I*C , > *TEB»*iZ COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC93) 99 final 
Brussels, 16 March 1993 
Proposal for a 
COUNCIL DIRECTIVE 
BMMiBjFÂiB^siaffiafliâëËJiti amending 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 
(presented by the Commission) 
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EXPLANATORY HEKQBAMDUH 
By Directive 77/93/EEC, the Council laid down protective measures against 
the introduction into the Community of organisms harmful to plants or plant 
products and against their spread within the Community. 
This proposal brings the Canary Islands within the scope of the Directive, 
with additional provisions to protect the special nature of their 
agricultural production. 
This proposal also adapts the provisions relating to the derogations from 
the general rules provided for in Article 14, to the objectives of the 
internal market. 
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PROPOSAL FOR A COUNCIL DIRECTIVE 
Of 
amending 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 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(2)f 
Having regard to the Opinion of the Economic and Social Committee(^), 
Whereas Council Regulation (EEC) No 1911/91 of 26 June 1991 on the 
application of the provisions of Community law to the Canary Islands(^) 
integrates the Canary Islands into the Community's customs territory and 
into the common policies; whereas, under Articles 2 and 10 of the 
abovementioned Regulation, application of the common agricultural policy is 
subject to the entry into force of specific supply arrangements; whereas 
such application must also be accompanied by specific measures concerning 
agricultural production; 
(1) OJ No L 
(2) OJ No L 
(3) OJ No L 
(4) OJ No L 171, 2 5.6.1991, p. 1, Regulation as amended b-
Ho ".84/92 (0-; No L 31, 7.2.1992, p. 6) 
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Whereas Council Decision 91/314/EEC of 26 June 1991 setting up a programme 
of options specific to the remote and insular nature of the Canary Islands 
(Poseican)(5) outlines the options to be implemented to take account of 
the specific problems and constraints faced by the Islands; 
Whereas these measures involve the adaptation of 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 he Community^), as last amended 
by Directive 92/103/EECt7) to accomodate the specific plant health 
situation in the Canary Islands; 
Whereas it has become necessary to adapt the provisions relating to the 
derogations from the general rules provided for in Article 14 of the said 
Directive, to the objectives of the internal market; whereas it is 
accordingly necessary to amend Articles 5, 6, 10 and 12 of the said 
Directive; 
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 the words "the Canary Islands" are deleted. 
b) The following paragraph is added: 
"3a This Directive shall also concern protective measures against 
the introducion of harmful organisms into the Canary Islands 
from other parts of Spain and, conversely, into other parts 
of Spain from the Canary Islands." 
c) In paragraph 4 the words "and in the Canary Islands" are inserted 
after the words "French overseas departments". 
(S) OJ Mo L 171, 29.06.1991, p. 5. 
J6) OJ Uo L 26, 31,01.1977, p. 20. 
(7v oj No 1, 363, 11.12.1992, p 1. 
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2. In Article 5(4), the following sentence shall be added: 
"This paragraph shall not apply to the movement of small quantities of 
plants, where they are intended for consumption during transport, 
provided that there is no risk of harmful organisms spreading." 
3. In Article 6(4), the following sentence shall be added: 
"Paragraphs 1, 2 and 3 shall not apply to the movement of small 
quantities of plants where they are intended for consumption during 
transport, provided that there is no risk of harmful organisms 
spreading." 
4. In Article 10(2), the following sentence shall be added: 
"Paragraphs (a) and (b) shall not apply to the movement of small 
quantities of plants where they are intended for consumption during 
transport, providing that there is no risk of harmful organisms 
spreading." 
5. In Article 12(3), the following paragraph shall be added: 
"(b) provided that there is no risk of harmful organisms spreading: 
paragraphs (1) and (2) shall not apply where plants, plant 
products or other objects are directly moved between two places 
within the Community via the territory of a non-member country; 
paragraphs (1) and (2) and Article 4(1) shall not apply in the 
case of transit through the territory of the Community; 
paragraphs (1) and (2) shall not apply in the case of small 
quantities of plants, where they are intended for consumption 
during transport." 
6. In Article 14: 
paragraphs 1, 2 and 6 are deleted; 
paragraph 3, first subparagraph, the words "in so far as such 
derogations are not yet allowed under paragraph 1" are deleted; 
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paragraph 3, first subparagraph, first indent, the references to 
"Annex III, Part A9" and "Annex IV Part A24a" shall be replaced by 
a reference to "Annex III, Part A(10)" and "Annex IV, Part A, 
section 11(19.2)" respectively; 
paragraph 3, first subparagraph, second indent, the reference to 
"Annex IV, Part A" shall be replaced by a reference to "Annex IV, 
Part A, Section I"; 
paragraph 4, the reference to "1(b)(c) and" shall be deleted and 
the reference to "3" shall be replaced by " 1"; 
paragraph 5, the reference to "paragraph 1(c) or" shall be deleted 
and the reference to "3" shall be replaced by "1"; 
paragraphs 3, 4 and 5 are renumbered and become paragraphs 1, 2 and 
3 respectively. 
Article 2 
1. Member States shall bring into force the laws, regulations or 
administrative provisions necessary to comply with this Directive by 
1 June 1993. 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 they 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, For the Council, 
ISSN 0254-1475 
COM(93) 99 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-121-EN-C 
ISBN 92-77-53724-8 
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