Proposal for a Council Directive on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (consolidated version)
Date: 1997-12-05
Institutions: European Commission
Subjects: agricultural policy, codification of EU law, crop production, plant disease, plant health control

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 05.12.1997 
COM(97) 651  final 

97/0338 (CNS) 

Proposal for a 

COUNCIL PIRECUVJE 
on protective measures against the introduction into the Community of organisms harmful 
to plants or plant products and against their spread within the Community 

f consolidated version) 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

In  the  context  of  people's  Europe,  the  Commission  attaches  great  importance  to  simplify 
ing  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more  accessible  to  the 
ordinary  citizen,  thus  giving  him  new  opportunities  and  the  chance  to  make  use  of  the 
specific  rights  it  gives  him. 

This  aim  cannot  be  achieved  so  long  as  numerous  provisions  have  been  amended  several 
times,  often  quite  substantially,  remain  scattered,  so  that  they  must  be  sought  partly  in  the 
original  instrument  and  partly  in  later  amending  ones.  Considerable  research  work,  com 
paring  many  different  instruments,  is  thus  needed  to  identify  the  current  rules. 

For  this  reason  a  consolidation  of  rules  that  have  frequently  been  amended  is  also  essen 
tial  if  Community  law  is  to  be  clear  and  transparent. 

2.  On  1 April  1987  the  Commission  therefore  decided  to  instruct  its  staff  that  all  legislative 
measures  should  be  consolidated  after  no  more  than  ten  amendments,  stressing  that  this 
was  a  minimum  requirement  and  that  departments  should  endeavour  to  consolidate  at 
even  shorter  intervals  the  texts  for  which  they  were  responsible,  to  ensure  that  the  Com 
munity  rules  were  clear  and  readily  understandable. 

3. 

The  Conclusions  of  the  Presidency  of  the  Edinburgh  European  Council  (December  1992) 
confirmed  this, stressing  the  importance  of  legislative  consolidation  as  it  offers  certainty  as 
to  the  law  applicable  to  a  given  matter  at  a  given  time. 

It  must  be  undertaken  in  full  compliance  with  the  normal  Community  legislative  pro 
cedure. 
Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by  legislative 
consolidation.  Parliament,  the  Council  and  the  Commission  have  agreed,  by an  interinstitu-
tional  agreement  dated  20 December  1994, that  an  accelerated  procedure  may  be  used  for 
the  fast-track  adoption  of  codification  instruments. 

4.  The  purpose  of  this  proposal  (l)  for  legislative  consolidation  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  the  Community  is  to  undertake  official  codification  of  this  type.  The  new  directive 
will  supersede  the  various  directives  incorporated  in  it  (2);  their  content  is fully  preserved, 
and  they  are  brought  together  with  only  such  formal  amendments  as  are  required  by  the 
codification  exercise  itself. 

4a.  Annex  VIII  to  Directive  77/93/EEC  (Annex  VII  to  this  consolidation  proposal)  provides 

for  EEC  numbers  on  plant  health  certificates. 

The  Treaty  on  European  Union  replaced  the  words  'European  Economic  Community'  by 
'European  Community'.  The  same  change  should  be  made  to  the  above  certificates. 

Even  if  this  could  be  regarded  as  a  purely  formal  amendment,  Member  States  will  have  to 
transpose  it  into  national  law  if  certificates  bearing  the  abbreviation  EC  are  to  be  used. 
There  would  also  be  a  risk  of  a  financial  impact  on  operators  if  the  new  certificates  had  to 
be  used  forthwith.  A  period  should  therefore  be  fixed  during  which  the  EEC  certificates 
may  still  be  used. 

(*)  Entered  in  the  legislative programme  for  1995. 
(2)  See part  A of Annex  VIE. 

For  those  reasons  and  since  a consolidation  directive  does  not  have  to  be  transposed,  as 
the consolidated  directives are presumed  to  have been transposed  in the time allowed, the 
amendment  cannot  be  incorporated  in  the  consolidation  proposal  as  a purely  formal  ad 
justment. 

On  7 June  1995 the  Commission  accordingly  presented  a proposal  (COM(95)239  final  -
95/0134 (CNS))  for  amendment  of  Directive  77/93/EEC  to  replace  the  abbreviation  EEC 
by EC on  the  certificates. 

Once that proposal  has been  adopted  by the  Council, it will be possible  to incorporate  the 
amendment  in  the  consolidation  proposal. 

This  legislative  consolidation  proposal  was drawn  up on  the  basis of  a preliminarv conso 
lidation,  in  all  the  official  languages, of  Directive  77/93/EEC  and  the  instruments  amend 
ing it, carried  out by the Office  for  Official  Publications of the European  Communities, by 
means of the data processing system referred  to in the conclusions of the European  Coun 
cil  meeting  at  Edinburgh.  Although  the  articles  have  been  given  new  numbers,  the  old 
numbering  has been  retained  in the  margin  for  ease of  reference;  the correlation  between 
the  old  and the  new numbers  is shown  in a table set  out  in Annex IX  to the  consolidated 
Directive. 

bis 

Proposal  for  a 

COUNCIL  DIRECTIVE  .. 7.. TEC 

of 

on  protective  measures  against  the  introduction  into  the  Community  of organisms  harmful  to 
plants  or  plant  products  and  against  their  spread  within  the  Community 

91/683/CEE 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European 
Community,  and  in particular  Article  43  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the  opinion  of  the  European  Parlia 
ment (1), 

Having  regard  to  the  opinion  of  the  Economic  and  So 
cial  Committee  (2), 

(1)  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  Com 
munity  (3); whereas  for  the  sake  of  clarity  and  rational 
ity,  it  has  been  amended  on  a  number  of  occasions, 
often  substantively  (4),  it  should  therefore  be  consoli 
dated; 

(2)  Whereas plant production  is very important  to  the  Com 

munity; 

77/93/EEC 

(3)  Whereas plant production yields are consistently reduced 

77/93/EEC 

through  the  effects  of  harmful  organisms; 

(4)  Whereas  the protection  of  plants against  such  organisms 
is  absolutely  necessary  not  only  to  avoid  reduced  yields 
but  also  to  increase  agricultural  productivity; 

(5)  Whereas  aaion  aimed  at  the  systematic  eradication  of 
harmful  organisms within the Community, established by 
the  plant  health  regime  applicable  in  the  Community  as 
an  area  without  internal  frontiers,  would  have  only  li 
mited  effect  if  protective  measures  against  their  intro 
duction  into  the  Community  were  not  applied  at  the 
same  time; 

(6)  Whereas  the  need  for  such  measures  has  long  been  rec 
ognized  and  they  have  formed  the  subject  of  many 
national  regulations  and  international  conventions,  in 
cluding  the  International  Plant  Protection  Convention 
(IPPC)  of  6  December  1951  concluded  at  the  United 
Nations  Food  and  Agricultural  Organization  (FAO), 
which  is of world-wide  interest; 

77/93/EEC 

77/93/EEC 

93/19/EEC 
(adapted) 
77/93/EEC 
(adapted) 

77/93/EEC 
(adapted) 

(!) 

(3) 

(4) 

OJNoC 
OJNoC 
OJ No L 26, 31. 1. 1977, p. 20. Directive as last amended by 
Commission Directive 97/14/EC (OJ No L 87,2.4.1997, p. 17). 
See Annex VOI, Part A. 

77/93/EEC 
(adapted) 

10. 

77/93/EEC 

19. 

77/93/EEC 
(adapted) 

21. 

+ 

10. 

3. 

22. 

3. 

2. 

77/93/EEC 
(adapted) 

85/574/EEC 
(adapted) 

90/168/EEC 
(adapted) 
77/93/EEC 
(adapted) 
90/168/EEC 
(adapted) 

89/439/EEC 
(adapted) 

(7)  Whereas one of the  most  important  measures consists in 
listing  the  particularly  dangerous  harmful  organisms 
whose  introduction  into  the  Community  must  be  pro 
hibited  and  also  the  harmful  organisms whose  introduc 
tion  into  the  Member  States  when  carried  by  certain 
plants  or  plant  products  must  also  be  prohibited; 

(8)  Whereas  the  presence  of  some  of  these  harmful  organ 
isms, when  plants or plant products  are  introduced  from 
countries  in which  these  organisms  occur,  cannot  be  ef 
fectively  checked;  whereas  it  is  therefore  necessary  to 
make  minimum provision for bans on the introduction of 
certain  plants  and  plant  products,  or  to  provide  for 
special  checks  to  be  made  in  the  producer  countries; 

(9)  Whereas such plant  health  checks must  be  limited  to in 
in  non-member 
troductions  of  products  originating 
countries  and  to  cases  where  there  is  strong  evidence 
that  one  of  the  plant-health  provisions  has  not  been  ob 
served; 

(10)  Whereas  it is necessary  to  make  provision  under  certain 
conditions permitting derogations from  a certain  number 
of  provisions;  whereas  experience  has  shown  that  the 
same  degree  of  urgency  may  be  attached  to  a  certain 
number  of  derogations  as  is  attached  to  the  safeguard 
provisions;  whereas  therefore  the  urgency  procedure 
specified  in  this  Directive  should  also  be  made  appli 
cable  to  these  derogations; 

(11)  Whereas temporary safeguard  measures not laid  down in 
this  Directive  should  normally  be  adopted  by  the 
Member  State where  the  problem  originates  in  the  case 
of  imminent  danger  of  the  introduction  or  spread  of 
harmful  organisms;  whereas  the  Commission  should  be 
informed  of  all  events  which  require  the  adoption  of 
safeguard  measures; 

(12)  Whereas given the  importance  of the  trade  in plants and 
plant products between the French overseas  departments 
and  the  remainder  of  the  Community,  it  is  desirable  to 
apply  the  provisions  of  this  Directive  to  them;  whereas 
in view of  the  special  nature  of  the  agricultural  produc 
tion  of  the  French  overseas  departments,  it  is  appropri 
ate  to  provide  for  additional  protective  measures  justi 
fied  on  grounds  of  the  protection  of  health  and  life  of 
plants  therein;  whereas  the  provisions  of  this  Directive 
should  also  be  extended  to  protective  measures  against 
the  introduction  of  harmful  organisms  into  the  French 
overseas  departments  from  other  parts  of  France; 

(13)  Whereas  Council  Regulation  (EEC)  No  1911/91  of  26 
June  1991  on  the  applications  of  the  provisions  of  Com 
munity  law  to  the  Canary  Islands  (*)  integrates  the  Ca 
nary  Islands  into  the  Community  customs  territory  and 
into  the  common  policies; whereas,  under Articles  2  and 
10  of  that  Regulation,  application  of  the  common  agri 
cultural  policy  is  subject  to  the  entry  into  force  of  spe 
cific  supply arrangements; whereas such application  must 
also  be  accompanied  by  specific  measures  concerning 
agricultural  production; 

(14)  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)  (2) 
outlines  the  options  to  be  implemented  to  take  account 
of  the  specific  problems  and  constraints  faced  by  those 
islands; 

(15)  Whereas,  to  accommodate  therefore  the  specific  plant 
health  situation  in  the  Canary  Islands,  it  is  appropriate 
to  extend  the  application  of  certain  measures  of  this  Di 
rective  for  a period  expiring six months  after  the  date  by 
which  Member  States  must  have  implemented  forthcom 
ing  provisions  dealing with  the  Annexes  to  this  Directive 
for.the  protection  of  the  French  overseas  departments 
and  of  the  Canary  Islands; 

(16)  Whereas  it  is  appropriate  to  adopt,  for  the  purposes  of 
this  Directive,  the  model  certificates  approved  under  the 
IPPC,  as  amended  on  21  November  1979, in  a  standard 
ized  lay-out  which  has  been  drawn  up  in  close  cooper 
ation  with  international  organizations;  whereas  it  is  also 
appropriate  to  lay  down  certain  rules  concerning  the 
conditions  in  accordance  with  which  such  certificates 
may  be  issued,  certain  rules  for  the  use  of  previous  mo 
dels  during  a  transitional  period,  and  certification  re 
quirements  in  the  case  of  the  introduction  of  plants  and 
plant  products  from  third  countries; 

(17)  Whereas  in  the  case  of  importations  of  plants  or  plant 
products  from  third countries  the  authorities  responsible 
in  such  countries  for  issuing  certificates  should  be,  in 
principle,  those  empowered  under  the  IPPC  and  it  could 
be  desirable  to  establish  lists  of  these  authorities  for  the 
non-contracting  third  countries; 

(18)  Whereas  the  procedure  applicable  to  certain  types  of 
amendments  to  be  made  to  the  Annexes  to  this  Direc 
tive  should  be  simplified; 

(19)  Whereas  the  scope  of  this  Directive  should  be  clarified 
in  respect  of  'wood'; whereas,  in particular,  it is  useful  to 
follow  the  detailed  descriptions  of  Svood'  set  out  in 
Community  Regulations; 

1. 

94/13/EC 

94/13/EC 
(adapted) 

94/13/EC 
(adapted) 

87/298/EEC 
(adapted) 

85/574/EEC 
(adapted) 

5. 

80/392/EEC 
(adapted) 

6. 

3. 

85/574/EEC 
(adapted) 

88/572/EEC 
(adapted) 

(1)  OJ No L 171,29.6.1991, p. 1. Regulation as last amended by 
Regulation (EEC) No 284/92 (OJ No L 31,7. 2. 1992, p. 6). 

(2)  OJ No L  171, 29. 6. 1991, p. 5. 

(20)  Whereas  certain  seeds  are  not  included  amongst  the 
plants,  plant  products  and  other  objects,  listed  in  the 
Annexes  to this Directive, which  must be  subjected  to a 
plant  health  inspection  in  the  country  of  origin  or  the 
consignor country before  being permitted  to enter  in the 
Community  or  in intra-Coramunity  trade; 

(21)  Whereas it is appropriate  to provide in certain  cases that 
the official  inspection of plants, plant products  and  other 
objects  coming  from  third  countries  should  be  carried 
out  by the  Commission  in the  third  country of  origin; 

(22)  Whereas  the  Community  inspections  must  be  made  by 
experts  employed  by  the  Commission,  and  also  by  ex 
perts  employed  by  Member  States,  whose  services  are 
made  available  to the  Commission; whereas  the  roles of 
these  experts  should  be  defined  in  connection  with  the 
activities  required  under the Community plant  health  re 
gime; 

(23)  Whereas  the  scope  of  the  regime  should  no  longer  be 
restricted  to  trade  between  Member  States  and  third 
countries,  but  should  also  be  extended  to  marketing 
within  single  Member  States; 

(24)  Whereas, in principle, all parts of the Community should 
benefit  from  the  same  degree  of  protection  against 
harmful  organisms; whereas, however, differences  in eco 
logical  conditions  and  in  the  distribution  of  certain 
harmful  organisms must be  taken into account; whereas, 
in  consequence,  'protected  zones'  exposed  to  particular 
plant  health  risks  should  be  defined  and  should  be  ac 
corded  special  protection  under  conditions  compatible 
with  the  internal  market; 

(25)  Whereas  the  application  of  the  Community plant  health 
regime  to  the  Community  as  an  area  without  internal 
frontiers,  and  the  introduction  of  protected  zones  make 
it  necessary  to  distinguish  between  requirements  appli 
cable  to  Community  products  on  the  one  hand  and 
those  applicable  to  imports  from  third  countries  on  the 
other,  and  to  identify  harmful  organisms  relevant  for 
protected  zones; 

(26)  Whereas  the  most  appropriate  place  for  carrying  out 
plant-health  checks  is the  place  of  production; whereas, 
in  respect  of  Community  products,  these  checks  must 
therefore  be made mandatory  at the place of production 
and  should  extend  to all  relevant  plants  and  plant  prod 
ucts  grown,  produced,  used  or  otherwise  present  there, 
and  to the growing medium  used  there; whereas,  for  the 
efficient  operation  of  such  a  system  of  checks,  all  pro 
ducers  should  be  officially  registered; 

2. 

89/359/EEC 
(adapted) 

89/439/EEC 
(adapted) 

89/439/EEC 
(adapted) 

89/439/EEC 

2. 

91/683/EEC 
(adapted) 

3. 

91/683/EEC 

91/683/EEC 
(adapted) 

91/683/EEC 

(27)  Whereas  to  ensure  more  effective  application  of  the 
Community  plant-health  regime  in  the  internal  market,  it 
must  be  possible  to  use,  for  the  purpose  of  plant-health 
checks,  available  official  manpower  other  than  that  of 
Member  States'  official  plant-protection  services,  whose 
training  should  be  coordinated  and  supported  financially 
by  the  Community; 

(2S)  Whereas,  if  the  results  of  the  checks  are  satisfactory,  in 
stead  of  the  phytosanitary  certificate  used  in  interna 
tional  trade,  Community  products  will  bear  a  conven 
tional  mark  ('plant  passport'),  adapted  to  the  type  of 
product,  in  order  to  ensure  its  free  movement  through 
out  the  Community' or  those  parts  thereof  for  which  it  is 
valid; 

(29)  Whereas  the  official  measures  to  be  taken  when  the  re 
sults  of  the  checks  are  not  satisfactory  should  be  speci 
fied: 

(30)  Whereas,  to  ensure  compliance  with  the  Community 
plant-health  regime  in  the  context  of  the  internal  market, 
a  system  of  official  checks  during  marketing  should  be 
established;  whereas  this  system  should  be  as  reliable 
and  uniform  as  possible  throughout  the  Community  but 
should  exclude  specific  controls  at  borders  between 
Member  States: 

(31)  Whereas,  in  the  framework  of  the  internal  market,  prod 
ucts  originating  in  third  countries  should  in  principle  be 
subjected 
to  plant-health  checks  on  first  introduction 
into  the  Community; whereas,  if  the  results  of  the  checks 
arc  satisfactory,  third  country  products  should  be  issued 
with  a  'plant  passport'  ensuring  free  movement  in  the 
same  way  as  Community  products: 

(32)  Whereas,  in  order  to  confront  the  situation  created  by 
the  completion  of  the  internal  market  with  the  necessary 
guarantees,  it  is  essential  to  reinforce  the  plant-health 
inspection 
infrastructure  at  national  and  Community 
level  at  the  Community's  external  frontiers,  paying  par 
ticular  attention  to  those  Member  States  which,  by  rea 
son  of  their  geographical  situation,  are  points  of  entry  to 
the  Community:  whereas  the  Commission  will  propose 
the  inclusion  in  the  General  Budget  of  the  European 
Union  of  the  necessary  appropriations  for  that  purpose; 

(33)  Whereas,  with  a  view  to  improving  the  efficiency  of  the 
Community  plant-health  regime  in  the  context  of  the  in 
ternal  market,  the  Member  States  should  harmonize  the 
practices  of  the  personnel  responsible  for  plant-health; 
whereas  the  Commission  will  submit,  before  1  January 
1993,  a  Community'  code  of  plant-health  practice; 

4. 

91/683/EEC 
(adapted) 

91/6S3/EEC 

10. 

91/6S3/EEC 

11. 

91/683/EEC 

12. 

91/683/EEC 
(adapted) 

13. 

91/683/EEC 
(adapted) 

14. 

91/683/EEC 
(adapted) 

(34)  Whereas  it  is  no  longer  possible  for  Member  States  to 
adopt  any  special  plant-health  provisions  on  the  intro 
duction  into  their  territory  of  plants  or  plant  products 
originating  in  other  Member  States; whereas  all  provi 
sions  on  plant-health  requirements  for  plants  and  plant 
products  should  be  established  at  Community  level; 

(35)  Whereas  it  is  necessary  to  establish  a  system  of  Com 
munity  financial  contributions  to  share  at  Community 
level  the  burden  of possible  risks which might  remain  in 
trade  under  the  Community  plant-health  regime; 

(36)  Whereas  in  order  to  prevent  infections  by  harmful  or 
ganisms introduced  from  third countries, there should be 
a  Community financial  contribution  aimed  at  reinforcing 
the  plant  health  inspection  infrastructure  at  the  Com 
munity's  external  frontiers; 

(37)  Whereas  the  regime  should  also  provide  for  adequate 
contributions  to  certain  expenses  for  specific  measures, 
which  Member  States  have  adopted  to  control  and, 
where  applicable,  eradicate  infections  by harmful  organ 
isms introduced  from  third countries or from  other  areas 
in  the  Community,  and,  where  possible,  to  repair  the 
damage  caused; 

(38)  Whereas  the  details  of  the  mechanism  for  granting  the 
Community  financial  contribution  should  be  determined 
under  a  rapid  procedure; 

(39)  Whereas  it  must  be  ensured  that  the  Commission  is in 
formed  in full  of the possible causes for  the  introduction 
of  the  harmful  organisms  concerned; 

(40)  Whereas  in  particular,  the  Commission  shall  monitor 
correct  application  of  the  Community  plant-health  re 
gime; 

(41)  Whereas should it be established that the introduction of 
the  harmful  organisms  has  been  caused  by  inadequate 
examinations  or inspections, Community  law shall apply 
in  respect  of  the  consequences,  taking  into  account  cer 
tain  specific  measures; 

(42)  Whereas  it  is  appropriate  for  Member  States  and  the 
Commission  to  cooperate  closely  within  the  Standing 
Committee  on  Plant  Health  set  up  by Council  Decision 
76/894/EEC (*); 

(43)  Whereas  this Directive must not affect  the obligations of 
the  Member  States  concerning  the  time-limits  for  trans 
position  and  application  set  out  in Annex  VIII,  Part B, 

HAS ADOPTED THIS DIRECTIVE: 

15. 

91/683/EEC 
(adapted) 

97/3/EC 
(adapted) 

3. 

(adapted) 

10. 

23. 

77/93/EEC 
(adapted) 

0)  OJ No L 340, 9. 12. 1976, p. 25. 

Article  1 

1.  This  Directive  concerns  protective  measures  against 
the  introduction  into  the  Member  States  from  other 
Member  States  or  third  countries  of  organisms  which  are 
harmful  to  plants  or  plant  products. 

It  also concerns: 

(a)  with  effect  from  1  June  1993.  protective  measures 
against  the  spread  of  harmful  organisms  within  the 
Community by means related  to  movements of plants, 
plant  products  and  other  related  objects  within  a 
Member  State; 

(b)  protective  measures against  the  introduction  of  harm 
ful  organisms  into  the  French  overseas  departments 
from  other parts of France  and, conversely, into other 
parts  of  France  from  the  French  overseas  depart 
ments; 

77/93/EEC 
(adapted) 

91/683/EEC-Art  1(2) —93/19/EEC-Art. 1 
(adapted) 

89/439/EEC-Art  1(1) 
(adapted) 

(c)  protective  measures  against  the  introduction  of  harm 
ful  organisms  into  the  Canary  Islands  from  other 
parts  of  Spain  and,  conversely,  into  other  parts  of 
Spain  from  the  Canary  Islands. 

94/13/EC-Art. 1(1) 
(adapted) 

89/439/EEC-Art. 1(1) 
(adapted) 

94/13/EC-Art  1(1) 

I  86/651/EEC-Art. 1  (1) 
'  (adapted) 

91/683/EEC-Art  1(2) 
(adapted) 

2.  Without  prejudice  to  the  conditions  to  be  established 
for  the  protection  of  the  plant-health  situation  existing  in 
certain  regions in the  Community,  taking  into  account  the 
differences  in  agricultural  and  ecological  conditions,  pro 
tective  measures  which  are  justified  on  grounds  of  the 
protection  of  health  and  life  of  plants  in  the  French  over 
seas  departments  and  in  the  Canary  Islands  which  are 
additional  to  those  laid  down  in  this  Directive  may be de 
termined  in  accordance  with  the  procedure  laid  down  in 
Article  18. 

3.  This  Directive  shall  not  apply  to  Ceuta  or  Melilla. 

4.  Each  Member  State  shall  establish  or  designate  one 
single  and  central  authority  responsible,  under  the  control 
of  the  national  government, in  particular  for  coordination 
and  contacts  in  matters  related  to  plant  health  within  the 
context  of  this Directive. The  official  plant  protection  ser 
vice  set  up  under  the  International  Plant  Protection  Con 
vention  (IPPC) shall preferably  be  designated  for  this pur 
pose.  This  authority  and  any  subsequent  change  shall  be 
notified  to  the  other  Member  States  and  to  the  Commis 
sion. 

94/13/EC-Artl(l) 
(adapted) 

5. 
In  respect  of  the  protective  measures  against  the  in 
troduction  of harmful  organisms  from  the  French  overseas 
departments  into other  parts of  France  and  into  the  other 
Member  States and  against  their  spread  within  the  French 
overseas departments, the dates referred  to in paragraph  1 
(a)  of  this Article, Article  3 (4), Article  4  (2)  and  (4), Ar 
ticle  5  (2)  and  (4),  Article  6 (5),  (6)  and  (10),  Article  10 
(1),  (2)  (b)  and  (5)  and  Article  13  (8),  (9)  and  (10)  shall 
be  replaced  by  a  date  which  corresponds  to  the  end  of  a 
six-month  period  following  the  date  by  which  Member 
States must implement forthcoming  provisions dealing with 
Annexes  I  to  V for  the  protertion  of  the  French  overseas 
departments. With  effect  from  the  same  date, paragraph  1 
(b)  and  paragraph  2 of  this Article  snail  be  deleted. 

In  respect  of  the  protective  measures  against  the  in 
6. 
troduction  of  harmful  organisms  from  the  Canary  Islands 
into  other  parts  of  Spain  and  into  the  other  Member 
States  and  against  their  spread  within  the  Canary  Islands, 
the  dates  referred  to  in  paragraph  1  (a)  of  this  Article, 
Article  3 (4),  Article  4 (2)  and  (4),  Article  5  (2)  and  (4), 
Article  6 (5), (6)  and  (10), Article  10 (1),  (2)  (b)  and  (5) 
and  Article  13  (8),  (9)  and  (10)  shall  be  replaced  by  a 
date  which  corresponds  to  the  end  of  a  six-month  period 
following  the  date  by  which  Member  States  must  imple 
ment  forthcoming  provisions  dealing with  Annexes  I  to V 
for  the  protection  of  the  Canary  Islands.  With  effect  from 
the  same  date, paragraph  1 (c) of  this  Article  shall  be  de 
leted. 

Article  2 

77/93/EEC 

1.  For  the  purposes  of  this Directive: 

(a)  plants  shall  be  considered  to  mean  living  plants  and 

85/574/EEC-Art  1(1) 

living parts  thereof,  including  seeds; 

living parts  of plants shall  be  considered  to  include: 

—  fruit  — in the  botanical  sense  — other  than  that 

preserved  by deep  freezing, 

—  vegetables,  other  than  those  preserved  by  deep 

freezing, 

— 

tubers, corms, bulbs, rhizomes, 

—  cut  flowers, 

—  branches with  foliage, 

—  cut  trees  retaining  foliage, 

—  plant  tissue cultures. 

seeds shall be considered  to mean  seeds in the botani 
cal sense, other  than  those  not  intended  for  planting; 

10 

(b)  plant  products  shall  be  considered  to  mean  products 
of  plant  origin,  unprocessed  or  having  undergone 
simple  preparation,  in  so far  as  these  are  not  plants; 

77/93/EEC 

(c)  planting  shall  be  considered  to  mean  any  operation 
for  the  placing  of  plants  to  ensure  their  subsequent 
growth,  reproduction  or  propagation; 

(d)  plants  intended  for  planting  shall  be  considered  to 

85/574/EEC-Art. 1(2) 

mean: 

—  plants  which  are  already  planted  and  are  in 
tended  to  remain  planted  or  to  be  replanted 
after  their  introduction,  or 

—  plants which are  not planted  at  the  time of intro 
duction,  but  are  intended  to  be  planted  there 
after; 

(e)  harmful  organisms  shall  be  considered  to  mean  pests 
of  plants  or  of  plant  products,  which  belong  to  the 
animal or plant  kingdoms, or which  are viruses, myco 
plasmas  or  other  pathogens; 

77/93/EEC — 85/574/EEC- Art. 1(2) 

(f)  plant passport  shall  be considered  to  mean  an  official 
label  which  gives  evidence  that  the  provisions  of  this 
Directive related  to plant  health standards and special 
requirements  are  satisfied,  and  which is: 

91/683/EEC-Art 1(3) 
(adapted) 

—  standardized  at  Community  level  for  different 

types of  plants  or  plant  products,  and 

—  prepared  by  the  responsible  official  body  in  a 
Member  State  and  issued  in  accordance  with  the 
implementing  rules  governing  the  details  of  the 
procedure  for  issuing plant  passports. 

For  specific  types  of  product,  official  conventional 
marks other  than  a label  may be decided  on in  accor 
dance  with  the  procedure  laid  down  in  Article  18. 

The standardization shall be established  in accordance 
with  the  procedure  laid  down  in  Article  18.  Under 
this  standardization,  different  marks  shall  be  deter 
mined  for  plant  passports  which  are  not  valid,  in ac 
cordance  with  the  second  subparagraph  of  Article  10 
(1),  for  all parts  of  the  Community; 

(g) 

the  responsible  official  bodies  in  a  Member  State 
shall be: 

(adapted) 

(i) 

the official  plant protection  service(s)  of  a Mem 
ber  State  referred  to  in Article  1 (4); or 

(Li)  any State  authority  established 

—  at  national  level, 

11 

91/683/EEC-Art  1(3) 

—  or,  under  the  supervision,  within  the  limits 
set  by the  constitution  of  the  Member  State 
concerned, of national authorities, at region 
al level. 

The  bodies  referred  to in the  first  subparagraph  may, 
in  accordance  with  national  legislation,  delegate  the 
tasks  provided  for  in  this  Directive  to  be  accom 
plished  under  their  authority  and  supervision  to  any 
legal  person,  whether  governed  by  public  or  by  pri 
vate  law, which  under  its officially  approved  constitu 
tion  is  charged  exclusively  with  specific  public  func 
tions, provided  that such person, and  its members, has 
no personal interest  in the outcome  of the measures it 
takes. 

The  Member  States  shall  ensure  that  there  is  close 
cooperation  between  the  bodies  referred  to  in  point 
(ii) of  the first  subparagraph  and  those  referred  to in 
point  (i)  thereof. 

Moreover,  in  accordance  with  the  procedure  laid 
down in Article  18, other  legal persons  established  on 
behalf  of  the  body  or  bodies  referred  to  in  point  (i) 
of  the first  subparagraph  and  acting under  the  author 
ity  and  supervision  of  such  body  may  be  approved, 
provided  that  such person  has  no  personal  interest  in 
the  outcome  of  the  measures  it  takes. 

The  single  central  authority  referred  to  in  Article 
1 (4)  shall  inform  the  Commission  of  the  responsible 
official  bodies  in  the  Member  State  concerned.  The 
Commission  shall forward  that information  to the oth 
er  Member  States; 

(h)  protected  zone  shall  be considered  to  mean a zone in 

the  Community: 

91/683/EEC-
(adapted) 

•Art 1(4) 

— 

— 

in which one or more harmful  organisms  referred 
to in this  Directive, which  are  established  in  one 
or more parts of the Community, are not endem 
ic or established,  despite  favorable  conditions for 
them  to  establish  themselves  there, 

in  which  there  is  a  danger  that  certain  harmful 
organisms  will  establish  themselves,  given  propi 
tious  ecological  conditions,  for  particular  crops, 
despite  the  fact  that  these  organisms  are  not  en 
demic or  established  in  the  Community, 

12 

91/683/EEC-Art  1(4) 

and  which  has  been  recognized,  in  accordance  with 
the procedure  laid down in Article  18, as fulfilling  the 
conditions set out  in the first  and  second  indents and, 
in  the  case  referred  to  in  the  first  indent  at  the  re 
quest  of  the  Member  State(s)  concerned  and  on  the 
grounds  that  the  results  of  appropriate  surveys which 
have been  monitored  by the experts  referred  to in Ar 
ticle  21 under  the  procedure  laid  down  therein  show 
no  evidence  to  the  contrary.  In  the  eventuality  re 
ferred  to  in  the  second  indent,  surveys  are  optional. 

A  harmful  organism  shall  be  considered  to  be  estab 
lished  in  an  area  if  it  is  known  to  occur  there  and  if 
either no official  measures have been  taken there with 
a  view  to  its  eradication  or  such  measures  have 
proved,  for  a  period  of  at  least  two  successive  years, 
to  be  ineffective. 

The  Member  State(s)  concerned  shall  conduct,  with 
respect  to  the  case provided  for  in  the  first  indent  of 
the  first  subparagraph,  regular  and  systematic  official 
surveys  on  the  presence  of  organisms  in  respect  of 
which  the  protected  zone  has  been  recognized.  Each 
finding  of  such  organisms  shall  immediately  be  noti 
fied  to  the  Commission.  The  risk  arising  from  such 
finding shall  be  assessed  by the  Standing  Committee 
on Plant Health  and appropriate  action  decided  on in 
accordance  with  the  procedure  referred  to  in  Article 
18. 

The  details  of  the  surveys  referred  to  in  the  first  and 
third  subparagraphs may be established  in  accordance 
with  the  procedure  referred  to  in  Article  18, account 
being  taken  of  sound  scientific  and  statistical  princi 
ples. 

The  results  of  the  above  surveys  shall  be  notified  to 
the  Commission.  The  Commission  shall  forward  this 
information  to  the  other  Member  States. 

The  Commission  shall, before  1 January  1998, submit 
a  report  to  the  Council  on  the  operation  of  the  sys 
tem  of  protected  zones  together,  if  necessary,  with 
any appropriate  proposals; 

(i)  an official  statement  or  measure  made  or  taken, with 

(adapted) 

out  prejudice  to  the  provisions  of  Article 21: 

—  by representatives  of  the official  plant  protection 
service  of  a  Member  State  or,  under  their  re 
sponsibility,  by other  public  servants,  in  the  case 
of  statements  or  measures  related  to  the  issuing 
of  the  certificates  specified  in  Article  7  (1)  or 
Article  8 (2); 

13 

91/683/EEC-Art  1(4) 
(adapted) 

88/572/EEC-Art  1(1) 
(adapted) 

—  either  by such  representatives  or  public  servants 
or  by  'qualified  agents'  employed  by  one  of  the 
responsible  official  bodies  of  a Member  State, in 
all  other  cases,  provided  that  such  agents  have 
no personal  interest  in the  outcome  of  the  mea 
sures  they  take,  and  satisfy  minimum  standards 
of  qualification. 

Member  States  shall ensure  that  their  public  servants 
and  qualified  agents  have  the  qualifications  necessary 
for  the  proper  application  of  this  Directive.  In  accor 
dance  with  the  procedure  laid  down  in  Article  18, 
guidelines  may be  established  for  such  qualifications. 

The  Commission  shall,  acting  within  the  Standing 
Committee on Plant Health, draw up Community pro 
grammes, the  implementation  of  which  it  shall  moni 
tor,  regarding  the  further  training  of  the  public  ser 
vants  and  qualified  agents  concerned,  in  an  effort  to 
raise  the  knowledge  and  experience  acquired  in  the 
national  context  to  the  level  of  the  aforementioned 
qualifications.  It  shall  contribute  to  the  financing  of 
this further  training and shall propose  the inclusion of 
the  necessary  appropriations  for  that  purpose  in  the 
Community  budget 

2.  Save  where  it  is  expressery  provided  otherwise,  the 
provisions  of  this Directive  concern wood  only in so far  as 
it  retains  all  or  part  of  its  natural  round  surface,  with  or 
without  bark,  or  as  it  is  in  the  form  of  chips,  particles, 
sawdust,  wood waste  or scrap. 

Save for  the purpose  of the provisions relating to Annex V, 
wood,  whether  satisfying  the  conditions  referred  to  in  the 
first subparagraph  or  not,  is also  concerned  where  it  is in 
the  form  of  dunnage,  spacers,  pallets  or  packing  material 
which  are  actually  in  use  in  the  transport  of  objects  of  all 
kinds, provided  that  it  presents  a plant  health risk. 

Article 3 

77/93/EEC 

I.  Member  States  shall  ban  the  introduction  into  their 
territory  of  the  harmful  organisms  listed  in  Annex  I,  Part 
A. 

i  Member  States  shall  ban  the  introduction  into  their 
territory  of  the  plants  and  plant  products  listed  in  Annex 
II,  Part  A, where  they  are  contaminated  by  the  relevant 
harmful  organisms  listed  in  that  part  of  the  Annex. 

85/574/EEC-Art  1(3) 

14 

3.  Paragraphs  1  and  2  shall  not  apply,  in  accordance 
with  conditions  which  may  be  determined  in  accordance 
with  the  procedure  laid  down  in  Article  17, in  the  case of 
slight  contamination  of  plants,  other  than  those  intended 
for  planting,  by  harmful  organisms  listed  in  Annex  I,  Part 
A, or  in Annex  II, Part  A, which  have  previously  been se 
lected  in  agreement  with  the  authorities  representing  the 
Member  States  in  the  field  of  plant  health. 

4.  With  effect  from  1 June  1993,  Member  States  shall 
provide  that  paragraphs  1 and  2  shall  be  applied  also  to 
the  spread  of  the  harmful  organisms  concerned  by means 
connected  with  the  movement  of plants,  plant  products  or 
other  objects  within  the  territory  of  a  Member  State. 

85/574/EEC-Art  1(3) 

91/683/EEC-Art  1(5) — 93/19/EEC-Art  1 

5.  Member  States  shall  ban  from  1 June  1993 the  intro 
duction  into,  and  the  spread  within  the  relevant  protected 
zones,  of: 

(adapted) 

(a) 

(b) 

6. 
18: 

(a) 

the  harmful  organisms  listed  in  Annex  I,  Part B; 

the  plants  and  plant  products  listed  in  Annex  II, Part 
B, where they are contaminated  by the  relevant  harm 
ful  organisms  listed  therein. 

