*£$&$ COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 647 final 
*« ^"^ m Brussels, 22 January 1990 
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 
•%lfe 
(presented by the Commission) 
EXPLANATORY NOTE 
B¥ Directive 77/93/EEC (1) the Council laid down protective 
ipeaSUreg gainst the introduction into the Member States of 
OtglttliSffiS k&r&ful to plants or plant products. The protection of 
pla&ts 09 $tlA9ffb products against such organisms is absolutely 
neçessas^ to increase agricultural productivity, whloh is one of 
the objectives: of the Common Agricultural Policy. 
One Of the main aims of the Community plant health regime is to 
facilitate trade in plants and plant products. It is based on 
harmonized plant health standards and on the mutual recognition 
by Member States of certificates issued by exporting Member 
States. The present Directive covers intra-Community trade as 
well as third country imports. 
The Community plant health regime in its present form will no 
longer be appropriate for the circumstances of the Community in 
1993, as portrayed in the Commission's White Paper "Completing 
the internal Market" (2). According to the White Paper, the 
internal market must be completed by the abolition of all 
physical barriers to trade, in particular those controls imposed 
at customs posts or other checkpoints at frontiers between Member 
States. 
To achieve this objective in the field of plant health, the White 
Paper proposes a number of specific steps, listed in its Annex, 
which are further explained in the Commission's Communication "A 
New Strategy in the field of Plant Health" (3). 
(1) OJ No L 26, 31.1.1977, p. 20. 
(2) C0M(85) 310 final. 
(3) C0M(87) 97 final. 
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While most of these steps are the subject of a separate, more 
general proposal, the present proposal is intended to establish 
the legislative framework for one particular step, listed as 
"establishment of certain rules of liability in respect of plant 
health" in the Annex to the White Paper (p. 10). 
The proposal contains two essential elements: 
1. It provides for a system of Community financial assistance to 
contribute towards public expenditure incurred by a Member 
State in taking specific measures to control or eradicate 
organisms harmful to plants or plant products, introduced from 
another Member State through intra-Community trade in plants 
or plant products under the Community plant health regime. 
2. It also establishes a system under which the consignor Member 
State shall refund any Community financial contribution and, 
in certain cases, part also of the expenditure of control or 
eradication incurred by the infected Member State, in cases 
where it is established that the inspections or examinations 
required under the Community plant health regime were carried 
out inadequately in that Member State. 
The first element should make plant health standards set up at 
Community level more acceptable as a replacement for national 
risk assessment. 
The second element should encourage a correct application of 
Community rules, thus contributing to the establishment of the 
mutual confidence between Member States necessary for abolition 
of all plant health import checks. 
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The proposal provides for a regulatory committee procedure for 
determining plant health measures which may appear necessary in 
addition to those taken immediately by the Member State infected 
The decision to propose a regulatory committee in this case is 
without prejudice to future Commission proposals relating to 
decision-making procedures. The consultative committee procedure 
applies for the exercise of all other powers delegated to the 
Commission. 
This proposal forms part of a wider strategy, which will be 
completed by other proposals to be submitted to the Council at 
about the same time, including proposals containing plant health 
standards for particular sorts of material (for example, young 
vegetable plants and fruit plants). Together the proposals will 
define the Community plant health regime after 1992. It is 
recognised that amendments may in future need to be made to this 
proposal in order to maintain coherence with other proposals. 
The proposal would have no impact on small or medium-sized 
enterprises. 
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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 
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 (1), 
Having regard to the opinion of the European Parliament (2), 
Whereas by Directive 77/93/EEC (3), as last amended by Directive 89/439/ttC 
(4), 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 completion of the Single Market at the end of 1992 will entail the 
application of the Community plant health regime established by Directive 
77/93/EEC, with effect from that time, to the Community as an area without 
internal frontiers; 
(1) OJ No C ... 
(2) OJ No C ... 
(3) OJ No L 26, 31.1.1977, p. 20. 
(4) OJ No L 212,iSU*. 1989, p. 106. 
