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C0MO2) 559 final 
Brussels, 1A December 1992 
Proposal for a 
COUNCIL DIRECTIVE 
for a Council Directive 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, and Directive 91/683/EEC amending 
Directive 77/93/EEC 
(presented by the Commission) 
_Js± -
EXPLANATORY MEMORANDUM 
By Directive 91/683/EEC, amending Directive 77/93/EEC, the Council 
established the Community plant health regime applicable to the Community 
as an area without internal frontiers. 
According to the provisions of the abovementioned Directive many of them 
shall apply with effect from 1 January 1993, whilst Member States shall 
bring into force the laws, regulations or administrative provisions 
necessary to comply with them six months after the revision of Annexes I to 
V to Directive 77/93/EEC. However, the revision of the annexes I to IV has 
not been completed yet, which implies an element of uncertainty about the 
actual date of implementation of the aforesaid provisions. 
This proposal specifies the precise date of implementation at the earliest 
possible time and makes it possible to adopt, in accordance with the 
established Standing Committee procedure, appropriate conservatory measures 
which are necessary to apply the previous Community plant health regime 
during the transitional period starting with the coming into force of the 
provisions ensuring an area without internal frontiers on 1 January 1993, 
and expiring on the date of implementation of the other provisions. 
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Commission Proposal 
for a Council Directive 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, and Directive 91/683/EEC amending 
Directive 77/93/EEC 
^THE COUNCIL OP THE EUROPEAN JQOMKUNXTIES, 
•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, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas 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(*), as last amended by Council Directive 92/98/EEc(2), has 
established, in particular by amending Directive 91/683/EEC(3), the 
Community plant health regime applicable to the Community as an area 
without internal frontiers; 
Whereas many of the provisions shall apply with effect from 
1 January 1993, whilst Member States shall bring into force the laws, 
regulations or administrative provisions necessary to comply with them six 
months after the revision of Annexes I to V to Directive 77/93/EEC; 
(1) OJ No L 26, 31.01.1977, p. 20. 
(2) OJ No L 
(3) OJ No L 376, 31.12.1991, p. 29 
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Whereas the revision of these Annexes has not been completed yet; 
Whereas this situation implies an element of uncertainty about the actual 
date of implementation of the aforesaid provisions, as well as the risk of 
an unacceptable delay in that implementation, in particular of those 
ensuring an area without internal frontiers in the field of plant health; 
Whereas it is essential to provide for appropriate legal security and to 
ensure that the provisions are implemented at the earliest possible date, 
without prejudice to the coming into force of those ensuring an area 
without internal frontiers, within the meaning of Article 8a of the Treaty; 
Whereas the precise date of implementation should be specified; 
Whereas, moreover, it should be made possible to adopt, in accordance with 
an established Standing Committee procedure, appropriate conservatory 
measures which are necessary to apply the previous Community plant health 
regime during the transitional period starting with the coming into force 
of the provisions ensuring an area without internal frontiers on 
1 January 1993, and expiring on the date of implementation of the other 
provisions; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The dates referred to in Articles 1(5), 3(4), 4(2)(a) and (4), 5(2) and 
(4), 6(4), (5) and (9), 10(1), (2)(a), (2)(b) and (5) and 12(6), (7) and 
(8) of Directive 77/93/EEC are hereby replaced by 1 June 1993 respectively. 
Article 2 
Article 3(1) first sentence of Directive 91/683/EEC shall be replaced by 
the following: 
"Member States shall bring into force the laws, regulations or 
administrative provisions necessary to comply with this Directive on 
1 June 1993." 
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Article 3 
Conservatory measures which are necessary to apply the Community plant 
health regime during the transitional period from 1 January 1993 to 
31 May 1993 may be adopted in accordance with the procedure laid down in 
Article 16a of Directive 77/93/EEC. 
Article 4 
1. Member States shall bring into force the laws, regulations or 
administrative provisions necessary to comply with this Directive on 
1 January 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 laws which they adopt in the field governed by 
this Directive. The Commission shall inform the other Member States 
thereof. 
Article 5 
This Directive is addressed to the Member States. 
Done at Brussels, For the Council 

r 
ISSN 0254 1475 
COM (92) 559 final 
DOCUMENTS 
EN 05 03 
Catalogue number : CB-CO-92-580-EN-C 
ISBN 92-77-50753-5 
Office for Official Publications of the European Communities 
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