In accordance with the procedure  laid  down in Article 

the  harmful  organisms listed  in Annexes  I and II shall 
be  subdivided  as  follows: 

—  organisms  not  known to occur  in  any part  of  the 
Community and relevant for  the  entire  Commun 
ity  shall  be  listed  in  Annex  I,  Part  A,  Section  I 
and  Annex II, Part  A,  Section  I  respectively, 

—  organisms known to occur  in  the  Community but 
not endemic or established  throughout  the  Com 
munity  and  relevant  for  the  entire  Community 
shall be listed in Annex  I, Part  A, Section II  and 
Annex  II, Part  A, Section  II  respectively, 

— 

the  other  organisms  shall  be  listed  in  Annex  I, 
Part  B,  and  Annex  II,  Part  B,  respectively, 
against  the  protected  zone  for  which  they  are 
relevant; 

(b)  harmful  organisms  endemic  or  established  in  one  or 
more  parts  of  the  Community  shall  be  deleted,  save 
those  referred  to  in  the  second  and  third  indents  of 
point  (a); 

(c) 

the  titles of Annexes I  and  II,  as well  as  the  different 
parts and  sections thereof, shall  be  adapted  in accord 
ance with  points  (a)  and  (b). 

In  accordance  with  the  procedure 

7. 
laid  down  in 
Article, save where  it is expressly provided  otherwise, 18, it 
may be  decided  that  Member  States  shall  lay down  that: 

94/13/EC -  Art  1 
(adapted) 

15 

94/13/EC-Art. 1 
(adapted) 

Corrigendum OJ No L 28, 7.2. 1995, p. 14 

(a) 

(b) 

(c) 

the  introduction  into  their  territories,  and  the  spread 
within  their  territories, of  specified  organisms, wheth 
er  singly or  not  which  are  considered  to  be  harmful 
to  plants  or  plant  products  but  are  not  listed  in  An 
nexes  I  and  II, shall  be  prohibited  or  require  special 
authorization  under  conditions  specified  under  the 
same  procedure; 

the  introduction  into  their  territories,  and  the  spread 
within  their  territories,  of  specified  organisms, which 
are  listed  in Annex II, but which  occur  on  plants oth 
er than those listed in that  Annex, and which are con 
sidered  to  be  harmful  to  plants  or  plant  products, 
shall  be  prohibited  or  require  special  authorization 
under  conditions specified  under  the  same  procedure; 

the  introduction  into  their  territories,  and  the  spread 
within  their  territories,  of  specified  organisms, which 
are  listed  in  Annexes  I  and  II,  which  are  in  an  iso 
lated  state  and which are  considered  to be  harmful  to 
plants  or  plant  products,  shall  be  prohibited  or  re 
quire  special  authorization  under  conditions  specified 
under  the  same  procedure. 

The  first  subparagraph  shall  also  apply  to  such  organisms 
where 
they  are  not  affected  by  Council  Directive 
90/220/EEC (*)  or  other  more  specific  Community  provi 
sions  regarding  genetically  modified  organisms. 

Paragraphs  1  and  5 (a)  and  paragraphs  2  and  5 (b)  and 
paragraph  4 shall  not apply, in  accordance  with  the condi 
tions which shall be  determined  pursuant  to  the  procedure 
laid  down in Article  18, for  trial  or  scientific  purposes  and 
for  work on varietal  selections. 

After  the  measures  provided  for  in  the  first  subparagraph 
have  been  adopted,  that  subparagraph  shall  not  apply,  in 
accordance  with  the  conditions  which  shall  be  determined 
pursuant  to the procedure  laid  down  in Article  18, for  trial 
or  scientific  purposes  and  for  work  on  varietal  selections. 

Article  4 

77/93/EEC 

1.  Member  States  shall  ban  the  introduction  into  their 
territory of the plants or plant products listed  in Annex III, 
Part  A, where  they  originate  in  the  relevant  countries  re 
ferred  to  in  that  part  of  the  Annex. 

2.  Member  States  shall  provide  that  from  1 June  1993. 
the introduction of plants, plant products  and other  objects 
listed  in  Annex  III,  Part  B,  into  the  relevant  protected 
zones  located  in  their  territory  is  prohibited. 

91/683 /EEC-Art  1(6) — 93/19/EEC-Art. 1 

(*)  OJ  No L  117, 8.  5.  1990,  p.  15.  Directive  amended by 
Commission  Directive  94/15/EC  (OJ  No  L  103,  22. 4. 
1994, p. 20). 

16 

91/683/EEC-Art  1(7) 
(adapted) 

93/19/EEC-Art  1 

94/13/EC-Art  1(3) 
(adapted) 

(adapted) 

3. 
In  accordance  with  the  procedure  laid  down  in  Article 
18,  Annex  III,  shall  be  revised  in  such  a  way  that  Part  A 
contains  plants,  plant  products  and  other  objects  which 
constitute  a  plant-health  risk  for  all  parts  of  the  Commun 
ity,  and  Part  B  contains  plants,  plant  products  and  other 
objects  which  constitute  a  plant-health  risk  only  for  pro 
tected  zones.  The  protected  zones  shall  be  specified  there. 

4.  With  effect  from  1  June  1993.  paragraph  1  shall  no 
longer  apply  to  plants,  plant  products  and  other  objects 
originating  in  the  Community. 

Paragraphs  It  and  2  shall  not  apply,  in  accordance 
5. 
with  conditions  which  shall  be  determined  pursuant  to  the 
procedure  laid  down  in  Article  18,  for  trials  or  scientific 
purposes  and  for  work  on  varietal  selections. 

Provided  that  there  is  no  risk  of  harmful  organisms 
6. 
spreading,  a  Member  State  may  provide  that  paragraphs  1 
and  2 shall  not  apply  in  individual  specified  cases  to  plants, 
plant  products  and  other  objects  which  are  grown,  pro 
duced  or  used  in  its  immediate  frontier  zone  with  a  third 
country  and  introduced  into  that  Member  State  in  order  to 
be  worked  in  nearby  locations  in  the  frontier  zone  of  its 
territory. 

When  granting  such  a  derogation,  the  Member  State  shall 
specify  the  location  and  the  name  of  the  person  working  it 
Such  details,  which  shall  be  updated  regularly,  shall  be 
available  to  the  Commission. 

Plants,  plant  products  and  other  objects  which  form  the 
subject  of  a  derogation  under  the  first  subparagraph  shall 
be  accompanied  by  documentary  evidence  of  the  location 
in  the  relevant  third  country  from  which  the  said  plants, 
plant  products  and  other  objects  originate. 

Article  5 

77/93/EEC 

1.  Member  States  shall  ban  the  introduction  into  their 
territory  of  the  plants,  plant  products  and  other  objects 
listed  in  Annex  IV,  Part  A,  unless  the  relevant  special  re 
quirements  indicated  in  that  part  of  the  Annex  are  met 

2.  Member  States  shall  ban  from  1 June  1993  the  intro 
duction  into  and  the  movement  within  the  protected  zones 
of  the  plants,  plant  products  and  other  objects  listed  in 
Annex  IV,  Part  B,  unless  the  relevant  special  requirements 
indicated  in  that  part  of  the  Annex  are  met. 

91/683/EEC  -  Art  1(9) — 93/19/EEC-Art. 1 

In  accordance  with  the  procedure  laid  down  in  Article 
3. 
18,  Annex  IV  shall  be  amended  in  accordance  with  the 
criteria  laid  down  in  Article  3  (6). 

91/683/EEC-Art  1(10) 

17 

93/19/EEC-Art  1 
(adapted) 

94/13/EC-Art  l(4)(a) 

94/13/EC-Art  l(4)(b) 

(adapted) 

(adapted) 

77/93/EEC 
(adapted) 

91/683/EEC-Art  1(11) 

4.  With  effect  from  1  June  1993.  Member  States  shall 
provide  that  paragraph  1 shall  also  apply  to  the  movement 
of  plants,  plant  products  and  other  objects  within  the  terri 
tory  of  a  Member  State,  without  prejudice  however  to  Ar 
ticle  6  (7).  This  paragraph  and  paragraphs  1  and  2  shall 
not  apply  to  the  movement  of  small  quantities  of  plants-
plant  products,  foodstuffs  or  animal  feedingstuffs  where 
thev  are  intended  for  use  bv  the  owner  or  recipient  for 
non-industrial  and  non-commercial  purposes  or  for  con 
sumption  during  transport,  provided  that  there  is  no  risk  of 
harmful  organisms  spreading. 

5. 
Paragraphs  1,  2  and  4  shall  not  apply,  in  accordance 
with  the  conditions  which  shall  be  determined  pursuant  to 
the  procedure  laid  down  in Article  18, for  trial  or  scientific 
purposes  and  for  work  on  varietal  selections. 

6. 
Provided  that  there  is  no  risk  of  harmful  organisms 
spreading,  a  Member  State  may  provide  that  paragraphs  1, 
2  and  4  shall  not  apply  in  individual  specified  cases  to 
plants,  plant  products  and  other  objects  which  are  grown, 
produced  or  used  in  its  immediate  frontier  zone  with  a 
third  country  and  introduced  into  that  Member  State  in 
order  to  be worked  in nearby  locations  in  the  frontier  zone 
of  its  territory. 

When  granting  such  a  derogation,  the  Member  State  shall 
specify  the  location  and  the  name  of  the  person  working  it 
Such  details  which  shall  be  updated  regularly,  shall  be 
available  to  the  Commission. 

Plants,  plant  products  and  other  objects  which  form  the 
subject  of  a  derogation  under  the  first  subparagraph  shall 
be  accompanied  by  documentary  evidence  of  the  location 
in  the  relevant  third  country  from  which  the  said  plants, 
plant  products  and  other  objects  originate. 

Article  6 

1.  Member  States  shall  lay  down,  at  least  in  respect  of 
the  introduction  into  another  Member  State  of  the  plants, 
plant  products  and  other  objects  listed  in  Annex  V, Part AT 
that  the  latter  and  their  packaging  shall  be  meticulously 
examined  on  an  official  basis, either  in  their  entirety  or  by 
representative  sample,  and  that,  if  necessary,  the  vehicles 
transporting  them  shall  also  be  officially  examined  in  order 
to  make  sure: 

(a) 

(b) 

that  they  are  not  contaminated  by  the  harmful  organ 
isms  listed  in  Annex  I,  Part  A; 

in  the  case  of  the  plants  and  plant  products  listed  in 
Annex  II,  Part  A,  that  they  are  not  contaminated  by 
the  relevant  harmful  organisms  listed  in  that  part  of 
the  Annex; 

18 

(c) 

in  the  case  of  the  plants,  plant  products  and  other 
objects  listed  in  Annex  IV,  Part  A,  that  they  comply 
with  the  relevant  special  requirements  indicated  in 
that  part  of  the  Annex. 

77/93/EEC 
(adapted) 

91/683/EEC-Art.  1(12) 
(adapted) 

77/93/EEC 

91/6S3/EEC-Art.  1(13) 

91/6S3/EEC-Art.  1(14) —93/19/EEC-Art. 1 

2.  As  soon  as  the  measures  provided  for  in  Article  3  (6) 
(a)  and  in  Article  5  (3)  are  adopted,  paragraph  1 of  this 
Article  shall  apply  only  in  respect  of  Annex  I,  Part  A,  Sec 
tion  II,  Annex  II,  Part  A,  Section  II  and  Annex  IV,  Part  A, 
Section  II. Where,  in  the  course  of  the  examination  carried 
out  in  accordance  with  this  provision,  harmful  organisms 
listed  in  Annex  I,  Part  A,  Section  I  or  Annex  II,  Part  A, 
Section  I  are'detected,  the  conditions  referred  to  in  Article 
10  are  deemed  not  to  be  fulfilled. 

shall 

lay  down 

inspection 
3.  Member  States 
measures  referred  to  in  paragraph  1  in  order  to  ensure 
compliance  with  Article  3  (41.  (5)  and  (7)  or  Article  5  (2), 
where  the  Member  State  of  destination  avails  itself  of  one 
of  the  options  listed  in  the  abovementioned  Articles. 

the 

4.  Member  States  shall  lay  down  that  the  seeds  referred 
to  in  Annex  IV,  Part  A,  which  are  to  be  introduced  into 
another  Member  State  shall  be  officially  examined  in  order 
to  make  sure  that  they  comply  with  the  relevant  special 
requirements  listed  in  that  part  of  the  Annex. 

5.  With  effect  from  1 June  1993.  and  without  prejudice 
to  paragraph  7,  paragraphs  1,  3  and  4  shall  also  apply  to 
the  movement  of  plants,  plant  products  and  other  objects 
within  the  territory  of  a  Member  State.  Paragraphs  1,  3 
and  4  shall  not  apply,  as  regards  the  harmful  organisms 
listed  in  Annex  I,  Part  B,  or  Annex  II.  Part  B.  and  the 
special  requirements  set  out  in  Annex  IV,  Part  B,  to  the 
movement  of  plants,  plant  products  or  other  objects 
through  or  outside  a  protected  zone. 

The  official  examinations  referred  to  in  paragraphs  1,  3 
and  4 shall  be  carried  out  in  accordance  with  the  following 
provisions: 

(a)  They  shall  extend  to  the  relevant  plants  or  plant  pro 
ducts  grown,  produced  or  used  by  the  producer  or 
otherwise  present  on  his  premises  as  well  as  to  the 
growing  medium  used  there. 

(b)  They  shall  be  made  on  the  premises,  preferably  at  the 

place  of  production. 

19 

(c)  They  shall  be  made  regularly  at  appropriate  times,  at 
least  once  a  year,  and  at  least  by  visual  observation, 
without  prejudice  to  the  special  requirements  listed  in 
Annex  IV;  further  action  may  be  taken  where  this  is 
provided  for  under  paragraph  S. 

Any  producer  for  whom  the  official  examination  referred 
to  in  the  second  subparagraph  is  required  under  para 
graphs  1 to  4  shall  be  listed  in  an  official  register  under  a 
registration  number  by  which  to  identify'  him.  The  official 
registers  thus  established  shall  be  accessible  to  the  Com 
mission  on  request. 

91/683/EEC-Art.  1(14)— 93/19/EEC-Art.  1 

(adapted) 

The  producer  is  subject  to  certain  obligations  established 
in  accordance  with  paragraph  S.  In  particular,  he  shall  im 
mediately  notify 
the 
Member  State  concerned  of  any  unusual  occurrence  of 
harmful  organisms,  symptoms  or  any  other  plant  abnormal 
ity. 

responsible  official  body  of 

the 

9413/EC-Art.  1(5) 

91,683/EEC-Art.  1(14) 
(adapted) 

•93/19/EEC-Art 

Paragraphs  1,  3  and  4  shall  not  apply  to  the  movement  of 
small  quantities  of  plants,  plant  products,  foodstuffs  or  ani 
mal  feedingstuffs  where  they  are  intended  for  use  by  the 
owner  or  recipient  for  non-industrial  and  non-commercial 
purposes  or  for  consumption  during  transport,  provided 
that  there  is  no  risk  of  harmful  organisms  spreading. 

6.  With  effect  from  1  June  1993.  Member  States  shall 
provide  that  producers  of  certain  plants,  plant  products  or 
other  objects  not  listed  in  Annex  V,  Part  A,  specified  in 
accordance  with  paragraph  8,  or  collective  warehouses  or 
dispatching  centres  in  the  production  zone,  shall  also  be 
listed  in  an  official  local,  regional  or  national  register  in 
accordance  with  the  third  subparagraph  of  paragraph  5. 
They  may  at  any  time  be  subjected  to  the  examinations 
provided  for  in  the  second  subparagraph  of  paragraph  5. 

In  accordance  with  paragraph  8,  a  system  may  be  set  up  so 
that  certain  plants,  plant  products  and  other  objects  may, if 
necessary  and  in  so  far  as  possible,  be  traced  back  to  their 
origins,  bearing  in  mind  the  nature  of  the  production  or 
trading  conditions. 

7.  Member  States  may,  in  so  far  as  no  spreading  of 
harmful  organisms  is  to  be  feared,  exempt 

(adapted) 

— 

small  producers  or  processors whose  entire  production 
and  sale  of  relevant  plants,  plant  products  and  other 
objects  are  intended  for  final  usage  by  persons  on  the 
local  market  who  are  not  professionally  involved  in 
plant  production  ('local  movement)  from  official  re 
gistration  as  laid  down  in  paragraphs  5  and  6.  or 

— 

the  local  movement  of  plants,  plant  products  and 
other  objects  originating  from  producers  so  exempted 
from  the  official  examination  required  under  para 
graphs  5  and  6. 

The  provisions  of  this  Directive  on  local  movement  shall 
be  reviewed  by the  Council  before  1 January  1998 on  the 
basis of  a Commission  proposal  and  in  the  light  of  experi 
ence  gained. 

91/683/EEC-Art. 1(14) —93/19/EEC-Art. 1 

8. 
In accordance with the procedure  laid down in Article 
18,  implementing  provisions  shall  be  adopted  relating  to: 

(adapted) 

— 

less  stringent  conditions  on  the  movement  of  plants, 
plant  products  and  other  objects  within  a  protected 
zone  established  for  the  said  plants,  plant  products 
and  other  objects  in  respect  of  one  or  more  harmful 
organisms, 

—  guarantees  in  respect  of  the  movement  of  plants, 
plant  products  and  other  objects  through  a  protected 
zone  established  for  the  said  plants,  plant  products 
and  other  objects  in  respect  of  one  or  more  harmful 
organisms, 

— 

— 

— 

the  frequency  and  timing  of  the  official  examination, 
including  further  action  referred  to  in  paragraph  5, 
second  subparagraph, (c), 

the obligations  on  registered  producers  referred  to in 
paragraph  5, fourth  subparagraph, 

the  specification  of  the  products  referred  to  in  para 
graph  6, and  the products  for  which  the  system  intro 
duced  in paragraph  6 is  envisaged, 

—  other  requirements  regarding  the  exemption  referred 
to  in  paragraph  7,  in  particular  as  regards  the  con 
cepts  of  'small  producer'  and  'local  market'  and  the 
relevant  procedures. 

9. 
Implementing  rules  related  to  the  registration  pro 
cedure  and the registration  number  referred  to  in the  third 
subparagraph  of  paragraph  5, may  be  adopted  in  accord 
ance with  the  procedure  laid  down  in  Article  18. 

(adapted) 

Article  7 

77/93/EEC 

85/574/EEC-Art  1(4) 
(adapted) 

1.  Where  it  is  considered,  on  the  basis  of  the  examin 
ation  laid  down  in  Article  6  (1)  and  (3),  that  the  condi 
tions  therein  are  fulfilled,  a  phytosanitary  certificate  con 
forming  to the model in Annex VII, Part A, may be issued, 
drawn  up  in  at  least  one  of  the  official  languages  of  the 
Community  and  filled  in,  except  in  respect  of  stamp  and 
signature,  either  entirely  in  capital  letters  or  entirely  in 
typescript  and  preferably  in  one  of  the  official  languages 
of  the  Member  State  of  destination. 

The  botanical  names  of  plants  shall  be  indicated  in  Latin 
characters.  Uncertified  alterations  or  erasures  shall  invali 
date  the certificate. Any copies of this certificate  shall only 
be  issued  with  the  indication  'copy'  or  'duplicate'  printed 
or  stamped  thereon. 

21 

2.  Member  States  shall  lay  down  that  the  plants,  plant 
products  and  other  objects  listed  in Annex  V, Part  Ar may 
not  be  introduced  into  another  Member  State  unless  they 
are  accompanied  by  a  phytosanitary  certificate  issued  in 
accordance  with paragraph  1. The phytosanitary  certificate 
may  not  be  made  out  more  than  14 days  before  the  date 
on  which  the  plants, plant  products  or  other  objects  leave 
the  consignor  Member  State. 

3.  The  action  to  be  taken  by  the  Member  States  in 
order  to  implement  Article  6  (3V  in  so  far  as  seeds  re 
ferred  to in Annex IV  Part  B. are concerned,  and  Article 6 
{4) shall  be  determined  in  accordance  with  the  procedure 
laid down in Article  17 bv 31  December  1991 at  the  latest 

Article  8 

1.  Unless  one  of  the  eventualities  provided  for  in  para 
graph  2  arises,  Member  States  shall  lay  down  that  the 
plants, plant  products  and  other  objects  listed  in Annex V, 
Part  A.  which  have  been  introduced  into  their  territory 
from  a Member  State  and which  are  to  be  introduced  into 
the  territory  of  another  Member  State  shall  be  exempted 
from  a further  inspection  complying with  Article  6, if they 
are  accompanied  by  a  phytosanitary  certificate  from  a 
Member  State, made  out  in accordance  with  the  specimen 
in Annex  VII, Part  A. 

2.  Where  plants,  plant  products  or  other  objects  from 
one  Member  State  have  been  split  up  or  stored  or  their 
packaging changed  in a second Member  State  and  are then 
introduced  into a third Member  State, the  second  Member 
State  shall  not be required  to  make  a new  inspection  com 
plying with Article  6 if it is officially  ascertained  that  these 
products  have  not  been  subject  in  its  territory  to  any risk 
which  would  call  in  question  compliance  with  the  condi 
tions  laid  down  in  Article  6.  In  this  case  a  re-forwarding 
phvtosanitarv  certificate,  in  one  original  copy  only,  con 
forming  to  the  model  laid  down  in  Annex  VII.  Part  B. 
drawn  up  in  at  least  one  of  the  official  languages  of the 
Community,  and  filled  in.  except  in  respect  of  stamp  and 
signature,  either  entirely  in  capital  letters  or  entirely  in 
typescript,  and preferably  in one of  the  official  languages 
of  the  Member  State  of  destination.  This  certificate  must 
be  attached  to  the  phytosanitary  certificate  issued  by  the 
first  Member State or to a certified  copy of that  certificate. 
This  certificate  may  be  entitled  'phytosanitary  certificate 
for  re-export'.  Article  7  (IV  second  subparagraph,  shall 
apply mutatis  mutandis. 

77/93/EEC -  IV 

2. 7. 1997 

77/93/EEC 
91/683/EEC-Art  1(15) 

89/359/EEC-Art. 1 

80/392/EEC-Art  1(7) — 89/359/EEC-Art. 1 

91/683/EEC-Art  1(15) 
(adapted) 

85/574/EEC-Art  1(6) 
(adapted) 

85/574/EEC-Art  1(7) 

22 

77/93/EEC 

89/439/EEC-Art  1(2) 

The  re-forwarding  phytosanitary  certificate  may  not  be 
made  out  more  than  14 days before  the  date  on which  the 
plants,  plant  products  or  other  objects  leave  the  re-for 
warding  country. 

3.  Paragraphs  1 and  2 shall also apply when  plants, plant 
products  or  other  objects  are  introduced  successively  into 
several  Member  States. If,  in that  case,  more  than  one  re-
forwarding  certificate  has  been  issued,  the  products  must 
be  accompanied  by the  following  documents: 

(a) 

the  latest  phytosanitary  certificate  or  a  certified  copy 
thereof; 

(b)  the  latest  re-forwarding  phytosanitary  certificate; 

(c) 

the re-forwarding phytosanitary certificates previous to 
the certificate  referred  to under  (b) or certified  copies 
thereof. 

Article  9 

1. 
In  the  case  of  plants, plant  products  or  other  objects 
to which special  requirements  laid  down  in Annex IV, Part 
A,  apply,  the  official  phytosanitary  certificate  required 
pursuant  to Article  7 shall have  been  issued  in the  country 
in which  the  plant  plant  products  and  other  objects  orig 
inate, save: 

— 

— 

in the case of wood, if under  the  special  requirements 
laid  down  in  Annex  IV, Part  A,  it  is  sufficient  that  it 
is stripped  of  its  bark, 

in  other  cases,  to  the  extent  that  the  special  require 
ments laid  down  in Annex  IV, Part  A, can be  fulfilled 
also  at places  other  than  that  of  origin. 

2.  Paragraph  1 shall  also apply to the  introduction  of the 
plants  and  plant  products  listed  in Annex  IV, Part  B, into 
the  Member  States  whose  names  are  indicated  against 
those  products in  that  part  of  the  Annex. 

77/93/EEC 
(adapted) 

Article  10 

1.  With  effect  from  1 June  1993. where  it  is considered, 
on  the  basis  of  the  examination  provided  for  in  Article  6 
(1),  (3) and  (4) and  carried out  in accordance with Article 
6 (5), that  the conditions  of  those  paragraphs  are  fulfilled, 
a  plant  passport  shall  be  issued  in  accordance  with  provi 
sions which may be  adopted  under paragraph  4 of  this Ar 
ticle, instead of the phytosanitary  certificates  referred  to in 
Articles  7 or 8. 

91/683/EEC-Art  1(16) 

93/19/EEC-Art 1 
(adapted) 

23 

91/683/EEC-Art  1(16) 

93/19/EEC-Art 1 

93/19/EEC-Art 1 
(adapted) 

94/13/EC-Art  1(6) 
(adapted) 

91/683/EEC-Art  1(16) 

If the  examination  does  not concern  conditions  relevant  to 
the  protected  zones, or  if  it  is considered  that  such condi 
tions  are  not  fulfilled,  the  plant  passport  issued  shall  not 
be  valid  for  those  zones  and  it  shall  bear  the  mark  re 
served  for  such  cases, pursuant  to  Article  2 (1)  (f). 

2.  With  effect  from  1 June  1993. plants,  plant  products 
and other objects  listed  in Annex V, Part A, section  I, may 
not  be  moved  within  the  Community,  other  than  locally 
within the meaning of Article 6 (7), unless a plant passport 
valid  for  the  territory  concerned  and  issued  in  accordance 
with paragraph  1 is attached  to them, to their packaging or 
to  the vehicles  transporting  them. 

With  effect  from  1 June  1993. plants,  plant  products  and 
other  objects  listed in Annex V, Part A, section  II, may not 
be  introduced  into  a  specified  protected  zone  or  move 
therein,  unless  a plant  passport valid  for  that  zone  and is 
sued  in  accordance  with  paragraph  1 is  attached  to  them, 
to  their  packaging  or  to  the  vehicles  transporting  them. If 
the  conditions  laid  down  in  Article  6  (8)  with  regard  to 
transport  through  protected  zones  are  fulfilled,  the  first 
subparagraph  and  this  subparagraph  shall  not  apply. 

The first and  second  subparagraphs  shall  not  apply  to  the 
movement  of  small  quantities  of  plants,  plant  products, 
foodstuffs  or  animal  feedingstuffs  where  they  are  intended 
for  use  by  the  owner  or  recipient  for  non-industrial  and 
non-commercial  purposes or for consumption  during trans 
port,  provided  that  there  is  no  risk  of  harmful  organisms 
spreading., 

3.  A plant  passport  may be  replaced  at  a  later  date  and 
in  any  part  of  the  Community  by  another  plant  passport, 
in accordance  with  the  following  provisions: 

—  a plant passport  may be replaced  only where consign 
ments  are  divided  up  or  where  several  consignments 
or  parts  thereof  are  combined  or  where  the  plant-
health  status  of  consignments  changes, without  preju 
dice  to  the  particular  requirements  provided  for  in 
Annex  IV,  or  in  other  cases  specified  in  accordance 
with  paragraph  4, 

— 

the  replacement  may take place only at  the request of 
a  natural  or  legal  person, whether  a producer  or  not, 
listed  in  an  official  register,  in  accordance  with  the 
third  subparagraph  of  Article  6 (5), mutatis mutandis, 

24 

91/683/EEC-Art  1(16) 

(adapted) 

(adapted) 

Article IQç, 

— 

— 

— 

the  replacement  passport  may  be  prepared  only  by 
the  responsible official  body of  the  area  in which  the 
requesting premises are situated  and only if the  ident 
ity  of  the  product  concerned  and  the  absence  of  any 
risk  of  infection  due  to  harmful  organisms  listed  in 
Annexes  I  and  II  since  dispatch  by  the  producer  can 
be  guaranteed, 

the  replacement  procedure  must  comply  with  the 
provisions which  may be  adopted  under  paragraph  4, 

the  replacement  passport  must  bear  a  special  mark, 
specified  in  accordance  with  paragraph  4 and  includ 
ing the  number  of  the  original  producer  and,  if  there 
was  a  change  in  plant-health  status,  of  the  operator 
responsible  for  that  change. 

In accordance with the procedure  laid down in Article 

4. 
18,  implementing  provisions  may be  adopted  for: 

— 

— 

— 

— 

the  detailed  procedures  for  issuing  plant  passports  as 
laid  down  in paragraph  1, 

the  conditions  under  which  a  plant  passport  may  be 
replaced  in accordance with paragraph  3, first  indent, 

the details of the procedure  for  the replacement pass 
port  as laid  down  in paragraph  3, third  indent, 

the  special  mark  required  for  the  replacement  pass 
port  as laid  down  in paragraph  3, fifth indent 

Article  11 

1.  Where  it is not considered, on  the  basis of  the exam 
ination  provided  for  in  Article  6 (1), (3)  and  (4)  and  car 
ried  out  in  accordance  with  Article  6  (5),  that  the  condi 
tions  in  those  paragraphs  arc  fulfilled,  a  plant  passport 
shall  not  be  issued,  without  prejudice  to  paragraph  2 of 
this Article. 

2. 
In  the special cases where it is established,  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, 
paragraph  1 shall  not  apply to  that  part 

3.  To  the  extent  that  paragraph  1  applies,  the  plants, 
plant  products  or  growing  medium  concerned  shall  be  the 
subject  of  one  or  more  of  the  following  official  measures: 

(adapted) 

25 

91/683/EEC-Art  1(16) 
(adapted) 

—  appropriate  treatment,  followed  by  the  issue  of  the 
appropriate  plant  passport  in  accordance  with  Article 
10 if it is considered  that  as a result  of  the  treatment 
the  conditions  are  fulfilled, 

—  a  permit  for  movement  under  official  control,  to 

zones where  they do  not  present  an  additional  risk, 

—  a  permit  for  movement  under  official  control,  to 

places  for  industrial  processing, 

—  destruction. 

In  accordance  with  the  procedure  laid  down  in Article  18, 
implementing  provisions  may be  adopted  concerning: 

— 

the  conditions  under  which  one  or  more  of  the 
measures  referred  to  in  the  first  subparagraph  must 
or  must  not be  adopted, 

— 

the  particular  features  of  and  conditions  for  such 
measures. 

4.  To the  extent  that  paragraph  1 applies,  the  activities 
of the producer shall be totally or partially suspended  until 
it  is established  that  the  risk  of  spreading  harmful  organ 
isms is eliminated. As long as this  suspension  lasts, Article 
10 shall  not  apply. 

5.  Where  it  is  considered,  on  the  basis  of  the  official 
examination  carried  out  in  accordance  with  Article  6 (6), 
that  products referred  to therein  are  not  free  of  the  harm 
ful  organisms  listed  in  Annexes  I  and  II,  paragraphs  2,  3 
and  4 of  this Article  shall  apply mutatis mutandis. 

Article  12 

77/93/EEC 

Article  11 

1.  The  Member  States  shall  not  require  any  additional 
declaration  on  the  phytosanitary  certificates  referred  to  in 
Articles  7, 8 or 9. 

88/572/EEC-Art  1(4) 
(adapted) 

If  it  is  ascertained  that  part  of  a  consignment  of 
2. 
plants,  plant  products  or  other  objects  is contaminated  by 
harmful  organisms listed in Annexes I and  II, the introduc 
tion of the other part shall not be prohibited  provided  that 
it  is  not  suspected  of  being  contaminated  and  provided 
that  there  appears  to  be  no  possibility  of  harmful  organ 
isms spreading. 

89/439/EEC-Art  1(5) 

3.  Member  States  shall  lay down  that  the  phytosanitary 
certificates  or  re-forwarding  phytosanitary  certificates  pro 
duced when the plants, plant products  or  other  objects  are 
introduced  into  their  territory  shall  bear  an  entry  stamp 
from  the  competent  service  showing  at  least  the  name  of 
the  service  and  the  date  of  entry. 

77/93/EEC 

26 

88/572/EEC-Art  1(8) 
(adapted) 

91/683/EEC-Art  1(17) 
(adapted) 

4.  Member States shall ensure that  their plant protection 
services  inform  that of the forwarding  Member  State  of all 
cases where  plants, plant products  or  other  objects  coming 
from  that  Member  State  have  been  intercepted  as  being 
subject  to  prohibitions  or  restrictions  relating  to  plant-
health  measures.  This  information  is without  prejudice  to 
the  measures  which  the  first-mentioned  plant  protection 
service  may deem  necessary to take  in respect  of the  inter 
cepted  consignment,  and shall  be given  as soon  as possible 
so  that  the  plant  protection  services  concerned  may study 
the  case  with  a  view,  in  particular,  to  taking  the  steps 
necessary to prevent further,  similar  occurences  and, where 
appropriate  and  in  so  far  as  possible,  taking  measures  in 
respect of the intercepted consignment which  are  adequate 
to the risk level of the case in question.  In  accordance with 
the  procedure  laid  down  in  Article  17,  a  standardized  in 
formation  system  may be  set  up. 

5.  With effect  from  1  January  1993, Member  States shall 
organize  official  checks  to  ensure  compliance  with  the 
provisions  of  this  Directive,  in  particular  with  Article  10 
(2),  which  shall  be  carried  out  in  a  random  manner  and 
without  any  discrimination  in  respect  of  the  origin  of  the 
plants,  plant  products  or  other  objects,  and  in  accordance 
with  the  following  provisions: 

—  occasional checks, at any time  and  at  any place where 
plants, plant  products  or  other  objects  are  moved, 

—  occasional  checks  on  premises  where  plants,  plant 
products or other  objects  are grown„produced, stored 
or  offered  for  sale, as well  as on  the  premises of  pur 
chasers, 

—  occasional checks at the same  time  as any other docu 
mentary  check which  is carried  out  for  reasons  other 
than  plant  health. 

The checks must be regular  in premises  listed  in an  official 
register  in  accordance  with  Article  10  (3)  and  Article  13 
(8)  and  may  be  regular  in  premises  listed  in  an  official 
register  in  accordance  with  Article  6 (6). 

The  checks may be  targeted  if  facts  have  come  to  light  to 
suggest  that  one or  more provisions  of  this  Directive  have 
not  been  complied with. 

6.  Commercial  purchasers  of  plants,  plant  products  or 
other  objects  shall, as final  users professionally  engaged  in 
plant  production,  retain  the  related  plant  passports  for  at 
least  one  year,  and  enter  the  references  in  their  records. 

27 

91/683/EEC-Art  1(17) 

Inspectors shall have access to the plants, plant products or 
other  objects  at any stage  in the production  and  marketing 
chain.  They  shall  be  entitled  to  make  any  investigation 
necessary  for  the official  checks concerned,  including those 
related  to  the  plant  passports  and  the  records. 

7.  The  Member  States  may  be  assisted  in  the  official 
checks  by the  experts  referred  to  in Article 21. 

8.  Where  it  is  established,  through  the  official  checks 
carried  out  in  accordance  with  paragraphs  5  and  6,  that 
plants,  plant  products  or  other  objects  present  a  risk  of 
spreading  harmful  organisms,  they  shall  be  the  subject  of 
official  measures  in  accordance  with  Article  11 (3). 

Article  13 

77/93/EEC 

Article 12 

1.  Member  States shall  lay down,  at  least  as  regards  the 
introduction  into their  territory  of  the  plants,  plant  prod 
ucts  and  other  objects  listed  in  Annex  V,  Part  Br  and 
coming  from  third  countries: 

(a) 

that  these  plants,  plant  products  and  other  objects 
and their packaging shall be meticulously inspected on 
an  official  basis,  either  in  their  entirety  or  by  repre 
sentative  sample,  and  that,  if  necessary,  the  vehicles 
transporting them shall also be inspected  meticulously 
on  an  official  basis  in  order  to  make  sure  as  far  as 
can  be  determined: 

91/683/EEC-Art  1(18) 

80/392/EEC-Art  1(13) 

— 

— 

— 

that  they  are  not  contaminated  by  the  harmful 
organisms  listed  in Annex  I,  Part  A, 

77/93/EEC 

in  the  case  of  the  plants  and  plant  products 
listed  in Annex II, Part A, that  they  are  not con 
taminated  by  the  relevant  harmful  organisms 
listed  in that  part  of  the  Annex, 

in  the  case  of  the  plants,  plant  products  and 
other  objects  listed  in  Annex  TV,  Part  A,  that 
they  comply  with  the  relevant  special  require 
ments  indicated  in  that  part  of  the  Annex; 

28 

(b)  that  they  are  accompanied  by  the  certificates  pre 
scribed  in Article  7 or  8 and  that  a phytosanitary  cer 
tificate  may  not  be  made  out  more  than  14 days be 
fore  the  date  on  which  the  plants,  plant  products  or 
other  objects  leave  the  consignor  country.  The  cer 
tificates  prescribed  in  Article  7 or  8 shall  contain  in 
formation  in  accordance  with  the  model  defined 
111 
the  Annex to the  IPPC. as amended  on 21 November 
1979. irrespective  of  their  lavout.  and  shall  be  issued 
bv authorities  empowered  for  this  purpose  under  the 
TPPC or.  in  the  case  of  non-contracting  countries, on 
the basis  of  laws or  regulations  of  the  country.  In  ac 
cordance  with  the  procedure  laid  down  in  Article  17. 
lists of the  authorities empowered  by the various  third 
countries  to  issue  certificates  mav be  established. 

By way of  derogation  from  the  first  subparagraph,  phyto 
sanitary  certificates  issued  in  accordance  with  the  model 
laid down  in the  Annex to the  IPPC, original version, may 
be  used  for  a  transitional  period.  The  date  of  expiry  of 
such  period  may  be  determined  in  accordance  with  the 
procedure  laid  down  in Article  17. 

77/93/EEC 

85/574/EEC- Art  1(11) 
(adapted) 

80/392/EEC-Art  1(14) 

85/574/EEC-Art  1(11) 

2.  Paragraph  1  of  this  Article  shall  apply  to  the  cases 
referred  to  in  Article  6 (4)  and  Article  7 (3). 

77/93/EEC 
(adapted) 

3.  Member  States  may  also lay down  that  consignments 
coming  from  third  countries,  which  are  not  declared  to 
contain  plants,  plant  products  or  other  objects  listed  in 
Annex  V, Part  B. shall  be  officially  inspected,  where  there 
is  serious  reason  to  believe  that  there  has  been  an  in 
fringement  of  the  rules  in  this  respect 

In  accordance  with  the  procedure  laid  down  in Article  17: 

— 

the  cases  may  be  specified  in which  such  inspections 
shall be  carried  out, 

— 

the  methods  for  such  inspections  may  be  laid  down. 