6 -
Whereas in addition to other measures adopted to ensure effective application 
of the Community plant health regime in the Single Market, it is necessary to 
establish a system of Community financial assistance to share at Community 
level the burden of possible risks which might remain in trade under the 
Community plant health regime; 
Whereas such system should provide for adequate contributions to certain 
expenses for specific measures which Member States have adopted to control 
infections by harmful organisms introduced from another Member State; 
Whereas the details of the mechanism for granting the Community financial 
assistance should be determined under a rapid procedure; 
Whereas it must be ensured that the Commission is informed in full of the 
possible causes for the introduction of the harmful organisms concerned; 
Whereas, in particular, the Commission shall monitor correct application of 
the provisions of the Community plant health regime by the responsible public 
servants of the Member States; 
Whereas a system of refunding for expenses of the type referred to in the 
system of Community financial assistance should be established, in order to 
increase the incentives for a correct application of Community rules; 
Whereas, should it be established that the introduction of the harmful 
organisms has been caused by inadequate examinations or inspections in another 
Member State, that Member State should refund the payments made under the 
Community financial assistance, 
HAS ADOPTED THIS DIRECTIVE: 
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After Article 19a of Directive 77/93/EEC the following Articles are inserted: 
Hôiticle.l2b 
In the case of the spread of harmful organisms through plants, plant 
products and other objects moving in intra-Community trade, Member States 
may receive financial assistance from the Community pursuant to the 
provisions of Article 19c, for the purpose of controlling these harmful 
organisms and within the limits of appropriations available for that 
purpose in the Community budget. 
ÔIîicle_12c 
1. Where it is established that one or more of the harmful organisms 
listed in Annex I or Annex II were introduced into a Member State 
where the organisms concerned have not been known to occur, through 
consignments of plants, plant products or other objects coming from 
another Member State, the first mentioned Member State may receive 
financial assistance from the Community for expenses resulting from 
official measures which that Member State has adopted to control the 
harmful organisms concerned. 
2. The official measures referred to in paragraph 1 shall be considered 
to mean: 
destruction, disinfection, disinfestation, sterilisation or any 
other treatment carried out officially or upon official request, 
in respect of the consignment through which the harmful organisms 
were introduced, as well as in respect of plants, plant products 
or other objects which have been in contact with the consignment 
concerned or with parts thereof, or which are otherwise suspected 
to be potentially contaminated by, or potential carriers of, the 
harmful organisms introduced; 
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disinfection, disinfestation, sterilisation, cleaning or any 
other treatment carried out officially or upon official request, 
in respect of growing medium, buildings, premises or equipment, 
which have been in contact with the consignment concerned or with 
parts thereof, or which are otherwise suspected to be potential 
carriers of the harmful organisms introduced; 
inspections or testing carried out officially or upon official 
request, to monitor the presence, or the extent, of the harmful 
organisms introduced; 
official orders relating to prohibitions or restrictions in 
respect of the use of land, premises, plants or plant products on 
the grounds of plant health risks related to the harmful 
organisms introduced. 
3. The expenses referred to in paragraph 1 shall be considered to mean 
payments made from appropriations contained in a public budget, in 
order 
to cover the costs of the measures described in paragraph 2 
first, second and third indent, other than those related to the 
current functioning of the authority or official body concerned, 
or 
to compensate for losses resulting from one or more of the 
measures mentioned in paragraph 2 fourth indent. 
4. The Member State concerned shall inform the Commission and the other 
Member States of the measures taken and the results achieved thereby 
as well as of the expenses incurred, without delay. 
5. The grant of Community financial assistance shall be decided in 
accordance with the procedure laid down in Article 17a. 
This assistance may cover up to 50 X of the expenses; it may be 
divided into several instalments. 
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The level shall be calculated on the basis of documentary evidence 
submitted by the Member State concerned. In case of doubt, 
investigations may be organized by the Commission, to be n*?;de under 
its authority, by the experts referred to in Article 19a. 
6. In the light of the development of the situation in the Community, it 
may be decided, in accordance with the procedure laid down in Article 
16a, that further action shall be carried out or that further 
measures adopted by the Member State concerned shall be subjected to 
certain requirements or conditions, as may be considered necessary 
for the achievement of the aim in view. 
The grant of Community financial assistance for such further action 
or measures shall be decided at the same time, in accordance with the 
procedure laid down in Article 17a. The provisions of paragraph 5 
shall apply accordingly, with the exception of that related to the 
50 % limit. 
7. The grant of Community financial assistance shall be without 
prejudice to rights of the Member States concerned, or of 
individuals, against others for the refunding of expenses, losses or 
other damages under national law, general Community law or 
international law. To the extent that these expenses, losses or other 
damages are covered by Community financial assistance, these rights 
shall be ceded to the Community. 
ÔIilclfi_12d 
1. The Member State from which the consignment carrying the harmful 
organisms came shall inform the Commission, on its request, and without 
delay, of all details relating to the origin or origins of that 
consignment and its administrative handling. For the purpose of 
completing that information, investigations may be organized by the 
Commission, to be made under its authority, by the experts referred to in 
Article 19a. 
