requirement in Article 9 (1) of Directive 77/93/EEC that 
the official phytosanitary certificate required under 
Article 7 of the Directive must be issued in the country 
of origin of the plants, plant products or other objects 
concerned; whereas it appears appropriate to define the 
exceptions to this requirement in a more general manner 
so that Article 9 (1) need not be amended whenever a 
relevant amendment is made by the Commission to 
Annex IV to the Directive; 
Whereas at present, in addition to providing for checks 
by consignor Member States, Directive 77/93/EEC also 
allows checks by Member States of destination; whereas, 
in the interest of the free movement of plants and plant 
(') OJ No L 26, 31. 1. 1977, p. 20. 
O OJ No L 151, 11. 6. 1987, p. 1. products within the Community, which is an element 
essential to agricultural productivity and contributes to 
the proper functioning of the common agricultural 
policy, these latter checks should be progressively 
reduced and a better balance established, in the matter of 
checks, between the consignor Member State and the 
Member State of destination, with greater responsibility 
being placed on the former; whereas Article 11 of 
Directive 77/93/EEC should be amended accordingly; 
Whereas it is appropriate to provide in certain cases that 
the official inspection of plants, plant products and other 
objects coming from third countries, provided for in 
Article 12 (1) of Directive 77/93/EEC, should be carried 
out by the Commission in the third country of origin; 
Whereas it has also appeared that it is no longer justified 
that exceptions to the general rules decided pursuant to 
Article 14 (3) of Directive 77/93/EEC should be allowed 
solely on the request of the Member States concerned 
and be applicable only to those Member States; whereas 
it seems justified to extend such exceptions to all 
Member States, unless it is established at Community 
level that the risk of spreading harmful organisms is not 
obviated in respect of certain parts of the Community; 
Whereas it has become necessary to improve the func­
tioning of the safeguard clause provided for in Article 15 
of Directive 77/93/EEC with a view to allowing more 
rapid, more comprehensive and more effective 
Community action in cases where that clause is used; 
whereas safeguard measures should normally be adopted 
by the Member State where the problem originates and 
the Commission should have broader powers in 
connection with the adoption of safeguard measures by 
Member States; 
Whereas, in order to improve the efficiency of the 
Community's decision-making process, the procedures 
laid down in Article 16 (4) and 17 (4) of Directive 
77/93/EEC should be amended; 
Whereas the measures taken with a view to the 
progressive reduction of checks by Member States of 
destination will necessitate a strengthening of the checks 
carried out by consignor Member States; whereas it 
therefore appears necessary to reinforce Community 
plant health inspections in order to improve the func­
tioning of the current Community plant health regime, 
with a view to ameliorating the productivity of agri­
culture and achieving the single market by 1992, but in 
particular with a view to increasing confidence in all 
NoC 117/12 Official Journal of the European Communities 4. 5. 88 
plant health checks carried out on plants or plant 
products intended for marketing within the Community; 
Whereas these reinforced Community inspections should 
be made by experts employed by the Commission, and 
also by experts employed by Member States, whose 
services are made available to the Commission; 
Whereas the role of these experts should be defined in 
connection with the activities required under the 
Community plant health regime, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 77/93/EEC is hereby amended as follows: 
1. Article 1 is amended as follows: 
(a) in paragraph 2, 'to the French overseas 
departments, nor' are deleted; 
(b) the following paragraph is added: 
'3. Protective measures which are justified on 
grounds of the protection of health and life of 
plants in the French overseas departments and 
which are additional to those laid down in this 
Directive may be determined in accordance with 
the procedure laid down in Article 16. 
This Directive shall also concern protective 
measures against the introduction of harmful 
organisms into the French overseas departments 
from other parts of France.' 
2. Article 9 (1) is replaced by the following: 
'1. Without prejudice to Articles 7 and 8, Member 
States shall lay down that the plants, plant products 
and other objects which originate in a Member State 
or in a third country and are listed in Annex IV, part 
A, except those specified below, shall not be 
introduced into another Member State unless the 
official phytosanitary certificate required pursuant to 
Article 7 has been issued in the country in which 
they originate. They must be accompanied by that 
certificate or by a certified copy thereof. These 
provisions do not apply 
— in the case of wood, if under the special 
requirements laid down in Annex IV part A it is 
sufficient that it is stripped of its bark, 
— in other cases, if the special requirements laid 
down in Annex IV part A can be fulfilled also at 
places other than that of production.' 