If,  at  the  outcome  of  the  inspection,  doubts  remain  in re 
spect  of  the  identify  of  the  consignment,  in particular  con 
cerning  genus,  species  or  origin,  the  consignment  shall  be 
considered  to  contain  plants,  plant  products  or  other  ob 
jects  listed  in  Annex  V,  P_art_B. 

88/572/EEC-Art  1(9) 

91/683/EEC-Art  1(18) 

91/683/EEC-Art  1(18) 

4.  Provided  that  there  is  no  risk  of  harmful  organisms 
spreading: 

94/13/EC-Art  1(8) 
(adapted) 

—  paragraphs  1  and  2  of  this  Article  shall  not  apply 
where  plants,  plant  products  or  other  objects  are  di 
rectly moved between  two places within the  Commun 
ity via  the  territory  of  a third  country; 

29 

—  paragraphs  1 and  2  of  this  Article  and  Article  4  (1) 
shall not apply in the case of transit  through  the terri 
tory of  the  Community, 

94/13/EC-Art  1(8) 
(adapted) 

(adapted) 

89/439/EEC-Art  1(6) 

91/683/EEC-
(adapted) 

-Art  1(20) — 93/19/EEC-Art. 1 

—  paragraphs  1 and  2 of  this  Article  shall  not  apply  in 
the  case  of  small  quantities  of  plants,  plant  products, 
foodstuffs  or  animal  feedingstuffs  where  they  are  in 
tended  for  use  by the  owner  or  recipient  for  non-in 
dustrial  and  non-commercial  purposes  or  for  con 
sumption  during  transport 

5.  Paragraphs  1 and  2 of  this Article  shall  not  apply,  in 
accordance  with  the  conditions which  shall  be  determined 
pursuant  to the procedure  laid down  in Article  18, for  trial 
or  scientific  purposes  and  for  work  on  varietal  selections. 

6.  Provided  that  there  is  no  risk  of  harmful  organisms 
spreading,  a Member  State  may provide  that  paragraphs  1 
and 2 shall not apply in individual specified  cases to plants, 
plant  products  and  other  objects  which  are  grown,  pro 
duced  or  used  in  its  immediate  frontier  zone  with  a  third 
country and  introduced  into that Member  State  in order  to 
be  worked  in  nearby  locations  in  the  frontier  zone  of  its 
territory. 

When  granting such  a derogation,  the  Member  State  shall 
specify  the location and the  name of  the person working  it 
Such  details,  which  shall  be  updated  regularly,  shall  be 
available  to  the  Commission. 

Plants,  plant  products  and  other  objects  which  form  the 
subject  of  a  derogation  under  the  first  subparagraph  shall 
be  accompanied sby documentary  evidence  of  the  location 
in  the  relevant  third  country  from  which  the  said  plants, 
plant  products  and  other  objects  originate. 

It  may be  agreed, in technical  arrangements  made be 
7. 
tween the Commission and the competent  bodies in certain 
third  countries  and  approved  in  accordance  with  the pro 
cedure  laid down in Article  18 that  activities  related  to the 
inspections  referred  to  in  paragraph  1  (a)  of  this  Article 
may  also  be  carried  out  under  the  authority  of  the  Cora-
mission  and  in  accordance  with  the  relevant  provisions of 
Article  21 in  the  third  country  concerned,  in  cooperation 
with  the  official  plant  protection  organization  of  that 
country. 

8.  With  effect  from  1 June  1993. paragraph  1 (a)  shall 
apply,  in  cases  of  consignments  to  a  protected  zone,  to 
harmful  organisms and to the special  requirements listed in 
Part  B  of  Annexes  I,  II  and  IV  respectively.  With  effect 
from  the  same  date, paragraph  1 shall  apply  on  the  occa 
sion  of  the  first  introduction  of  the  plants,  plant  products 
or  other  objects  concerned  into  the  Community,  without 
prejudice  to  specific  agreements  concluded  in  this  respect 
between  the  Community  and  certain  third  countries. 

30 

91/683/EEC-Art. 1(20) —93/19/EEC-Art. 1 

I  97/3/EC -  Art  1 (1) 

(adapted) 

Article  12 (to) 

Member  States  shall  provide  that  importers,  whether  or 
not  producers,  must  be  included  in  an  official  register  in 
accordance  with  Article  6 (5), mutatis mutandis. 

The  inspections, where  they  are  documentary  and  identity 
checks and also checks intended  to ensure  compliance with 
the  provisions  of  Article  4,  must  be  made  at  the  same 
place and at the same time as the other  administrative  for 
malities  concerning  import,  including  customs  formalities. 

The  inspections, where  they  are  plant-health  checks,  shall 
be carried  out  at  the places where  the  inspections  are  car 
ried  out  as  referred  to  in  the  third  subparagraph  or  near 
to  those places. The  competent  authorities  of  the  Member 
States  shall  forward  to  the  Commission  and  the  other 
Member  States  the  list  of  points  of  entry.  However,  in 
these  particular  cases, plant-health  checks  may  be  carried 
out  at  the  place  of  destination  as  long  as  specific  guaran 
tees  as  regards  the  transport  of  the  plants, plant  products 
and  other  objects  are  provided.  Implementing  provisions, 
which may stipulate  minimum  conditions, shall be  adopted 
in  accordance with  the  procedure  laid  down  in Article  18. 
Plant-health  checks  shall  be  regarded  as  being  an  integral 
part  of  the  formalities  referred  to  in  the  third  subpara 
graph. 

Member  States  may  derogate  from  the  provisions  of  this 
paragraph  only  under  the  conditions  laid  down  as  part  of 
the  technical  arrangements  referred  to  in  paragraph  7. 

There  shall be a Community financial contribution  for 
9. 
nber  States  in  order  to  strengthen  inspection  infra- 
Member 
structures  insofar  as they relate  to plant-health  checks car 
ried  out  in  accordance  with  the  fourth  subparagraph  of 
paragraph  8. 
The  purpose  of  this  contribution  shall  be  to  improve  the 
provision, at  inspection posts other  than  those  at  the place 
of  destination,  of  the  equipment  and  facilities  required  to 
carry out inspection and examination and, where  necessary, 
to  carry  out  the  measures  provided  for  in  paragraph  11, 
beyond  the  level  already  achieved  by  complying  with  the 
minimum  conditions  stipulated  in  the  implementing provi 
sions  pursuant  to  paragraph  8, fourth  subparagraph. 

The  Commission  shall propose  the entry of suitable  appro 
priations  for  that  purpose  in  the  general  budget  of  the 
European  Union. 

Within  the  limits  set  by  the  appropriations  available  for 
these purposes, the Community contribution  shall cover up 
to  50  %  of  expenditure  relating  directly  to  improving 
equipment  and  facilities. 

The  details shall be laid down in an implementing Regula 
tion, in accordance with the procedure  laid down in Article 
18. 

31 

97/3/EC Art. 1(1) 

91/683/EEC -  Art. 1 (20) 
93/19/EEC -  Art 1 

Article 12  (9) 

93/19/EEC -  Art 1 

Article 12  (10) 

94/13/EC-Art  l(8)(b) 

The allocation and  the  amount of the Community  financial 
contribution  shall  be  decided  in  accordance  with  the  pro 
cedure  laid down in Article  18, in the  light of  the  informa 
tion  and  documents  submitted  by  the  Member  State  con 
cerned and, where appropriate, the results of  investigations 
carried  out  on  the  Commission's  authority  by  the  experts 
referred  to  in  Article  21, and  depending  on  the  appropri 
ations  available  for  the  purposes  concerned; 

10.  With  effect  from  1 June  1993, Article  10 (1)  and  (3) 
shall  apply  in  the  same  way  to  the  plants,  plant  products 
or  other  objects  referred  to  in  paragraph  1 of  this  Article 
in so far  as  they  are  listed  in Annex  V, Part  A,  and where 
it is considered, on the basis of  the inspection  laid  down in 
paragraph  8, that the conditions referred  to in paragraph  1 
are  fulfilled. 

11.  With  effect  from  1  June  1993. where  it  is  not  con 
sidered  on  the  basis  of  the  inspections  provided  for  in 
paragraph  8, that  the conditions referred  to in paragraph  1 
are fulfilled,  one or more of the following  official  measures 
shall  be  taken  immediately: 

—  appropriate  treatment where it is considered  that  as a 

result  of  the  treatment  the  conditions  are  fulfilled, 

— 

— 

— 

removal  of  infected/infested  produce  from  the  con 
signment, 

imposition  of  a quarantine  period  until  the  results of 
the  examinations  or  official  tests  are  available, 

refusal  or  permission  to  send  products  to  a  destina 
tion  outside  the  Community, 

—  destruction. 

Article  11  (3),  second  subparagraph,  shall  apply mutatis 
mutandis. 

In  the  case  of  a  removal  referred  to  in  first  subparagraph, 
second  indent, or a  refusal  referred  to in  the  first  subpara 
graph,  fourth  indent,  the  Member  States  shall  lay  down 
that the phytosanitary certificates or the re-forwarding phy 
tosanitary  certificates  produced  when  the  plants,  plant 
products  or  other  objects  are  submitted  for  introduction 
into their  territory,  be cancelled  by the  responsible  official 
bodies  referred  to  in Article  2 (1)  (g). Upon  cancellation, 
the  said  certificate  shall  bear  on  its  face  and  in  a  promi 
nent position  a triangular  stamp in red,  marked  'certificate 
cancelled',  from  the  said  responsible  bodies  showing  at 
least their name and the date of refusal.  It shall be in capi 
tal  letters,  and  in  at  least  one  of  the  official  languages of 
the  Community. 

32 

Article  14 

77/93/EEC 

Article  13 

The  Council  acting  on  a  proposal  from  the  Commission, 
shall  adopt  any amendments  to  be  made  to  the  Annexes. 

However,  the  following  shall  be  adopted  in  accordance 
with  the procedure  laid  down  in  Article  17: 

85/574/EEC -
(adapted) 

•Art  1(12) 

(a)  headings  additional  to Annex  III  in  respect  of  certain 
plants,  plant  products  or  other  objects  originating  in 
specified  third  countries,  provided  that: 

(i) 

these  headings are  introduced  at  the request of a 
Member  State which  already  applies  special pro 
hibitions  as  regards  the  introduction  of  such 
products  from  third  countries, 

(ii)  harmful  organisms  occurring  in  the  country  of 
origin constitute  a plant-health risk for  the whole 
or  part  of  the  Community,  and 

(iii)  their  possible  presence  on  the  products  in ques 
tion cannot  be detected  effectively  at  the time of 
their  introduction, 

(b)  headings additional  to the other Annexes in respect of 
certain  plants,  plant  products  or  other  objects  origi 
nating  in  specified  third  countries,  provided  that: 

(i) 

these  headings are introduced  at  the request of a 
Member  State which  already  applies  special pro 
hibitions  or  restrictions  as  regards  the  introduc 
tion  of  such  products  from  third  countries,  and 

(ii)  harmful  organisms  occurring  in  the  country  of 
origin constitute  a plant-health risk for  the whole 
or  part  of  the  Community  in  respect  of  crops, 
the  scale  of  possible  damage  to which  is  unfore 
seeable, 

(c)  any  amendment  to  Part  B  of  the  Annexes,  in  agree 

ment with  the  Member  State  concerned, 

(d)  any other  amendment  to  the  Annexes  to  be  made  in 
the  light  of  developments  in  scientific  or  technical 
knowledge. 

Article  15 

77/93/EEC 

Article  14 

1. 
In accordance with the procedure  laid  down in Article 
17, or,  in  urgent  cases, with  that  laid  down  in  Article  19, 
Member  States  may  be  authorized  on  request  to  provide 
for  derogations: 

94/13/EC-Art  1(9) 
(adapted) 

33 

Corrigendum, OJ No L 28 of 7. 2.1995, p. 14 
(adapted) 

89/439EEC-Art  1(8) 

91/683/EEC-Art  1(21) 

94/13/EC-Art  1(9) 

— 

from  Article  4 (1)  and  (2)  with  regard  to  Annex  III, 
Part A and Part B, without prejudice  to  the  provisions 
of  Article  4  (5),  and  from  Article  5  (1)  and  (2)  and 
the  third  indent  of  Article  13 (1)  (a)  with  regard  to 
other  requirements  referred  to  in  Annex  IV,  Part  A, 
Section  I  and  Annex IV, Part B; 

— 

from  Article  7 (2)  and  Article  13 (1) (b),  in  the  case 
of wood,  if  equivalent  safeguards  are  given, 

provided  that  it  is  established  that  the  risk  of  spreading 
harmful  organisms  is  obviated  by one  or  more  of  the  fol 
lowing  factors: 

— 

the  origin  of  the  plants  or  plant  products, 

—  appropriate  treatment, 

—  special  precautions  for  the  use  of  the  plants  or  plant 

products. 

The risk shall  be  assessed  on  the  basis  of  available  scien 
tific  and  technical  information;  where  such  information  is 
insufficient,  it  shall  be  supplemented  by  additional  en 
quiries or, where  appropriate,  by investigations  carried  out 
under  the  authority  of  the  Commission  and  in  accordance 
with  the  relevant  provisions of Article  21 in  the  country of 
origin  of  the  plants,  plant  products  or  other  objects  con 
cerned. 

Each  authorization  shall apply individually  to all or part of 
the  territory  of  the  Community  under  conditions  which 
take  into  account  the risk of  spreading  harmful  organisms 
by the product  in question  in protected  zones or  in certain 
regions  taking  into  account  the  differences  in  agricultural 
and  ecological  conditions.  In  such  cases,  the  Member 
States concerned  shall  be expressly  exempted  from  certain 
obligations  derived  from  the  above  provisions  in  the  deci 
sions providing  for  the  authorizations. 

The  risk  shall  be  assessed  on  the  basis  of  available  scien 
tific  and  technical  information.  Where  such  information  is 
insufficient,  it  shall  be  supplemented  by  additional  en 
quiries or, where  appropriate,  by investigations  carried  out 
by the  Commission  in  the  country  of  origin  of  the  plants, 
plant  products  or  other  objects  concerned. 

2. 
In  the  case  of  the  derogations  provided  for  in  para 
graph  1, an official  statement  that  the conditions for  grant 
ing  the  derogation  are  fulfilled  shall  be  required  for  each 
individual  case. 

3.  Member  States  shall  inform  the  Commission  of  the 
derogations  which  they  have  granted  in  accordance  with 
paragraph  1.  The  Commission  shall  notify 
the  other 
Member  States of  this information  each  year. 

34 

In  accordance  with  the  procedure  laid  down  in  Article  17, 
Member  States  may  be  exempted  from  providing  this  in 
formation. 

94/13/EC-Art  1(9) 

Article  16 

77/93/EEC 

Article  11 

91/683/EEC-Art  1(22) 

90/168/EEC-Art  1(4)  -  91/683/EEC-Art  1(23) 
(adapted) 

91/683/EEC-Art  1(24) 

91/683/EEC-Art  1(25) 

1.  Each  Member  State  shall  immediately  notify  the 
Commission  and  the  other  Member  States  of  the  presence 
in  its  territory  of  any  of  the  harmful  organisms  listed  in 
Annex I, Part A, Section  I, or  Annex II,  Part  A, Section  I, 
or  of  the  appearance  in part  of  its  territory  in which  their 
presence  was  previously  unknown  of  any  of  the  harmful 
organisms  listed  in Annex  I,  Part  A, Section  II,  or  in  Part 
B,  or  in Annex  II, Part  A, Section  II  or  in  Part  B. 

It  shall  take  all  necessary  measures  to eradicate,  or  if  that 
is  impossible,  inhibit  the  spread  of  the  harmful  organisms 
concerned.  It  shall  inform  the  Commission  and  the  other 
Member  States of  the  measures  taken. 

immediately  notify  the 
2.  Each  Member  State  shall 
Commission  and the other  Member  States of  the  actual or 
suspected  appearance  of  anv harmful  organisms  not  listed 
in  Annex  I or in Annex  II whose  presence  was  previously 
unknown  in  its  territory.  It  shall  also  inform  the  Commis 
sion  and  the  other  Member  States  of  the  protective  mea 
sures  which  it  has  taken  or  intends  to  take.  These  mea 
sures  must  inter alia, be  such  as  to  prevent  risk  of  the 
spread  of  the  harmful  organism  concerned  in  the  territory 
of  the  other  Member  States. 

In  respect  of  consignments  of  plants,  plant  products  or 
other objects from  third countries considered  to involve an 
imminent  danger  of  the  introduction  or  spread  of  the 
harmful  organisms  referred  to in paragraph  1 and  the  first 
subparagraph  of  this  paragraph,  the  Member  State  con 
cerned  shall  immediately  take  the  measures  necessary  to 
protect  the  territory  of  the  Community  from  that  danger 
and  shall  inform  the  Commission  and  the  other  Member 
States  thereof. 

Where  a  Member  State  considers  that  there  is  an  immi 
nent  danger other  than  that  referred  to in  the  second sub 
paragraph, it  shall immediately  notify  the  Commission  and 
the  other  Member  States  of  the  measures  which  it would 
like  to  see  taken.  If  it  considers  that  these  measures  are 
not  being  taken  in sufficient  time  to  prevent  the  introduc 
tion or spread  of a harmful  organism  in its territory, it may 
temporarily  take  any  additional  measures  which  it  deems 
necessary,  as  long  as  the  Commission  has  not  adopted 
measures  pursuant  to paragraph  3. 

The  Commission  will  present  a  report  to  the  Council  on 
the  operation  of  this  provision,  together  with  any  propo 
sals, by 31 December  1992. 

35 

2L 
In  cases  referred  to  in  paragraphs  1 and  2.  the  Com 
mission  shall  examine  the  situation  as  soon  as  possible 
within  the  Standing  Committee  on  Plant  Health.  On-site 
investigations  may  be  made  under  the  authority  of  the 
Commission  and  in  accordance  with  the  relevant  provisions 
of  Article  21.  The  necessary  measures  may  be  adopted,  in 
cluding  those  whereby  it  may  be  decided  whether  measures 
taken  by  the  Member  States  should  be  rescinded  or 
amended,  under  the  procedure  laid  down  in  Article  19. 
The  Commission  shall  follow  the  development  of  the  situ 
ation  and,  under  the  same  procedure,  shall  amend  or  re 
peal,  as  that  development  requires,  the  said  measures. 
Until  a  measure  has  been  adopted  under  the  aforesaid 
procedure,  the  Member  State  may  maintain  the  measures 
that  it  has  employed. 

4.  The  detailed  rules  for  applying  paragraphs  1  and  2 
shall  be  adopted,  as  necessary,  in  accordance  with  the  pro 
cedure  laid  down  in  Article  18. 

89/439/EEC-Art.  1(9)  -  91/683/EEC-Art.  1(26) 

90:16S/EEC-Art.  1(5)  -  91/683/EEC-Art.  1(26,) 

Article  17 

77/93/EEC 

ArticU-16 

95'1/EC, Euratom,  ECSC 

77/93/EEC — 95/1/EC, Euratom,  ECSC 

1.  Where  the  procedure  laid  down  in  this  Article  is  to 
be  followed,  the  matter  shall  be  referred  without  delay  to 
the  Standing  Committee  on  Plant  Health  (hereinafter  re 
ferred  to  as  'the  Committee',  by  its  chairman,  either  on  his 
own  initiative  or  at  the  request  of  a  Member  State. 

2.  The  representative  of  the  Commission  shall  submit  to 
the  Committee  a  draft  of  the  measures  to  be  taken.  The 
Committee  shall  deliver  its  opinion  on  the  draft  within  a 
time  limit  which  the  Chairman  may  lay  down  according  to 
the  urgency  of  the  matter.  The  opinion  shall  be  delivered 
by  the  majority  laid  down  in  Article  148  (2)  of  the  Treaty 
in  the  case  of  decisions  which  the  Council  is  required  to 
adopt  on  a  proposal  from  the  Commission.  The  votes  of 
the  representatives  of  the  Member  States  within  the  Com 
mittee  shall  be  weighted  in  the  manner  set  out  in  that  Ar 
ticle.  The  Chairman  shall  not  vote. 

2u  Where  the  measures  are  in  accordance  with  the  opin 
ion  of  the  Committee,  the  Commission  shall  adopt  them 
and  shall  implement  them  forthwith.  Where  the  measures 
are  not  in  accordance  with  the  opinion  of  the  Committee 
or  if  no  opinion  is  delivered,  the  Commission  shall  im 
the 
mediately  submit 
the 
to  be 
measures 
measures  by  a  qualified  majority. 

to 
the  Council  a  proposal  on 
taken.  The  Council  shall  adopt 

If,  within  three  months  following  the  date  on  which  the 
matter  was  referred  to  it,  the  Council  has  not  adopted 
the  proposed 
measures, 
measures  and  shall  implement  them  immediately,  except 
where  the  Council  has  rejected  the  said  measures  by  a 
simple  majority'. 

the  Commission  shall  adopt 

36 

Article 18 

89/439/EEC-Art  1(10) 

Article  16a 

1.  Where  the  procedure  laid  down  in  this  Article  is  to 
be  followed,  the  matter  shall  be  referred  without  delay  to 
the  Committee,  by its chairman,  either  on  his  own  initiat 
ive or  at  the  request of  a  Member  State. 

(adapted) 

95/1/EC, Euratom, ECSC 
(adapted) 

89/439/EEC -  Art  1(10) 
-  95/1/EC, Euratom, ECSC 

77/93/EEC 
(adapted) 

Article  p 

95/1/EC, Euratom, ECSC 
(adapted) 

77/93/EEC -  95/1/EC, Euratom, ECSC 

2.  The  representative  of  the  Commission  shall submit to 
the  Committee  a  draft  of  the  measures  to  be  taken.  The 
Committee  shall  deliver  its  opinion  on  the  draft  within  a 
time  limit which the  Chairman  may  lay down  according  to 
the  urgency of  the  matter.  The  opinion  shall  be  delivered 
by the  majority  laid  down  in Article  148  (2)  of  the  Treaty 
in  the  case  of  decisions  which  the  Council  is  required  to 
adopt  on  a  proposal  from  the  Commission.  The  votes  of 
the  representatives  of  the  Member  States  within  the  Com 
mittee  shall be weighted  in  the  manner  set  out  in that  Ar 
ticle. The  Chairman  shall  not vote. 

2L  Where  the  measures  are  in accordance  with the opin 
ion  of  the  Committee,  the  Commission  shall  adopt  them 
and  shall  implement  them  forthwith.  Where  the  measures 
are  not  in  accordance  with  the  opinion  of  the  Committee 
or  if  no  opinion  is  delivered,  the  Commission  shall  im 
mediately  submit  to  the  Council  a  proposal  on  the 
measures  to  be  taken.  The  Council  shall  adopt  the 
measures  by a qualified  majority. 

If,  within  three  months  following  the  date  on  which  the 
matter  was  referred  to  it  the  Council  has  not  adopted 
the  proposed 
measures,  the  Commission  shall  adopt 
measures. 

Article 19 

1.  Where  the  procedure  laid  down  in  this  Article  is  to 
be  followed,  the  matter  shall  be  referred  without  delay  to 
the  Committee, by its chairman,  either  on  his own  initiat 
ive or  at  the  request  of  a  Member  State. 

2.  The  representative  of  the  Commission  shall  submit  to 
the  Committee  a  draft  of  the  measures  to  be  taken.  The 
Committee  shall deliver its opinion  on  the  draft  within two 
days.  The  opinion  shall  be  delivered  by  the  majority  laid 
down  in  Article  148 (2)  of  the  Treaty  in  the  case  of  deci 
sions which the Council  is required  to  adopt  on  a proposal 
from  the  Commission. The  votes  of  the  representatives  of 
the  Member  States  within 
the  Committee  shall  be 
weighted  in the manner  set out  in  that  Article. The  Chair 
man  shall  not vote. 

2u  Where  the measures  are  in accordance  with the opin 
ion  of  the  Committee,  the  Commission  shall  adopt  them 
and  shall  implement  them  forthwith.  Where  the  measures 
are  not  in  accordance  with  the  opinion  of  the  Committee 
or  if  no  opinion  is  delivered,  the  Commission  shall  im 
mediately  submit  to  the  Council  a  proposal  on  the 
measures  to  be  taken.  The  Council  shall  adopt  the 
measures  by a qualified  majority. 

37 

If,  within  15 days  following  the  date  on  which  the  matter 
was referred  to it  the  Council  has  not  adopted  measures, 
the  Commission  shall  adopt  the  proposed  measures  and 
shall implement them immediately, except where the Coun 
cil  has  rejected  the  said  measures  by  a  simple  majority. 

77/93/EEC 

Article  20 

1.  This  Directive  in  no  way  affects  Community  provi 
sions  on  plant-health  requirements  for  plants  and  plant 
products, except where  it provides  for  or  expressly  permits 
stricter  requirements  in this  respect 

2.  Amendments  to  this Directive  which  are  necessary  to 
establish  coherence  with  the  Community  provisions  re 
ferred  to  in  paragraph  1 shall  be  adopted  in  accordance 
with  the  procedure  laid  down  in  Article  18. 

91/683/EEC-Art. 1(27) 

3.  For  the  introduction  into  their  territory  of  any plants 
or  plant  products,  in  particular  those  listed  in  Annex  VI 
and  their  packaging  or  the  vehicles  transporting  them, 
Member  States  may  take  special  plant-health  measures 
against the harmful  organisms which generally attack plants 
or  plant  products  in storage. 

77/93/EEC 
(adapted) 

Article  18 

Article  21 

89/439/EEC-Art  1(11) 

Article  19a 

1.  For  the  purpose  of  ensuring  the  correct  and  uniform 
application  of  this  Directive,  and  without  prejudice  to 
checks  carried  out  under  the  authority  of  the  Member 
States, the  Commission  may organize  checks  to  be  carried 
out  by  experts  under  its  authority  in  respect  of  the  tasks 
listed  in  paragraph  3,  on-  or  off-site,  in  accordance  with 
the  provisions  of  this Article. 

Where such checks are carried out  in a Member  State, this 
must be done in cooperation  with  the  official  plant  protec 
tion  organization  of  that  Member  State  as  specified  in 
paragraphs 4 and 5 and in  accordance  with  the  procedures 
set  out  in paragraph  7. 

2.  The  experts  referred  to  in paragraph  1 may be: 

—  employed  by the  Commission, 

—  employed  by Member  States,  and  put  at  the  disposal 

of  the  Commission  on  a  temporary  or ad hoc basis. 

They shall have acquired, at least in one  Member  State.the 
qualifications  required  for  persons  in  charge  of  carrying 
out  and  monitoring  official  plant  health  inspections. 

3.  The checks referred  to in paragraph  1 may be  carried 
out  in respect of  the  following  tasks: 

(adapted) 

—  monitoring  examinations  pursuant  to  Article  6, 

38 

89/439/EEC-Art  1(11) 

(adapted) 

—  monitoring or, within the framework  of  the  provisions 
laid down  in the fifth  subparagraph  of  this  paragraph, 
carrying  out  in  cooperation  with  the  Member  States 
inspections  pursuant  to Article  13 (1), 

—  carrying out the activities specified  in the  technical  ar 

rangements  referred  to  in Article  13 (7), 

—  making the  investigations  referred  to  in Article  15 (1) 

and  Article  16 (3), 

—  assisting the  Commission in the  matters  referred  to in 

paragraph  6, 

—  carrying out  any other  duty assigned  to  the  experts by 
the  Council,  acting  by a  qualified  majority  on  a pro 
posal  from  the  Commission. 

4.  For the purpose  of the tasks listed  in paragraph  3, the 
experts  referred  to  in paragraph  1 may: 

—  visit  nurseries,  farms  and  other  places  where  plants, 
plant  products  or  other  objects  are  or  were  grown, 
produced,  processed  or  stored, 

—  visit  places where  examinations  pursuant  to  Article  6 
or  inspections  pursuant  to  Article  13 are  carried  out, 

—  consult officials  of the official  plant  protection  organ 

izations  of  the  Member  States, 

—  accompany  the  Member  States'  national  inspectors 
when  they carry  out  activities  for  the  purposes  of  ap 
plying this  Directive. 

5.  Under  the  cooperation  mentioned  in paragraph  1, se 
cond  subparagraph,  the  official  plant  protection  organiza 
tion of that Member State shall be given sufficient  advance 
notice  of  the  task  to permit the  necessary  arrangements  to 
be  made. 

Member  States  shall  take  all  reasonable  steps  to  ensure 
that  the  objectives  and  effectiveness  of  inspections  are  not 
jeopardized.  They  shall  ensure  that  the  experts  may  carry 
out  their tasks without hindrance, and shall  take all reason 
able  steps  to  provide  them,  on  their  request,  with  the 
available  necessary  facilities,  including  laboratory  equip 
ment  and  laboratory  staff.  The  Commission  shall  ensure 
refunding  of  expenses  resulting  from  such  requests, within 
the  limits  of  appropriations  available  for  that  purpose  in 
the  General  Budget  of  the  European  Union. 

The experts shall, wherever national  legislation so requires, 
be duly mandated  by the official  plant  protection  organiza 
tion of  the Member  State concerned  and  observe  the  rules 
and  practices  imposed  on  that  Member  State's  officials. 

39 

89/439/EEC-Art  1(11) 

(adapted) 

Where  the task consists of monitoring  the examinations re 
ferred  to  in  Article  6,  monitoring  the  inspections  referred 
to  in  Article  13 (1), or  making  the  investigations  referred 
to  in Article  15 (1) and Article  16 (3), no decision  may be 
taken  on-site. The  experts  shall  report  to  the  Commission 
on  their  activities  and  their  findings. 

Where  the task consists of carrying out in cooperation with 
the  Member  States  the  inspections  pursuant  to  Article  13 
(1),  those  inspections  shall  be integrated  in  an  established 
inspection  programme  and  the  rules  of  procedure  estab 
lished  by  the  Member  State  concerned  shall  be  complied 
with;  however,  in  the case of  a joint  inspection,  the  Mem 
ber  State  concerned  will  only  allow  the  introduction  of  a 
consignment  into the Community if its plant protection or 
ganization  and the Commission are in agreement. In accor 
dance  with  the  procedure  laid  down  in  Article  18,  this 
condition  may  be  extended  to  other  irrevocable  require 
ments applied  to consignments before  introduction  into the 
Community  if  experience  shows such  extension  to  be  nec 
essary.  Should  the  Community  expert  and  the  national  in 
spector  fail  to  agree,  the  Member  State  concerned  shall 
take  any  necessary  temporary  measures,  pending  a  defini 
tive decision. 

In  all cases, national  provisions  in respect  of  criminal pro 
ceedings and  administrative penalties shall  apply  according 
to  the  normal  procedures.  Where  the  experts  identify  a 
suspected  infringement  of  the  provisions  of  this  Directive, 
this  shall  be  notified  to  the  competent  authorities  of  the 
Member  State  concerned. 

6.  The  Commission  shall: 

—  establish  a  network for  the  notification  of  new occur 

rences  of  harmful  organisms, 

—  make  recommendations  for  drawing  up guidelines  for 
the experts and  for  national  inspectors  in carrying out 
their  activities. 

To assist the Commission in this latter task, Member  States 
shall  notify  the  Commission of the current  national inspec 
tion  procedures  in  the plant  health  field. 

7.  The  Commission  shall  adopt,  under  the  procedure 
laid  down  in  Article  18, detailed  rules  for  the  application 
of  this  Article,  including  those  applicable  to  the  cooper 
ation  mentioned  in paragraph  1, second  subparagraph. 

8.  The  Commission  shall  report  to  the  Council, no  later 
than  31  December  1994,  on  the  experience  gained  from 
the  implementation  of  the  provisions  of  this  Article.  The 
Council, acting by a qualified  majority  on  a  proposal  from 
the  Commission,  shall  take  the  necessary  measures  to 
amend  these  provisions,  if  appropriate,  in  the  light  of  this 
experience. 

40 

Article  22 

97/3/EC -  Art. 1.2 

Article  19h 

In  the  event  of  the  actual  or  suspected  appearance  of  a 
harmful  organism  as a  result  of  its  introduction  or  spread 
within  the  Community,  Member  States  may  receive  a 
"plant-health control" financial  contribution  from  the Com 
munity pursuant  to Articles 23 and 24 to cover  expenditure 
relating  directly  to  the  necessary  measures  which  have 
been  taken  or  are  planned  for  the  purpose  of  combating 
that  harmful  organism  in  order  to  eradicate  or,  if  that  is 
not possible, contain  it. The  Commission  shall  propose  the 
entry  of  suitable  appropriations  for  that  purpose  in  the 
general  budget  of  the  European  Union. 

Article  23 

Article  19c 

The  Member  State  concerned  may  receive,  at  its  request, 
the Community financial contribution  referred  to in Article 
22, where  it  is established  that  the  harmful  organism  con 
cerned,  whether  or  not  listed  in Annexes  I  and  II: 

—  has  been  notified  under  Article  16  (1)  or  (2), first 

subparagraph,  and 

—  constitutes  an  imminent  danger  for  all  or  part  of  the 
Community  due  to  its  appearance  in  an  area  where 
the organism had either  not been  known to occur pre 
viously or  had  been  or  was being  eradicated,  and 

—  was  introduced  into  that  area  through  consignments 
of plants, plant products or other  objects  from  a third 
country  or  another  area  of  the  Community. 

2.  The following shall be regarded  as necessary measures 
within  the  meaning of  Article 22: 

(adapted) 

(a)  destruction,  disinfection,  disinfestation,  sterilization, 
cleaning or  any other  treatement  carried  out  officially 
or  upon  official  request  in  respect  of: 

(i)  plants,  plant  products  or  other  objects  constitu 
ting the consignment(s)  through  which the  harm 
ful  organism  was  introduced  into  the  area  in 
question  and  which  are  recognized  as  being 
contaminated  or  liable  to  be  contaminated, 

(ii)  plants, plant products  and  other  objects, recogni 
zed  as being contaminated  or  liable  to  be conta 
minated  by  the  harmful  organism  introduced, 
which  have  been  grown  from  plants  in  the 
consignment(s)  concerned  or  have  been  in close 
proximity  to  the  plants,  plant  products  or  other 
objects  of  those  consigments  or  to  plants  grown 
from  them, 

(iii)  growing  substrates  and  land  recognized  as being 
contaminated  or liable to be contaminated  by the 
harmful  organism  concerned, 

41 

97/3/EC -  Art  1.2 

(adapted) 

(iv)  production  material,  packaging,  wrapping  and 
storage  material,  storage  or  packaging  premises 
and  means  of  transport  which  have  been  in 
contact with  all or  some  of  the  plants, plant pro 
ducts  and  other  objects  referred  to  above, 

(b)  inspections or testing carried  out  officially  or  upon  of 
ficial request  to  monitor  the  presence  or  extent  of 
contamination  by  the  harmful  organism  which  has 
been  introduced, 

(c)  prohibitions  or  restrictions  in  respect  of  the  use  of 
growing  substrates,  cultivable  areas  or  premises,  as 
well  as  plants,  plant  products  or  other  objects  other 
than  material  from  the  consignment(s)  in  question  or 
grown  therefrom  where  they  result  from  official  deci 
sions  taken  on  the  grounds  of  plant-health  risks  re 
lated  to  the  harmful  organism  introduced. 

3.  Payments  made  from  public  funds  in  order  to: 

—  cover  all  or  part  of  the  costs  of  the  measures  de 
scribed  in  points  (a)  and  (b)  of  paragraph  2,  except 
for  those  related  to  the  regular  running  costs  of  the 
competent  official  body concerned,  or 

— 

to  compensate  for  all  or  part  of  the  financial  losses 
other  than loss of earnings resulting  directly  from  one 
or  more  of  the  measures  described  in  point  (c)  of 
paragraph  2, 

shall  be  considered  to  be  expenditure  directly  relating  to 
the  necessary  measures  referred  to  in  paragraph  2. 

By way of  derogation  from  the  second  indent  of  the  first 
subparagraph  an  implementing  Regulation  may  specify,  in 
accordance  with  the  procedure  laid  down  in  Article  18, 
cases  in which  compensation  for  loss  of  earnings  shall  be 
considered  to be expenditure  directly  relating  to  necessary 
measures subject  to the conditions  specified  in this respect 
in paragraph  5 as well  as the  time  limitations  applicable  to 
those  cases, with  a maximum  of  three  years. 

4. 
In order to qualify  for  the financial contribution  from 
the  Community  and  without  prejudice  to  Article  16,  the 
Member State concerned shall apply to the  Commission, at 
the  latest  before  the  end  of  the  calendar  year  following 
that  in which the  appearance  of the  harmful  organism was 
detected,  and  shall  forthwith  inform  the  Commission  and 
the  other  Member  States  of: 

— 

— 

— 

the  reference  of  the  notification  provided  for  in  the 
first  indent  of paragraph  1, 

the nature  and  extent of  the  appearance  of  the  harm 
ful  organism  as  referred  to  in  Article  22,  and  when, 
where  and  how it was detected, 

the  identity  of  the  consignments  referred  to  in  the 
third  indent  of  paragraph  1 through  which  the  harm 
ful  organism  was introduced, 

42 

97/3/EC -  Art  1.2 

— 

— 

the  necessary  measures which  have  been  taken  or  are 
planned  for  which  it  is  seeking  assistance,  together 
with  timetables  for  them,  and 

the  results  obtained  and  the  actual  or  estimated  cost 
of the expenditure  incurred or to be  incurred, and  the 
proportion  of  such expenditure  covered  or  to  be cov 
ered  from  public  funds  allocated  by  the  Member 
State  for  implementation  of  those  same  necessary 
measures. 

Where  the  appearance  of  the  harmful  organism  was  de 
tected  prior  to 30 January  1997, that  date  shall  be  deemed 
to  be  the  date  of  detection  within  the  meaning  of  this 
paragraph  and  paragraph  5, provided  that  the  actual  date 
of  detection  is  not  earlier  than  1 January  1995. However, 
this  provision  shall  not  apply  in  respect  of  compensation 
for  loss of earnings referred  to in paragraph  3, second sub 
paragraph  save  in  exceptional  cases,  under  the  conditions 
laid  down  in  the  implementing  Regulation  referred  to  in 
paragraph  3, to  loss of  earnings  occurring  thereafter. 

