No C 186/6 Official Journal of the European Communities 13. 7. 84 
COMMISSION 
Proposal A 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(84) 288 final 
(Submitted by the Commission to the Council on 5 June 1984) 
(84/C 186/08) 
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 (x), as last 
amended by Directive 81/7/EEC (2), the Council laid 
down protective measures against the introduction 
into the Member States of organisms harmful to 
plants or plant products; 
Whereas, having regard to developments since then, 
certain of its provisions should be amended for the 
reasons given below; 
Whereas it is useful to clarify the scope of the 
Directive in respect of 'parts of plants' and of 'wood'; 
Whereas an instrument should be established to 
determine, at the Community level, acceptable 
tolerances for certain harmful organisms on products 
other than plants intended for planting; 
Whereas it is appropriate to adopt, for the purposes 
of Directive 77/93/EEC, the model certificates 
approved under the International Plant Protection 
Convention of 6 December 1951, as amended on 21 
November 1979, in a standardized lay-out which has 
been drawn up in close cooperaton with international 
organizations, and also to lay down rules for the use 
of previous models during a transitional period, and 
for certification requirements in the case of the 
introduction of plants and plant products from non-
member countries; 
(') OJ No L 26, 31. 1. 1977, p. 20. 
O OJNoL 14, 16. 1. 1981, p. 23. Whereas certain requirements in respect of San Jose 
scale and related provisions should be replaced by 
more appropriate requirements in the Annexes to the 
Directive; 
Whereas the rules relating to import inspections in 
intra-Community trade should be adapted to 
Community case-law and to other developments, in 
particular to the increased confidence which has been 
progressively established between Member States 
regarding the correct operation of inspection systems 
in the consignor Member States; 
Whereas mutual information on interceptions should 
be made mandatory; 
Whereas the procedure applicable to amendments of 
the Annexes to the Directive which will be made in 
the light of development of scientific or technical 
knowledge should be simplified; whereas such 
simplification is also appropriate for amendments 
supplementing Annex III to the Directive, in order to 
provide adequate protection where contamination of 
plants, plant products or other objects by certain 
harmful organisms cannot be checked effectively; 
Whereas derogations from the general provisions of 
Directive 77/93/EEC which have been granted under 
conditions laid down on a Community basis, pursuant 
to Article 14 (3) of that Directive, have shown 
considerable advantages in enabling specific situations 
to be taken into account; whereas the area in which 
such derogations may be granted should therefore be 
extended; 
Whereas, moreover, experience has shown that the 
degree of urgency of such derogations may be the 
same as in the case of the safeguard provisions; 
whereas therefore the urgency procedure specified in 
Article 17 of the Directive should also be made 
applicable to derogations, 
13.7.84 Official Journal of the European Communities No C 186/7 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 77/93/EEC is hereby amended as follows: 
1. In Article 2 (1) (a), the words 'including fresh 
fruit and seeds' are replaced by the words 
'including fresh fruit, seed, cut flowers, branches 
with foliage and cut trees retaining foliage'. 
2. Article 2 (2) is replaced by the following: 
'2. This Directive, save where it is expressly 
provided otherwise, concerns all wood in so far 
as it retains all or parts of its natural round 
surface, with or without bark; such wood is 
concerned also where it is in the form of wood 
chips or where it is used as dunnage, spacers, 
pallets or packing material in the transport of 
objects of all kinds'. 
3. In Article 3, the following paragraph 4a is 
inserted: 
'4a. In the case of harmful organisms listed in 
Annex I, part A (a) or Annex II, Part A (a), in so 
far as they already exist within the Community, 
and provided that there is no risk of harmful 
organisms spreading, the conditions under which 
paragraphs 1 and 4 shall not apply may be 
determined, in accordance with the procedure 
laid down in Article 16, in respect of objects 
other than plants intended for planting.' 
4. Article 7 (1) is replaced by the following: 
'1. "Where it is considered, on the basis of the 
examination laid down in Article 6 (1) and (2), 
that the conditions therein are fulfilled and save 
where this Directive expressly provides otherwise, 
a phytosanitary certificate shall be issued in 
accordance with the specimen set out in Annex 
VIII, Part A, drawn up in at least one of 
the official languages of the Community, and 
preferably filled out in that of the Member State 
of destination. 
By way of derogation from the first sub­
paragraph, remaining stocks of phytosanitary 
certificates issued in accordance with the 
specimen set out in the Annex to the Inter­
national Plant Protection Convention of 6 
December 1951 in its original version may be 
used until 31 December 1984.' 
5. In Article 7 (3), '31 December 1980' is replaced 
by '31 December 1985'. 
