COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 225 flna 
Brussels, 24 June 1991 
Amendment to the 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 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
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EXPLANATORY MEMORANDUM 
At its session of 12 March 1991, the European Parliament delivered its opinion 
on the Commission proposal contained in document C0M(89)646 Final, concerning 
a 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 present amended proposal takes into account amendments suggested by the 
European Parliament on which the Commission has taken a favourable posit ion. 
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Amendment to the 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 
In response to the opinion delivered by the European Par Iiament^1) on the 
proposal for a Council Directive sent by the Commission to the Council on 21 
December 1989 amending Directive 77/93/EEC on protective measures against the 
introduction into the Member States of organisms harmful to plants or plant 
products, and in accordance with the third paragraph of Article 149 of the 
Treaty establishing the European Economic Community, the Commission has 
decided to amend the aforementioned proposal as follows: 
1. Addition of a new recital (11a) after the eleventh recital: 
Whereas, in order to cope with the new situation created by the 
completion of the single market with the necessary guarantees, it is 
essential to reinforce the plant health infrastructure at national and 
Community level at the Community's external frontiers, paying particular 
attention to those Member States which, by reason of their geographical 
situation, are points of entry to the Community; whereas the Commission 
will propose the inclusion in the Community budget of the necessary 
appropriations for that purpose; 
2. Addition of a new recital (11b) after the eleventh (a) recital: 
Whereas, with a view to improving the efficiency of the Community plant 
health regime in the context of the Single Market, the Member States 
should standardize the practices of the personnel responsible for plant 
health: whereas the Commission will submit, by 1 January 1993. a 
Community code of plant health practice; 
(1) 
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3. Article 1(3): second indent of Article 2(1)(f) of Directive 77/93/EEC is 
amended as follows: 
- officially issued or endorsed, either by the competent national 
authority or by other public or private sector agents acting by 
delegation from that authority and/or under its supervision for that 
purpose. 
4. Article 1(4): first indent of Article 2(1)(h) of Directive 77/93/EEC is 
amended as follows: 
- in which one or more harmful organisms referred to in this Directive, 
which are established in one or more parts of the rest of the Community, 
are not known to occur or to represent an endemic disease, despite 
favourable conditions for them to establish there, and 
5. Art icle 1(4): first subparagraph, second indent of Article 2(1)(i) of 
Directive 77/93/EEC is amended as follows; 
- either by such representatives or public servants, or by 'qualified 
agents* acting through delegation from and/or under the authority of the 
competent public bodies of a Member State. 
6. Article 1(4): third subparagraph of Article 2(1)(i) of Directive 77/93/EEC 
is amended as follows: 
The Commission shall coordinate at Community level the training of 
persons employed as 'qualified agents' and shall contribute to the 
financing of the training of those agents. It shal I propose the 
inclusion of the necessary appropriations for that purpose in the 
Community budget. 
7. Art icle 1(8): is amended as follows: 
In Article 5, the second sentence of paragraph 1 j_s_ deleted. 
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8. Article 1(14): Article 6(4)(a) of Directive 77/93/EEC is amended as 
fo11ows; 
They shall extend to relevant plants or plant products grown, produced or 
used by the producer of otherwise present on his premises as well as to 
the growing medium used there. 
9. Article 1(14): Article 6(4)(d) of Directive 77/93/EEC is amended as 
fo11ows: 
They shall be made by visual observation where this is deemed 
suff icient: in case of doubt, as well as in cases specified in Annex IV, 
they shall be made by appropriate testing on appropriate samples taken 
on the premises, preferably taken at the place of production. 
10. Article 1(16); a new paragraph 3(a) is added after paragraph 3 of 
Article 10 of Directive 77/93/EEC 
3a. A plant passport may correspond to one or various plants, of one or 
various plant species included in the same consignment and way be 
divided, at any t Mne and in any part of the Community, into various 
passports, according to the substitution procedures provided for in 
Article 10(9), 
11. Article K1S): Article 10(a)(2) of Directive 77/93/EEC is amended as 
fOllOWS: 
2. In the aaecial cases where it is estabIished, taking into account the 
nature of the findings made in the examination concerned, that part of 
the plants or plant products grown, produced or used by the producer 
or otherwise present on his premises, or part of the growing medium 
used there, cannot present any risk of spreading harmful organisms, 
the provisions of paragraph 1 shall not apply to that part. 
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12. Article 1(24): Parts A(2) and A(3) of Annex V of Directive 77/93/EEC are 
amended as fol lows: 
- (2). deleted -
- (3). seed potatoes. 
13. Article 1 : A new point (25)(a) is added after point (25): 
- 25a.Annex V, Part B, paragraph 2(b) of Directive 77/93/EEC shall read as 
fo11ows: 
(b) Fresh fruits of: 
Citrus, including lemons (Citrus limon (L.) Burm. and Citrus medica 
Cydon i a, 
Ma Ius, 
Prunus, 
Pyrus. 
14. Article 2(1): is amended as follows: 
1. Member States shall bring into force the laws, regulations or 
administrative provisions necessary to comply with this Directive by 1 
January 1993. The provisions adopted pursuant to the first 
subparagraph shall make express reference to this Directive. 
They shall forthwith inform the Commission thereof. 
Done at Brussels, For the Council 
The President 
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ÏSSN 0254-1475 
COM(91)225finai 
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