5.  Without  prejudice  to  Article  24,  the  allocation  and 
the amount of the financial contribution  from  the  Commu 
nity shall be decided  in accordance with the  procedure  laid 
down  in  Article  18,  in  the  light  of  the  information  and 
documents  submitted  by  the  Member  State  concerned  in 
accordance  with  paragraph  4  and,  where  appropriate,  the 
results  of  investigations  carried  out  on  the  Commission's 
authority  by the  experts  referred  to  in Article  21 pursuant 
to  the first subparagraph  of  Article  16 (3),  taking  into  ac 
count  the  extent  of  the  danger  referred  to  in  the  second 
indent  of  paragraph  1  above,  and  depeftding  on  the  ap 
propriations  available  for  these  purposes. 

Within  the  limits  set  by  the  appropriations  available  for 
these  purposes,  the  financial  contribution  from  the  Com 
munity  shall  cover  up  to  50 %  and,  in  case  of  compensa 
tion for  loss of earnings referred  to  in paragraph  3, second 
subparagraph,  up  to  25 %, of  expenditure  relating  directly 
to  the  necessary  measures  referred  to  in  paragraph  2, pro 
vided  that  these  measures  have been  taken within  a period 
not  more  than  two years  after  the  date  of  detection  of  the 
appearance  of a harmful  organism  as referred  to in Article 
22, or  are  planned  for  that  period. 

The  aboveraentioned  period  may  be  extended,  in  accor 
dance with the  same  procedure,  if examination  of  the  situ 
ation  concerned  leads  to  the  conclusion  that  the  objective 
of  the measures will  be achieved within  a reasonable  addi 
tional period. The financial contribution  from  the  Commu 
nity shall  be  degressive  over  the  years  concerned. 

Where  the  Member  State  is unable  to  supply  the  required 
information  regarding  the  identity  of  the  consignment  in 
accordance  with  the  third  indent  of  paragraph  4,  it  shall 
indicate  the  presumed  sources  of  the  appearance  and  the 
reasons why the  consignments could  not  be identified.  The 
allocation  of  the financial contribution  may  be  approved, 
in accordance  with  the  same  procedure,  depending  on  the 
outcome  of  an  assessment  of  that  information. 

43 

97/3/EC -  Art  1.2 

Detailed  rules  for  the  implementation  of  this  paragraph 
shall  be  established  in  an  implementing  Regulation  in  ac 
cordance  with  the  procedure  laid  down  in Article  18. 

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  18 or  Article  19, that  fur 
ther  action will be  implemented  or  that  measures  taken  or 
planned by the Member  State concerned  will be made sub 
ject  to  certain  requirements  or  additional  conditions,  if 
these  are  necessary  for  the  achievement  of  the  objctive  in 
question. 

The  allocation  of  the  financial  contribution  from  the  Com 
munity  for  such further  action,  requirements  or  conditions 
shall  be  decided  by the  same  procedure.  Within  the  limits 
set  by the  appropriations  available  for  these  purposes,  the 
financial  contribution  from  the  Community  shall  cover  up 
to  50 % of  expenditure  relating  directly  to  the  further  ac 
tion,  requirements  or  conditions  concerned. 

Where  such  further  action,  requirements  or  conditions  are 
essentially designed  to protect  Community territories  other 
than  that  of  the  Member  State  concerned,  it  may  be  de 
cided,  in  accordance  with  the  same  procedure,  that  the 
Community financial allocation shall cover more than 50 % 
of  the  expenditure. 

The financial contribution  from  the  Community shall be of 
a  limited  duration  and  shall  be  degressive  over  the  years 
concerned. 

7.  The  allocation  of  a  financial  contribution  from  the 
Community  shall  be without  prejudice  to  claims which  the 
Member  State  concerned  or  individuals  may  have  against 
others,  including  other  Member  States  in  the  cases  re 
ferred  to  in  Article  24  (3),  for  the  refunding  of  expendi 
ture,  compensation  for  losses or  other  damages  under  na 
tional  law, Community  law or  international  law. Rights  in 
these  claims will  be  the  object  of  a  transfer,  by  operation 
of  law, to the  Community with effect  from  the  payment of 
the  financial  contribution  from  the  Community,  to  the  ex 
tent  that  such  expenditure,  losses  or  other  damages  are 
covered  by that  contribution. 

8.  The financial contribution  from  the  Community  may 
be  paid  in  several  instalments. 

If  it appears that  the financial contribution  from  the  Com 
munity  as  allocated  is  no  longer  justified,  the  following 
shall  apply: 

The  amount  of  the  financial  contribution  from  the  Com 
munity  allocated  to  the  Member  State  concerned  pursuant 
to  paragraphs  5  and  6  may  either  be  reduced  or  sus 
pended,  if  it  is  established  from  the  information  supplied 
by that Member  State, or from  the  results of  investigations 
carried  out  on  the  Commission's  authority  by  the  experts 
referred  to in Article  21, or from  the results of the  suitable 
examination  which  the  Commission  has  conducted  in  ac 
cordance with the procedures analogous to those in Article 
24 (1)  of  Council  Regulation  (EEC)  No  4253/88 (l)  that: 

(!)  OJ  No  L  374.  31.  12.  1988,  p.  1.  Regulation  as  last 
amended bv Regulation  (EC)  No 3193/94 (OJ No L 337, 
24. 11 1994, p.  11). 

44 

97/3/EC -  Art  1.2 

— 

failure  to  implement  the  necessary  measures  decided 
on  in accordance with paragraphs  5 and  6, whether in 
whole  or  in  part,  or  failure  to  comply  with  the  rules 
or  time  limits set  in  accordance  with  those  provisions 
or  required  by the  objectives  pursued  is  not  justified, 
or 

— 

the  measures  are  no  longer  necessary,  or 

—  a situation  as described  in Article  24 (2)  of  aforesaid 

Regualtion  (EEC)  No 4253/88  is  revealed. 

9.  Articles  8  and  9  of  Council  Regulation  (EEC)  No 
729/70 (l),  shall  apply mutatis mutandis. 

10.  The  Member  State  concerned  shall  repay  the  Com 
munity  all  or  part  of  any  amounts  paid  it  by  way  of  a 
Community  financial  contribution  allocated  under  para 
graphs  5 and  6 above  if  it  is  established  from  the  sources 
as specified  in  paragraph  8, that 

(a) 

the  necessary  measures  taken  into  account  pursuant 
to  paragraphs  5 or 6 

have  not  been  implemented,  or 

have  not  been  implemented  in  a  manner  which 
complies  with  the  rules  or  time  limits  set  in  ac 
cordance  with  those  provisions  or  required  by 
the  objectives  pursued, 

0) 

(ii) 

or 

(b)  the  amounts  paid  have  been  used  for  purposes  other 
than  those  for  which  the  financial  contribution  was 
allocated, 

or 

(c)  a situation  as described  in  Article  24 (2)  of  aforesaid 

Regulation  (EEC)  No 4253/88 is  revealed. 

The rights referred  to  the  second  sentence  of  paragraph  7 
will be the object  of a transfer  by operation  of  law back  to 
the  Member  State  concerned  with  effect  from  the  time of 
repayment,  inasmuch  as  they  are  covered  by  that  repay 
ment. 

Interest  on  account  of  late  payement  shall  be  charged  on 
suras  not  repaid  in  compliance  with  the  provisions  of  the 
Financial  Regulation  and  in  accordance  with  the  arrange 
ments  to  be  drawn  up  by  the  Commission  in  accordance 
with  the  procedure  laid  down  in  Article  18. 

Article  24 

Article  I9d 

1. 
In  respect  of  the  causes  for  the  appearance  of  the 
harmful  organism  referred  to  in  Article  22,  the  following 
shall  apply: 

The  Commission  shall  verify  whether  the  appearance  of 
the  harmful  organism  in the area concerned was caused by 
the movement  into  that  area of one or  more  consignments 
carrying the harmful  organism and  shall identify  the  Mem 
ber  State  or  the  successive  Member  State  from  which  the 
consignment(s)  came. 

(*)  OJ  No  L  94,  28.  4.  1970,  p.  13.  Regulation  as  last 
amended  by Regulation (EC) No 1287/95 (OJ No L 125, 
8. 6. 1995, p. 1). 

45 

97/3/EC -  Art  1.2 

(adapted) 

The Member State from  which the consignment(s)  carrying 
the  harmful  organism  came,  whether  or  not  the  same 
Member  State  as  that  referred  to  above,  shall  forthwith 
inform  the  Commission,  at  the  latter's  request,  of  all  de 
tails relating to the origin  or  origins of  the  consignment(s) 
and  the  administrative  handling  involved,  including  the ex 
aminations,  inspections  and  controls  provided  for  in  this 
Directive,  in  order  to  determine  why  that  Member  State 
failed  to  detect  that  the  consignment(s)  did  not  comply 
with  the  provisions  of  this  Directive,  It  shall  also  inform 
the Commission, at its request, of the destination  of all the 
other  consignments  sent  from  the  same  origin  or  origins 
during  a specified  period 

For  the  purpose  of  supplementing  the  information,  inves 
tigations  may be carried out on the Commission's  authority 
by the  experts  referred  to  in  Article 21. 

2.  The information  acquired pursuant  to these provisions 
or  those  of  Article  16 (3)  shall  be  examined  in  the  Com 
mittee  for  the  purposes  of  identifying  any  failings  in  the 
Community's plant  health  regulations or  their  implementa 
tion,  and  any  measures  that  could  be  taken  to  remedy 
those  faUings. 

The  information  referred  to  in  paragraph  1 shall  also  be 
used  to  establish,  in  accordance  with  the  Treaty,  whether 
the  Member  State  from  which  the  consignment(s)  came 
did  not  detect  their  non-compliance  which  resulted  in  the 
appearance  of the  harmful  organism  in  the  area  concerned 
because  that  Member  State  failed  to  meet  one  of  its  ob 
ligations  under  the Treaty and  under  the  provisions  of  this 
Directive  relating  in  particular  to  the  examinations  laid 
down  in  Article  6 or  the  inspections  laid  down  in  Article 
13 (1). 

3.  Where  the  conclusions  referred  to  in  paragraph  2 is 
reached  in respect  of  the  Member  State  referred  to in Ar 
ticle 23 (1), the Community financial  contribution  shall not 
be  allocated, shall  not  be  paid  or,  if  already  paid,  shall  be 
refunded  to  the  Community.  In  the  latter  case,  the  third 
subparagraph  of  Article  23 (10)  shall  apply. 

Where  the  conclusion  referred 
to  in  paragraph  2  is 
reached  in  respect  of  another  Member  State,  Community 
law shall  apply, taking into  account  the  second  sentence of 
Article  23 (7). 

46 

97/3/EC -  Art  1.2 
(adapted) 

Artick 2 

Article 25 

As regards  the finandal  contribution  referred  to in Article 
13  (9)  and  Articles  22, 23  and  24,  the  Council,  acting  by 
qualified  majority  on a proposal  from  the  Comission, shall 
adopt provisions in respect of  the  exceptional  cases of pre 
dominant Community interest justifying  a Community con 
tribution,  up  to  70 %, of  the  expenditure  relating  directly 
to improving equipment  and  facilities,  within  the  limits set 
by  appropriations  available  for  those  purposes  and  pro 
vided  that  this would  not  affect  decisions  pursuant  to  Ar 
ticle 23 (5)  or (6). 

Article  26 

(adapted) 

Article 3 

By  20  January  2002  at  the  latest,  the  Commission  shall 
examine the results of the application  of Article  13 (9) and 
Articles 22, 23 and 24 and  submit  to  the  Council  a report, 
accompanied  by any necessary  proposals  for  amendments. 

Article 27 

Directive  77/93/EEC  as  amended  by the  acts listed  in An 
nex  VIII,  Part  A,  is  hereby  repealed  without  prejudice  to 
the obligations of the  Member  States  concerning the  time-
limits  for  transposition  and  application  set  out  in  Annex 
VIII,  Part B. 

References  to the repealed  Directive  shall  be  construed  as 
references  to  this  Directive  and  should  be  read  in  accor 
dance with  the correlation  table  in Annex  IX. 

Article 28 

This  Directive  shall  enter  into  force  on  the  twentieth  day 
following  that  of  its  publication  in  the  Official Journal  of 
the European  Communities. 

Article 29 

This  Directive  is addressed  to  the  Member  States. 

Done  at  Brussels, 

For the  Council 

The President 

47 

ANNEX 1 

Part A 

92/103/EEC-Art 1 

HARMFUL ORGANISMS  WHOSE  INTRODUCTION 
INTO, AND SPREAD WITHIN, ALL MEMBER  STATES 
SHALL BE BANNED 
Section  I 

HARMFUL  ORGANISMS  NOT  KNOWN  TO  OCCUR 
IN  ANY  PART OF THE  COMMUNITY  AND  RELE 
VANT FOR  THE  ENTIRE  COMMUNITY 

(a)  Insects,  mites  and  nematodes,  at  all  stages  of  their 

development 

1.  Acleris  spp.  (non-European) 

2.  Amauromyza  maculosa  (Malloch) 

3.  Anomala  orientalis  Waterhouse 

4.  Anoplophora  chinensis  (Thomson) 

5.  Anoplophora  malasiaca  (Forster) 

6.  Arrhenodes  minutus  Drury 

7.  Bemisia  tabaci  Genn.  (non-European  popula 

tions) vector  of viruses  such  as: 

(a)  Bean  golden  mosaic virus 

(b)  Cowpea  mild  mottle  virus 

(c)  Lettuce  infectious  yellows virus 

(d)  Pepper  mild  tigré  virus 

(e)  Squash  leaf  curl  virus 

(f)  Euphorbia  mosaic virus 

(g)  Florida  tomato virus 

8.  Cicadellidae  (non-European)  known  to be vector 
of  Pierce's  disease  (caused  by Xylella fastidiosa), 
such as: 

(a)  Cameocephala fulgida Nottingham 

(b)  Draeculacephala  minerva  Ball 

(c)  Graphocephala  atropunctata  (Signoret) 

9.  Choristoneura  spp.  (non-European) 

10.  Conotrachelus  nenuphar  (Herbst) 

11.  Heliothis zea (Boddie) 

11  Liriomyza  sativae  Blanchard 

13.  Longidorus  diadecturus  Eveleigh  et Allen 

14.  Monochamus  spp.  (non-European) 

15.  Myndus  crudus  Van Duzee 

16.  Nacobbus  aberrans  (Thorne) Thome  et  Allen 

17.  Premnotrypes  spp.  (non-European) 

18.  Pseudopityophthorus minutisùmus  (Zimmermann) 

(adapted) 

19.  Pseudopityophthorus pruinosus (Eichhoff) 

(adapted) 

48 

20.  Scaphoideus  luteolus  (Van  Duzee) 

92/103/EEC-Art 1 

21.  Spodoptera  eridania  (Cramer) 

22.  Spodoptera frugiperda  (Smith) 

23.  Spodoptera  litura  (Fabricius) 

24.  Thrips palmi Karny 

25.  Thephriddae  (non-European)  such  as: 

(a)  Anastrepha fraterculus  (Wiedemann) 

(b)  Anastrepha  ludens (Loew) 

(c)  Anastrepha  obliqua Macquart 

(d)  Anastrepha  suspensa  (Loew) 

(e)  Dacus ciliatus  Loew 

(f)  Dacus cucurbitae  Coquillett 

(g)  Dacus dorsalis  Hendel 

(h)  Dacus tryoni  (Froggatt) 

(i)  Dacus tsuneonis  Miyake 

(j)  Dacus zonatus Saund. 

(k)  Epochra  canadensis  (Loew) 

(1)  Pardalaspis  cyanescens  Bezzi 

(m)  Pardalaspis  quinaria  Bezzi 

(n)  Pterandrus  rosa (Karsch) 

(o)  Rhacochlaena  Japonica  lto 

(p)  Rhagoletis  cingulata  (Loew) 

(q)  Rhagoletis  compléta  Cresson 

(r)  Rhagoletis fausta (Ôsten-Sacken) 

(s)  Rhagoletis  indifferens  Curran 

(t)  Rhagoletis  mendax Curran 

(u)  Rhagoletis pomonella  Walsh 

(v)  Rhagoletis  ribicola  Doane 

(w)  Rhagoletis suavis (Loew) 

26.  Xiphinema  americanum  Cobb  sensu  lato  (non-

European  populations) 

27.  Xiphinema californicum  Lamberti  and  Bleve-Za-

cheo 

(b)  Bacteria 

1.  Xylella fastidiosa  (Well  and  Raju) 

(c)  Fungi 

1.  Ceratocystis fagacearum  (Bretz)  Hunt 

2.  Chrysomyxa  arctostaphyli  Dietel 

3.  Cronartium  spp.  (non-European) 

4.  Endocronartium  spp.  (non-European) 

5.  Guignardia  bricina (Saw.)  Yamamoto  and  lto 

6.  Gymnosporangium  spp.  (non-European) 

7. 

Inonotus weirii  (Murrill)  Kotlaba  and  Pouzar 

49 

8.  Melampsora fariowii  (Arthur)  Davis 

92/103/EEC-Art 1 

9.  Monilinia fructicola  (Winter)  Honey 

10.  Mycosphaerella  larici-leptolepis  lto et al. 

11.  Mycosphaerella populorum G.E.  Thompson 

12.  Phoma andina Turkensteen 

13.  Phyloosticta  solitaria  Ell.  and  Ev. 

14.  Septoria Iycopersici Speg. var. malagutii  Ciccarone 

and  Boerema 

15.  Thecaphora  solani Barrus 

15.1. Tilletia  indica Mitra 

96/78/EC 

16.  Trechispora  brinkmannii  (Bresad.)  Rogers 

92/103/EEC -  Art  1 

(d)  Viruses  and virus-like  organisms 

1.  Elm  phloem  necrosis  mycoplasm 

2.  Potato viruses  and virus-like  organisms  such as: 

(a)  Andean  potato  latent  virus 

(b)  Andean  potato  mottle  virus 

(c)  Arracacha  virus  B, oca  strain 

(d)  Potato  black  ringspot  virus 

(e)  Potato  spindle  tuber  viroid 

(f)  Potato virus T 

(g)  non-European  isolates  of  potato  viruses  A, 
M, S, V, X and Y (including  Y°, Yn and Yc) 
and  Potato  leaf  roll  virus 

3.  Tobacco ringspot virus 

4.  Tomato  ringspot  virus 

5.  Viruses  and  virus-like  organisms  of  Cydonia 

Mill.,  Fragaria  L., Malus Mill.,  Prunus  L.,  Pyrus 
L., Ribes L., Rubus L. and  Vitis L., such as: 

(a)  Blueberry  leaf  mottle  virus 

(b)  Cherry  rasp  leaf  virus  (American) 

(c)  Peach  mosaic virus  (American) 

(d)  Peach  phony rickettsia 

(e)  Peach  rosette  mosaic  virus 

(f)  Peach  rosette  mycoplasm 

(g)  Peach  X-disease  mycoplasm 

(h)  Peach yellows  mycoplasm 

(i)  Plum  line  pattern  virus  (American) 

50 

(j)  Raspberry  leaf  curl  virus  (American) 

92/103/EEC-Art 1 

(k)  Strawberry  latent  'C  virus 

(1)  Strawberry vein  banding  virus 

(m)  Strawberry witches'  broom  mycoplasm 

(n)  Non-European  viruses  and  virus-like  organ 
isms  of  Cydonia Mill.,  Fragaria L., Malus 
Mill., Prunus L.,  Pyrus  L.,  Ribes  L., Rubus 
L.  and  Vitis  L. 

6.  Viruses  transmitted  by  Bemisia  tabaci  Genn., 

such' as: 

(a)  Bean  golden  mosaic  virus 

(b)  Cowpea  mild  mottle  virus 

(c)  Lettuce  infectious  yellows  virus 

(d)  Pepper  mild  tigré  virus 

(e)  Squash  leaf  curl virus 

(f)  Euphorbia  mosaic virus 

(g)  Florida  tomato  virus 

(e)  Parasitic  plants 

1. Arceuthobium  spp.  (non-European) 

Section  II 

HARMFUL  ORGANISMS  KNOWN  TO  OCCUR  IN 
THE  COMMUNITY  AND  RELEVANT  FOR  THE 
ENTIRE  COMMUNITY 

(a)  Insects,  mites  and  nematodes,  at  all  stages  of  their 

development 

1.  Globodera pallida  (Stone)  Behrens 

2.  Globodera  rostochiensis  (Wollenweber)  Behrens 

3.  Heliothis  armigera  (Hùbner) 

4.  Liriomyza  bryoniae  (Kaltenbach) 

5.  Liriomyza  trifolii  (Burgess) 

6.  Liriomyza  huidobrensis  (Blanchard) 

7.  Opogona  sacchari  (Bojer) 

8.  Popillia japonica  Newman 

9.  Spodoptera  littoralis  (Boisduval) 

(b)  Bacteria 

1.  Clavibacter michiganensis  (Smith)  Davis et al ssp. 

sepedonicus  (Spieckermann  and  Kotthoff)  Davis 
et  al. 

2.  Pseudomonas  solanacearum  (Smith)  Smith 

95/4/EC-Art. 1 

(c)  Fungi 

92/103/EEC-Art 1 

1.  Melampsora  medusae  Thûmen 

2.  Synchytrium  endobioticum  (Schilbersky)  Percfval 

51 

(d)  Viruses  and  virus-like  organisms 

92/103/EEC-Art  1 

1.  Apple  proliferation  mycoplasm 

2.  Apricot  chlorotic  leaf roll  mycoplasm 

3. 

Pear  decline  mycoplasm 

Part  B 

HARMFUL  ORGANISMS  WHOSE  INTRODUCTION 
INTO,  AND  WHOSE  SPREAD  WITHIN,  CERTAIN 
PROTECTED  ZONES  SHALL  BE  BANNED 

(a) 

Insects,  mites  and  nematodes,  at  all  stages  of  their 
development 

Species 

Protected zones(s) 

1.  Bemisia tabaci  Genn. 
(European  popula 
tions) 

DK. IRL, P, (Entre  Pou; 
ro  g  MinhQ.  Trâs-Qs-
Montes.  Beira  Litoral. 
Beira Interior.  Ribatejoe 
Qest,e,AlenteJQ,Madeira 
and Azores),  UK. S, FI 

95/41/EC-Art  1 

95/1/EC  Euratom,  ECSC 

92/103/EEC  -  Art.  1  -
95/41/EC-Art  1 

2.  Globodera 

pallida 

FI 

(Stone)  Behrens 

3.  Leptinotarsa 
neata  Say 

decemli-

E  CMenorca  and  IbizaV 
(Azores  and 
IRL,  P 
MadeiraV 
UK. 
(Malmohus,  Kristians: 
tads.  Bkkjnge,  Kaimar, 
Gotlands  Lan.  HallandV 
districts  of 
El 
Aland.  Turku.  Uusimaa. 
Kymi.  Hame,  Pirkan-
maa.  Satakunta) 

fthe 

(d)  Viruses  and  virus-like  organisms 

Species 

Protected zones(s) 

1.  Beet  necrotic  vellow 

vein virus 

DK.  F  (Brittany).  FI. 
IRL. P (Azores).  S. UK. 

96/14/EC-Art  1 

2.  Tomato  spotted  wiJt 

DK,  S.  FI 

95/1/EC, Euratom,  ESCS 

virus 

52 

ANNEX II 

Part A 

92/103/EEC-Art. 1 

HARMFUL ORGANISMS WHOSE INTRODUCTION  INTO, AND SPREAD WITHIN, ALL 
MEMBER STATES SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR 
PLANT  PRODUCTS 

Section  I 

HARMFUL  ORGANISMS  NOT  KNOWN  TO  OCCUR  IN  THE  COMMUNITY  AND 
RELEVANT  FOR  THE  ENTIRE  COMMUNITY 

(a) Insects,  mites  and nematodes, at all  stages  of their development 

Species 

Subject of contamination 

1.  Aculops fuchsiae  Keifer 

2.  Aleurochantus  spp. 

3.  Anthonomus  bisignifer  (Schenkling) 

4.  Anthonomus signatus  (Say) 

5.  Aonidiella  carina  Coquillet 

Plants of Fuchsia L., intended for planting, other 
than seeds 

Plants of Citrus  L., Fortunelh  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Fragaria  L.,  intended  for  planting, 
other than seeds 

Plants  of  Fragaria  L.,  intended  for  planting, 
other than seeds 

Plants of Citrus L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

6.  Aphelenchoïdes  besseyi  Christie  (•) 

Seeds de Oryza spp. 

7.  Aschistonyx eppoi  inouye 

8.  Bursaphelencus  xylophilus  (Steiner  and 

Bûhrer)  Nickle et al. 

9.  Carposina  niponensis  Walsingham 

10.  Diaphorina  citri  Kuway. 

11.  Enarmonia packardi  (Zeller) 

12.  Enarmonia prunivora  Walsh 

13.  Eotetranychus  lewisi  McGregor 

Plants of juniperus L., other than fruit and seeds, 
originating in non-European countries 
Plants  of Abies  Mill., Cedrus  Trew, Larix  Mill., 
Picea  A. Dietr., Pinus L., Pseudotsuga  Carr. and 
Tsuga Carr.,  other  than  fruit  and  seeds,  and 
wood  of  conifers  (Coniferales),  originating  in 
non-European  countries 

Plants  of  Cydonia  Mill., Malus  Mill., Prunus  L. 
and  Pyrus L.,  other  than  seeds,  originating  in 
non-European  countries 

Plants of Citrus  L., Fortunella  Swingle, Poncirus 
Raf. and their hybrids, andMurraya  Kônig, other 
than fruit  and seeds 

Plants  of  Cydonia  Mill., Malus  Mill., Prunus  L. 
and  Pyrus L.,  other  than  seeds,  originating  in 
non-European  countries 

Plants  of  Cydonia  Mill., Malus  Mill., Prunus  L. 
and  Pyrus L.,  other  than  seeds,  originating  in 
non-European  countries 

Plants of Citrus  L., Fortunelb  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

53 

Species 

Subject of contamination 

92/103/EEC-Art. 1 

14.  Eotetranychus  orientalis  Klein 

15.  Grapholita  inopinata  Heinrich 

16.  Hishomonus  phycitis 

17.  Leucaspis  japonica  Ckll. 

18.  Listronotus  bonariensis  (Kuschel) 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Cydonia  Mill., Malus  Mill., Prunus  L. 
and  Pyrus  L.,  other  than  seeds,  originating  in 
non-European  countries 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Seeds  of  Cruciferae,  Graminae  and  Trifolium 
spp., originating in Argentina, Australia, Bolivia, 
Chile,  New Zealand  and  Uruguay 

19.  Margarodes, non-European species, such as: 

Plants  of  Vitis L., other  than  fruit  and  seeds 

(a) Margarodes  vitis  (Phillipi) 

(b)Margarodes  vredendalensis  de  Klerk 

(c) Margarodes prieskaensis  Jakubski 

20.  Numonia  pyrivorella  (Matsumara) 

21.  Oligonychus perditus  Pritchard  and  Baker 

22.  Pissodes  spp.  (non-European) 

23.  Radopholus  citrophilus  Huettel  Dickson 

and  Kaplan 

24.  Saissetia  nigra  (Nietm.) 

25.  Scirtothrips  aurantii  Faure 

26.  Scirtothrips  dorsalis  Hood 

Plants  of Pyrus  L., other  than  seeds,  originating 
in non-European  countries 

Plants of Juniperus  L., other than fruit  and seeds, 
originating  in non-European  countries 

Plants  of conifers  (Coniferales),  other  than  fruit 
and  seeds,  wood  of  conifers  (Coniferales)  with 
bark, and  isolated bark of conifers  (Coniferales), 
originating  m  non-European  countries 

Plants  of  Citrus  L.,  Fortunella  Swingle,  and 
Poncirus  Raf.,  and  their  hybrids, other  than  fruit 
and  seeds, and  Plants of Araceae,  Marantaceae, 
Musaceae,  Persea spp., Strelitziaceae,  rooted  or 
with  growing  medium  attached  or  associated 

Plants  of  Citrus L.,  Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Citrus  L.. Fortunella  Swingle. Poncirus 
Raf.. and  their  hybrids, other  than  seeds. 

93/110/EC-Art  1 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

27.  Scirtothrips  citri  (Moultex) 

Plants  of  Citrus  L.. Fortunella  Swingle. Poncirus 
Raf..  and  their  hybrids, other  than  seeds. 

93/110/EC-Art  1 

54 

Species 

Subject of contamination 

92/103/EEC-Art.l 

28.  Scolytidae  spp.  (non-European) 

29.  Tachypterellus quadrigibbus  Say 

30.  Toxoptera citricida  Kirk. 

31.  Trioza erytreae Del  Guercio 

32.  Unaspis  citri  Corastock 

Plants  of  conifers  (Coniferales),  over  3  m  in 
height,  other  than  fruit  and  seeds, wood of coni 
fers (Coniferales)  with bark, and isolated bark of 
conifers  (Coniferales),  originating  in  non-Euro 
pean  countries 

Plants  of  Cydonia  Mill., Malus  Mill., Prunus  L 
and  Pyrus  L.,  other  than  seeds,  originating  in 
non-European  countries 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  and  Clausena  Burm.  f., 
other  than  fruit  and  seeds 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

(*) 

Aphelenchoides besseyi  Christie  in  not  present  on  Oryza  spp. in  the  Community 

(b) Bacteria 

Species 

Subject of contamination 

1.  Citrus  greening  bacterium 

2.  Citrus  variegated  chlorosis 

Plants  of  Citrus  L., Fortunelb  Swingle, Poncirus 
Raf.,  and their hybrids, other than fruit  and seeds 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and their hybrids, other than fruit  and seeds 

3.  Erwinia  stewartii  (Smith)  Dye 

Seeds  of Zea  mais  L. 

4.  Xanthomonas  campestris (all strains pathoge 

nic  to  Citrus) 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and their hybrids, other than fruit  and seeds 

5.  Xanthomonas  campestris  pv.  oryzae  (Ishiya-
ma)  Dye  and  pv. orizicola (Fang, et  al. ) Dye 

Seeds  of Oryza spp. 

(c) Fungi 

Species 

Subject of contamination 

1.  Altemaria  altemata  (Fr.) Keissler  (non-Euro 

pean  pathogenic  isolates) 

2.  Apiosporina  morbosa  (Schwein.)  v.  Arx 

3.  Atropellis  spp. 

Plants  of  Cydonia  Mill., Malus  Mill,  et Pyrus  L. 
intended for planting, other than seeds, originat 
ing  in non-European  countries 

Plants  of Prunus  L. intended  for  planting,  other 
than  seeds 

Plants  of  Pinus  L.,  other  than  fruit  and  seeds, 
isolated  bark and wood  of Pinus  L. 

55 

Species 

Subject of contamination 

92/103/EEC-Art. I 

93/110/EC-Art  1 

4.  Ceratocystis coerulescens  (Munch)  Bakshi 

Plants  of  Acer  saccharum  Marsh.,  other  than 
fruit  and  seeds,  originating  in  North  American 
countries,  wood  of Acer  saccharum  Marsh.,  in 
cluding  wood  which  has  not  kept  its  natural 
round  surface,  originating  in  North  American 
countries 

5.  Cercoseptoria  pini-densiflorae 

(Hori 

and 

Nambu)  Deighton 

Plants  of  Pinus  L.,  other  than  fruit  and  seeds, 
and wood  of Pinus  L. 

6.  Cercospora  angolensis  Carv.  and  Mendes 

7.  Ciborinia  camelliae  Kohn 

8.  Diaporthe  vaccinii  Shaer 

9.  Elsinoe  spp.  Bitanc.  and  Jenk.  Mendes 

Plants  of  Citrus  L., Fortunella Swingle. Poncirus 
Raf.,  and  their  hybrids, other  than  seeds 

Plants  of  Camellia  L.,  intended  for  planting, 
other  than  seeds,  originating  in  non-European 
countries 

Plants  of  Vaccinium  spp., intended  for  planting, 
other  than  seeds 
Plants  of  Fortunella  Swingle. Poncirus Raf..  and 
their  hybrids,  other  than  fruit  and  seeds  and 
plants  of  Citrus L. and  their  hvhrids. other  than 
seeds  et  other  than  fruits  except  fruits  of Citrus 
reticulata  Blanco  and  of  Citrus sinensis (L.)  Os-
beck. originating  in  South  America 

10. Fusarium  oxysponim  f.  sp.  albedinis  (Kilian 

Plants of Phoenix spp., other than fruit  and seeds 

and  Maire)  Gordon 

11. Guignardia citricarpa  Kiely (all strains patho 

genic  to  Citrus) 

12. Guignardia  piricola  (Nosa)  Yamamoto 

Plants  of  Citrus  L., Fortunella Swingle, Poncirus 
Raf.,  and  their  hybrids, other  than  seeds 

Plants  of  Cydonia  Mill.,  Malus  Mill.,  Prunus  L. 
and  Pyrus  L.,  other  than  seeds,  originating  in 
non-European  countries 

\3.Puccinia  pittieriana  Hennings 

Plants of Solanaceae,  other  than  fruit  and  seeds 

14. Scirrhia  acicola  (Dearn.)  Siggers 

Plants  of Pinus  L., other  than  fruit  and  seeds 

15. Venturia nashicola  Tanaka  and  Yamamoto 

Plants  of  Pyrus  L.,  intended  for  planting,  other 
than 
in  non-European 
countries 

seeds,  originating 

(d)Virus  and  virus-like  organisms 

Species 

Subject of contamination 

1.  Beet  curly top virus (non-European  isolates) 

Plants  of  Beta vulgaris L.,  intended  for  planting, 
other  than  seeds 

2.  Black  raspberry  latent  virus 

Plants of Rubus  L.,  intended  for  planting 

56 

Species 

3.  Blight  and  Blight-like 

4.  Cadang-Cadang viroid 

Subject of contamination 

92/103/EEC-Art 1 

Plants of Citrus  1_, Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Palmae intended  for  planting,  other 
than 
in  non-European 
countries 

seeds,  originating 

5.  Cherry  leaf  roll  virus  (*) 

Plants of Rubus L., intended for planting 

6.  Citrus  mosaic virus 

7.  Citrus tristeza virus (non-European  isolates) 

8.  Leprosis 

9.  Little cherry pathogen (non-European  isola 

tes) 

10. Naturally  spreading  psorosis 

11. Palm  lethal yellowing  mycoplasm 

Plants of Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants of Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants of Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Prunus  cerasus  L., Prunus  avium  L., 
Prunus incisa Thunb.,  Prunus  sargentii  Rehd., 
Prunus  serrula  Franch., Prunus serrulata  Lindl., 
Prunus speciosa (Koidz.) Ingram, Prunus subhir-
tella Miq.,  Prunus yedoensis  Matsura.,  and  hy 
brids  and  cultivars  thereof,  intended  for  plant 
ing, other than seeds 

Plants of Citrus L., Fortunella  Swingle, Poncirus 
Raf., and their hybrids, other than fruit and seeds 

Plants  of  Palmae  intended  for  planting,  other 
than 
in  non-European 
countries 

se'eds,  originating 

12.Prunus  necrotic  ringspot virus (**) 

Plants of Rubus L., intended for planting 

13. Satsuma  dwarf  virus 

14. Tatter  leaf virus 

15. Witches'  broom  (MLO) 

Plants of Citrus L., Fortunella  Swingle, Poncirus 
Raf., and their hybrids, other than fruit and seeds 

Plants of Citrus  L., Fortunella  Swingle, Poncirus 
Raf., and their hybrids, other than fruit and seeds 
Plants of Citrus  L., Fortunella  Swingle, Poncirus 
Raf., and their hybrids, other than fruit and seeds 

(*)  Cherry leaf roll virus is not present in Rubus L  in the Community. 
(•*)  Punus necrotic ringsport virus is not present in Rubus L. in the Community. 

57 

HARMFUL  ORGANISMS  KNOWN  TO  OCCUR  IN  THE  COMMUNITY  AND  RELEVANT 
FOR  THE  ENTIRE  COMMUNITY 

Section  II 

92/103/EEC-Art 1 

(a) Insects,  mites  and  nematodes,  at  all  stages  of  their  development 

Species 

Subject of contamination 

1.  Aphelenchoides  besseyi Christie 

Plants of Fragaria L. intended for planting, other 
than  seeds 

2.  Daktulosphaira  vitifoliae  (Fitch) 

Plants of  Vitis L., other  than  fruit  and  seeds 

3.  Ditylenchus  destructor  Thorne 

4.  Ditylenchus  dipsaci  (Kiihn)  Filipjev 

5.  Circulifer  haematoceps 

6.  Circulifer  tenellus 

1.  Radopholus  similis  (Cobb)  Thorne 

Flower  bulbs  and corms of Crocus L..  miniature 
cultivars  and  their  hybrids  of  the  genus  Gladi 
olus  Tourn.  ex. L.. such  as  Gladiolus  callianthus 
Marais.  Gladiolus  colvillei  Sweet.  Gladiolus 
nanus  h o r t.  Gladiolus  ramosus  hort.  Gladiolus 
tubetyenii  hort.  Hvacinthus  L..  Iris  L.  Triqridia 
Juss. Tulipa L.. intended  for planting, and  potato 
tubers  (Solanum 
tuberosum  L.)  intended  for 
planting 

Seeds  and  bulbs  of Allium  ascalonicum  L..  Al 
lium  cepa  L.  and  Allium  schoenoprasum  L.  in 
tended  for  planting  and plants of Allium  porrum 
L. intended  for planting, bulbs and corms of Ca-
massia  Lindl.,  Chionodoxa  Boiss., Crocus flavus 
Weston  'Golden  Yellow', Galanthus  L., Galtonia 
candicans  (Baker)  Decne, Hyacinthus  L., Ismene 
Herbert  Muscari  Miller, Narcissus L., Ornithoga-
lum  I_,  Puschkinia  Adams,  Scilla  L.,  Tulpia L., 
intended  for  planting,  and  seeds  of  Medicago 
sativa  L. 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Citrus  L., Fortunella  Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants of Araceae, Marantaceae, Musaceae, Per-
sea  spp.,  Strelitziaceae,  rooted  or  with  growing 
medium  attached  or  associated 

93/110/EC-Art  1 

93/110/EC-Art  1 

(b) Bacteria 

Species 

Subject of contamination 

1.  Clavibacter  michiganensis  spp. 

insidiosus 

Seeds  of Medicago  sativa  L. 