3. In Article 11 (1), first sentence, 'at the time of their 
introduction' is replaced by 'in the event of their 
introduction'. 
4. In Article 11 (1), second sentence, the text under (b) 
is deleted. 5. In Article 11 (3), second subparagraph, second 
sentence, 'one-third' is replaced by 'a certain 
percentage'. 
6. In Article 11 (3), second subparagraph, the following 
is added: 
'This percentage may be determined in accordance 
with the procedure laid down in Article 16. It shall 
be lower than 33 % and shall progressively be 
reduced to zero before 31 December 1990.' 
7. The following paragraph is inserted in Article 11: 
'3a. The documentary checks referred to in 
paragraph 1 (a) and the identity checks referred 
to in paragraph 1 (e) shall be carried out only at 
the time and place at which customs or other 
administrative formalities in connection with the 
movement of goods are completed. Member 
States shall not require that such formalities be 
completed at a frontier between Member States. 
In accordance with the procedure laid down 
in Article 16 it shall be decided before 
31 December 1989 what percentage of 
consignments may be subject to occasional 
documentary and identity checks by sampling. 
This percentage shall be less than 33 °/c and 
shall progressively be reduced to zero before 
31 December 1991.' 
8. Article 11 (4) is replaced by the following: 
'4. If it is ascertained that part of a consignment 
of plants, plant products or other objects is 
contaminated by harmful organisms listed in 
Annexes I and II, the introduction of the other part 
shall not be prohibited provided that it is not 
suspected of being contaminated and provided that 
there appears to be no possibility of harmful 
organisms having spread following the splitting up of 
the consignment.' 
9. The following paragraph is added to Article 12: 
'5. It may be agreed, in technical arrangements 
made between the Commission and certain third 
countries and approved in accordance with the 
procedure laid down in Article 16, that the 
inspections referred to in paragraph 1 (a) be carried 
out by the Commission, in the territory of the third 
country concerned, in cooperation with the official 
plant protection organization of that country.' 
10. In Article 14 (2) second sentence, the following is 
inserted after the words 'after adoption of the said 
provisions': 
'and, where appropriate, following investigations 
carried out by the Commission in the country of 
origin of the plants or plant products concerned.' 
11. In Article 14 (3), introductory sentence, 'on request' 
is deleted. 
12. In Article 14 (3), the following subparagraph is 
added: 
4. 5. 88 Official Journal of the European Communities No C 117/13 
'The authorizations shall apply to all Member States, 
and all Member States shall permit the introduction 
of plants, plant products or other objects marketed 
in another Member State in accordance with the 
conditions of the authorization, unless it is estab­
lished that the risk of spreading harmful organisms 
through the product concerned in certain regions is 
not obviated, taking into account the differences in 
agricultural and ecological conditions. In such cases, 
the Member States concerned shall expressly be 
exempted from the obligations derived from the 
above provisions in the decisions providing for the 
authorizations. The risk shall be assessed on the 
basis of available scientific and technical infor­
mation: where such information is insufficient, it 
shall be completed by additional enquiries or, where 
appropriate, by investigations carried out by the 
Commission in the country of origin of the plants, 
plant products or other objects concerned.' 
13. Article 15 is replaced by the following: 
'Article 15 
1. Each Member State shall immediately notify 
the Commission and the other Member States of any 
occurrence or suspected occurrence of harmful 
organisms, whether or not listed in the Annexes, in 
its territory. It shall also inform the Commission and 
the other Member States of the measures which it 
has taken. These measures must be such as to 
eliminate any risk of the spread of the harmful 
organism concerned in the territory of the 
Community. 
2. Where a Member State considers that there is 
an imminent danger of the introduction or spread in 
its territory of harmful organisms, whether or not 
listed in the Annexes, from third countries, it shall 
immediately notify the Commission and the other 
Member States. 
In respect of the particular consignments of plants, 
plant products or other objects considered to present 
the danger, the Member State concerned shall im­
mediately take the measures necessary to protect the 
Community from that danger and shall inform the 
Commission and the other Member States thereof. 
3. In cases within paragraph 1 or paragraph 2, the 
Commission may make immediate on-site investi­
gations. In any case, if the Commission considers 
that the measures referred to in paragraph 1 are 
insufficient, and wherever paragraph 2 applies, the 
Commission shall adopt, within the shortest possible 
time, such measures as it judges appropriate to the 
situation. 
