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
Date: 1992-12-14
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, plant health legislation, protection of plant life

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C 0 M O 2) 559  final 

Brussels, 1A  December  1992 

v ra 

Proposal  for a 

COUNCIL DIRECTIVE 

tern* '  -sfe-amt' -„ 

on protective measures against the introduction  into the  Community 

for a Council Directive amending Directive  77/93/EEC 

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) 

» i i , w »l 

|sfA*S 

_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. 

- 2 -

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 

Whereas the revision of these Annexes has not been completed yet; 

- 3 -

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." 

- 4 -

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. 

This Directive is addressed to the Member States. 

Article 5 

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 

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