(McCuiloch)  Davis  et  al. 

2.  Clavibacter  michiganensis  spp. michiganensis 

(Smith)  Davis  et  al. 

Plants of Lycopersicon  lycopersicum (L.)  Karsten 
ex Farw., intended  for  planting 

58 

Species 

Subject of contamination 

92/103/EEC-Art. 1 

3.  Envinia  amylovora  (Burr.)  Winsi.  et  al. 

Plants of Chaenomeles  Lindl., Cotoneaster Ehrh., 
Crataegus  L.,  Cydonia  Mill.,  Eriobotrya  Lindl., 
Malus  Mill.,Mespilus  L.,Pyracantha  Roem.,Pyrus 
L., Sorbus  L. other than Sorbus intermedia  (Ehrb.) 
Pers. and  Stranvaesia  Lindl.,  intended  for  plant 
ing, other  than  seeds 

4.  Erwinia 

chrysanthemi 

pv. 

dianthicola 

(Hellmers)  Dickey 

Plants of Dmnthus  L. intended forplanting,  other 
than  seeds 

5.  Pseudonomas 

caryophyllin 

(Burkholder) 

Starr  and  Burkholder 

Plants ofDianthus  L. intended forplanting,  other 
than  seeds 

6.  Pseudonomas  syringae ov.persicae (Prunier  et 

al.)  Young  et  al. 

Plants  of Prunus  persica  (L.)  Batsch  and  Prunus 
persica  var. nectarina  (Ait.)  Maxim, intended  for 
planting,  other  than  seeds 

1.  Xanthomonas  campestris pv.phaseoli  (Smith) 

Seeds  of Phaseolus  L. 

Dye 

8.  Xanthomonas  campestris  pv.  pruni  (Smith) 

Dye 

9.  Xanthomonas 

campestris  pv.  vesicatoria 

(Doidge)  Dye 

10 Xanthomonas  fragariae  Kennedy  and  King 

Plants  of Prunus  L., intended  for  planting,  other 
than  seeds 

Plants of Lycopersicon  lycopersicum  (L.)  Karsten 
ex Farw., and Capsicum  spp., intended  for  plant 
ing 

Plants of Fragaria L_, intended for planting, other 
than  seeds 

11. Xylophilus  ampelinus  (Panagopoulos)  Wil-

Plants of  Vitis L., other  than  fruit  and  seeds 

lems  et  al. 

(c) Fungi 

Species 

Subject of contamination 

1.  Ceratocystis fimbriata  f.sp. platani  Walter 

2.  Colletotrichum  acutatum  Simraonds 

3.  Cryphonectria  parasitica  (Murrill)  Barr 

4.  Didymella  ligulicola (Baker, Dimock and  Da 

vis)  v.  Arx 

5.  Phialophora  cinerescens  (Wollenweber)  van 

Beyma 

Plants ofPlatanus  L., intended forplanting, other 
than  seeds,  and  wood  of  Platanus  L.,  including 
wood which has not kept its natural round  surface 

Plants  of  Fragaria  L.,  intended  for  planting, 
other  than  seeds 

Plants  of  Castanea  Mill,  and  Quercus  L.,  in 
tended  for  planting, other  than  seeds, wood and 
isolated  bark  of Castanea  Mill. 

Plants  of  Dendranthema 
tended  for  planting, other  than  seeds 

(DC.)  Des  Moul.,  in 

Plants  of  Dianthus  L.,  intended  for  planting, 
other  than  seeds 

59 

Species 

Subject of contamination 

92/103/EEC-Art 1 

6.  Phoma  tracheiphila  (Petri)  Kanchaveli  and 

Gikashvili 

7.  Phytophthora fragariae Hickmann var. fraga-

Plants  of  Citrus  L_, Fortunella Swingle, Poncirus 
Raf.,  and  their  hybrids, other  than  seeds 

Plants  of  Fragaria  L.,  intended  for  planting, 
other  than  seeds 

8.  Plasmoparn  halstedii  (Farlow)  Berl.  and  de 

Seeds of Helianthus annuus L. 

Toni 

9.  Puccinia  horiana  Hennings 

10. Scirrhia pini  Funk  and  Parker 

11. Verticillium albo-atrum Reinke and Bertholde 

12. Verticillium  dahliae  Klebahn 

Plants  of  Dendranthema  (DC.)  Des  Moul.,  in 
tended  for  planting, other  than  seeds 

Plants  of Pinus  L.,  intended  for  planting,  other 
than  seeds 

Plants  of  Humulus 
planting,  other  than  seeds 

lupulus  L.,  intended  for 

Plants  of  Humidus 
planting,  other  than  seeds 

lupulus  L.,  intended  for 

(d)Virus  and  virus-like  organisms 

Species 

Subject of contamination 

1.  Arabis  mosaic  virus 

2.  Beet  leaf  curl  virus 

3.  Chrysanthemum  stunt  viroid 

4.  Citrus  tristeza  virus  (European  isolates) 

5.  Citrus  vein  enation  woody  gall 

Plants  of Fragaria  L. and Rubus  L., intended  for 
planting,  other  than  seeds 

Plants of Beta  vulgaris L., intended  for  planting, 
other  than  seeds 

Plants  of  Dendranthema  (DC.)  Des  Moul.,  in 
tended  for  planting, other  than  seeds 

Plants  of  Citrus L., Fortunella Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Citrus L., Fortunella Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

6.  Grapevine  Flavescence  dorée  MLO 

Plants of  Vitis L., other  than  fruit  and  seeds 

7.  Plum  pox  virus 

8.  Potato  stolbur  mycoplasm 

9.  Raspberry  ringspot  virus 

10. Spiroplasma  citri Saglio  et  al. 

11. Strawberry  crinkle  virus 

12. Strawberry  latent  ringspot  virus 

Plants of Prunus  L., intended  for  planting,  other 
than  seeds 

Plants  of  Solanaceae, 
other  than  seeds 

intended  for  planting, 

Plants of Fragaria  L., and Rubus  L., intended  for 
planting,  other  than  seeds 

Plants  of  Citrus L., Fortunella Swingle, Poncirus 
Raf.,  and  their  hybrids,  other  than  fruit  and 
seeds 

Plants  of  Fragaria  L.,  intended  for  planting, 
other  than  seeds 

Plants of Fragaria  L. and Rubus  L., intended  for 
planting,  other  than  seeds 

13. Strawberry  mild  yellow  edge  virus 

Plants  of  Fragaria  L.,  intended  for  planting, 

I other  than  seeds 

60 

Species 

14. Tomato black ring virus 

15. Tomato spotted  wilt virus 

Subject of contamination 

92/103/EEC-Art 1 

Plants of Fragaria  L. and Rubus L., intended  for 
planting, other than seeds 
Plants of Apium graveolens L, Capsicum annum 
L., Cucwpis melo L, Dendranthema  (DC.)  Des 
Moul., all varieties of New Guinea hybrids Impa 
tiens, Lactuca  sativa L., Lycopersicon  lycopersi-
cum (L.) Karsten ex Farw. Nicotiana tabacum L., 
of which there shall be evidence that they are in 
tended  for sale to professional  tobacco produc 
tion, Solanum melongena L. Solanum tuberosum 
L., intended  for planting 

Part B 

HARMFUL ORGANISMS WHOSE INTRODUCTION  INTO, AND WHOSE SPREAD WITHIN, 
CERTAIN PROTECTED ZONES SHALL BE BANNED D7 THEY ARE PRESENT ON CERTAIN 
PLANTS OR  PLANT  PRODUCTS 

(a) Insect  mites and  nematodes, at  all  stages  of  their  development 

Species 

Subject of contamination 

Protected zone(s) 

1.  Anthonomus grandis  (Boh.) 

(bolls)  of 
Seeds  and  fruits 
Gossypium  spp.  and  unginned 
cotton 

EL,  E  (Andalucia,  Catalonia, 
Extremadura.Murcia, Valencia) 

96/14/EC-Art 1 

2.  Cephalcia  lariciphila  (Klug) 

Plants  of Larix Mill.,  intended 
for planting, other than seeds 

IRL. UK (N-IRL. Isle of Man 
and Jersey^ 

92/103/EEC-Art 1 
95/41/EC-Art 1 

3.  Dendroctonus micans 

Kugelan 

EL, IRL, UK, (*) 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea  A. Dietr., Pinus L. 
and  Pseudotsuga  Carr.,  over  3 
ra  in  height,  other  than  fruit 
and  seeds,  wood  of  conifers 
(Coniferales)  with  bark,  iso 
lated bark of conifers 

96/14/EC-Art 1 

4.  Gilphinîa  hercyniae 

(Hartig) 

Plants  of  Picea A.  Dietr.,  in 
tended for planting, other  than 
seeds 

EL  IRL. UK (  N-IRL. Isle of 
Man and Jersey) 

92/103/EEC- Art  1 
95/41/EC- Art  1 

5.  Gonipterus scutellatus 

Gyll. 

Plants  of  Eucalyptus  THérit, 
other than fruit and seeds 

EL,P 

6.  (a) Ips amitinus Eichhof 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea A. Dietr., and Pinus 
L. , over  3  m in  height,  other 
than  fruit  and  seeds,  wood  of 
conifers 
(Coniferales)  with 
bark, isolated bark of  conifers 

EL, F, (Corsica), IRL, UK 

96/14/EC-Art. 1 

61 

92/103/EEC-Art 1 

96/14/EC-Art. 1 

Species 

Subject of contamination 

Protected zone(s) 

(b)Ips cembrae  Heer 

EL,  IRL,  UK  (N-IRL,  Isle  of 
Man) 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea  A. Dietr., Pinus L. 
and  Pseudotsuga  Carr.,  over  3 
m  in  height,  other  than  fruit 
and  seeds,  wood  of  conifers 
(Coniferales)  with  bark,  iso 
lated bark of conifers 

(c)Ips duplicatus  Sahlberg 

EL, IRL, UK 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea A. Dietr., and Pinus 
L. , over  3  m in  height,  other 
than  fruit  and  seeds,  wood  of 
conifers 
(Coniferales)  with 
bark, isolated bark of  conifers 

(d)Ips sexdentatus  Boerner 

IRL, UK (N-IRL, Isle of Man) 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea A. Dietr., and Pinus 
L. , over  3  ra  in  height,  other 
than  fruit  and  seeds,  wood  of 
(Coniferales)  with 
conifers 
bark, isolated bark of  conifers 

(e)Ips typographus  Heer 

IRL, UK 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea  A. Dietr., Pinus L. 
and  Pseudotsuga  Carr.,  over  3 
m  in  height,  other  than  fruit 
and  seeds,  wood  of  conifers 
(Coniferales)  with  bark,  iso 
lated bark of conifers 

7.  Matsucoccus feytaudi  Due. 

Isolated bark and wood of coni 
fers  (Coniferales) 

F (Corsica) 

92/103/EEC-Art  1 

8.  Pissodes  spp.  (European) 

9.  Stemochetus  mangiferae 

Fabricius 

Plants  of  Abies  Mill.,  Larix 
Mill., Picea A. Dietr., and Pinus 
L., other  than  fruit  and  seeds, 
wood of conifers  (Coniferales) 
with bark, isolated bark of coni 
fers 

Seeds  of  Mangifera  spp.  orig 
inating in third countries 

10. Thaumetopoea  pityocampa 

(Den.  and  Schiff.) 

Plants of Pinus L., intended  for 
planting,  other  than  fruit  and 
seeds 

IRL, UK (N-IRL, Isle  of Man 
and Jersey) 

96/14/EC-Art  1 

E  (Granada  and  Malaga),  P 
(Alentejo, Algarve and Madei-
ra) 

E (Ibiza) 

92/103/EEC-Art  1 

62 

92/103/EEC-Art. 1 

96/14/EC-Art. 1 

Species 

Subject of contamination 

Protected zone(s) 

(*) (Scotland,  Northern  Ireland,  Jersey, England:  the  following  counties: Bedfordshire,  Berkshire, Bucking 
hamshire,  Cambridgeshire,  Cleveland, Cornwall, Cumbria,  Devon,  Dorset,  Durham,  East  Sussex, Essex, 
Greater London, Hampshire, Hertfordshire, Huraberside, Kent, Lincolnshire, Norfolk,  Northamptonshire, 
Northumberland,  Nottinghamshire,  Oxfordshire,  Somerset,  South  Yorkshire,  Suffolk,  Surrey,  Tyne  and 
Wear, West Sussex, West Yorkshire, The Isle of Wight, The Isle of Man, The Isles of Scilly, and the follow 
ing parts of  counties; Avon: that part  of  the county which  lies  to  the  south of  the southern  boundary of 
the M4 motorway, Cheshire: that part of the county which lies  to  the east of the eastern boundary of the 
Peak  District  National Park  together with that part of  the county which lies to the  north of  the northern 
boundary of the A52 (T) road to Derby and that part of the county which lies to the north of the northern 
boundary of the A6 (T) road; Gloucestershire: that part of the county which lies to the east of the eastern 
boundary  of  the  Fosse Way Roman  road; Greater  Manchester:  that  part  of  the  county which lies  to the 
eastern boundary of the Peak District National Park; Leicestershire: that part of the county which lies to 
the east of the eastern boundary of the Fosse Way Roman road together with that part  of the county which 
lies  to the  east  of  the eastern boundary of the B411A road  together  with  that  part  of  the county which 
lies  to the  east  of the eastern  boundary of  the Ml  motorway,  North  Yorkshire: the whole county except 
that part of the county which comprises the district of Craven; Staffordshire:  that part of the county which 
lies to the east of the eastern boundary of the A52 (T) road; Warwickshire: that part of the county which 
lies to the east of  the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the county 
which lies to the south of the southern boundary of the M4 motorway to the intersection of the M4 motor 
way  and  the  Fosse  Way Roman  road,  and  that  part  of  the  county  which  lies  to  the  east  of  the  eastern 
boundary  of  the  Fosse Way Roman  road).' 

63 

(b) Bacteria 

92/103/EEC-Art 1 

Species 

Subject of contamination 

Protected zone(s) 

1.  Curtobacterium 

flaccumfa-
flaccumfaciens 
ciens 
(Hedges)  Collins  and  Jones 

pv. 

2.  Erwinia  amylovora  (Burr.) 

Winsl.  et  al. 

Seeds  of  Phaseolus  vulgaris  L. 
and Dolichos  Jacq. 

EL, E, I, P 

including 

Parts of plants, other  than  fruit, 
seeds  and  plants  intended  for 
planting,  but 
live 
pollen  for  pollination  of  Chae-
nomeles  Lindl.,  Cotoneaster 
Ehrh,  Crataegus  L.,  Cydonia 
Mill.,  Eriobotrya  Lindl.,  Malus 
Mill.,  Mespilus  L.,  Pyracantha 
Roern.,Pyrus  L., Sorbus L. other 
than  Sorbus  intermedia  (Ehrh.) 
Pers. and Stranvaesia  Lindl. 

E.  F  (Champagne-Ardennes. 
Alsace — except department of 
Bas Rhin —. Lorraine. Franche-
Comté. Rhône-Alpes — except 
department of Rhône —• Bour 
gogne. Auvergne — except de 
partment  gf  Puy de  Dôme —. 
Provence-Alpes-Cote  d'Azur. 
Corse. Languedoc-Roussillon). 
IRL  I. P, UK  (N-IRL. Isle  of 
Man  and  the  Channel  Islands^ 
AJE1 

95/41/EC-Art.  1 

(c)  Fungi 

Species 

Subject of contamination 

Protected zone(s) 

1.  Glomerella gossypii 

Edgerton 

2.  Gremmeniella  abietina 

(Lag.)  Morelet 

Seeds and fruits (bolls) of Gossy-
pium  spp. 

El 

95/41/EC-Art.  1 

Plants of Abies  Mill., Larix  Mill., 
Picea A.  Dietr., Pinus  L.,  Pseu 
dotsuga  Carr., 
for 
intended 
planting, other  than  seeds 

IRL.UK (N-IRL) 

95/41/EC-Art.  1 

3.  Hypoxylon  mammatum 
(Wahl.)  J.  Miller 

Plants  of  Populus  L.,  intended 
for  planting, other  than  seeds 

IRL. UK (N-IRL) 

95/41/EC-Art.  1 

(d)  Virus  and  virus-like  organisms 

93/110/EC-Art  1 

Species 

Subject of contamination 

Protected zone(s) 

Citrus  tristeza  virus  (European 
isolates) 

Fruits  of  Citrus  L.,  Fortunella 
Swingle, Poncirus Raf.,  and  their 
hybrids,  with  leaves  and  pe 
duncles 

EL, F (Corsica), I, P 

95/66/EC-Art.  1 

64 

ANNEX 

III 

Part  A 

92/HJ3/EEC-Art.l 

PLANTS,  PLANT  PRODUCTS  AND  OTHER  OBJECTS  THE  INTRODUCTION  OF  WHICH 
SHALL  BE  PROHIBITED  IN  ALL  MEMBER  STATES 

Description 

Country of origin 

1.  Plants  of Abies  Mill.,  Cedrus Trew,  Chamae-
cyparis Spach, Juniperus  L., Larix  Mill., Picea 
A.  Dietr.,  Pinus  L,  Pseudotsuga  Carr.  and 
Tsuga Carr.,  other  than  fruit  and  seeds 

Non-European  countries 

2.  Plants of Castanea Mill., and Quercus L., with 

Non-European  countries 

leaves,  other  than  fruit  and  seeds 

3.  Plants  of  Populus  L. with  leaves,  other  than 

North  American  countries 

fruit  and  seeds 

4.  Isolated  bark  of  conifers  (Coniferales) 

Non-European  countries 

5.  Isolated  bark  of  Castanea  Mill. 

Third  countries 

6.  Isolated  bark of Quercus L.,  other  than Quer 

North  American  countries 

cus  suber  L. 

7.  Isolated  bark  of Acer  saccharum  Marsh. 

North  American  countries 

8.  Isolated  bark  of  Populus  L. 

Countries  of  the American  continent 

9.  Plants of  Chaenomeles  Lindl., Cydonia  Mill., 
Crataegus L., Malus  Mill., Photinia  Ldl., Pru 
nus  L.,  Pyrus  L.,  and  Rosa  L.,  intended  for 
planting,  other  than  dormant  plants  free 
from  leaves,  flowers  and  fruit 

Non-European  countries 

10. Tubers  of  Solanum  tuberosum  L.,  seed  pota 

Third  countries  other  than  Switzerland 

(adapted) 

toes 

11. Plants of stolon- or tuber- forming  species of 
Solanum  L.  or  their  hybrids,  intended  for 
planting, other  than those tubers  of  Solanum 
tuberosum  L. as specified  under  Annex III  A 
(10) 

12. Tubers  of Solanum  tuberosum  L.,  other  than 
those  specified  in  Annex  III  A  (10),  (11) 

Third  countries 

Without  prejudice  to  the  special  requirements 
applicable  to  the  potato  tubers  listed  in  Annex 
IV, Part  A,  Section  I, third  countries  other  than 
Algeria.  Cyprus,  Egypt  Israel,  Libya,  Malta, 
Morocco, Syria. Switzerland, Tunisia and Turkey, 
and  other  than  European  third  countries  which 
are  either  recognized  as  being  free  from  Clavi 
bacter michiganensis  ssp. sepedonicus  (Spiecker 
mann  and  Kotthoff)  Davis  et  al., in  accordance 
with  the procedure  laid down in Article  18, or in 
which provisions recognized  as equivalent to the 
Community provisions on combating  Cbvibacter 
michiganensis  ssp. sepedonicus  (Spieckermann  et 
Kotthoff)  Davis  et  al.  in  accordance  with  the 
procedure  laid  down  in  Article  18,  have  been 
complied  with 

(adapted) 
97/14/EC  -  A rt  1 
95/4/EC-Art.  1 

13. Plants  of  Solanaceae  intended  for  planting, 
other  than  seeds  and  those  items  covered  by 
Annex  III  A  (10),  (11)  or  (12) 

Third countries, other than European and Medi 
terranean  countries 

93/110/EC-Art  1 

65 

Description 
14. Soil  and  growing  medium  as  such,  which 
consists  in whole  or  in part  of  soil or  solid 
organic  substances  such  as  parts  of  plants, 
humus including peat or bark, other than that 
composed  entirely  of  peat 

Country of origin 
Turkey,  Belarus,  Estonia,  Latvia,  Lithuania, 
Moldavia,  Russia,  Ukraine  and  third  countries 
not belonging to continental Europe, other than 
the  following:  Cyprus,  Egypt  Israel,  Libya, 
Malta, Morocco, Tunisia 

92/103/EEC-Art 1 

15. Plants of  Vitis  L., other  thans  fruits 

Third  countries 

16. Plants  of  Citrus  L., Fortunella  Swingle, and 
Poncirus  Raf.,  and  their  hybrids, other  than 
fruit  and  seeds 

Third countries 

17. Plants  of Phoenix  spp. other  than  fruit  and 

Algeria, Morocco 

seeds 

18. Plants of Cydonia  Mill., Malus Mill, Prunus 
L. and Pyrus L., and their hybrids, and Fraga 
ria  L., intended forplanting, other than seeds 

Without prejudice  to the prohibitions applicable 
to the plants listed in Annex III A (9), where ap 
propriate,  non-European  countries, other  than 
Mediterranean  countries,  Australia,  New  Zea 
land, Canada, the continental states of the USA 

Third countries, other than European and Medi 
terranean  countries 

19. Plants of the family Graminacae, other than 
plants of ornamental perennial grasses of the 
subfamilies Bambusoideae, Panicoideae and 
of the genera Buchloe,  Bouteloua  Lag., Cla-
magrostis, Cortaderia  Stapf., Glyceria  R. Br., 
Hakonechloa  Mak. ex Honda, Hystrix, Moli-
nia, Phalaris  L., Shibataea,  Spartina  Schreb., 
Stipa L. and Uniob L, intended for planting, 
other  than  seeds 

66 

Part  B 

92/103/EEC-Art. 1 

PLANTS,  PLANT  PRODUCTS  AND  OTHER  OBJECTS  THE  INTRODUCTION  OF  WHICH 
SHALL  BE  PROHffilTED  IN  CERTAIN  PROTECTED  ZONES 

Description 

Protected zone(s) 

1.  Without  prejudice  to  the  prohibitions  appli 
cable  to  the  plants  listed  in Annex  III  A  (9), 
(18),  where  appropriate, plants  and  live pol 
len  for  pollination  of:  Chaenorneles  Lindl., 
Cotoneaster  Ehrh.,  Crataegus  L.,  Cydonia 
Mill., Eriobotrya Lindl., Malus  Mill., Mespilus 
L.,  Pyracantha  Roem.,  Pyrus  L.,  Sorbus  L. 
other  than  Sorbus  intermedia  (Ehrh.)  Pers., 
Stranvaesia  Lindl., other than fruit  and seeds, 
originating  in third countries other  than  tho 
se  recognised  as  being  free  from  Erwinia 
amylovora  (Burr.) Winsl. et al. in  accordance 
with  the  procedure  laid  down  in  Article  18 

2.  Fruits of Citrus L, Fortunella Swingle, Ponci 
rus  Raf.,  and  their  hybrids,  originating  in 
third  countries 

3.  Fruits of Citrus L., Fortunella Swingle, Ponci 
rus  Raf.,  and  their  hybrids, except  Citrus pa-
radisi  Macf.,  originating  in  third  countries 

96/14/EC-Art.  1 

E.Ff Champagne-Ardennes. Alsace—except de 
partment  of  Bas-Rhin  —,  Lorraine,  Franche-
Comté.  Rhône-Alpes  — except  department of 
Rhône  —.  Bourgogne.  Auvergne  —  except  de 
partment  of  Puv  de  Dome  —.  Provence-Alpes-
Côte  d'Azur.  Corse.  Languedoc-Roussillonl 
IRL. I. P, UK (N-IRL. Isle  of Man and the Chan-. 
nel  Islands')  A. FI 

EL,  F  (Corsica) 

67 

ANNEX  IV 

Part A 

92/103/EEC-Art 1 

SPECIAL REQUIREMENTS WHICH  MUST BE LAID DOWN  BY ALL MEMBER STATES 
FOR THE INTRODUCTION AND MOVEMENT OF PLANTS, PLANT PRODUCTS AND 
OTHER OBJECTS LNTO AND WITHIN ALL MEMBER STATES 

Section  I 

PLANTS,  PLANT PRODUCTS  AND  OTHER  OBJECTS  ORIGINATING  OUTSIDE  THE 
COMMUNITY 

Plants, plant products and other objects 

Special requirements 

1.1.  Wood  of  conifers  (Coniferales),  except 
that  of  Thuja  L., other  than wood  in the 
form  of: 
— chips, particles, wood waste, or  scrap 
obtained  in whole or part  from  these 
conifers, 

There  shall  be  evidence  by  application  of  an 
indicator  system,  approved  in  accordance with 
the procedure laid down in Article 18, applied to 
the wood,  that it has underdone an appropriate 
heat treatment to achieve a minimum wood core 
temperature  of 56 *C for 30 minutes. 

— packing  cases, crates  or  drums, 
— pallets,  box  pallets  or  other  load 

boards, 

— dunnage,  spacers  and  bearers, 
but including that which has not  kept its 
natural round surface, originating in Can 
ada, China, Japan, Korea, Taiwan and the 
USA 

1.2.  Wood  of  conifers  (Coniferales),  in  the 
form  of  chips,  particles,  wood  waste  or 
scrap obtained in whole or part from the 
se conifers, originating in Canada, China, 
Japan,  Korea,  Taiwan  and  the  USA 

Official  statement 
(a) that the product has undergone an appropri 
ate  fumigation  shipboard  or  in  a  container 
prior  to  shipment 
and 

(b)that  the  product  shall  be  shipped  in sealed 
containers or in such a way as to prevent any 
re-infestation 

1.3.  Wood  of  conifers  (Coniferales)  except 
that  of  Thuya  L., in the  form  of  packing 
cases, crates, drums, pallets, box pallets or 
other  load boards, dunnage, spacers and 
bearers including that which has not kept 
its  natural  round  surface,  originating  in 
Canada, China, Japan, Korea, Taiwan and 
the  USA 

The wood shall be stripped of its bark, and shall 
be  free  from  grub  holes,  caused  by  the  genus 
Monochamus (non-European  spp.), defined  for 
this purpose as those which are larger than 3 mm 
across,  and  shall  have  a  moisture  content  ex 
pressed  as  a  percentage  of  dry  matter,  of less 
than 20 %, achieved at the time of  manufacture 

68 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art. 1 

1.4. 

1.5. 

Wood  of  Thuja L., including  that  which 
has not kept its natural round surface, ori 
ginating in Canada, China, Japan, Korea, 
Taiwan  and  the  USA 

Wood  of  conifers  (Coniferales),  other 
than wood  in the form of chips, particles 
wood waste or scrap obtained in whole of 
part  from  these  conifers,  but  including 
that which has not kept its natural  round 
surface,  originating  in  non-European 
countries, other tahn Canada, China, Ja 
pan,  Korea,  Taiwan  and  USA 

The wood shall be stripped of its bark, and shall 
be  free  from  grub  holes,  caused  by  the  genus 
Monochamus (non-European  spp.), defined  for 
this purpose as those which are larger than 3 mm 
across 

(a) The  wood  shall be  stripped  of its bark, and 
shall be free grub holes, caused by the genus 
Monochamus (non-European  spp.),  defined 
for  this  purpose  as  those  which  are  larger 
than  3  mm  across 
or 

(b) there  shall  be  evidence  by  a  mark  'Kiln-
dried', or 'KD' or another internationally rec 
ognized  mark,  put  on  the  wood  or  on  its 
packaging  in  accordance  with  current  com 
mercial usage, that it has undergone kiln-dry 
ing  to  below  20 %  moisture  content,  ex 
pressed as a percentage of dry matter, at time 
of  manufacture,  achieved  through  an  ap 
propriate  time/temperature  schedule 

2.1. 

Wood  of Acer saccharum  Marsh.,  inclu 
ding wood which has not kept its natural 
round surface, other than wood intended 
for  the production of veneer,  originating 
in  North  American  countries 

2.2. 

Wood  of Acer  saccharum  Marsh,  other 
than  wood  listed  in  2.1,  originating  in 
North  American  countries 

There  shall be evidence  by a mark 'Kiln-dried', 
'KD'  or  another 
internationally  recognized 
mark, put on the wood or on its packaging in ac 
cordance with current commercial usage, that is 
has undergone  kiln-drying to below 20 % mois 
ture  content,  expressed  as  a percentage  of  dry 
matter,  at 
time  of  manufacture,  achieved 
through an appropriate time/temperature sched 
ule 

There  shall  be  evidence  by the  appropriate  ac 
companying  documents,  or some other  means 
that the wood is intended  for the production of 
veneer sheets 

Wood  of  Castanea  Mill, and  Quercus  L., 
including wood which has not kept its na 
tural  round surface, originating in North 
American  countries 

The wood shall be stripped of its bark, and 
(a) either be squared so as to remove entirely the 

rounded  surface 
or 

(b)official  statement  that  the water  content of 
the wood does not exceed 20 % expressed as 
a  percentage  of  the  dry  matter 
or 

(c) official  statement that the wood has been dis 
infected  by  an  appropriate  hot-air  or  hot-
water  treatment, 

or in the  case of sawn wood with or without re 
sidual bark attached, there shall be evidence by a 
mark 'Kiln-dried', 'KD' or another international 
ly recognized  mark, put  on  the wood  or  on  its 
packaging  in accordance with current  commer 
cial  usage, that  is has undergone  kiln-drying to 
below  20 %  moisture  content,  expressed  as  a 
percentage  of  dry  matter,  at  time  of  manufac 
ture, achieved through an appropriate  time/tem 
perature  schedule 

69 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

Wood  of  Castanea  Mill. 

Wood  of  Platanus  L.,  including  wood 
which  has  not  kept  its natural  round  sur 
face,  originating  in  the  USA or  Armenia 

Wood  of  Populus  L. originating  in  coun 
tries  of  the  American  continent 

Wood in the form  of chips, particles wood 
waste  or  scrap  and  obtained  in whole  or 
part  form  Acer  saccharum  Marsh.  Casta 
nea  Mill.,  Platanus  I_,  Populus  L.  and 
Quercus  L., originating  in  non-European 
countries,  and  conifers  (Coniferales)  ori 
ginating in non-European countries  other 
than  Canada,  China,  Korea,  Taiwan  and 
the  USA 

8.1. 

Plants  of  conifers  (Coniferales),  other 
than  fruit  and  seeds,  originating  in  non-
European  countries 

8.2. 

Plants  of  conifers  (Coniferales),  other 
than  fruit  and  seeds,  over  3m  in  height 
originating  in  non-European  countries 

9. 

Plants  of Pinus  L., intended  for  planting, 
other  than  seeds 

Without  prejudice  to  the  requirements  appli 
cable to the plant products listed in Annex IV AI 
(3), 
(a) official  statement  that  the wood  originates in 
areas  known  to  be  free  from  Cryphonectria 
parasitica  (Murrill)  Barr 

or 

(b) the  wood  shall  be  stripped  of  its  bark 

internationally 

There  shall  be  evidence  by  a  mark  'Kiln-dried', 
'KD'  or  another 
recognized 
mark,  put  on  the wood or on its packaging in ac 
cordance  with  current  commercial  usage, that is 
has  undergone  kiln-drying  to below  20 %  mois 
ture  content,  expressed  as  apercentage  of  dry 
matter,  at 
time  of  manufacture,  achieved 
through  an appropriate time/temperature  sched 
ule 

The  wood  shall be stripped  of its bark 

The product shall have been produced exclusive 
ly from  wood  which  was  stripped  of  its bark  or 
which  has undergone either kiln-drying to below 
20 %  moisture  content  expressed  as  a  percent 
age  of  dry  matter,  at  time  of  manufacture, 
achieved  through  an  appropriate 
time/tempera 
ture  schedule  or  fumigation  shipboard  or  in  a 
container prior to shipment, and shall be shipped 
in  sealed  containers  or  in  such  a way as  to pre 
vent  any  re-infestation 

Without  prejudice  to the prohibitions  applicable 
to the  plants listed in Annex III A (1), where ap 
propriate, official  statement  that the plants have 
been produced  in nurceries and  that the place of 
production  is free  from Pissodes spp. (non-Euro 
pean) 

Without  prejudice  to the prohibitions  applicable 
to  the  plants  listed  in  Annex  III  A  (1),  and 
Annex  IV  I  (8.1),  where  appropriate,  official 
statement  that  the plants have been produced in 
nurceries and that the place of production is free 
from  Scolytidae  spp.  (non-European) 

Without prejudice to the provisions applicable to 
the  plants  listed  in Annex  III  A  (1), and  Annex 
IV  A  I  (8.1),  (8.2),  official  statement  that  no 
symptoms  of  Scrirrhia acicola  (Dearn.)  Siggers 
or Scirrhiapini  Funk and Parker have been obes-
erved  at the place of production or its immediate 
vicinity  since  the  beginning  of  the  last  complete 
cycle  of  vegetation 

70 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

10. 

Plants of Abies  Mill., Larix  Mill., Picea  A. 
Dietr.,  Pinus  L.  Pseudotsuga  Carr.  and 
Tsuga Carr.,  intended  for  planting,  other 
than  seeds 

11.1.  Plants  of  Castanea  Mill,  and  Quercus  L., 

other  than  fruit  and  seeds: 

(a) originating in non-European  countries 

(b)  originating  in  North  American  coun 
tries 

11.2.  Plants  of  Castanea  Mill,  and  Quercus  L., 
intended  for  planting,  other  than  seeds 

12. 

Plants  of  Platanus  L.,  intended  for  plan 
ting,  other  than  seeds,  originating  in  the 
USA  or  Armenia 

13.1.  Plants  of  Populus  L.,  intended  for  plan 
ting,  other  than seeds, originating  in third 
countries 

13.2.  Plants of Populus L,  other  than  fruit  and 
seeds,  originating  in  countries  of  the 
American  continent 

Without prejudice  to the provisions applicable to 
the  plants  listed  in  Annex  III  A  (1), and  Annex 
IV  AI  (8.1),  (8.2)  or  (9),  where  appropriate, 
official  statement  that  no symptoms of  Melamp-
sora medusae  Thûmen have been observed at the 
place  of  production  or  its  immediate  vicinity 
since  the  beginning of  the  last complete  cycle of 
vegetation 

Without  prejudice  to the prohibitions  applicable 
to  the  plants  listed  in Annex  III A (2), 

Official  statement  that  no  symptoms  of Cronar-
tium  spp. (non-European)  have been observed at 
the place of production  or its immediate  vicinity 
since  the  beginning of  the  last complete  cycle of 
vegetation 

Official  statement  that  the  plants  originate  in 
areas  known  to  be  free  from  Ceratocystis faga-
cearum  (Bretz)  H u nt 

Without prejudice  to the provisions applicable to 
the  plants  listed  in Annex  III  A  (2)  and  IV  A  I 
(1.1),  official  statement  that: 

(a) the  plants  origninate  in  areas  known  to  be 
free  from  Cryphonectria  parasitica  (Murrill) 
Barr; 

or 

(b)no  symptoms  of  Cryphonectri  parasitica 
(Murrill) Barr have been observed  at the pla 
ce of production  or its immediate vicinity sin 
ce  the  beginning of  the  last complete  cycle of 
vegetation 

Official  statement  that  no  symptoms  of Cerato 
cystis fimbriata 
f.  sp. platani  Walter  have  been 
observed  at  the  place  of  production  or  its  im 
mediate  vicinity  since  the  beginning  of  the  last 
complete  cycle of  vegetation 

Without  prejudice  to the prohibitions  applicable 
to  the  plants  listed  in  Annex  III  A  (3),  official 
statement 
that  no  symptoms  of  Melampsora 
medusae  Thûmen  have  been  obeserved  at  the 
place  of  production  or  its  immediate  vicinity 
since  the  beginning of  the  last complete  cycle of 
vegetation 

Without prejudice  to the provisions applicable to 
thé  plants  listed  in Annex  III  A  (3)  and  IV  A I 
(13.1),  official  statement  that  no  symptoms  of 
Mycosphaerella  populorum  G.E.  Thompsom 
have been observed at the place of production or 
its  immediate  vicinity since  the  beginning of the 
last complete  cycle of  vegetation 

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14. 

Plants of Ulmus L., intended for planting, 
other  than  seeds,  originating  in  North 
American  countries 

Official  statement  that  no  symptoms  of  Elm 
phloem necrosis mycoplasm have been observed 
at the place of production or its immediate vici 
nity since the beginning of the last complete cy 
cle of vegetation 

15. 

Plants of  Chaenomeles  Lindl,  Crataegus 
L., Cydonia Mill., Eriobotrya Lindl., Malus 
Mill., Prunus L. and Pyrus L., intended for 
planting, other than seeds, originating in 
non-European  countries 

Without prejudice to the prohibitions applicable 
to the plants listed in Annex III A (9), (18) and 
Annex III B (1), where appropriate, official  sta 
tement  that: 
—  the plants originate in a country known to be 
free  from  Monilinia fructicola  (Winter) 
Honey; 
or 

—  the plants originate in an area recognized as 

free 

fructiocola 

from  Monilinia 

being 
(Winter) Honey, in accordance with the pro 
cedure laid down in Article  18, and no symp 
toms of Monilinia fructicola  (Winter) Honey 
have been  observed  at the place of produc 
tion since the beginning of the last complete 
cycle  of  vegetation 

16. 

From 15 February to 30 September,  fruit 
of Prunus  L. 

Official  statement: 
—  the fruits  originate in a country known to be 
free  from  Monilinia  fructicola  (Winter) 
Honey 
or 
the  fruits  originate in an area recognized as 
being free from Monilinia fructicola (Winter) 
Honev, with the procedure laid down in Arti 
cle  18 
or 

• the fruits have been subjected to appropriate 
inspection and treatment procedures prior to 
harvest  and/or  export  to  ensure  freedom 
from Monilinia  spp. 