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2. Where it is established, on the basis of the information obtained 
pursuant to paragraph 1, that the non-compliance of the consignment with 
the provisions of this Directive was not detected in the Member State 
referred to in that paragraph, because of wilfully or negligently 
inadequate examinations pursuant to Article 6, or inspections pursuant to 
Article 12(1), by responsible public servants of that Member State, that 
Member State shall refund the Community for the Community financial 
assistance granted pursuant to Article 19c. For the purpose of this 
provision, inadequate examinations or inspections shall, in the absence 
of proof to the contrary, be deemed to be at least negligently inadequate. 
In the case of refunding, the Community shall cede all possible rights 
acquired under Article 19c(7) to the refunding Member State. 
Moreover, the refunding is without prejudice to rights of the refunding 
Member State under national law against legal or natural persons, 
including the responsible public servants concerned, for reimbursement of 
that refunding. 
3. In accordance with the procedure laid down in Article 17a, it may be 
decided that the Member State shall also refund the Member State referred 
to in Article 19c for all or part of the expenses not covered by the 
Community financial assistance.** 
Afiiçle.2 
1. Member States shall bring into force the laws, regulations or 
administrative provisions necessary to comply with this Directive by 1 
January 1991. 
The provisions adopted pursuant to the first subparagraph shall make 
express reference to this Directive. 
2. Member States shall immediately communicate to the Commission all 
provisions of national law which they adopt in the field governed by this 
Directive. The Commission shall inform the other Member States thereof. 
âlîi£le_2 
This Directive is addressed to the Member States. 
Done at 
For the Council 
a proposal ^or a Council Oirective amercing Directive r?/9i/ctC on protect. v« ..c*ui«u **«..-
•ntraajct-icr, ---? -.he .^temtor States of organisms harmful to plants or plant products ("Liability'") 
1. 3adç«t aaadtnç : III 3 Iti 38 CD Title : (.new) Plant disease control and eradication pro­
grammes in the Carnu-iity CI) 
2. Laçai aasls : Article 43 of the Treaty 
3. Classification Ofc»m00gnt^lg><tttt%/*on-ccapul tory axp«*dl tiara 
4. Purpo$a/d«scription af tfca aaasura : Ccrmunity financial assistance for public expenditure on measures; 
tc control or eradicate organisms harmful to plants or plant products which may become established 
ir. -rrr-irrfected areas cf the Camunity ir. the course of intra-Ccmnunity trade under the Community 
plart healtn regime. 
b. %thod c? La.ô-LKW i 
5.1. =orm cf expenditure: Expenditure or. destruction, disinfection, sterilisation and other treatment 
c* plarrts/olant products, buildings or equipment, on special inspections and tests and on compen­
sation for losses caused by prohibitions and restrictions. 
5.2 Cauunity contribution : up to 50 X for measures adopted immediately by the member state interested; 
_c to 1X X for any farther measures decided upon at Ccnnurity Level 
5.3 Calculation : -Bestruction, disinfection, sterilisation, other treatment 
per case 
-Special insœcticn/tests çer case 
-Compensation for Cor, average) 5 growers per case 5 x 40,000 ECU 
Estimated cost per case cf Community contribution 
GLobaL cost en the assuxt'er, zr three cases per year : 3 x 300,000 = "%Ô,"CÔÔ" ECU 60,000 ECU 
40,000 ECU 
= 200,000 ECU 
300,000 ECU 
5. Fioaac'.al iacHcitlon as ragaràs operating appropriations 
5." Schadula of coMlbani appropriai iocs and payaant appropriations (• ECU) 
Taar C.A./P.A. 
13S9 
1590 
1391 90C,0CO 
1592 900,000 
S93 900,000 
foiledng ytart : likely to remain stable 
Total 91-93 2,70Q,qOO_ 
5.2 Firuncinç éurinç cwraet yaar : NHL 
?. Desarratio*s : This measure forms part of a proposal covering: the item "Liability" in the Amex to 
the Commission's i*ntt Paper "Completing the Internal Harfcet" 
lists tc be trestsc in the framework ?f the establishment of the 1991 budget. 
••£ // 
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Statement of Impact on small or medium-sized enterprises 
This proposal is concerned with financial arrangements between 
the governments of Member States and the Community relating to 
the costs of dealing with certain outbreaks of plant diseases and 
with the transfer of responsibility for taking certain plant 
health measures from Member States to the Community. It would 
have no impact on small or medium-sized enterprises. 
M 
ISSN 0254-1475 
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COM(89) 647 final 
DOCUMENTS 
EN 05 03 
Catalogue number : CB-CO-89-617-EN-C 
ISBN 92-77-56290-0 
Office for Official Publications of the European Communities 
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