6. In Article 8 (2), first subparagraph, second 
sentence, the words 'one official Community 
language, preferably that of the Member State of destination' are replaced by the words 'one of 
the official languages of the Community, and 
preferably filled out in that of the Member State 
of destination'. 
7. In Article 8 (2), second subparagraph, '31 
December 1980' is replaced by '31 December 
1985'. 
8. Article 10 is deleted. 
9. In Article 11 (1), first sentence, the following is 
added before the words 'Member States may': 
'Subject to the provisions of paragraph 3,'. 
10. In Article 11 (1), second sentence, the following 
is added after (d): 
'(e) where checks are necessary as regards the 
identity of the declared plants, plant 
products or other objects, unless official 
measures or equivalent safeguards have been 
taken in the forwarding Member State to 
ensure such identity;'. 
11. Article 11 (2) is replaced by the following: 
'2. They shall not require any additional 
declaration on the certificates referred to in 
Article 4, 5, 7, 8 or 9. In the case of plants, plant 
products or other objects originating in non-
member countries and without prejudice to the 
requirements which Member States may lay down 
under Article 3 (5), (6) and (7), Article 4 (2), 
Article 5 (2) or paragraph 1 of this Article, 
Member States shall not require that such cer­
tificates bear additional declarations not required 
by the Member State which first introduced the 
consignment into the Community, or that an 
additional declaration has a wording which is 
different from that required by that Member 
State.' 
12. In Article 11 (3), first subparagraph, the words 
'With regard to fruit and vegetables and potatoes 
other than seed potatoes,' are deleted, and the 
words 'second sentence' are added after the 
words 'under paragraph 1'. 
13. In Article 11 (3), second subparagraph, the words 
'of fruit and vegetables and potatoes other than 
seed potatoes' are deleted. 
14. In Article 11 (3), second subparagraph, the final 
sentence is replaced by the following: 
'Such inspections shall, as a general rule, be 
carried out at the place of destination of the 
plants, plant products or other objects; they may 
No C 186/8 Official Journal of the European Communities 13.7.84 
be carried out at another suitable place instead, 
but always provided that in the latter case the 
place chosen interferes as little as possible with 
the routing of the plants, plant products or other 
objects.' 
15. In Article 11, the following paragraph 6 is added: 
'6. Member States shall ensure that the plant 
protection organization of the forwarding 
Member State is informed of all cases where 
plants, plant products or other objects coming 
from that Member State have been intercepted as 
being subject to prohibitions or restructions 
relating to plant health measures. This infor­
mation shall be given immediately and not later 
than one month after the interception. In 
accordance with the procedure laid down in 
Article 16, a standardized information system 
shall be set up.' 
16. In Article 12 (1) (b), second subparagraph, the 
words 'The certificates shall be issued' are 
replaced by the words 'The certificates prescribed 
in Article 7, 8 or 9 shall contain information in 
accordance with the specimen set out in the 
Annex to the International Plant Protection 
Convention of 6 December 1951, as amended on 
21 November 1979, irrespective of their lay-out, 
and shall be issued'. 
17. In Article 12 (1) (b), the following subparagraph 
is added: 
'By way of derogation from the preceding sub­
paragraph, phytosanitary certificates issued in 
, accordance with the specimen set out in the 
Annex to the International Plant Protection 
Convention of 6 December 1951 in its original 
version may be used for a transitional period. The 
date of expiry of that transitional period shall be 
fixed in accordance with the procedure laid down 
in Article 16; it may be different for the various 
non-member countries concerned.' 
18. In Article 13, the following paragraph is added: 
'However, amendments: 
— to be made in the light of developments in 
scientific or technical knowledge, or — to insert additional items in Annex III in 
order to provide adequate protection against 
harmful organisms occurring in certain non-
member countries, the presence of which on 
plants, plant products or other objects 
originating there cannot be checked 
effectively, 
shall be adopted in accordance with the 
procedure laid down in Article 16.' 
19. In Article 14 (1) (a), item (i) is deleted. 
20. In Article 14 (1) (a) (ii) and (iv), the reference to 
Article 10 is deleted. 
21. In Article 14 (1) (c) (i), the words 'and 4 (1) with 
requirements referred to in Annex III, Part A (8), 
and from Articles' are deleted. 
22. In Article 14 (3), the words 'or, in urgent cases, 
with that laid down in Article 17,' are inserted 
after the words 'laid down in Article 16'. 