16.1. 

Fruits  of  Citrus L,  Fortunella  Swingle, 
Poncirus  Raf.,  and  their hybrids, origina 
ting in  third  countries 

Without prejudice to the prohibitions applicable 
to  the  fruits  in  Annex  MB  (2),  (3),  the  fruits 
shall be free  from peduncles and leaves and the 
packaging shall bear an appropriate origin mark 

16.2. 

Fruits  of  Citrus L,  Fortunella  Swingle, 
Poncirus Raf.,  and their  hybrids, origina 
ting in third countries where Xanthomo 
nas campestris  (all  strains  pathogenic  to 
Citrus)  are  known  to  occur 

Without prejudice to the provisions applicable to 
the fruits  in Annex III B (2), (3), and Annex rv 
AI  (16.1), (16.3) and (16.4), official  statement: 
(a) the fruits originate in areas known to be free 
from  the relevant organism, or, if this requi 
rement  cannot  be  met 

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(b) no symptoms of  the relevant organism  have 
been observed at the place of production and 
in its immediate  vicinity since the beginning 
of the last cycle of vegetation, and  represen 
tative  samples  of  leaves  drawn  not  earlier 
than  15  days  before  fruit  harvesting  have 
shown,  in  appropriate  official  testing, to be 
free  from the relevant organism, and none of 
the  fruits  harvested  at  the place of produc 
tion has shown, in appropriate official  exam 
ination, symptoms of the relevant organism, 
if the fruits  originate in countries recognized 
according  with  the  procedure  laid  down  in 
Article 18, or, if this requirement can also not 
be  met 

(c) the  fruits  have  not  shown  symptoms  of  the 
relevant  organism  and  have  been  subjected 
to appropriate  treatment such as chlorine or 
sodium  orthophenylphenate 

16.3.  Fruits  of  Citrus L.,  Fortunella  Swingle, 
Poncirus  Raf.,  and their  hybrids, origina 
ting in  third countries where  Cercospora 
angolensis Carv. and Mendes or Guignar 
dia citricarpa Kiely (all strains pathogenic 
to  Citrus)  are  known  to  occur 

Without prejudice to the provisions applicable to 
the fruits  in Annex III B (2), (3), and Annex IV 
A  I  (16.1), and  (16.2) and (16.4), official  state 
ment that: 
(a) the fruits  originate in areas known to be free 
from  the  relevant  organism;  or,  if  this  re 
quirement  cannot  be  met 

(b) no symptoms of  the relevant organism have 
been observed at the place of production and 
in fts  immediate vicinity since the beginning 
of the last cycle of vegetation and none of the 
fruits  harvested  at  the  place  of  production 
has  shown,  in  appropriate  official  examin 
ation, symptoms of the relevant organism; if 
this  requirements  can  also not  be  met, 

(c) the fruits  have been subjected to appropriate 
treatment  against  the  relevant  organism 

16.4.  Fruits  of  Citrus L.,  Fortunella  Swingle, 
Poncirus  Raf.,  and their  hybrids, origina 
ting in third countries where Tephritidae 
(non-European)  are  known  to  occur  on 
these  fruits 

Without prejudice to the provisions applicable to 
the fruits  in Annex III B (2), (3), and Annex IV 
A  I  (16.1), (16.2)  and  (16.3), official  statement 
that: 
(a) the fruits  originate in areas known to be free 
from  the  relevant  organism;  or,  if  this  re 
quirement  cannot  be  met 

73 

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(b) no signs of  the relevant organism have been 
observed at the place of production and in its 
immediate vicinity since the beginning of the 
last complete cycle of vegetation, on  official 
inspections carried out at least monthly dur 
ing the three months prior to harvesting, and 
none  of  the  fruits  harvested  at  the place of 
production has shown, in appropriate  official 
examination, signs of the relevant organism, 
or  if  this  requirement  can  also  not  be  met; 

(c) the fruits  have shown, in appropriate  official 
examination on representative samples, to be 
free  from  the relevant organism in all stages 
of their development; or, if this requirement 
can  also  not  be  met; 

(d) the fruits have been subjected to an appropri 
ate  treatment  any  acceptable  vapor  heat 
treatment,  cold  treatment  or  quick  freeze 
treatment, which has been shown to be  effi 
cient  against  the  relevant  organism  without 
damaging the fruit, and, where not available, 
chemical  treatment  as far  as it is acceptable 
by Community  legislation 

17.  Plants of Chaenomeles Lindl., Cotoneaster 
Ehrh. Crataegus L., Cydonia Mil\.,Eriobo-
trya Lindl., Malus Mill., Mespilus L., Pyra-
cantha  Roem., Pyrus  L., Sorbus  L. other 
than Sorbus intermedia  (Ehrh.) Pers. and 
Stranvaesia  Lindl. intended  for  planting, 
other  than  seeds 

Without prejudice to the provisions applicable to 
the plant  listed in Annex III A (9), (18), Annex 
III B (1) or Annex IV A I (15), where appropri 
ate, official  statement: 
(a) that  the  plants  originate  in countries recog 

nized  as being free  from Erwinia  amylovora 
(Burr.)  Winsl. et  al. in accordance  with  the 
procedure  laid  down  in Article  18; 
or 

18. 

Plants  of  Citrus L.,  Fortunella  Swingle, 
Poncirus Raf.,  and  their  hybrids,  other 
than  fruit  and  seeds  and  plants  of  Ara-
ceae, Marantaceae, Musaceae.ftrsea spp. 
and Strelitziaceae, rooted or with growing 
medium  attached  or  associated 

(b)that  the plants in the field of production and 
in  its  immediate vicinity, which  have shown 
symptoms  of  Erwimia  amylovora (Burr.) 
Winsl.  et  al.,  have  been  rogued  out 

Without prejudice to the prohibitions applicable 
to  the  plants  listed  in Annex III A (16), where 
appropriate, official  statement that: 
(a) the plants originate in countries known to be 

free  from Radopholus citrophilus  Huettel  et 
al.  and  Radopholus similis  (Cobb)  Thorne; 
or 

74 

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(b) representative samples of soil and roots from 
the place of production have been subjected, 
since the beginning of the last complete cycle 
of vegetation,  to official  neraatological  test 
ing for  at least Radopholus citrophilus Huet-
tel  et  al.  and  Radopholus similis  (Cobb) 
Thorne  and  have been found,  in these tests, 
free  from  those  harmful  organisms 

19.1.  Plants of Crataegus L. intended for plan 
ting,  other  than  seeds,  originating  in 
countries  where Phyllosticta  solitaria  Ell. 
and  Ev. is known  to  occur 

Without prejudice to the provisions applicable to 
the plants listed  in Annex III A (9), and Annex 
IV  A  I  (15),  (17),  official  statement  that  no 
symptoms  of  Phyllosticta  solitaria  Ell.  and  Ev. 
have  been  observed  on  plants  at  the  place  of 
production  since the beginning of the last com 
plete cycle of vegetation 

19.2  Plants of Cydonia  Mill. Fragaria  L.,  Ma 

lus  Mill., Prunus L,  Pyrus L., Ribes L., 
Rubus  L.  intended  for  planting,  other 
than seeds, originating in countries where 
the  relevant  harmful  organisms  are 
known to occur on the genera concerned 

Without prejudice to the provisions applicable to 
the  plants  listed  in Annex  III A (9), (18), and 
Annex IV A I (15), (17), official  statement  that 
no symptoms of deseases caused by the relevant 
harmful  organisms  have  been  observed  on  the 
plants at the place of production since the begin 
ning of the last complete cycle of vegetation 

The  relevant  harmful  organisms  are 
— on Fragaria  L.: 

— Phytophthora  fragariae  Hickman 

var fragariae, 

— Arabis  mosaic virus 
— Raspberry  ringspot  virus, 
— Strawberry  crinkle virus, 
— Strawberry  latent  ringspot virus, 
— Strawberry mild yellow edge virus, 
— Tomato  black ring virus, 
— Xanthomonas  fragariae Kennedy 

and  King, 

— on Malus Mill.: 

— Phyllosticta  solitaria  Ell. and Ev., 

— on Prunus  L.: 

— Apricot  chlorotic  leafroll  myco 

plasm 

— Xanthomonas campestris pv.prunis 

(Smith)  Dye, 

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— on Prunus persica  (L.)  Batsch: 

Pseudonmoas syringae pv. persicae 
(Prunier  et al.) Young et al., 

— on Pyrus  L.: 

— Phyllosticta  solitaria  EH. and Ev., 

— on Rubus L.: 

— Arabis  mosaic virus 
— Raspberry  ringspot virus, 
—  Strawberry  latent  ringspot virus, 
— Tomato black  ring virus, 

— on  all species: 

non-European  viruses  and  viruslike 
organisms 

20. 

Plants  of  Cydonia  Mill, and Pyrus  L. in 
tended for planting, other than seeds, ori 
ginating in countries where  Pear decline 
mycoplasm  is known ot  occur 

21.1.  Plants  of Fragaria  L.  intended  for  plan 
ting,  other  than  seeds,  originating  in 
countries where the relevant harmful  or 
ganisms  are  known  to occur 
The  relevant  harmful  organisms  are: 
— Strawberry  latent  'C  virus, 
— Strawberry  vein banding virus, 
— Strawberry witches' broom mycoplasm 

Without prejudice to the provisions applicable to 
the  plants  listed  in Annex  III  A (9), (18), and 
Annex IV AI (15), (17), (19.2) official  statement 
that plants at the place of production and in its 
immediate vicinity, which have shown symptoms 
giving rise to the suspicion of contamination by 
Pear decline mycoplasm, have been rogued  out 
at that place within the last three complete cycles 
of vegetation 

Without prejudice to the provisions applicable to 
the plants listed in Annex III A (18), and Annex 
IV A I (19.2), official  statement that: 
(a) the plants, other than those raised from seed 

have  been: 
—  either officially certified under a certifica 
tion scheme requiring them to be derived 
in  direct  line  from  material  which  has 
been  maintained  under  appropriate 
conditions and subjected to official testing 
for  at  least  the  relevant  harmful  orga 
nisms  using  appropriate  indicators  or 
equivalent  methods  and  has been  found 
free, in these tests, from those harmful or 
ganisms, 

or 

76 

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92/103/EEC-Art. 1 

— derived in direct line from material which 
is  maintained  under  appropriate  condi 
tions and  has been  subjected, within the 
last  three  complete  cycles of vegetation, 
at least once, to official  testing for at least 
the relevant harmful  organisms using ap 
propriate  indicators  or  equivalent  me 
thods  and  has  been  found  free,  in these 
tests,  from  those  harmful  organisms, 

(b) no symptoms of diseases caused by the rele 
vant  harmful  organisms have been observed 
on  plants  at  the  place  of production, or on 
susceptible  plants  in  its  immediate  vicinity, 
since the beginning of the last complete cycle 
of  vegetation 

21.2.  Plants  of Fragaria  L. intended  for  plan 
ting,  other  than  seeds,  originating  in 
countries  where  Aphelenchoides  besseyi 
Christie  is known  to occur 

Without prejudice to the provisions applicable to 
the plants listed in Annex III A (18), and Annex 
IV AI  (19.2), (21.1), official  statement that: 
(a) either  no  symptoms  of Aphelenchoides  bes 
seyi Christie have been observed on plants at 
the  place  of  production  since the  beginning 
of  the  last  complete  cycle  of  vegetation 
or 

(b)in  the  case  of  plants  in  tissue  culture  the 
plants have been  derived from  plants which 
complied with section (a) of this item or have 
been officially  tested by appropriate Hemato 
logical  methods  and  have  been  found  free 
from Aphelenchoides  besseyi  Christie 

Without prejudice to the provisions applicable to 
the plants listed in Annex III A (18), and Annex 
IV A  I  (19.2),  (21.1), (21.2), official  statement 
that the plants originate in an area known to be 
free  from Anthonomus  signatus  Say and Antho 
nomus bisignifer (Schenkling) 

Without prejudice to the provisions applicable to 
the plants, listed in Annex III A (9), (18), Annex 
III  B  (1)  and  Annex  IV  A I  (15), (17), (19.2), 
official  statement  that: 

21.3. 

Plants  of Fragaria  L.,  intended  for  plan 
ting,  other  than  seeds 

22.1. 

Plants  of Malus  Mill, intended  for  plan 
ting,  other  than  seeds,  originating  in 
countries where the relevant harmful  or 
ganisms  are  known  to  occur  on Malus 
Mill. 

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The  relevant  harmful  organisms  are: 
/— Cherry  rasp  leaf  virus (American), 
— Tomato  ringspot virus, 

22.2.  Plants of Malus  Mill., intended  for plan 
ting,  other  than  seeds,  originating  in 
countries where Apple proliferation  my 
coplasm  is known  to occur 

(a) the  plants  have  been: 

— either officially certified  under a certifica 
tion scheme requiring them to be derived 
in  direct  line  from  material  which  has 
been  maintained  under  appropriate 
conditions and subjected to official testing 
for  at  least  the  relevant  harmful  orga 
nisms  using  appropriate  indicators  or 
equivalent  methods  and  has been  found 
free, in these tests, from those harmful or 
ganisms; 
or 

—  derived in direct line from material which 
is  maintained  under  appropriate  condi 
tions and subjected, within the last three 
complete  cycles  of  vegetation,  at  least 
once, to official  testing for at least the re 
levant  harmful  organisms  using  appro 
priate  indicators  or  equivalent  methods 
and  has  been  found  free,  in  these  tests, 
from  those  harmful  organisms; 

(b) no symptoms of diseases caused by the rele 
vant  harmful  organisms have been observed 
on  plants  at  the  place  of  production, or on 
susceptible  plants  in  its  immediate vicinity, 
since the beginning of the last complete cycle 
of  vegetation 

Without prejudice to the provisions applicable to 
the plants, listed in Annex III A (9), (18), Annex 
III  B  (1)  and  Annex IV  A I  (15), (17), (19.2), 
(22.1), official  statement  that: 
(a) the plants originate in areas known to be free 

from  Apple  proliferation  mycoplasm; 
or 

(b)  (aa)  the  plants,  other  than  raised  from 

scheme 

seeds,  have  been: 
—  either  officially  certified  under  a 
certification 
requiring 
them  to  be  derived  in  direct  line 
from  material  which  has  been 
maintained  under  appropriate 
conditions and subjected to official 
testing for at least Apple prolifera 
tion  mycoplasm  using appropriate 
indicators  or  equivalent  methods 
and  has  been  found  free,  in these 
tests, from  that harmful  organism; 

7S 

Plants, plant products and other objects 

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or 

—  derived  in direct line from  material 
which  is  maintained  under  appro 
priate  conditions  and  subjected, 
within  the  last  six  complete  cycles 
of vegetation,  at least once, to  offi 
cial  testing for  at least  Apple proli 
feration  mycoplasm  using  appro 
priate  indicators or equivalent  me 
thods  and  has  been  found  free,  in 
these tests, from  that harmful  orga 
nism; 

(bb)  no  symptoms  of  diseases  caused  by 
Apple  proliferation  mycoplasm  have 
been  observed  on  plants  at  the  place 
of production, or on susceptible plants 
in its immediate  vicinity, since  the  be 
ginning  of  the  last  complete  cycle  of 
vegetation 

23.1  Plants  of  following  species  of  Prunus  L, 
intended  for  planting,  other  than  seeds, 
originating  in  countries  where  Plum  pox 
virus  is  known  to  occur: 

Without prejudice  to the provisions applicable to 
the  plants,  listed  in  Annex  III  A  (9),  (18),  and 
Annex  IV  A  I  (15),  (19.2),  official  statement 
that: 

—  Prunus  amygdalus  Batsch, 

(a) the plants, other than  those raised from  seed, 

—  Prunus  armeniaca  L., 

—  Prunus  blireiana  Andre, 

—  Prunus  brigantina  Vill., 

—  Prunus  cerasifera Ehrh., 

—  Prunus  cistena  Hansen, 

—  Prunus  curdica  Fenzl  and  Fritsch., 

—  Prunus  domestica  ssp.  domestica  L., 

—  Prunus  domestica  ssp.  insititia  (L.) 

C.K.  Schneid., 

—  Prunus  domestica  ssp. italica  (Borkh.) 

Hegi., 

—  Prunus  glandulosa  Thunb., 

—  Prunus  holosericea  Batal., 

—  Prunus  homdana  Bailey, 

—  Prunus  japonica  Thunb., 

—  Prunus  mandshurica  (Maxim.)  Koeh-

ne, 

have  been: 

—  either officially  certified  under a certifica 
tion  scheme  requiring them to be  derived 
in  direct  line  from  material  which  has 
been  maintained  under 
appropriate 
conditions and subjected  to official  testing 
for,  at  least  Plum  pox virus  using  appro 
priate  indicators  or  equivalent  methods 
and  has  been  found  free,  in  these  tests, 
from  that  harmful  organism, 

derived  in direct  line from  material which 
is  maintained  under  appropriate  condi 
tions  and  has  been  subjected,  within  the 
last  three  complete  cycles  of  vegetation, 
at least once, to official  testing for  at  least 
Plum  pox virus  using  appropriate  indica 
tors  or  equivalent  methods  and  has  been 
found  free,  in these  tests, from  that  harm 
ful  organism; 

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—  Prunus  maritima  Marsh., 

—  Prunus  mume  Sieb.  and  Zucc, 

—  Prunus  nigra  Ait, 

—  Prunus  persica  (L.)  Batsch, 

—  Prunus  salicina  L., 

—  Prunus  sibirica  L., 

—  Prunus  simonii  Carr., 

—  Prunus  spinosa  L., 

—  Prunus  tomentosa  Thunb., 

—  Prunus  triloba  Lindl., 

other  species of Prunus  L.  susceptible 
to  Plux  pox  virus 

23.2.  Plants of Prunus  L., intended  for  planting 

(a) originating  in  countries where  the  re 
levant  harmful  organisms  are  known 
to  occur  on  Prunus  L. 

(b) other  than  seeds, originating  in  coun 
tries where  the relevant  harmful  orga 
nisms  are  known  to  occur 

(c) other  than  seeds,  originating  in  non-
European  countries  where  the  rele 
vant  harmful  organisms  are  known  to 
occur 

The  relevant  harmful  organisms  are: 

—  for  the  case  under  (a): 

Tomato  ringspot  virus, 

—  or  the  case  under  (b): 

—  Cherry  rasp  leaf  virus  (American) 

(b) no  symptoms  of  disease  caused  by Plum  pox 
virus  have  been  observed  on  plants  at  the 
place  of  production  or  on  susceptible  plants 
in  its immediate  vicinity, since  the  beginning 
of  the  last  three  complete  cycles  of  vegeta 
tion 

(c) plants  at  the  place  of production  which  have 
shown  symptoms  of  disease  caused  by  other 
viruses or virus-like pathogens, have been ro 
gued  out 

Without prejudice  to the provisions applicable to 
the  plants, where  appropriate  listed in Annex III 
A  (9),  (18)  or  Annex  IV A I  (15), (19.2), (23.1), 
official  statement  that: 

(a) the  plants  have  been: 

—  either officially  certified  under a certifica 
tion  scheme  requiring them  to be  derived 
in  direct  line  from  material  which  has 
been  maintained  under 
appropriate 
conditions and subjected  to official  testing 
for  at  least  the  relevant  harmful  orga 
nisms  using  appropriate 
indicators  or 
equivalent  methods  and  has  been  found 
free,  in these tests, from  those harmful  or 
ganism; 

or 

—  derived  in direct  line from  material which 
is  maintained  under  appropriate  condi 
tions  and  has  been  subjected,  within  the 
last  three  complete  cycles  of  vegetation, 
at least once, to official  testing for  at least 
the  relevant  harmful  organisms  using ap 
propriate  indicators  or  equivalent  me 
thods  and  has  been  found  free,  in  these 
tests,  from  those  harmful  organisms; 

SO 

Plants, plant products and other objects 

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—  Peach  mosaic  virus  (American), 

—  Peach  phony  rickettsia, 

—  Peach  rosette  mycoplasm, 

—  Peach  yellows  mycoplasm, 

—  Plum  line  pattern  virus  (Ameri 

can), 

—  Peach  X-disease  mycoplasm, 

—  or  the  case  under  (c): 

—  Little  cherry  pathogen. 

24. 

Plants of Rubus  L.,  intended  for  planting: 

(a) originating in countries where  harmful 
organisms  are  known  to  occur  on  Ru 
bus  L. 

(b) other  than  seeds, originating  in  coun 
tries where  the  relevant  harmful  orga 
nisms  are  known  to  occur 

The  relevant  harmful  organisms  are: 

—  in  the  case  of  (a): 

—  Tomato  ringspot  virus, 

—  Black  raspberry  latent  virus, 

—  Cherry  leafroll  virus, 

—  Prunus  necrotic  ringspot  vims, 

—  in  the  case  of  (b): 

—  Raspberry  leaf  curl  virus  (Ameri 

can) 

—  Cherry  rasp  leaf  virus  (American) 

(b)no  symptoms  of  diseases  caused  by  the  rele 
vant  harmful  organisms  have  been  observed 
on  plants  at  the  place  of  production  or  on 
susceptible  plants  in  its  immediate  vicinity, 
since  the beginning of the last three  complete 
cycles  of  vegetation 

Without  prejudice  to  the  requirements  appli 
cable  to the plants, listed  in Annex IV AI  (19.2), 

(a) the plants shall be free  from  aphids, including 

their  eggs 

(b) official  statement  that: 

(aa)  the  plants  have  been: 

—  either officially  certified  under a cer 
tification  scheme  requiring  them  to 
be  derived  in  direct  line  from  mate 
rial  which  has  been  maintained  un 
der  appropriate  conditions  and  sub 
jected  to  official  testing  for  at  least 
the relevant harmful  organisms using 
appropriate  indicators or  equivalent 
methods  and  has been  found  free, in 
these tests, from  those harmful  orga 
nism; 

—  derived  in  direct  line  from  material 
which  is  maintained  under  appro 
priate  conditions  and  has  been  sub 
jected, within the last three complete 
cycles of vegetation,  at least once, to 
official  testing  for  at  least  relevant 
harmful  organisms using appropriate 
indicators  for  equivalent  methods 
and  has  been  found  free,  in  these 
tests,  from  those  harmful  organism; 

(bb)  no  symptoms  of  diseases  caused  by  the 
relevant  harmful  organisms  have  been 
observed  on  plants  at  the  place  of  pro 
duction,  or  on  susceptible  plants  in  its 
immediate  vicinity,  since  the  beginning 
of  the  last complete  cycles of vegetation 

81 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

25.1.  Tubers of Solanum  tuberosum  L., origina 
ting in countries where Synchytrium  endo-
bioticum  (Schilbersky)  Percival  is  known 
to  occur 

25.2.  Tubers  of  Solanum  tuberosum  L. 

Without  prejudice  to the prohibitions  applicable 
to  the  tubers  listed  in  Annex  III  A  (10),  (11), 
(12), official  statement  that: 

(a) the  tubers originate in areas known to be  free 
from  Synchytrium  endobioticum  (Schilbersky) 
Percival  (all  races  other  than  Race  1,  the 
common  European  race),  and  no  symptoms 
of  Synchytrium  endobioticum 
(Schilbersky) 
Percival  have  been  observed  either  at  the 
place  of production  or in its immediate vicin 
ity since the beginning of an adequate  period; 

or 

(b) provisions  recognized  as  equivalent  to  the 
Community  provisions on combating Synchy 
trium  endobioticum  (Schilbersky)  Percival  in 
accordance  with  the  producedure  laid  down 
in Article  18 have  been  complied with, in the 
country  of  origin 

Without  prejudice  to  the  provisions  listed  in 
Annex  m  A  (10),  (11),  (12)  and  Annex  IV  A I 
(25.1),  official  statement  that: 

(a) the  tubers originate  in countries known to be 
free  from  Clavibacter michiganensis ssp. sepe 
donicus  (Spieckermann  and  Kotthoff)  Davis 
et  al. 

or 

(b) provisions  recognized  as  equivalent  to  the 
Community  provisions  on  combating Clavi 
bacter michiganensis  ssp. sepedonicus  (Spiec 
kermann  and  Kotthoff)  Davis et  al. in accor 
dance  with  the  procedure  laid  down  in Arti 
cle  18, have  been  complied with, in the coun 
try  of  origin 

25.3.  Tubers  of  Solanum  tuberosum  L.,  other 
than  early  potatoes,  originating  in  coun 
tries where  Potato  spindle  tuber  viroid  is 
known  to  occur 

Without prejudice  to the provisions applicable to 
the  tubers  listed  in  Annex  III  A  (10),  (11),  (12) 
and  Annex IV AI  (25.1.), (25.2.), suppression of 
the  faculty  of  germination 

25.4.  Tubers  of  Solanum  tuberosum  L.,  inten 

ded  for  planting 

Without prejudice  to the provisions applicable to 
tubers  listed  in  Annex  III  A  (10), (11), (12)  and 
Annex  IV  A  I  (25.1.),  (25.2.),  (25.3.),  official 
statement  that  the  tubers  originate  from  a field 
known  to  be  free  from  Globodera rostochiensis 
(Wollenweber)  Behrens  and  Globodera pallida 
(Stone)  Behrens 

and 

95/4/EC-Art  1 

(aa)  either,  the  tubers  originate  in  areas  in 
which  Pseudomonas  solanacearum  (Smith) 
Smith  is  known  not  to  occur;  or 

S2 

92/103/EEC-.Art  1 

95/4/EC-Art  1 

92/103/EEC-Art.  1 
(adapted) 

Plants, plant products and other objects 

Special  requirements 

bb) 

from  Pseudomonas 

in  areas where  Pseudomonas  solanacearum 
(Smith)  Smith  is known to occur, the  tubers 
originate  from  a place  of production  found 
free 
solanacearum 
(Smith)  Smith,  or  considered  to  be  free 
thereof,  as  a  consequence  of  the  imple 
mentation  of  an  appropriate  procedure 
aiming  at eradicating Pseudomonas  solana 
cearum  (Smith)  Smith which shall be  deter 
mined  pursuant  to the procedure  laid down 
in  Article  18 

Without prejudice  to the provisions applicable  to 
plants  and  tubers  listed  in  Annex  III  A  (10), 
(11),  (12),  (13),  and  Annex  IV  A  I  (25.1.), 
(25.2.),  (25.3.), (25.4.), official  statement  that  no 
symptoms  of  Potato  stolbur  mycoplasm  have 
been  observed  on  the  plants  at the place  of pro 
duction  since  the  beginning  of  the last  complete 
cycle  of  vegetation 

Without prejudice  to the provisions applicable to 
the  plants  listed  in  Annex  III  A  (11),  (13),  and 
Annex  IV  A I (25.5), where  appropriate,  official 
statement  that  no  symptoms  of  Potato  spindle 
tuber viroid  have been  observed  on plants at  the 
place  of  production  since  the  beginning  of  the 
last  complete  cycle  of  vegetation 

25.5.  Plants  of  Solanaceae,  intended  for  plan 
ting,  other 
than  seeds,  originating  in 
countries  where  Potato  stolbur  myco 
plasm  is  known  to  occur 

25.6. 

Plants  of  Solanaceae,  intended  for  plan 
ting,  other  thans  tubers  of Solanum  tube 
rosum  L.  and  other  than  seeds Lycopersi-
con  lycopersicum  (L.)  Karsten  ex. Farw., 
originating  in  countries  where  Potato 
spindle  tuber  viroid  is  known  to  occur 

25.7 

Plants of Capsicum  annuum  L., Lycopersi-
con  lycopersicum  (L)  Karsten  ex  Farw., 
Musa  L.,  Nicotiana  L.  and  Solanum  me-
longena  L.,  intended  for  planting  other 
than seeds, originating in countries where 
Pseudomonas 
(Smith) 
Smith  is  known  to  occur 

salanacearum 

Without prejudice  to the provisions applicable to 
the  plants  listed  in  Annex  III  A  (11),  (13),  and 
Annex  IVAI  (25.5)  and  (25.6), where  appropri 
ate,  official  statement  that: 

(a) the  plants  originate  in areas which have been 
found  free  from  Pseudomonas  salanacearum 
(Smith)  Smith;  or 

95/4/EC-Art  1 

25.8  Tubers  of  Solanum  tuberosum  L.,  other 
than  those  intended  for  planting 

(b) no  symptoms  of Pseudomonas  salanacearum 
(Smith)  Smith  have  been  observed  on  the 
plants at the place of production since the be 
ginning  of  the  last  complete  cycle  of  vegeta 
tion 

Without prejudice  to the provisions applicable  to 
tubers  listed  in  Annex  III  A  (12)  and  Annex 
IVAI  (25.1),  (25.2),  (25.3),  official  statement 
that  the  tubers  originate  in  areas  in which Pseu 
domonas  salanacearum 
(Smith)  Smith  is  not 
known  to  occur 

S3 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

26. 

Plants of Humulus  lupulus  L. intended  for 
planting,  other  than  seeds 

27.1. 

Plants  of  Dendranthema 
(DC.)  Des 
Moul.,Z)uz/i//ius L. and Pelargonium L'He-
rit  ex  Ait,  intended  for  planting,  other 
than  seeds 

27.2  Plants  of  Dendranthema 

(DC.)  Des 
Moul., Dianthus  L. and Pelargonium L'He-
rit  ex  Ait,  other  than  seeds 

Official  statement  that  no  symptoms  of  Verticil 
lium  albo-atrum  Reinke  and  Berthold  and  Verti-
cillum  dahliae  Kiebahn  have  been  observed  on 
hops  at  the  place  of production  since  the  begin 
ning of  the  last complete  cycle of  vegetation 

Official  statement  that: 

(a) no  signs  of  Heliothis  armigera  Hûbner,  or 
Spodoptera  littoralis (Boisd.)  have  been  ob 
served  at  the  place  of  production  since  the 
beginning  of  the  last  complete  cycle  of  veg 
etation 

or 

(b) the plants have  undergone appropriate  treat 
ment  to  protect  them  from  the  said  organ 
isms 

Without  prejudice  to  the  requirements  appli 
cable  to  the plants listed in Annex IV AI  (27.1.), 

(a) no  signs of Spodoptera eridania Cramer,  Spo 
doptera frugiperda Smith, or Spodoptera litura 
(Fabricius)  have  been  observed  at  the  place 
of  production  since  the  beginning of  the  last 
complete  cycle  of  vegetation 

or 

(b) the plants have undergone  appropriate  treat 
ment  to  protect  them  from  the  said  orga 
nisms 

28. 

Plants  of  Dendranthema 
(DC.)  Des 
Moul.,  intended  for  planting,  other  than 
seeds 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in  Annex  IV  (27.1.), 
(27.2),  official  statement  that: 

(a) the plants  are  no more  than  third  generation 
stock  derived  from  material  which  has  been 
found  to  be  free  from  Chrysanthemum  stunt 
viroid  during virological  tests, or  are  directly 
derived  from  material  of which  a  representa 
tive  sample  of  at  least  10 %  has  been  found 
to  be  free  from  Chrysanthemum  stunt  viroid 
during  an  official  inspection  out  at  the  time 
of  flowering; 

84 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

29. 

Plants  of Dianthus  L., intended  for  plan 
ting,  other  than  seeds 

30. 

31. 

Bulbs of  Tulipa L. and Narcissus  L.,  other 
than  those  for  which  there  shall  be  evi 
dence  by  their  packaging,  or  by  other 
means,  that  they  are  intended  for  sale  to 
final consumers not involved in  professio 
nal  cut  flower  production 

Plants  of Pelargonium LHerit. ex Ait,  in 
tended  for planting, other than seeds, ori 
ginating  in countries where Tomato  ring-
spot  virus  is  known  to  occur: 

(b)the  plants  or  cuttings: 

—  have  come  from  premises  which  have 
been  officially  inspected  at least  monthly, 
during  the  three  months prior  to  dispatch 
and  on  which  no  symptoms  of  Puctinia 
horiana  Hennings  have  been  known  to 
have  observed  during  that  period,  and  in 
the  immediate  vicinity of which  no symp 
toms  of  Puccinia  horiana  Hennings  have 
been  known  to  have  occurred  during  the 
three  months  prior  to  export 

or 

—  have  undergone  appropriate 

treatment 

against  Puccinia  horiana  Hennings; 

(c)  in  the  case  of  unrooted  cuttings,  no  symp 
toms  of Didymella  ligulicola (Baker,  Dimock 
and  Davis)  v.  Arx  were  observed  either  on 
the  cuttings  were  derived,  or  that  in case  of 
rooted  cuttings, no symptoms of Didymella li 
gulicola  (Baker,  Dimock  and  Davis)  v.  Arx 
were  observed  either  on  the  cuttings  or  on 
the  rooting  bed 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants listed in Annex IV AI  (27.1), 
(27.2), official  statement  that: 

—  the  plants  have  been  derived  in  direct  line 
from  mother  plants  which  have  found  free 
from  Erwinia  chrysanthemi  pv.  dianthicola 
(Hellmers)  Dickey, Pseudomonas  caryophylli 
(Burkholder) Starr and Burkholder  zndPhia-
lophora  cinerescens  (Wollenw.)  Van  Beyma 
on  officially  approved  tests,  carried  out  at 
least  once  within  the  two  previous  years, 

—  no symptoms of the above harmful  organisms 

have  been  obeserved  on  the  plants 

Official  statement  that  no symptoms  of Ditylen 
chus  dipsaci  (Kûhn) Fiiipjev have been  observed 
on  the plants since the beginning of the last com 
plete  cycle  of  vegetation. 

Without  prejudice  to  the  requirements  appli 
cable  to the plants listed in Annex IV AI  (27.1.), 
(27.2), 

85 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

(a) where  Xiphinema  americanum  Cobb 
sensu 
lato  (non-European  popula 
tions) or other vectors of Tomato ring-
spot  virus  are  not  known  to  occur 

official  statement  that  the  plants: 

(a) are  directly  derived  from  places  of  produc 
tion  known  to  be  free  from  Tomato  rinsgpot 
virus, 

or 

(b) are  of  no  more  than  fourth  generation  stock, 
derived  from  mother  plants  found  to be  free 
from  Tomato  ringspot  virus under an  official 
ly  approved  system  of  viroiogical  testing 

(b)where  Xiphinema  americanum  Cobb 
lato  (non-European  popula 
sensu 
tions)  or other vector  of Tomato  ring-
spot  virus  are  known  to  occur 

official  statement  that  the  plants: 

(a) are  directly  derived  from  places  of  produc 
tion  known  to  be  free  from  Tomato  ringspot 
virus  in  the  soil  or  plants; 

32.1. 

Plants of Apium  graveolens L.,Argyranthe-
mum  spp., Aster spp., Brassica spp., Capsi 
cum  annuum  L., Cucumis  spp., Dendran 
thema  (DC.)  Des Moul., Dianthus  L.  and 
hybrids, Exacum  spp., Gerbera Cass., Gyp-
sophila  L., Lactuca  spp.,  Leucanthemum 
L., Lupinus  L., Lycopersicon lycopersicum 
(L.)  Karsten  ex Farw., Solanum  melonge-
na  L.,  Tanacetum  L.  and  Verbena L.,  in 
tended  for planting, other  than seeds, ori 
ginating in countries where it has been as 
certained,  in  accordance  with  the  proce 
dure laid down in Article 18, that the rele 
vant  harmful  organisms: 

— Amauromyza  maculosa  (Malloch), 

—  Liriomyza  bryoniae  (Kaltenbach), 

—  Liriomyza  huidobrensis  (Blanchard), 

—  Liriomyza  sativae  Blanchard, 

—  Liriomyza 

trifolii  (Burgess)  are  not 

known  to  occur 

32.2. 

Plants  of  species covered  by Annex  IV  A 
I (32.1), intended for planting, other  than 
seeds,  originating  in  American  countries 
or  in any other  third  country  not  covered 
by  Annex  IV  A  I  (32.1) 

or 

(b) axe of no more than second generation stock, 
derived  from  mother  plants  found  to be  free 
from  Tomato  ringspot  virus under  an  official 
approved  system  of  viroiogical  testing 

Without prejudice  to the provisions applicable to 
the  plants  listed  in  Annex  III  A  (11),  (13),  and 
Annex  IV  A  I  (27.1.),  (27.2.),  (28),  (29), where 
appropriate,  official  statement  that: 

(a) either  no signs of any of the relevant  harmful 
organisms  have been  observed  at the place of 
production, on official  inspections carried out 
at  least  monthly  during  the  three  months 
prior  to  export, 

or 

(b) immediately  prior  to  export  the  plants  have 
been  inspected  and  found  free  from  signs of 
the  relevant  harmful  organisms  and  have 
been  subjected  to  an  appropriate  treatment 
aimed  at eradicating  the relevant harmful  or 
ganisms 

Without prejudice  to the provisions applicable to 
the  plants  listed  in  Annex  III  A  (11),  (13),  and 
Annex  TV A  I  (27.1.), (27.2.), (28), (29), (32.1), 
where  appropriate,  official  statement  that  no 
signs  of  Amauromyza  maculosa  (Malloch),  Li 
riomyza  bryoniae (Kaltenbach), Liriomyza  huido 
brensis (Blanchard), Liriomyza sativae Blanchard 
trifolii  (Burgess)  have  been  ob 
or  Liriomyza 
served  at  the  place  of production,  on official  in 
spections carried out  at least monthly during the 
three  months  prior  to  export 

86 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

32.3.  Plants  of  herbaceous  species  other  than 
those  covered  by Annex  IV A I (32.1)  in 
tended  for planting, other than seeds, ori 
ginating  in  countries  not  covered  by  An 
nex  IV  A  I  (32.1) 

33. 

Plants with roots, planted  or  intended  for 
planting,  grown  in  the  open  air 

34. 