4. In cases within paragraph 1 or paragraph 2, the 
Commission shall examine the situation as soon as 
possible within the Standing Committee on Plant 
Health. The Commission may take necessary 
measures in accordance with the procedure laid 
down in Article 17. The Commission shall follow the 
development of the situation and, in accordance with the same procedure, shall amend or repeal, as that 
development requires, the measures mentioned in 
this paragraph and in paragraph 3. 
5. To the extent that this proves necessary, the 
Commission shall adopt, in accordance with the 
procedure laid down in Article 16, detailed rules for 
the application of this Article.' 
14. At the end of the second subparagraph of both 
Article 16 (4) and Article 17 (4), 'except where the 
Council has rejected the said measures by a simple 
majority' is deleted. 
15. The following Article is inserted: 
'Article 19a 
1. For the purpose of ensuring the correct and 
uniform application of this Directive, and without 
prejudice to checks carried out by the Member 
States, the Commission may carry out checks by 
experts. In appropriate cases these checks shall be 
carried out on site. 
2. The experts referred to in paragraph 1 may be: 
— employed by the Commission, 
— employed by Member States, and put at the 
disposal of the Commission on a temporary or 
ad hoc basis. 
3. In carrying out their duties, these experts may: 
— monitor examinations pursuant to Article 6, and 
monitor or carry out inspections pursuant to 
Article 12(1), 
— carry out the activities specified in Articles 12 (5) 
and 14 (2) and (3), 
— make the investigations referred to in Article 15 
(3), 
— assist the Commission in the matters referred to 
in paragraph 6, 
— carry out any other task assigned to them in 
accordance with the procedure laid down in 
Article 16. 
4. For the purpose of the tasks referred to in 
paragraph 3, the experts may under the same terms 
as those applicable to national inspectors 
— inspect nurseries, farms and other places where 
plants, plant products or other objects intended 
for introduction into other Member States are or 
were grown, produced, processed or stored, 
— inspect places where examinations pursuant to 
Article 6 or inspections pursuant to Article 12 are 
carried out, 
— consult officials of the official plant protection 
organizations of the Member States, 
No C 117/14 Official Journal of the European Communities 4. 5. 88 
— accompany national inspectors when they carry 
out activities for the purposes of this Directive. 
5. Member States shall ensure that the experts 
may carry out their tasks without hindrance, and 
shall provide them with all facilities necessary for the 
carrying out of these tasks, including laboratory 
equipment and laboratory staff. 
6. The Commission shall: 
— establish a network for the notification of new 
occurrences of harmful organisms, 
— make recommendations for notes for the 
guidance of the experts and of national 
inspectors in carrying out their activities. 
To assist the Commission in this latter task, Member 
States shall notify the Commission of their current 
national inspection procedures in the plant health 
field. 7. The Commission shall adopt, in accordance 
with the procedure laid down in Article 16, detailed 
rules for the application of this Article.' 
Article 2 
1. Member States shall bring into force the laws, 
regulations or administrative provisions necessary to 
comply with this Directive by 1 January 1989. 
2. Member States shall immediately inform the 
Commission of all laws, regulations and administrative 
provisions adopted in implementation of this Directive. 
The Commission shall inform the other Member States 
thereof. 
Article 3 
This Directive is addressed to the Member States. 
Proposal for a Council Directive amending for the ninth time Directive 76/769/EEC on the 
approximation of the laws, regulations and administrative provisions of the Member States 
relating to restrictions on the marketing and use of certain dangerous substances and 
preparations 
COM(88) 190 final 
(Submitted by the Commission to the Council on 20 April 1988) 
(88/C 117/11) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and in 
particular Article 100A thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas measures should be adopted which are intended gradually to establish the internal 
market during a period expiring on 31 December 1992; whereas the internal market comprises 
an area without internal frontiers within which the free movement of goods, persons, services 
and capital are guaranteed; 
Whereas both pentachlorophenol (CAS No 87-86-5) and its compounds are substances that are 
dangerous to man and the environment, and in particular the aquatic environment; whereas the 
use of those substances should be regulated; 
Whereas restrictions which have already been imposed by certain Member States on the use or 
marketing of the abovementioned substances or of preparations containing those substances 
directly effect the establishment and operation of the internal market; whereas it is therefore 
necessary to approximate the laws of the Member States in this field and, consequently, to 
amend Annex I to Council Directive 76/769/EEC ('), as last amended by Directive ; 
(') OJ No L 262, 27. 9. 1976, p. 201.