23. In Article 14 (3), second indent, the words '1 to 8 
and 10' are replaced by the words 'remaining 
items', and the words 'with regard to the 
requirements referred to in Annex IV, Part A, 2, 
3 and 4' are replaced by the words 'with regard 
to other requirements referred to in Annex IV, 
Part A'. 
24. In Article 14 (3), the following third indent is 
inserted: 
'— from Articles 6, 7 and 12 (1) (b), in the case 
of plants or plant products originating in 
non-member countries, where the required 
certificates are currently not issued for such 
plants or plant products, but where 
equivalent safeguards are given,'. 
13. 7. 84 Official Journal of the European Communities No C 186/9 
25. Annex VIII, Part A is replaced by the following: 
'A. MODEL 
1. Name and Address of exporter 
3. Declared name and address of consignee 
6. Declared means of conveyance 
7. Declared point of entry 2. PHYTOSANITARY CERTIFICATE 
No EC/n/(2) 
Issued on 
4. Plant protection organization of 
to plant protection organization(s) of 
5. Place of origin 
n 
8. Distinguishing marks; number and description (*) of packages; name of produce; 
botanical name of plants 9. Quantity declared (5) 
10. THIS IS TO CERTIFY that the plants or plants 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 
— are considered to conform with the current phytosanitary regulations of the importing country. 
11. Additional declaration (6) 
12. Desinfestation and/or disinfection treatment 
13. Chemical (active ingredient) 
15. Duration and temperature 
17. Additional information 
(') Member State code. 
(*) Identification number of the certificate. 
(3) For official use only. 
(') Indication of the type of packages. 
(5) To be expressed either by number or vw 
(6) If there is insufficient space for the whol 14. Date 
16. Concentration 18. Name of authorized officer 
(Signature of officer and stamp of organization) 
sight. 
e of the additional declaration, it should be continued on the back of the form.' 
NoC 186/10 Official Journal of the European Communities 13.7.84 
26. Annex VIII, Part B is replaced by the following: 
'B. MODEL 
1. Name and address of exporter 
3. Declared name and address of consignee 
6. Declared means of conveyance 
7. Declared point of entry 2. REFORWARDING 
PHYTOSANITARY CERTIFICATE 
NoEC/(')/(!) 
issued on 
4. Plant protection organization of 
to plant protection organization(s) of 
5. Place of origin 
(3) 
8. Distinguishing marks; number and description (4) of packages; name of produce; 
botanical name of plants 9. Quantity declared (s) 
10. THIS IS TO CERTIFY that the plants or plant products described above 
— were imported into (name of country) from (name of country) covered 
by phytosanitary certificate No D original D certified true copy of which is attached to this certificate, 
— are D packed D repacked in EH original D new containers, 
— that based on the D original phytosanitary certificatete D and additional inspection, they are considered to conform with 
the current phytosanitary regulations of the importing country, and 
— that the consignment has not been subjected to the risk of infestation or infection during storage in 
(name of contry) 
11. Additional declaration (*) 
12. Desinfestation and/or disinfection treatment 
13. Chemical (active ingredient) 
15. Duration and temperature 
17. Additional information 14. Date 
16. Concentration 18. Name of authorized officer 
(Signature of officer and stamp of organization) 
(') Member State code. 
(2) Identification number of the certificate. 
(3) For official use only. 
(') Indication of the type of packages. 
(s) To be expressed either by number or weight. 
(6) If there is insufficient space for the whole of the additional declaration, it should be continued on the back of the form.' 
13.7.84 Official Journal of the European Communities NoC 186/11 
Article 2 
1. Member States shall bring into force the laws, regulations or administrative 
provisions necessary to comply with the provisions of this Directive on 1 January 1985. 
2. In respect of points 24 and 25 of Article 1, the date referred to in paragraph 1 may 
be deferred in accordance with the procedure laid down in Article 16 of Directive 
77/93/EEC if it appears that the International Plant Protection Convention as amended 
will not come into force by that date. 
3. 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 B 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(84) 288 final 
(Submitted by the Commission to the Council on 5 June 1984) 
(84/C 186/09) 
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 81/7/EEC(2), the 
Council laid down protective measures against the introduction into the Member States 
of organisms harmful to plants or plant products; 
Whereas it has appeared that it has been impossible to take all measures necessary to 
comply with the provisions of this Directive within the transitional period adopted in 
respect of Greece; whereas a more appropriate date should therefore be fixed for the 
expiry of that period, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
In Article 20 (4) (b) of Directive 77/93/EEC, cl January 1983' is replaced by '1 March 
1985'. 
0) OJNoL26, 31. 1. 1977, p. 20. 
O OJNoL 14, 16. 1. 1981, p. 23.