Soil  and  growing  medium  attached  to  or 
associated with plants, consisting in whole 
or  in part  of  soil  organic  substances  such 
as  parts  of  plants,  humus  including  peat 
or  bark  or  any solid  inorganic  substance, 
intended  to  sustain  the  vitality  of  the 
plants,  originating  in: 

—  Turkey, 

—  Belarus,  Estonia,  Latvia,  Lithuania, 

Moldavia,  Russia,  Ukraine, 

—  non-European  countries  other  than 
Cyprus,  Egypt  Israel,  Libya,  Malta, 
Morocco,  Tunisia 

Without  prejudice  to the provisions applicable to 
the  plants  listed  in  Annex  III  A  (11),  (13)  and 
Annex  IV  A  I  (27.1.),  (27.2),  (28),  (29),  where 
appropriate,  official  statement  that: 

(a) either  no  signs  of  Amauromyza  maculosa 
(Malloch),  or  Liriomyza  sativae  Blanchard 
have  been  observed  at  the  place  of  produc 
tion  on  an  official 
inspection  carried  out 
prior  to  export; 

or 

(b) immediately  prior  to  export  the  plants  have 
been  inspected  and  found  free  from  signs of 
the  relevant  harmful  organisms  and  have 
been  subjected  to  an  appropriate  treatment 
aimed  at eradicating  the relevant harmful  or 
ganisms 

Official  statement that the place of production is 
known  to be free  from  Clavibacter michiganensis 
ssp. sependoniscus  (Spieckermann  and  Kotthoff) 
Davis  et  al.,  Globodera  pallida  (Stone)  Behrens, 
Globodera  rostochiensis  (Wollenweber)  Behrens 
(Schilbersky) 
and  Synchytrium 
Percival 

endobioticum 

Official  statement  that: 

(a) the growing  medium,  at the  time of planting, 

was 

—  either  free  from  soil, and  organic  matter, 

—  found  free  from  insects  and  harmful  ne 
matodes  and  subjected  to  appropriate 
examination  or heat treatment  of  fumiga 
tion  to  ensure  that  it was free  from  other 
harmful  organisms, 

or 

—  subjected  to  appropriate  heat  treatment 
or  fumigation  to  ensure  freedom  from 
harmful  organisms,  and 

(b) since  planting: 

—  either  appropriate  measures  have  been 
taken  to  ensure  that the  growing medium 
has  been  maintained  free  from  harmful 
organisms, 

or 

—  within  two  weeks  prior  to  dispatch,  the 
plants were shaken free  from  the medium 
leaving the minimum amount necessary to 
sustain vitality during transport  and, if re 
planted,  the  growing  medium  used  for 
that  purpose  meets  the  requirements  laid 
down  in  (a) 

87 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

35.1.  Plants  of  Beta  vulgaris  L.  intended  for 

planting,  other  than  seeds 

35.2.  Plants  of  Beta  vulgaris  L.  intended  for 
planting,  other  than  seeds,  originating  in 
countries  where  Beet  leaf  curl  virus  is 
known  to  occur 

36. 

Plants,  intended  for  planting,  other  than 
in  countries  where 
seeds,  originating 
Thrips palmi  Karny  is  known  to  occur 

Official  statement  that  no  symptoms  of  Beet 
curly  top  virus  (non-European  isolates)  have 
been  observed  at  the  place  of  production  since 
the  beginning  of  the  last  complete  cycle of  veg 
etation. 

Without  prejudice  to  the  requirements  appli 
cable  the  plants  listed  in  Annex  IV  A  I  (35.1). 
official  statement  that: 

(a) Beet  leaf  curl  virus  has  not  been  known  to 

occur  in  the  area  of  production: 

and 

(b)no  symptoms  of  Beet  leaf  curl  virus  have 
been  observed  at  the  place  of  production  or 
in  its  immediate  vicinity  since  the  beginning 
of  the  last  complete  cycle  of  vegetation. 

Official  statement  that: 

(a) the  place  of  production  has  been  found  free 
from  Vxrips palmi  Karny  on  official  inspec 
tions  carried  out  at  least  monthly  during  the 
three  months  prior  to  export; 

or 

(b)the  consignment  has  undergone  appropriate 
treatment  to  ensure  from  Thysanoptera. 

36.1.  Plants  of Ficus  L.,  intended  for  planting, 

Official  statement  that: 

95/4/EC-Art.  1 

other  than  seeds  ' 

(a) the  place of  production  has been  found  from 
Tlirips  palmi  Karny  on  official 
inspections 
carried  out  at  least  monthly during  the  three 
months  prior  to  export; 

(b)the  consignment  has undergone  appropriate 
treatment  to ensure  freedom  from  Thysanop 
tera: 

or 

(c) the plants  have been grown in greenhouses in 
which  official  measures  have  been  taken  to 
monitor  the  presence  of  Tlirips palmi  Karny 
during  appropriate  monitoring  no  Tlirips 
palmi  Karny  have  been  detected 

36.;  Plants,  other  than  Ficus  L.,  intended  for 

Official  statement  that: 

planting,  and  other  than  seeds 

(a) the  plants originate  in a country  known  to be 

free  from  Thrips palmi  Karny 

(b)the  place  of  production  has been  found  free 
from  Thrips palmi  Kami  on  official  inspec 
tions  carried  out  at  least  monthly  during  the 
three  months  prior  to  export: 

SS 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

(c) the  consignment  has  undergone  appropriate 
treatment  to ensure  freedom  from  Thysanop 
tera 

37. 

Plants  of  Palmae  intended  for  planting, 
other than seeds, originating in non-Euro 
pean  countries 

Without  prejudice  to the prohibitions  applicable 
to  the  plants  listed  in  Annex  III  A  (17),  where 
appropriate,  official  statement  that: 

(a) either  the  plants  originate  in  an  area  known 
to  be  free  from  Palm  lethal  yellowing  myco 
plasm  and  Cadang-Cadang  viroid,  and  no 
symptoms  have been observed  at the place of 
production  or  in  its immediate  vicinity  since 
the  beginning  of  the  last  complete  cycle  of 
vegetation; 

or 

(b) no  symptoms  of  Palm  lethal  yellowing myco 
plasm  and  Cadang-Cadang  viroid  have  been 
observed  on the plants since the beginning of 
the  last  complete  cycle  of  vegetation,  and 
plants  at  the  place  of production  which  have 
shown  symptoms  giving rise to  the  suspicion 
of contamination by the organisms have been 
rogued  out  at  that  place  and  the  plants  have 
undergone appropriate  treatment to rid them 
of  Myndus  crudus  Van  Duzee; 

(c) in  the  case  of  plants  in  tissue  culture,  the 
plants  were  derived  from  plants  which  have 
met  the  requirements  laid down  in (a)  or  (b) 

38.1.  Plants  of  Camellia  L.  intended  for  plan 
ting, other  than seeds, originating in non-
European  countries 

Official  statement  that: 

(a) the plants originate  in areas known to be  free 

from  Ciborinia  camelliae  Kohn; 

38.2.  Plants of Fuchsia L. intended  forplanting, 
other  than  seeds, originating  in  the  USA 
or  Brazil 

39. 

Trees  and  shrubs,  intended  for  planting, 
other  than  seeds  and  plants  in  tissue 
culture  originating 
third  countries 
other  than  European  and  Mediterranean 
countries 

in 

or 

(b)no  symptoms "of  Ciborinia  camelliae  Kohn 
have  been  observed  on  plants  in  flower  on 
the  place  of  production  since  the  beginning 
of  the  last  complete  cycle  of  vegetation 

Official  statement  that  no symptoms of  Aculops 
fuchsiae  Keifer  have  been  observed  at  the  place 
of  production  and  that  immediately  prior  to ex 
port  the  plants  have  been  inspected  and  found 
free  from Aculops  fuchsiae  Keifer 

Without prejudice  to the provisions applicable to 
the  plants  listed  in Annex III A (1), (2), (3), (9), 
(13),  (15),  (16),  (17),  (18), Annex  III  B (1)  and 
Annex  IV  A  I  (8.1),  (8.2),  (9),  (10),  (11.1), 
(11.2),  (12),  (13.1), (13.2), (14), (15), (17), (18), 
(19.1),  (19.2),  (20), (22.1),  (22.2), (23.1), (23.2), 
(24),  (25.5),  (25.6),  (26),  (27.1),  (272),  (28), 
(29),  (32.1),  (32.2), (33), (34),  (36), (37), (38.1), 
(38.2), where  appropriate, official  statement  that 
the  plants: 

(adapted) 

89 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art. 1 

—  are  clean  (i.e.  free  from  plant  debris)  and 

free  from  flowers  and  fruits, 

—  have  been  grown  in  nurseries, 

—  have been inspected at appropriate times and 
prior  to  export  and  found  free  from  symp 
toms  of  harmful  bacteria,  viruses  and  virus 
like  organisms,  and  either  found  free  from 
signs or symptoms of harmful  nematodes, in 
sects, mites and fungi, or have been  subjected 
to  appropriate  treatment  to  eliminate  such 
qrganisms 

Without prejudice  to the provisions applicable to 
the plants  listed  in Annex III A (1), (2), (3), (9), 
(13),  (15),  (16),  (17), (18), Annex ID  B (1), and 
Annex  IV  A  I  (8.1),  (8.2),  (9.1),  (9.2),  (10), 
(11.1),  (11.2),  (12),  (13.1),  (13.2),  (14),  (15), 
(17),  (18),  (19.1),  (19.2),  (20),  (22.1),  (22.2), 
(23.1),  (23.2),  (24),  (25.5),  (25.6),  (26),  (27.1), 
(27.2),  (28), (29), (32.1.), (32.2), (33), (34), (36), 
(37),  (38.2),  (39),  where  appropriate,  official 
statement  that  the  plants  are  dormant  and  free 
from  leaves 

(adapted) 

40.  Deciduous  trees and shrubs, intended  for 
planting,  other  than  seeds  and  plants  in 
tissue  culture,  originating  in  third  coun 
tries other than European and  Mediterra 
nean  countries 

41. 

Annual  and  biennial  plants,  other  than 
Gramineae,  intended  for  planting,  other 
than  seeds, originating  in countries  other 
than  European  and Mediterranean  coun 
tries 

Without prejudice  to the provisions applicable to 
the plants, where appropriate, listed in Annex IE 
A  (11),  (13),  and  Annex  IV  A  I  (25.5),  (25.6), 
(32.1),  (32.2),  (32.3),  (33),  (34),  (35.1),  (35.2), 
(36), official  statement  that  the plants : 

—  have  been  grown  in  nurseries, 

—  are  free  from  plant  debris, flowers  and  fruits, 

—  have been  inspected at appropriate times and 

prior  to  export  and 

—  found  free  from  symptoms  of  harmful 
bacteria, viruses and virus-like  organisms, 
and 

—  either  found  free  from  signs or  symptoms 
of  harmful  nematodes,  insects, mites  and 
fungi,  or have been subjected  to appropri 
ate treatment to eliminate such organisms 

90 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-.Art. 1 

42-

Plants  of  the  family  Gramineae  of  orna 
mental  perennial  grasses  of  the  subfami 
lies  Barabusoideae,  Panicoideae  and  of 
the generaBuchloe, Bouteloua  Lag., Cala-
magrostis,  Cortaderia Stapf.,  Glyceria  R. 
Br., Hakonechloa  Mak. ex Honda, Hystrix, 
Molinia,  Phalaris  L.,  Shibataea,  Spartim 
Schreb., Sripa L., and  Uniola  L.  intended 
for  planting, other than seeds, originating 
in  countries  other  than  European  and 
Meditarranean  countries 

43. 

Plants  of  bonsai-type,  intended  for  plan 
ting, other  than seeds, originating  in  non-
European  countries 

(adapted) 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants, where  appropriate,  listed  in 
Annex  IV  A I (33), (34), (36), official  statement 
that  the  plants: 

—  have  been  grown  in  nurseries, 

and 

—  are  free  from  plant  debris, flowers  and  fruits, 

and 

—  have been  inspected  and prior  to export,  and 

—  found  free  from  symptoms  of  harmful 
bacteria, viruses and virus-like  organisms, 
and 

—  either  found  free  from  signs or  symptoms 
of  harmful  nematodes,  insects,  mites  and 
fungi,  or  have  been  subjected  to  appro 
priate  treatment  to  eliminate  such  orga 
nisms 

Without prejudice  to the provisions applicable to 
the  plants  listed  in Annex  III  A  (1), (2), (3), (9), 
(13),  (15),  (16),  (17),  (18),  Annex  III  B  (1), 
Annex  IV  I  (8.1)  (8.2),  (9),  (10),  (11.1),  (11.2), 
(12),  (13.1),  (13.2), (14), (15),  (17), (18), (19.1), 
(19.2),  (20),  (22.1),  (22.2),  (23.1),  (23.2.),  (24), 
(25.5),  (25.6),  (26),  (27.1),  (27.2),  (28),  (32.1) 
(32.2),  (33),  (34),  (36),  (37),  (38.1),  (38.2)  (39), 
(40),  (42), where  appropriate* official  statement 
that: 

, 

(a) the  plants  shall  have been  grown  and  trained 
for  at  least two consecutive years  in  officially 
registered  'bonsai'  nurseries,  which  are  sub 
jected  to  an  officially  surpervised  control  re 
gime; 

(b)the  plants  shall: 

(aa)  at  least  during  the  two  last years  prior  to 

dispatch, 

—  have  been  grown  in  either  an  unused 
artificial  growing medium or in a natu 
ral  growing  medium  which  has  been 
treated by fumigation  or by appropria 
te  heat  treatment  to  ensure  freedom 
from  harmful  organisms,  and 
for 
which  appropriate  mesures  have  been 
taken  to  ensure  that  the  growing  me 
dium  has  been  maintained  free  from 
harmful  organisms, 

91 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

—  be  potted,  in pots which  are placed  on 
shelves  at  least  50  cm  above  ground, 

—  have  been  subjected  to  appropriate 
treatments  to ensure  freedom  of  non-
European  rusts, 

—  be  placed  only  in  insect-proof  scree-

neds  structures, 

(bb) within  two  weeks  prior  to  dispach,  have 
been  shaken  free  from  the  medium  lea 
ving  the  minimum  amount  necessary  to 
'  sustain vitality during transport  and, if re 
planted,  the  growing  medium  used  for 
that  purpose  meets the  requirements  laid 
down  in  (aa); 

(c)  the plants which  have  been  grown  in the  reg 
istered  'bonsai'  nurseries  and  those  plants in 
the  immediate  vicinity  thereof  shall  have 
been  officially  inspected  at  least  six  times  a 
year  at appropriate  times for  the presence of 
harmful  organisms  of  concern. 

The  inspections  shall  be  carried  out  at  least 
by visual  examination  of each row in the field 
or  nursery  and  by visual  examination  fo  all 
plant  parts above  the growing medium,  using 
a  random  sample  of  at  least  300  plants  in  a 
genus where the genus comprises of not more 
than  3 000  plants  or  10 %  of  the  plants  if 
there  are  more  than  3 000  plants  in  the  ge 
nus.  The  harmful  organisms  of  concern  are 
those  listed  in  the  annexes  to  this  Directive, 
and  any  other  harmful  organism  in so far  as 
it  does  not  exist  in  the  Community; 

(d)the  plants  shall  have  been  found  free,  in 
these  inspections,  from  the  relevant  harmful 
organisms of concern. Infested plants shall be 
removed.  The  remaining  plants,  where  ap 
propriate,  shall  be  effectively  treated,  and  in 
addition  shall  be  held  for  an  appropriate 
period  to ensure  freedom  from  such  harmful 
organisms  and  the  material  shall  be  packed 
in  closed  in containers which  have  been  offi 
cially  sealed  and  bear  a  distinguishing  mark 
to be reproduced  on the phytosanitary certifi 
cate,  provided  for  in Article  7, of  this Direc 
tive  enabling  the  consignments  to  be  identi 
fied 

Plants, plant products and other objects 

Special requirements 

44. 

Herbaceous  perennial  plants,  intended 
forplanting, other  than seeds, of the  fami 
lies  Caryophyllaceae  (except  Dianthus 
L.),  Corapositae  (except  Dendranthema 
( D C) Des Moul.), Crucif erae, Legumino-
sae  and  Rosaceae  (except  Fragaria L.), 
originating  in  third  countries  other  than 
European  and  Mediterranean  countries 

Without  prejudice  to  the  requirements  appli 
cable  to  plants,  where  appropriate,  listed  in 
Annex  IV  A  I  (32.1),  (32.2),  (32.3),  (33),  (34), 
(36), official  statement  that  the  plants: 

—  have  been  grown  in  nurseries,  and 

—  are  free  from  plant  debris, flowers  and  fruits, 

and 

92/103/EEC-Art.  1 

—  have been inspected  at appropriate  times and 

prior  to  export  and 

—  found  free  from  symptoms  of  harmful 
bacteria, viruses and virus-like  organisms, 

and 

—  either  found  free  from  signs or  symptoms 
of harmful  nematodes, insects, mites, and 
fungi,  or  have  been  subjected  to  appro 
priate  treatment  to  eliminate  such  orga 
nisms 

45. 

Plants of Euphorbia pulcherrima  Willd. in 
tended  for planting, other than seeds, ori 
ginating in countries where Bemisia tabaci 
Genn.  (non-European  populations) 
is 
known  to  occur 

Official  statement  that: 

—  the plants  originate  in areas known to be  free 

from  Bemisia  tabaci  Genn., 

—  no  signs  of  Bemisia  tabaci  Genn.  have  been 
observed  on  plants  at  the  place  of  produc 
tion,  on  official  inspections  carried  out  at 
least  monthly  during  the  three  months  prior 
to  export 

46. 

Plants  intended  for  planting,  other  than 
seeds,  tubers,  corms,  rhizomes,  origina 
ting in countries where the relevant harm 
ful  organisms  are  known  to  occur. 

Without  prejudice  to  the  requirements  appli 
cable  to  the plants  listed  in Annex III A (13) and 
Annex  IVAI  (25.5), (25.6), (32.1), (32.2), (32.3), 
(35.1), (35.2), (36), (44), (45) where  appropriate, 

The  relevant  harmful  organisms  are: 

—  Bean  golden  mosaic  virus, 

—  Cowpea  mild  mottle  virus, 

—  Landtuce  infectious  yellows  virus, 

—  Pepper  mild  tigré  virus, 

—  Squash  leaf  curl  virus, 

—  other  viruses  transmitted  by  Bemisia 

tabaci  Genn. 

(a) Where Bemisia  tabaci Genn.  (non-Eu 
ropean  populations)  or  other  vectors 
of  the  relevant  harmful  organisms  are 
not  known  to  occur 

official  statement  that  no  symptoms  of  the  rel 
evant  harmful  organisms have been observed  on 
the  plants  during their complete  cycle of vegeta 
tion 

93 

Plants, plant products and other objects 

Special requirements 

(b) Where Bemisia tabaci Genn. (non-Eu 
ropean populations) or other vector of 
the  relevant  harmful  organisms  are 
known  to  occur 

official  statement  that  no  symptoms  of  the  rel 
evant  harmful  organisms  have  been  orbserved 
on  the  plants  during  an adequate  period, 

and 

92/103/EEC-Art  1 

(a) the plants originate  in areas known to be  free 
from  Bemisia  tabaci Genn.  and  other vectors 
of  the  relevant  harmful  organisms; 

or 

(b) the  place  of  production  has been  found  free 
from  Bemisia  tabaci Genn. and other vectors 
of  the  relevant  harmful  organisms on  official 
inspections  carried  out  at appropriate  times; 

(c) the  plants  have  been  subjected  to  an  ap 
treatment  aimed  at  eradicating 

propriate 
Bemisia  tabaci  Genn. 

47. 

Seeds  of  Helianthus  annuus  L. 

Official  statement  that: 

48. 

Seeds  of  Lycopersicon  lycopersicum  (L.) 
Karsten  ex  Farw. 

(a) the  seeds  originate  in areas known to be  free 
from  Plasmopara  halstedii (Farlow) Berl. and 
de  Toni; 

(b)the  seeds,  other  than  those  seeds  that  have 
been  produced  on  varieties  resistant  to  all 
races  of  Plasmopara  halstedii  (Farlow)  Berl. 
and  de  Toni  present  in  the  area  of  produc 
tion,  have  been  subjected  to  an  appropriate 
treatment  against  Plasmopara  halstedii  (Far-
low)  Berl.  and  de  Toni 

Official  statement  that  the  seeds  have  been  ob 
tained  by  means  of  an  appropriate  acid  extrac 
tion  method  or  an  equivalent  method  approved 
in  accordance  with  the  procedure  laid  down  in 
Article  18, 

and 

(a) either  the  seeds  originate  in  areas  where 
Clavibacter  michiganensis  ssp.  michiganensis 
(Smith)'Davis et al.,Xanthomonas  campestris 
pv.  vesicatoria  (Doidge)  Dye  and  Potato 
spindle  tuber  viroid  are  not  known  to  occur, 
or 

(b)no  symptoms  of  diseases  caused  by  those 
harmful  organisms  have  been  observed  on 
the  plants  at  the  place  of  production  during 
their  complete  cycle  of  vegetation,  or 

94 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art. 1 

(c)  the seeds  have been subjected  to official  test 
ing  for  at  least  those  harmful  organisms,  on 
a  representative  sample  and  using  appropri 
ate  methods,  and  have  been  found,  in  these 
tests,  free  from  those  harmful  organisms 

49.1.  Seeds  of  Medicago  sativa  L. 

Official  statement  that: 

49.2.  Seeds of Medicago sativa L., originating in 
countries where Clavibacter michiganensis 
ssp. insidiosus  Davis et  al. is known  to oc 
cur 

(a) no  symptoms  of  Ditylenchus  dipsaci  (Kûhn) 
Fiiipjev  have  been  obeserved  at  the  place  of 
production  since  the  beginning  of  the  last 
complete  cycle  of vegetation  and  no Ditylen 
chus  dipsaci  (Kûhn)  Fiiipjev  has  been  re 
vealed  by laboratory tests on a  representative 
sample, 

(b) fumigation  has  taken  place  prior  to  export 

Without  prejudice  to  the  requirements  appli 
cable  to  plants  listed  in  Annex  IV  A  I  (49.1), 
official  statement  that: 

(a) Clavibacter  michiganensis 

insidiosus 
Davis  et  al.  has  not  been  known  to occur  on 
the  farm  or  in  the  immediate  vicinity  since 
the  beginning  of  the  past  10 years; 

ssp. 

(b)either 

—  the  crop  belongs  to  a  variety  recognized 
as  being  highly  resistant  to  Clavibacter 
michiganensis  ssp. insidiosus  Davis  et al., 

or 

— 

— 

it  had  not  yet  started  its fourth  complete 
cycle of vegetation  from  sowing when  the 
seed  was  harvested  and  there  was  not 
more  than  one  preceding  seed  harvest 
from  the  crop. 

the  content  of  inert  matter  which  has 
been  determined  in  accordance  with  the 
rules  applicable  for  the  certification  of 
seed  marketed  in  the  Community,  does 
not  exceed  0,1  %  by  weight; 

(c)  no  symptoms  of  Clavibacter  michiganensis 
ssp.  insidiosus  Davis  et  al.  have  been  ob 
served  at  the  place  of  production,  or  on  any 
Medicago sativa L. crop adjacent  to it, during 
the  last  complete  cycle  of  vegetation  or, 
where  appropriate,  the  last  two cycles of ve 
getation; 

(d) the crop  has been  grown on land on which  ..„ 
no 
previous  Medicago  sativa  L.  crop  has  been 
present  during  the  last  three  years  prior  to 
sowing 

95 

Plants, plant products and other objects 

Special requirements 

50. 

Seeds  of  Oryza sativa  L. 

Official  statement  that: 

92/103/EEC-Art.  1 

(a) the  seeds  have  been  officially  tested  by  ap 
propriate  nematological  tests  and  have  been 
from  Aphelenchoides  besseyi 
found 
Christie; 

free 

or 

(b)the  seeds  have  been  subjected  to  an  ap 
propriate  hot  water  treatment  or  other  ap 
propriate  treatment  against  Aphelenchoides 
besseyi  Christie 

51. 

Seeds  of  Phaseolus  L 

Official  statement  that: 

93/110/EC-Art  1 

(a) the  seeds originate  in areas known  to be  free 
from  Xanthomonas  campestris  pv.  phaseoli 
CSmithl  dve. 

ÛI 

(b) a representative  sample of the seeds has been 
tested  and  found  free  from  Xanthomonas 
campestris  pv. phaseoli  (Smith)  Dye  in  these 
tests 

52. 

Seeds  of  Zea  mais  L. 

Official  statement  that: 

(a) the  seeds originate  in areas known to be  free 

from  Envinia  stewartii (Smith)  Dye; 

(b) a representative  sample of the seeds has been 
tested  and  found  free  from  Envinia stewartii 
(Smith)  Dye  in  this  test 

53. 

Seeds of the genera  Triticum Secale and X 
India, 
Triticosecale  from  Afghanistan, 
Iraq,  Mexico,  Nepal,  Pakistan  and  the 
USA where  Tilletia indica Mitra is known 
to  occur. 

Official  otatement  that  the  seeds  originate  in an 
area  where  Tilletia indica  Mitra  is known  not  to 
occur. The  name  of the  area  shall be  mentioned 
on  the  phytosanitary  certificate  provided  for  in 
Article  7. 

96/78/EC 

54.  Grain  of  the  genera  Triticum, Secale  and 
X  Triticosecale  from  Afghanistan,  India, 
Iraq,  Mexico,  Nepal,  Pakistan  and  the 
USA where  Tilletia indica Mitra  is known 
to  occur. 

Official  statement  that  either, 

(i)  the  grain  originates  in an  area  where Tilletia 
indica  Mitra  is  known  not  to  occur.  The 
name of the  area or areas shall be  mentioned 
on  the  phytosanitary  certificate  provided  for 
in  Article  7,  under  the  rubric  "place  of  ori 
gin"  or 

(ii)no  symptoms  of  Tilletia  indica  Mitra  have 
been  observed  on  the  plants  at  the  place  of 
production during their last complete cycle of 
vegetation  and  representative  samples of the 
grain  have  been  taken  both  at  the  time  of 
harvest  and  before  shipment  and  have  been 
tested  and  found  free  from  Tilletia  indica 
Mitra  in  these  tests, the  latter  shall  be  men 
tioned  on  the  phytosanitary  certificate  pro 
vided  for  in Article  7, in the  rubric "name  of 
produce"  as  "tested  and  found  free  from 
Tilletia  indica  Mitra". 

96 

Section  II 

92/103/EEC-Art.  1 

PLANTS,  PLANT  PRODUCTS  AND  OTHER  OBJECTS  ORIGINATING  IN  THE  COM 
MUNITY 

Plants, plant products and other objects 

Special  requirements 

Wood  of  Castanea  Mill. 

(a) Official  statement  that the wood originates in 
areas  known  to  be  free  from  Cryphonectria 
parasitica  (Murrill)  Barr; 

or 

(b)the  wood  shall  be  stripped  of  its  bark 

Wood  of  Platanus  L.,  including  wood 
which  has  not  kept  its  natural  round  sur 
face 

(a) Official  statement  that the wood originates in 
areas known  to be free  from  Ceratocystis fim-
briata  f.sp. platani  Walter; 

or 

(b) there  shall  be  evidence  by  a  mark  'Kiln-
dried',  'KD'  or  another  internationally  reco 
gnized  mark,  put  on  the  wood  or  on  its pac 
kaging  in  accordance  with  current  commer 
cial  usage,  that  it  has  undergone  kiln-drying 
to below 20 % moisture content, expressed as 
a percentage  of  dry matter,  at time of  manu 
facture,  achieved  through  an  appropriate 
time/temperature 

schedule 

3. 

Isolated  bark  of  Castanea  Mill 

Officiai  statement: 

Plants  of Pinus  L.  intended  for  planting, 
other  than  seeds 

5. 

Plants of Abies  Mill., Larix  Mill., Picea  A. 
Dietr.,  Pinus  L.,  Pseudotsuga  Carr.  and 
Tsuga Carr.,  intended  for  planting,  other 
than  seeds 

Plants  of  Populus  L.,  intended  for  plan 
ting,  other  than  seeds 

Plants  of  Castanea  Mill,  and  Quercus  L., 
intended  for  planting,  other  than  seeds 

(a) that  the  bark originates in areas  known to be 
free  from  Cryphonectria  parasitica  (Murrill) 
Barr; 

or 

(b)that  the  consignment  has  been  subjected  to 
fumigation  or  other  appropriate  treatment 
against  Cryphonectria  parasitica  (Murrill) 
Ban-

Official  statement  that  no symptoms  of Scirrhia 
pini  Funk  and  Parker  have  been  observed  at  the 
place  of  production  or  in  its  immediate  vicinity 
since  the  beginning  of  the  last complete  cycle of 
vegetation 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in  Annex  rVAII  (4), 
where  appropriate,  official  statement  that  no 
symptoms of Melampsora  medusae Thûmen have 
been observed at the place of production or in its 
immediate vicinity since the beginning of the last 
complete  cycle  of  vegetation 

Official  statement  that no symptoms of Melamp 
sora medusae  Thûmen have been observed at the 
place  of  production  or  in  its  immediate  vicinity 
since  the  beginning  of  the  last complete  cycle of 
vegetation. 

Official  statement  that: 

(a) the plants originate  in areas known to be  free 
from  Cryphonectria parasitica  (Murrill)  Barr; 

or 

97 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

Plants  of Platanus  L.,  intended  for  plan 
ting,  other  than  seeds 

Plants of Chaenomeles  Lindl., Cotoneaster 
Ehrh.,  Crataegus L.,  Cydonia  Mill., Erio-
botrya Lindl., Malus Mill., Mespilus L., Py-
racantha  Roem.,  Pyrus  L.,  Sorbus  L, 
other 
(Ehrh.) 
than  Sorbus  intermedia 
Pers. and Stranvaesia Lindl., intended  for 
planting,  other  than  seeds 

10. 

Plants  of  Citrus  L.,  Fortunella  Swingle, 
Poncirus  Raf.,  and  their  hybrids,  other 
than  fruit  and  seeds 

(b)no  symptoms  of  Clyphonectria  parasitica 
(Murrill)  Barr  have  been  observed  at  the 
place  of  production  or in its immediate  vicin 
ity  since  the  beginning  of  the  last  complete 
cycle  of  vegetation 

Official  statement  that: 

(a) the  plants  originate  in  an  area  known  to  be 
free  from  Ceratpcystis fmbriata  f.sp.  platani 
Walter; 

or 

(b)no  symptoms  of  Ceratocystis  fmbriata 

f.sp. 

platani  Walter  have been observed  at the pla 
ce  of  production  or  in  its immediate  vicinity 
since  the  beginning of the last complete cycle 
of  vegetation 

Official  statement: 

(a) the  plants  originate  in  zones  recognized  as 
being  free  from  Envinia  amylovora  (Burr.) 
Winsl. et  al. in accordance with the  procedu 
re  laid  down  in  Article  18; 

or 

(b)that  the  plants  in the field of production  and 
its  immediate  vicinity,  which  have  shown 
symptoms  of  d'Erwinia  amylovora  (Burr.) 
Winsl.  et  al.,  have  been  rogued  out 

Official  statement  that: 

(a) the plants  originate  in areas known to be  free 
from  Spiroplasma  citri  Saglio  et  al.,  Phoma 
thacheiphila  (Petri) Kanchaveliand Gikashvi-
li  Citrus  vein  enation  woody  gall  and  Citrus 
tristeza  virus  (European  strains); 

(b) the  plants  derive  from  a certification  scheme 
requiring  them  to  be  derived  in  direct  line 
from  material  which  has  been  maintained 
under  appropriate  conditions  and  has  been 
subjected  to official  individual  testing  for,  at 
least,  Citrus  tristeza virus (European  strains) 
and  Citrus vein enation woddy gall, using ap 
propriate  indicators  or  equivalent  methods, 
approved  in  accordance  with  the  procedure 
laid  down  in Article  18, and  have been  grow 
ing permanently  in an insectproof  glasshouse 
or  in  an  isolated  cage  on which no  symptoms 
of  Spiroplasma  citri  Saglio  et  al.,  of  Phoma 
tracheiphila  (Pandri) Kanchaveli and  Gikash-
vili,  Citrus  tristeza  virus  (European  strains) 
and  Citrus vein enation woody gall have been 
observed; 

98 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

11. 

Plants  of  Araceae,  Marantaceae,  Musa-
ceae,  Persea spp.  and  Strelitziaceae,  roo 
ted  or  with  growing  medium  attached  or 
associated 

12. 

Plants of Fragaria L., Prunus L. and Rubus 
L., intended for planting, other than seeds 

(c)  the  plants: 

—  have  been  derived  from  a  certification 
scheme  requiring  them  to  be  derived  in 
direct  line  from  material  which  has  been 
maintained  under  appropriate  conditions 
and  has  been  subjected  to  official  indivi 
dual  testing  for,  at  least,  Citrus vein  ena 
tion  woody  gall  and  Citrus  tristeza  virus 
(European  strains),  using appropriate  in 
dicators or equivalent  methods,  approved 
in  accordance  with  the  procedure  laid 
down  in Article  18, and has been found  in 
these  tests,  free  from  Citrus  tristeza  virus 
(European  strains),  and  certified 
free 
from,  at  least,  Citrus tristeza virus  (Euro 
pean  strains)  in  official  individual  tests 
carried  out  according  to  the  methods 
menrionned  in  this  indent 

and 

—  have  been  inspected  and  no symptoms of 
Spiroplasma  citri Saglio et  al., Phoma  tra-
cheiphila  (Pandri)  Kanchaveli  and  Gi-
kashviJi, and of Citrus vein enation woody 
gall  and  Citrus  tristeza  virus  have  been 
observed  since  the  beginning  of  the  last 
complete  cycle  of  vegetation 

Official  statement  that: 

(a) no  contamination  by  Radopholus 

similis 
(Cobb)  Thorne  has  been  observed  at  the 
place  of  production  since  the  beginning  of 
the  last  complete  cycle  of  vegetation; 

(b)soiJ  and  roots  from  suspected  plants  have 
been  subjected  since the beginning of the  last 
complete  cycle of vegetation to official  nema-
tological  testing for  at least Radopholus  simi 
lis  (Cobb)  Thorne  and  have  been  found,  in 
these  tests,  free  from  that  harmful  organism 

Official  statement  that: 

(a) the plants originate  in areas known to be  free 
from  the  relevant  harmful  organisms; 

or 

(b)no  symptoms  of  diseases  caused  by  the  rel 
evant  harmful  organisms have been  observed 
on  plants  at the place of production  since  the 
beginning  of  the  last  complete  cycle  of  veg 
etation 

99 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

The  relevant  harmful  organisms  are: 
—  on  Fragaria L.: 

—  Phytophthora  fragariae  Hickman  var 

fragariae 

—  Arabis  mosaic  virus 

—  Raspberry  ringspot  virus 

—  Strawberry  crinkle  virus 

—  Strawberry  latent  ringspot  virus 

—  Strawberry  mild  yellow  edge  virus 

—  Tomato  black  ting  virus 

—  Xanthomonas 

fragariae  Kennedy  and 

King 

—  on  Prunus  L.: 

—  Apricot  chlorotic  leafroll  mycoplasm 

—  Xanthomonas 
(Smith)  Dye 

campestris  pv.  pruni 

—  on  Prunus  persica  (L.)  Batsch: 

Pseudomonas  syringae pv.persicae  (Pruni 
er  et  al.)  Young  et  al., 

—  on  Rubus  L.: 

—  Arabis  mosaic  virus 

—  Raspberry  ringspot  virus 

—  Strawberry  latent  ringspot  virus 

—  Tomato  black  ring  virus 

Without  prejudice  to  the  requirements  appli 
cable  to  plants  listed  in Annex  IV A  II  (9),  offi 
cial  statement  that: 

(a) the plants originate  in areas known to be  free 

from  Pear  decline  mycoplasm; 

or 

(b)the  plants  at  the  place  of  production  and  in 
its  immediate  vicinity,  which  have  shown 
symptoms  giving rise to the suspicion of con 
tamination  by Pear  decline  mycoplasm, have 
been  rogued  out  at  that place within  the  last 
three  complete  cycles  of  vegetation 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in Annex  IV A  II  (12) 
official  statement  that: 

(a) the plants originate  in areas known to be  free 

from  Aphelenchoides  besseyi  Christie; 

100 

13. 

Plants  of  Cydonia  Mill,  and  Pyrus  L.,  in 
tended  for  planting,  other  than  seeds 

14. 

Plants  of  Fragaria L.,  intended  for  plan 
ting,  other  than  seeds 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

15. 

Plants  of  Malus  Mill.,  intended  for  plan 
ting,  other  than  seeds 

(b)no 

symptoms  of  Aphelenchoides  besseyi 
Christie  have  been  observed  on  the plants  at 
the  place  of  production  since  the  beginning 
of  the  last  complete  cycle  of  vegetation; 

or 

(c) in  case  of  plants  in  tissue  culture,  the  plants 
have  been  derived  from  plants  complying 
with  section  (b)  of  this  item  or  have  been 
officially  tested by appropriate  nematological 
methods  and  have  been  found  free  from 
Aphelenchoides  besseyi  Christie 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in  Annex  IV  A  II  (9), 
official  statement  that: 

(a) the plants originate  in areas known to be  free 

from  Apple  proliferation  mycoplasm; 

or 

(b) (aa)  the  plants, other  than  those  raised  from 

seed,  have  been: 

—  either officially  certified  under a cer 
tification  scheme  requiring  them  to 
be  derived  in  direct  line  from  mate 
rial  which  has  been  maintained  un 
der  appropriate  conditions  and  sub 
jected  to  official  testing  for  at  least 
Apple 
proliferation  mycoplasm 
using appropriate  indicators or equi 
valent  methods  and  has been  found, 
in these  tests, free  from  that  harmful 
organism, 

or 

—  derived  in  direct  line  from  material 
which  is  maintained  under  appro 
priate  conditions  and  has  been  sub 
jected,  within  the  last  six  complete 
cycles of vegetation, at least once, to 
official  testing  for,  at  least,  Apple 
proliferation  mycoplasm  using  ap 
propriate  indicators  or  equivalent 
methods  and  has been found,  in the 
se tests, free  from  that harmful  orga 
nism; 

(bb)  no  symptoms  of  diseases caused  by Ap 
ple  proliferation  mycoplasm  have  been 
observed  on  the  plants  at  the  place  of 
production,  or on  the susceptible  plants 
in its immediate vicinity since the begin 
ning of  the  last three  complete  cycles of 
vegetation 

101 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

16. 

