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
Date: 1993-03-16
Institutions: European Commission
Subjects: Canary Islands, parasitology, plant disease, plant health control, plant health legislation, protection of plant life

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

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C0MC93) 99  final 

Brussels, 16  March  1993 

Proposal  for a 

COUNCIL DIRECTIVE 

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introduction  into the Community  of organisms harmful  to plants 

amending Directive  77/93/EEC on protective measures  against  the 

or plant  products and against  their  spread within the  Community 

(presented  by  the Commission) 

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EXPLANATORY HEKQBAMDUH 

By Directive 77/93/EEC, the Council  laid down protective measures  against 

the introduction  into the Community  of organisms harmful to plants or plant 

products and against their spread within the Community. 

This proposal brings the Canary  Islands within the scope of the Directive, 

with additional provisions to protect the special  nature of their 

agricultural production. 

This proposal  also adapts the provisions relating to the derogations  from 

the general rules provided  for in Article  14, to the objectives of the 

internal market. 

-  2 -

PROPOSAL FOR A COUNCIL DIRECTIVE 

Of 

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 

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(*•), 

Having regard to the Opinion of the European  Parliament(2)f 

Having regard to the Opinion of the Economic and Social  Committee(^), 

Whereas Council Regulation  (EEC) No 1911/91 of 26 June  1991 on the 

application of the provisions of Community  law to the Canary  Islands(^) 

integrates the Canary  Islands into the Community's customs territory and 

into the common policies; whereas, under Articles 2 and  10 of the 

abovementioned  Regulation, application of the common agricultural policy is 

subject to the entry  into force of specific supply arrangements; whereas 

such application must also be accompanied by specific measures  concerning 

agricultural production; 

(1) OJ No L 
(2) OJ No L 
(3) OJ No L 
(4) OJ No L  171,  2 5.6.1991, p. 1, Regulation as amended b-

Ho ".84/92  (0-; No L 31, 7.2.1992, p. 6) 

-  3 -

Whereas Council Decision 91/314/EEC of 26 June  1991 setting up a programme 

of options specific to the remote and  insular nature of the Canary  Islands 

(Poseican)(5) outlines the options to be implemented  to take account of 

the specific problems and constraints  faced by the Islands; 

Whereas these measures  involve the adaptation of 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 he Community^),  as last  amended 

by Directive 92/103/EECt7) to accomodate the specific plant  health 

situation  in the Canary Islands; 

Whereas  it has become necessary to adapt the provisions  relating to the 

derogations  from the general  rules provided  for in Article  14 of the said 

Directive, to the objectives of the  internal market; whereas  it is 

accordingly  necessary to amend Articles 5, 6, 10 and  12 of the said 

Directive; 

HAS ADOPTED THIS DIRECTIVE: 

Directive 77/93/EEC  is hereby  amended  as follows: 

1. Article  1 is amended  as follows: 

Article 1 

a) 

In paragraph  2 the words  "the Canary  Islands" are deleted. 

b)  The  following paragraph  is added: 

"3a 

This Directive  shall  also concern protective measures  against 

the introducion of harmful  organisms  into the Canary  Islands 

from other parts of Spain and, conversely,  into other  parts 

of Spain  from the Canary Islands." 

c) 

In paragraph  4 the words  "and  in the Canary  Islands" are  inserted 

after the words  "French overseas departments". 

(S)  OJ  Mo L 171, 29.06.1991, p. 5. 
J6) OJ  Uo  L  26,  31,01.1977, p. 20. 
(7v oj No  1, 363,  11.12.1992, p  1. 

- 4 -

2.  In Article 5(4), the following  sentence shall be added: 

"This paragraph  shall not apply to the movement  of small quantities of 

plants, where they are intended  for consumption during transport, 

provided that there  is no risk of harmful organisms  spreading." 

3. In Article 6(4), the following  sentence shall be added: 

"Paragraphs  1, 2 and 3 shall not apply to the movement  of small 

quantities of plants where they are intended  for consumption  during 

transport, provided  that there is no risk of harmful  organisms 

spreading." 

4.  In Article  10(2),  the  following  sentence shall be added: 

"Paragraphs  (a) and  (b) shall not apply to the movement  of small 

quantities of plants where they are intended  for consumption  during 

transport, providing that there  is no risk of harmful  organisms 

spreading." 

5. In Article  12(3),  the following paragraph  shall be added: 

"(b) provided  that there is no risk of harmful organisms  spreading: 

paragraphs  (1) and  (2) shall not apply where plants, plant 

products or other objects are directly moved  between two places 

within the Community  via the territory of a non-member  country; 

paragraphs  (1) and  (2) and Article 4(1) shall not apply  in the 

case of transit  through the territory of the Community; 

paragraphs  (1) and  (2) shall not apply  in the case of small 

quantities of plants, where they are intended  for  consumption 

during transport." 

6.  In Article 14: 

paragraphs  1, 2 and 6 are deleted; 

paragraph  3, first  subparagraph, the words  "in so far as such 

derogations are not yet allowed  under paragraph  1" are deleted; 

-  5 -

paragraph 3, first subparagraph,  first  indent, the references to 

"Annex III, Part A9" and  "Annex  IV Part A24a" shall be replaced by 

a reference to "Annex  III, Part A(10)"  and  "Annex  IV, Part A, 

section  11(19.2)"  respectively; 

paragraph  3, first subparagraph, second  indent, the reference to 

"Annex  IV, Part A" shall be replaced  by a reference to  "Annex IV, 

Part A, Section  I"; 

paragraph 4, the reference to  "1(b)(c) and" shall be deleted  and 

the reference to "3" shall be replaced by  " 1"; 

paragraph  5, the reference to "paragraph  1(c) or" shall be deleted 

and the reference to "3" shall be replaced  by "1"; 

paragraphs  3, 4 and  5 are renumbered  and become paragraphs  1, 2 and 

3  respectively. 

Article 2 

1. Member States shall bring  into force the  laws, regulations or 

administrative  provisions necessary to comply with this Directive by 

1 June 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  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. 

Article 3 

Done at Brussels, 

For the Council, 

ISSN 0254-1475 

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