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
Date: 1990-01-22
Institutions: European Commission
Subjects: crop production, parasitology, plant health control, plant health legislation, protection of plant life, third country

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

*£$&$ 

C0MC89) 647 final 

Brussels, 22 January  1990 

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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 

(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) 
(2) 
(3) 

OJ No L 26, 31.1.1977, p. 20. 
C0M(85) 310 final. 
C0M(87) 97 final. 

- 3 -

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. 

- 4 -

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. 

- 5 -

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: 

- 7 -

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; 

- 8 -

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. 

- 9 -

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. 

- M -

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. 

This Directive is addressed to the Member States. 

âlîi£le_2 

Done at 

For the Council 

a  proposal  ^or  a  Council  Oirective  amercing  Directive  r ? / 9 i / c tC  on  p r o t e c t. v«  . . c * u i «u 
•ntraajct-icr,  ---?  -.he  .^temtor  States  of  organisms  harmful  to  plants  or  plant  products 

* * « . .-

( " L i a b i l i t y ' ") 

1.  3adç«t  aaadtnç  :  I II  3 

I ti 

38  CD  Title  : 

(.new)  Plant  disease  control  and  eradication  p r o 

grammes  in  the  Carnu-iity  CI) 

2.  Laçai  aasls  : 

A r t i c le  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  f i n a n c i al  assistance  f or  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 
p l a rt  healtn  regime. 

b.  %thod  c?  L a . ô - L KW  i 
5 . 1.  =orm  cf  expenditure:  Expenditure  or.  destruction,  d i s i n f e c t i o n,  s t e r i l i s a t i on  and  other  treatment 
c*  plarrts/olant  products,  buildings  or  equipment,  on  special  inspections  and  t e s ts  and  on  compen 
sation  for  losses  caused  by  prohibitions  and  r e s t r i c t i o n s. 

5.2  Cauunity  contribution  :  up  to  50  X f or  measures  adopted  immediately  by  the  member  state  i n t e r e s t e d; 

_c  to  1X  X  f or  any  f a r t h er  measures  decided  upon  at  Ccnnurity  Level 
5.3  Calculation  :  -Bestruction,  d i s i n f e c t i o n,  s t e r i l i s a t i o n,  other  treatment 

per  case 
-Special  i n s œ c t i c n / t e s ts  çer  case 
-Compensation  f or  Cor,  average)  5  growers  per  case  5  x  40,000  ECU 
Estimated  cost  per  case  cf  Community  c o n t r i b u t i on 
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 

Fioaac'.al  iacHcitlon  as  ragaràs  operating  appropriations 

5. 
5."  Schadula  of  c o M l b a ni  appropriai iocs  and payaant  appropriations  (•  ECU) 

Taar 
13S9 
1590 
1391 
1592 
S 93 
f o i l e d ng  ytart 

C.A./P.A. 

90C,0CO 
900,000 
900,000 

: 

l i k e ly  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  " L i a b i l i t y"  in  the  Amex  to 

the  Commission's  i * n tt  Paper  "Completing  the  I n t e r n al  Harfcet" 

lists  tc  be  trestsc  in  the  framework  ?f  the  establishment  of  the  1991  budget. 

••£ 

// 

-12 -

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 

-  13  -

ISSN 0254-1475 

COM(89) 647 final 

DOCUMENTS 

EN 

05 03 

Catalogue number : CB-CO-89-617-EN-C 

ISBN 92-77-56290-0 

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