Plants  of  the  following  species  of  Prunus 
L.,  intended  for  planting,  other 
than 
seeds: 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in Annex  IV A II (12), 
official  statement  that: 

—  Prunus  amygdalus  Batsch, 

(a) the  plants originate  in areas known to be  free 

—  Prunus  armeniaca  L., 

—  Prunus  blireiana Andre, 

—  Prunus  brigantina Vill., 

—  Prunus  cerasifera Ehrh-, 

—  Prunus  cistena  Hansen, 

—  Prunus  curdica  Fenzl  and  Fritsch., 

—  Prunus  domestica  ssp.  domestica  L., 

—  Prunus  domestica  ssp.  insititia  (L.) 

C.K.  Schneid. 

—  Prunus  domestica  ssp. italica  (Borkh.) 

Hegi., 

—  Prunus  glandulosa  Thunb., 

—  Prunus  holosericea  Batal., 

—  Prunus  hortulana  Bailey, 

—  Prunus  japonica  Thunb., 

—  Prunus  mandshurica  (Maxim.)  Koeh-

ne, 

—  Prunus  maritima  Marsh., 

—  Prunus  mume  Sieb.  and  Zucc, 

—  Prunus  nigra Ait., 

—  Prunus  persica  (L.)  Batsch, 

—  Prunus  salicina  L., 

—  Prunus  sibirica L., 

—  Prunus  simonii  Carr., 

—  Prunus  spinosa  L., 

—  Prunus  tomentosa  Thunb., 

—  Prunus  triloba Lindl.  other  species  of 
Prunus  L. susceptible  to  Plum  pox vi 
rus 

17. 

Plants  of  Vitis  L.,  other  than  fruit  and 
seeds 

from  Plum  pox  virus; 

or 

(b)(aa)  the  plants, other  than  those  raised  from 

seed,  have  been: 

—  either officially  certified  under a cer 
tification  scheme  requiring  them  to 
be  derived  in  direct  line  from  mate 
rial  which  has  been  maintained  un 
der  appropriate  conditions  and  sub 
jected  to  official  testing for,  at  least 
Plum pox virus using appropriate  in 
dicators  or  equivalent  methods  and 
has  been  found,  in  these  tests,  free 
from  that  harmful  organism, 

or 

—  derived  in  direct  line  from  material 
which is maintained  under  appropri 
ate  conditions  and  has  been  sub 
jected within the last three  complete 
cycles of vegetation,  at least once, to 
official  testing  for  at  least  Plum  pox 
virus using appropriate indicators for 
equivalent  methods  and  has  been 
found,  in  these  tests,  free  from  that 
harmful  organism; 

or 

(bb)  no symptoms of disease  caused  by Plum 
pox virus  have  been  observed  on  plants 
at  the place of production or on the sus 
ceptible  plants  in its immediate vicinity, 
since  the  beginning  of  the  last  three 
complete  cycles  of  vegetation; 

(cc)  plants  at  the  place  of  production  which 
have shown symptoms of disease caused 
by other viruses or virus-like pathogens, 
have  been  rogued  out 

Official  statement  that  no  symptoms  of  Grape 
vine  Ravescence  dorée  MLO  and  Xylophilus 
ampelinus  (Panagopoulos)  Willems  et  al.  have 
been  observed  on the  mother-stock plants at the 
place  of  production  since  the  beginning  of  the 
last  two complete  cycles of  vegetation 

102 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

18.1.  Tubers  of  Solanum  tuberosum  L.,  inten 

Official  statement  that: 

ded  for  planting 

18.2.  Tubers  of  Solanum  tuberosum  L.,  inten 
ded forplanting, other than tubers of tho 
se  varieties  officially  accepted  in  one  or 
more Member  States pursuant to  Council 
Directive  70/457/EEC 

(a) the  Community  provisions to combat Synchy 
(Schilbersky)  Percival 

trium  endobioticum 
have  been  complied  with; 

and 

(b) either  the  tubers  originate  in  an  area  known 
to be  free  from  Clavibacter michiganensis ssp. 
(Spieckermann  and  Kotthoff) 
sepedonicus 
Davis  et  al.  or  the  Community  provisions  to 
combat  Clavibacter  michiganensis  ssp. sepe 
donicus  (Spieckermann  and  Kotthoff)  Davis 
et  al.  have  been  complied  with; 

and 

(c) the  tubers  originate  from  a field known  to be 
free  from  Globodera  rostochiensis  (Wollen-
weber)  Behrens  and  Globodera pallida  (Sto 
ne)  Behrens 

(d)(aa)  either,  the  tubers  originate  in  areas  in 
which 
solanacearum 
Pseudomonas 
(Smith)  Smith is known  not  to occur; or 

95/4/EC-Art  1 

(bb)  in areas where  Pseudomonas  solanacea 
rum  (Smith)  Smith  is  known  to  occur, 
the  tubers originate  from  a place of pro 
duction  found  free  from  Pseudomonas 
solanacearum  (Smith)  Smith, or  consid 
ered  to  be  free  thereof,  as  a  conse 
quence  of  the  implementation  of an ap 
propriate  procedure  aiming at  eradicat 
ing Pseudomonas  solanacearum  (Smith) 
Smith 

Without  prejudice  to  the  special  requirements 
applicable  to  the  tubers  listed  in Annex  IV A  II 
(18.1),  official  statement  that  the  tubers: 

—  belong  to  advanced  selections  such  a  state 
ment  being  indicated  in  an  appropriate  way 
on  the  document  accompanying  the  relevant 
tubers, 

—  have  been  produced  within  the  Community, 

and 

—  have  been  derived  in  direct  line  from  ma 
terial  which  has  been  maintained  under  ap 
propriate  conditions  and  has been  subjected 
within  the  Community  to  official  quarantine 
testing 
in  accordance  with  appropriate 
methods  and  has  been  found,  in  these  tests, 
free  from  harmful  organisms 

92/103/EEC-Art.  1 
(adapted) 

103 

92/103/EEC-Art  1 

(adapted) 

Plants, plant products and other objects 

Special requirements 

18.3.  Plants  of  stolon  —  or  tuberforming  spe 
cies of Solanum  L., or their hybrids, inten 
ded  for  planting,  other  than  those  tubers 
of Solanum  tuberosum  L. specified  in An 
nex  IV  A  H  (18.1)  or  (18.2),  and  other 
than  culture  maintenance  material  being 
stored  in genebanks or  genetic stock col 
lections 

(a) The  plants  shall  have  been  held  under  quar 
antine  conditions  and  shall  have  found  free 
of  any  harmful  organisms  in quarantine  test 
ing; 

(b)the  quarantine  testing referred  to in (a) shall: 

(aa) be supervised  by the official  plant protec 
tion  organization  of  the  Member  State 
concerned  and  executed  by  scientifically 
trained staff  of that organization or of any 
officially  approved  body; 

(bb) be  executed  at  a  site  provided  with  ap 
propriate  facilities  sufficient  to  contain 
harmful  organisms  and  maintain  the  ma 
terial  including  indicator  plants  in such  a 
way  as  to  eliminate  any risk of  spreading 
harmful  organisms; 

(cc)  be  executed  on  each  unit of  the  material, 

—  by visual examination  at regular  inter 
vals  during  the  full  length  of  at  least 
one  vegetative  cycle, having  regard  to 
the  type  of  material  and  its  stage  of 
development  during  the  testing  pro 
gramme,  for  symptoms  caused  by any 
harmful  organisms, 

—  by  testing,  in  accordance  with  appro 
priate  methods  to be submitted  to  the 
Committee  referred  to  in  Article  18: 

—  in the case  of all potato  material  at 

least  for 

—  Andean  potato  latent  virus, 

—  Arracacha  virus  B,  oca  strain, 

—  Potato  black  ringspot  virus, 

—  Potato  spindle  tuber  viroid, 

—  Potato  virus  T, 

—  Andean  potato  mottle  virus, 

—  common  potato  viruses  A,  M, 
S, V, X  and  Y (including Y°, Y* 
and  Yc)  and  Potato  leaf  roll vi 
rus, 

—  Clavibacter  michiganensis  ssp. 
sepedonicus  (Spieckermann and 
Kotthoff)  Davis  et  ai, 

104 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

—  Pseudomonas 

solanacearum 

95/4/EC-Art  1 

(Smith)  Smith 

—  in  the  case  ot  true  seed  potato  at 
least  for  the  viruses  and  viroid 
listed  above; 

92/103/EEC-Art.  1 
(adapted) 

(dd) by appropriate  testing on any other symp 
tom observed  in the visual examination in 
order  to  identify  the  harmful  organisms 
having  caused  such  symptoms; 

(c) any material, which  has not been  found  free, 
under  the  testing  specified  under  (b)  from 
harmful  organisms  as  specified  under  (b) 
shall  be  immediately  destroyed  or  subjected 
to  procedures  which  eliminate  the  harmful 
organism(s); 

(d)each  organization  or  research  body  holding 
this  material  shall 
their  official 
Member State Plant Protection Service of the 
material  held 

inform 

Each organization or research body holding such 
material shall inform  their official  Member  State 
Plant  Protection  Service  of  the  material  held 

There  shall be evidence by a registration  number 
put  on  the  packaging,  or  in  the  case  of  loose 
loaded  potatoes  transported  in bulk,  on  the  ve 
hicle transporting the potatoes, that the potatoes 
have  been  grown  by an  officially  registered  pro 
ducer,  or  originate  from  officially  registered  col 
lective  storage  or  dispatching  centres  located  in 
the  area  of production  indicating  that the  tubers 
are 
solanacearum 
(Smith)  Smith  and  that 

from  Pseudomonas 

free 

(adapted) 

18.4. 

Plants  of  stolon  —  or  tuberforming  spe 
cies of Solanum  L, or their hybrids, inten 
ded  for  planting,  being  stored  in  gene 
banks  or  genetic  stock  collections 

18.5. 

Tubers  of  Solanum  tuberosum  L.,  other 
than  those  mentioned  in  Annex  IV  A  II 
(18.1),  (18.2),  (18.3)  or  (18.4) 

(a) the  Community provisions to combat Synchy 
trium  endobioticum  (Schilbersky)  Percival; 

and 

(b)where  appropriate,  the  Community  provi 
sions  to  combat  Clavibacter  michiganensis 
ssp.  sepedonicus  (Spieckermann  and  Kot 
thoff)  Davis  et  al., 

18.6.  Plants  of  Solanaceae  intended  for  plan 
ting,  other  than  seeds  and  other  than 
in  Annex  IV  A  II 
plants  mentioned 
(18.4.)  or  (18.5) 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants,  listed  in  Annex  IV  A  II 
(18.1),  (18.2)  and  (18.3),  where  appropriate, 
official  statement  that: 

(adapted) 

105 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art. 1 

.  1 

18.7.  Plants of Capsicum  annuum  L., Lycopersi 
cum  (L)  Karsten  ex Farw., Musa  L., Nico-
tiana  L.,  and  Solanum  melongena  L.,  in 
tended  for  planting  other  than  seeds 

19. 

Plants of Humulus  lupulus  L. intended  for 
planting,  other  than  seeds 

20. 

Plants  of  Dendranthema 
(DC.)  Des 
Moul.. Dianthus  L. and Pelargonium L'Hé-
rit  ex  Ait.  intended  for  planting,  other 
than  seeds 

(a) the plants originate  in areas known  to be  free 

from  Potato  stolbur  mycoplasm 

or 

(b)no  symptoms  of  Potato  stolbur  mycoplasm 
have been observed on the plants at the  place 
of production  since  the  beginning  of  the  last 
complete  cycle  of  vegetation 

Without  prejudice  to  the  requirements  appli 
cable, to the plants  listed  in Annex IV A II ( 18.6) 
where  appropriate,  official  statement  that: 

95/4/EC-Art.  1 
(adapted) 

(a) the plants originate  in areas which  have  been 
found  free  from  Pseudomonas  solanacearum 
(Smith)  Smith;  or 

(b)no  symptoms  of Pseudomonas  solanacearum 
(Smith)  Smith  have  been  observed  on  the 
plants  at place  of production  since  the  begin 
ning  of  the  last  complete  cycle  of  vegetation 

Official  statement  that  no  symptoms  of  Verticil 
lium  albo-atrum  Reinke  and  Benhold  and  of 
Verticillium dahliae Kiebahn  have been observed 
on  hops at  the  place  of  production  since  the be 
ginning of  the  last complete  cycle of  vegetation 

Official  statement  that: 

(a) no  signs  of  Heliothis  armgera  Hûbner  or  of 
Spodoptera  littoralis  (Boisd.)  have  been  ob 
served  at  the  place  of  production  since  the 
beginning  of  the  last  complete  cycle  of vege 
tation; 

or 

(b) the plants have  undergone  appropriate  treat 
ment  to  protect  them  from  the  said  orga 
nisms 

92/103/EEC-Art.  1 

21.1.  Plants of Dendranthema  (DC.) Des Moul. 
intended  for  planting,  other  than  seeds 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in Annex  IV  A II  (20), 
official  statement  that: 

(adapted) 

(a) the plants  are  no more  than  third  generation 
stock  derived  from  material  which  has  been 
found  to be  free  from  Chrysanthemum  stunt 
viroid  during viroiogical  tests, or  are  directly 
derived  from  material  of which  a  representa 
tive  sample  of  at  least  10 %  has  been  found 
to be free  from  Chrysanthemum  stunt  viroid 
during  an  official  inspection  carried  out  at 
the  time  of  flowering; 

106 

Plants, plant products and other objects 

Special  requirements 

92/103/EEC-Art.  1 

(b)the  plants  or  cuttings have  come  from  prem 

ises: 

—  which  have  been  officially  inspected  at 
least  monthly,  during  the  three  months 
prior  to  dispatch  and  on  which  no  symp 
toms  of  Puccinia  horiana  Hennings  have 
been  observed  during  that  period,  and  in 
the  immediate  vicinity of which  no symp 
toms  of  Puccinia  horiana  Hennings  have 
been  known  to  have  occurred  during  the 
three  months  prior  to  marketing, 

or 

—  the consignment has undergone  appropri 
ate  treatment  against  Puccinia  horiana 
Hennings; 

(c) in the  case of  unrooted cuttings no symptoms 
of  Didymella  ligulicola  (Baker,  Dimock  and 
Davis)  v.  Arx  were  observed  either  on  the 
cuttings  or  on  the  plants  from  which  the  cut 
tings  were  derived,  or  that  in  the  case  of 
rooted  cuttings,  no  symptoms  of  Didymelle 
ligulicola  (Baker,  Dimock  and  Davis)  v. Arx 
were  observed  either  on  the  cuttings  or  on 
the  rooting  bed 

21.2.  Plants  of  Dianthus  L.  intended  for  plan 

ting,  other  than  seeds 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in Annex  IV A II (20), 
official  statement  that: 

*  • 

(adapted) 

—  the  p'lants  have  been  derived  in  direct  line 
from  mother  plants  which  have  been  found 
free  from  Envinia  chrysanthemi  pv. dianthi-
cola  (Hellraers) Dickey, Pseudomonas caryo-
phylli  (Burkholder)  Starr  and  Burkholder, 
and  Phialophora  cinerescens  (Wollenw.)  van 
Beyma  on  officially  approved  tests  carried 
out  at  least  once  within  the  two  previous 
years, 

—  no symptoms of the above  harmful  organisms 

have  been  observed  on  the  plants 

Official  statement  that  no  symptoms of Ditylen 
chus  dipsaci  (Kûhn)  Fiiipjev  have been  observed 
on  the plants since the beginning of the last com 
plete  cycle  of  vegetation 

22.  Bulbs of  Tulipa L  and Narcissus  L.,  other 
than  those  for  which  there  shall  be  evi 
dence  by  their  packaging,  or  by  other 
means,  that  they are  intended  for  sale  to 
final consumers not involved in professio 
nal  cut  flower  production 

107 

92/103/EEC-Art  1 

(adapted) 

Plants, plant products and other objects 

Special requirements 

23. 

Plants of Apium  graveolens L.,Argyranthe-
mum  spp., Aster spp., Brassica spp., Capsi 
cum  annuum  L., Cucumis  spp., Dendran 
thema  (DC.) Des. Moul., Dianthus  L  and 
their hybrids, Exacum  spp., Gerbera Cass., 
Gypsophila  L., Lactuca  spp.,  Leucanthe-
mum  L., Lupinus  L., Lycopersicon lycoper 
sicum  (L.)  Karsten  ex.  Farw.,  Solanum 
melongena  L., Spinacia  L.,  Tanacetum  L 
and  J^rbena  I_,  intended  for  planting, 
other  than  seeds 

24. 

Plants with roots, planted  or intended  for 
planting,  grown  in  the  open  air 

25. 

Plants  of  Beta  vulgaris  L.  intended  for 
planting,  other  than  seeds 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants, where  appropriate,  listed  in 
Annex  IV  A  II  (20),  (21.1)  or  (21.2),  official 
statement  that: 

(a) the  plants  originate  in  an  area  known  to  be 
free  from Liriommyza  bryoniae (Kaltenbach), 
Liriomyza  huidobrensis  (Blanchard)  and  Li 
riomyza  trifolii  (Burgess); 

(b) either  no signs of Liriomyza  bryoniae (Kalten-
,bach), Liriomyza  huidobrensis  (Blanchard)  or 
of Liriomyza  trifolii  (Burgess)  have  been  ob 
served  at  the  place  of  production, on  official 
inspections  carried  out  at  least  monthly  du 
ring  the  three  months  prior  to  harvesting; 

or 

(c) immediately  prior  to  marketing  the  plants 
have  been  inspected  and  found  free  from 
signs  of  the  relevant  harmful  organisms  and 
have  been  subjected  to  an  appropriate  treat 
ment  aimed  at  eradicading  Liriomyza  bryo 
niae  (Kaltenbach),  Liriomyza  huidobrensis 
(Blanchard)  and  Liriomyza  trifolii  (Burgess) 

Thera shall be evidence that the place of produc 
tion  is known  to  be  free  from  Clavibacter michi 
ganensis  ssp.  sepedonicus  (Spieckermann  and 
Kotthoff)  Davis et al., Globodera pallida  (Stone) 
Behrens, Globodera  rostochiensis (Wollenweber) 
Behrens  and  Synchytrium  endobioticum  (Schil 
bersky)  Percival 

Official  statement  that: 

(a) the plants originate  in areas known to be  free 

from  Beet  leaf  curl  virus; 

or 

(b)Beet  leaf  curl  virus  has  not  been  known  to 
occur  in the  area of production  and no symp 
toms of  Beet  leaf  curl virus  have been  obser 
ved  at  the place of production  or in its imme 
diate  vicinity  since  the  beginning  of  the  last 
complete  cycle  of  vegetation 

26. 

Seeds  of  Helianthus  annuus  L. 

Official  statement  that: 

(a) the  seeds  originate  in areas known to be  free 
from  Plasmopara  halstedii (Farlow) Berl. and 
de  Toni; 

or 

108 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art.  1 

27. 

Seeds  of  Lycopersicon  lycopersicum  (L.) 
Karsten  ex  Farw. 

(b)the  seeds,  other  than  those  seeds  that  have 
been produced  on varieties resistant to all ra 
ces  of  Plasmopara  halstedii  (Farlow)  Berl. 
and  de  Toni  present  in  the  area  of  produc 
tion,  have  been  subjected  to  an  appropriate 
treatment  against  Plasmopara  halstedii (Far-
law)  Berl.  and  de  Toni 

Official  statement  that  the  seeds  have  been  ob 
tained  by  means  of  an  appropriate  acid  extrac 
tion  method  or  an  equivalent  method  approved 
in  accordance  with  the  procedure  laid  down  in 
Article  18, 

and 

(a) either  the  seeds  originate  in  areas  where 
Clavibacter  michiganensis  ssp.  michiganensis 
(Smith)  Davis  et  al.,  or  Xanthomonas  cam 
pestris  pv.  vesicatoria  (Doidge)  Dye  are  not 
known  to  occur; 

or 

(b)no  symptoms  of  diseases  caused  by  those 
harmful  organisms  have  been  observed  on 
the  plants  at  the  place  of  production  during 
their  last  complete  cycle  of  vegetation; 

or 

(c) the seeds  have been  subjected  to official  test 
ing  for  at  least  those  harmful  organisms,  on 
a  representative  sample  and  using  appropri 
ate  methods,  and  have  been  found,  in  these 
tests,  to  be  free  from  those  harmful  organ 
isms 

28.1.  Seeds  of  Medicago  sativa  L. 

Official  statement  that: 

28.2.  Seeds  of  Medicago  sativa  L. 

(a) no  symptoms  of  Ditylenchus  dipsaci  (Kûhn) 
Fiiipjev  have  been  observed  at  the  place  of 
production  since  the  beginning  of  the  last 
complete  cycle  of  vegetation  and  that  no 
Ditylenchus  dipsaci  (Kûhn)  Fiiipjev  has  been 
revealed  by laboratory  tests on  a  representa 
tive  sample; 

(b)that  fumigation  has  taken  place  prior  to 

marketing 

Without  prejudice  to  the  requirements  appli 
cable  to  the  plants  listed  in  Annex  IV  A  II 
(28.1),  official  statement  that: 

(adapted) 

(a) the  seeds  originate  in areas known to be  free 
from  Clavibacter  michiganensis  spp. insidio 
sus  Davis  et al.; 

109 

Plants, plant products and other objects 

Special requirements 

92/103/EEC-Art  1 

(b) —  Clavibacter michiganensis ssp. insidiosus 
Davis et al. has not been known to occur 
on  the  farm  or in the immediate vicinity 
since  the beginning of the past  10 years, 

and 

—  the  crop  belongs  to  a variety  recog 
nized  as  being  highly  resistant  to 
Clavibacter  michiganensis  ssp.  insi-
diosus  Davis  et  ai, 

or 

—  it had  not yet started  its fourth  com 
plete  cycle  of  vegetation  from  sow 
ing  when  the  seed  harvested,  and 
there was not more than one  preced 
ing  seed  harvest  from  the  crop, 

or 

—  the content of inert matter which has 
been  determined  in accordance with 
the  rules  applicable  for  certification 
of seed marketed  in the  Community, 
does  not  exceed  0,1 %  by  weight 

—  no symptoms of Clavibacter michiganensis 
ssp.  insidiosus  Davis et al. have  been  ob 
served  at  the  place  of  production  or  on 
any Medicago sativa L. crop adjacent  to  it 
during  the  last  complete  cycle  of  vegeta 
tion  or,  where  appropriate,  the  last  two 
cycles  of  vegetation, 

—  the crop has been grown on land on which 
no  previous  Medicago  sativa  L.  crop  has 
been  present  during  the  last  three  years 
prior  to  sowing 

29. 

Seeds  of  Phaseolus  L. 

Official  statement  that: 

(a) the seeds  originate  in areas known to be  free 
from  Xanthomonas  campestris  pv.  phaseoli 
(Smith)  Dye; 

or 

(b) a representative  sample of the seeds has been 
tested  and  found  free  from  Xanthomonas 
campestris  pv. phaseoli  (Smith)  Dye  in  these 
tests 

30.1.  Fruits  of  Citrus  L.,  Fortunella  Swingle, 
Poncirus  Raf.,  and  their  hybrids 

The  packaging  shall  bear  an  appropriate  origin 
mark 

110 

Part B 

92/103/EEC-.Art  1 

SPECIAL  REQUIREMENTS  WHICH  SHALL  BE  LAID  DOWN  BY ALL  MEMBER  STATES 
FOR  THE  INTRODUCTION  AND  MOVEMENT  OF  PLANTS,  PLANT  PRODUCTS  AND 
OTHER  OBJECTS  INTO  AND  WITHIN  CERTAIN  PROTECTED  ZONES 

Plants, plant products 
and other objects 

Wood  of  conifers 
(Coniferales) 

Wood  of  conifers 
(Coniferales) 

Special  requirements 

Protected zone(s) 

EL, IRL, UK  f) 

96/14/EC-Art.  1 

EL, IRL, UK 

96/14/EC-Art.  1 

Without  prejudice 
to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7), where  appropriate, 

(a) the  wood  shall  be  stripped 

of  its  bark; 

or 

(b)official  statement  that  the 
in  areas 
wood  originates 
known  to  be  free  from  Den-
droctonus  micans  Kugelan; 

or 

(c) there  shall  be  evidence  by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood  or  on  its  packaging  in 
current 
accordance  with 
commercial  usage,  that  it 
has  undergone  kiln-drying 
to  below  20  %  moisture 
content,  expressed  as a  per 
centage  of  dry  matter,  at 
manufacture, 
time 
achieved 
through  an  ap 
propriate  time/temperature 
schedule 

of 

Without  prejudice 
to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),.  where  appropriate,  and 
A n n e x I V B ( l ), 

(a) the  wood  shall  be  stripped 

of  its  bark; 

or 

(b)official  statement  that  the 
wood  originates 
in  areas 
known  to  be  free  from  Ips 
duplicatus  Sahlberg; 

or 

111 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art. 1 

IRLJIK 

96/14/EC-Art 1-

Wood  of  conifers 
(Coniferales) 

(c) there shall be evidence by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood or on  its packaging in 
accordance  with  current 
commercial  usage,  that  it 
has  undergone  kiln-drying 
to  below  20 %  moisture 
content  expressed  as a per 
centage  of  dry  matter,  at 
time 
of  manufacture, 
through  an  ap 
achieved 
propriate  time/temperature 
schedule 

Without  prejudice  to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),  where  appropriate,  and 
Annex IV B(l), (2), 
(a) the  wood  shall  be  stripped 

of  its bark; 
or 

(b)official  statement  that  the 
wood  originates  in  areas 
known  to  be  free  from  Ips 
typographus  Heer; 
or 

(c) there shall be evidence by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood or on its packaging in 
accordance  with  current 
commercial  usage,  that  it 
has  undergone  kiln-drying 
to  below  20 %  moisture 
content  expressed  as a per 
centage  of  dry  matter,  at 
of  manufacture, 
time 
achieved 
through  an  ap 
propriate  time/temperature 
schedule 

112 

Plants, plant products 
and other objects 

Wood  of  conifers 
(Coniferales) 

Wood  of  conifers 
(Coniferales) 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

ELF(ConiiçaURI.,UK 

96/14/EC-Art  1 

EL.  IRL.  UK.  fN-IRL. 
Isle  of  Manl 

96/14/EC-Art  1 

Without  prejudice 
to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),  where  appropriate,  and 
Annex IV B ( l ),  (2), (3), 

(a) the  wood  shall  be  stripped 

of  its  bark; 

(b)official  statement  that  the 
in  areas 
wood  originates 
known  to  be  free  from  Ips 
amitinus  Eichhof; 

(c) there  shall  be  evidence  by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood  or  on  its  packaging  in 
current 
accordance  with 
commercial  usage,  that 
it 
has  undergone  kiln-drying 
to  below  20 %  moisture 
content,  expressed  as  a  per 
centage  of  dry  matter,  at 
manufacture, 
time 
achieved 
through  an  ap 
propriate  time/temperature 
schedule 

of 

to  the  re 
Without  prejudice 
quirements  applicable 
to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),  where  appropriate,  and 
Annex IV  B ( l ),  (2), (3), (4), 

(a) the  wood  shall  be  stripped 

of  its  bark; 

(b)official  statement  that  the 
wood  originates 
in  areas 
known  to  be  free  from  Ips 
cembrae  Heer; 

or 

113 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

IRL.UKfN-IRL.Isleof 
Man) 

95/41/EC-Art  1 

Wood  of  conifers 
(Coniferales) 

(c) there  shall  be  evidence  by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood  or  on  its  packaging  in 
accordance  with 
current 
commercial  usage,  that  it 
has  undergone  kiln-drying 
to  below  20  %  moisture 
content;  expressed  as  a  per 
centage  of  dry  matter,  at 
time 
manufacture, 
through  an  ap 
achieved 
time/temperature 
propriate 
schedule 

of 

Without  prejudice 
to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),  where  appropriate,  and 
Annex  IV  B  (1),  (2),  (3),  (4), 
(5), 

(a) the  wood  shall  be  stripped 

of  its  bark; 

or 

(b)official  statement  that  the 
in  areas 
wood  originates 
known  to  be  free  from  Ips 
sexdentatus  Boerner; 

(c) there  shall  be  evidence  by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood  or  on  its  packaging  in 
accordance  with 
current 
commercial  usage,  that  it 
has  undergone  kiln-drying 
to  below  20 %  moisture 
content  expressed  as  a  per 
centage  of  dry  matter,  at 
time 
manufacture, 
achieved 
through  an  ap 
propriate  time/temperature 
schedule 

of 

114 

Plants, plant products 
and other objects 

6.1.  Wood  of  conifers 
(Coniferales) 

6.2.  Wood  of  conifers 
(Coniferales) 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art. 1 

IRL.UKfN-IRL.Isleof 
Man  and  Jersey) 

95/41/EC- Art. 1 

F  (Corsica) 

Without  prejudice 
to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),  where  appropriate,  and 
Annex  IV  B  (1),  (2),  (3),  (4), 
(5), (6), 

(a) the  wood  shall  be  stripped 

of  its  bark; 

or 

(b)official  statement  that  the 
in  areas 
wood  originates 
known  to  be  free  from  Pis-
sodes  spp.  (European); 

or 

(c) there  shall  be  evidence  by a 
mark  'Kiln-dried',  'KD'  or 
another  internationally  rec 
ognized  mark,  put  on  the 
wood  or  on  its  packaging  in 
accordance  with 
current 
commercial  usage,  that  it 
has  undergone  kiln-drying 
to  below  20 %  moisture 
content,  expressed  as a  per 
centage  of  dry  matter,  at 
manufacture, 
time 
achieved 
through  an  ap 
propriate  time/temperature 
schedule 

of 

Without  prejudice 
to  the  re 
quirements  applicable  to  the 
wood  listed  in  Annex  IV  A  I 
(1.1),  (1.2),  (1.3),  (1.4),  (1.5), 
(7),  where  appropriate,  and 
Annex IV  B  (4), 

(a) the  wood  shall  be  stripped 

of  its  bark; 

or 

(b)official  statement  that  the 
in  areas 
wood  originates 
known 
from 
Matsucoccus  feytaudi  Due. 

to  be 

free 

115 

Plants, plant products 
and other objects 

Plants of Abies  Mill- La 
rix Mill.. Picea  A.  Dietr.. 
Pinus  L..  and  Pseudotsu 
ga  Carr..  over  3  m  in 
height  other  than  fruit 
and seeds 

Plants of Abies  Mill.. La 
rix Mill.. Picea  A.  Dietr. 
and  Pinus  L..  over  3 m 
than 
in  height  other 
fruit  and  seeds 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

IRL.UK  n 

96/14/EC-Art  1 

EL. IRL.  UK 

96/14/EC-Art  1 

Without  prejudice  to  the provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV AI  (8.1), (8.2),  (9), (10) and 
Annex  IV  A  II  (4),  (5),  where 
appropriate,  official  statement 
that  the  place  of  production  is 
free  from  Dendroctonus  micans 
Kugelan 

Without  prejudice  to  the provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (S.2),  (9),  (10), 
Annex  IV  A  II  (4),  (5)  and 
Annex  IV  B  (7),  where  ap 
propriate,  official 
statement 
that  the  place  of  production  is 
free  from  Ips  duplicatus  Sahl-
berg 

Plants of Abies Mill.. LSL. 
rix Mill.. Picea A.  Dietr.. 
,Pmu5 L.. and  Pseudotsu 
ga  Carr..  over  3  m  in 
height  other  than  fruit 
and  seeds 

Without  prejudice  to  the provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (S.2),  (9),  (10), 
Annex  IV  A  II  (4),  (5)  and 
Annex  IV  B (7),  (8), where  ap 
propriate,  official 
statement 
that  the  place  of  production  is 
free  from  Ips  typographus  Heer 

10. 

Plants of Abies  Mill.. La 
rix Mill..  Picea  A.  Dietr. 
and  Pinus  L..  over  3 m 
than 
in  height  other 
fruit  and seeds 

in  Annex 

Without  prejudice  to  the provi 
sions  applicable  to  the  plants 
listed 
III  A  (1), 
Annex  IV  A  I  (8.1),  (8.2),  (9), 
(10), Annex IV A  II (4), (5)and 
Annex IV  B (7), (8), (9), where 
appropriate,  official  statement 
that  the  place  of  production  is 
free  from  Ips amitinus  Eichhof 

IBUIK 

96/14/EC-Art  1 

EL.F(CQrsiça),lRL,UK 

96/14/EC-Art  1 

116 

Plants, plant products 
and other objects 

11. 

Plants of Abies Mill.  La 
rix Mill.. Picea A.  Dietr.. 
Pinus  !..  and  Pseudotsu-
gfl  Carr,,  over  3  m  in 
height  other  than  fruit 
seeds 

12. 

Plants of Abies Mill.. La 
rix  Mill.. Picea A, Dietr. 
and Pinus L„ over 3 m in 
height,  other  than  fruit 
s£e_ds 

13. 

Plants of Abies  Mill.. La 
rix Mill,. Picea A.  Dietr, 
and Pinus L.. over 3 m in 
height,  other  than  fruit 
seeds 

14.1. 

Isolated  bark  of  conifers 
(Coniferales) 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

EL  IRL. UK,  (N-IRL 
Isle of  Man) 

96/14/EC-Art  1 

IRL.UKfN-TRI..Isleof 
Man) 

96/14/EC-Art  1 
95/41/EC-Art  1 

IRL.UKrN-IRL.Isleof 
Man  and Jersey^ 

96/14/EC -Art  1 
95/41/EC-Art  1 

EL, IRL, UK  f) 

96/14/EC-Art  1 

Without  prejudice  to  the  provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (8.2),  (9),  (10), 
Annex  IV  A  U  (4),  (5)  and 
Annex  IV  B  (7),  (8),  (9),  (10), 
where 
official 
appropriate, 
statement  that  the place of pro 
duction is free  from Ips cembrae 
Heer 

Without  prejudice  to  the provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (8.2),  (9),  (10), 
Annex  IV  A  II  (4),  (5)  and 
Annex  IV  B  (7),  (8),  (9),  (10), 
(11), where appropriate,  official 
statement  that  the  place of pro 
duction  is free  from  Ips sexden-
tatus  Boer ne r 

Without  prejudice  to the  provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (8.2),  (9),  (10), 
Annex  IV  A  II  (4),  (5)  and 
Annex  IV  B  (7),  (8),  (9),  (10), 
(11),  (12),  where  appropriate, 
official  statement  that the place 
of  production  is  free  from  Pis-
sodes  spp.  (European) 

Without  prejudice  to  the  pro 
hibitions  applicable  to  the  bark 
listed  in  Annex  III  A  (4),  offi 
cial statement  that  the  consign 
ment 

(a) has  been  subjected  to  fu 
migation  to  other  appropri 
ate  treatments  against  bark 
beetles; 

or 

117 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art  1 

ELFfCorsicaURLUK 

96/14/EC-Art  1 

EL.  IRL.  UK.  fN-IRL. 
Isle of Man^ 

96/14/EC-Art  1 

EL. IRL. UK 

96/14/EC-Art.  1 

14.2.  Isolated  bark  of  conifers 

(Coniferales) 

14.3. 

Isolated  bark  of  conifers 
(Coniferales) 

14.4.  Isolated  bark  of  conifers 

(b) originates in areas known  to 
be  free  from  Dendroctonus 
micans  Kugelan 

Without  prejudice  to  the  provi 
sions  applicable  to  the  bark 
listed in Annex III A (4), Annex 
IV  B  (14.1),  official  statement 
that  the  consignment: 

(a) has  been  subjected  to  fu 
migation  to  other  appropri 
ate  treatments  against  bark 
beetles; 

or 

(b) originates  in areas  known  to 
be  free  from  Ips  amitinus 
Eichbof 

Without  prejudice  to  the  provi 
sions  applicable 
to  the  bark 
listed in Annex III A (4), Annex 
IV  B  (14.1),  (14.2),  official 
the  consign 
statement 
ment: 

that 

(a) has  been  subjected  to  fu 
migation  or  other  appropri 
ate  treatments  against  bark 
beetles; 

(b) originates  in areas  known  to 
be  free  from  Ips  cembrae 
Heer 

Without  prejudice  to  the  provi 
sions  applicable 
to  the  bark 
listed in Annex III A (4), Annex 
IV  B (14.1), (14.2),  (14.3),  offi 
cial statement  that  the  consign 
ment: 

(a) has  been  subjected  to  fu 
migation  to  other  appropri 
ate  treatments  against  bark 
beetles; 

(b) originates  in areas  known  to 
be  free  from  Ips  duplicatus 
Sa hi berg 

118 

Plants, plant products 
and other objects 

14.5. 

Isolated  bark  of  conifers 
(Coniferales) 

14.6. 

Isolated  bark  of  conifers 
(Coniferales) 

14.7. 

Isolated  bark  of  conifers 
(Coniferales) 

14.8. 

Isolated  bark  of  conifers 
(Coniferales) 

Special requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

IRL  UK (N-IRL  Isle of 
Man) 

95/41/EC-Art.  1 

IRL. UK 

96/14/EC-Art  1 

F  (Corsica) 

IRT..UK(N-TRL.Isleof 
Man and Jersey) 

95/41/EC-Art  1 

to 

Without  prejudice  to  the  provi 
sions  applicable 
the  bark 
listed in Annex III A j(4), Annex 
IV  B  (14.1),  (14.2),  (14.3), 
(14.4),  official  statement  that 
the  consignment: 

(a) has  been  subjected 

to  fu 
migation  or  other  appropri 
ate  treatments  against  bark 
beetles; 

or 

(b) originates  in areas  known  to 
be  free  from  Ips  sexdentatus 
Boerner 

Without  prejudice  to  the  provi 
to  the  bark 
sions  applicable 
listed in Annex III A (4), Annex 
IV  B  (14.1),  (14.2),  (14.3), 
(14.4), (14.5), official  statement 
that  the  consignment: 

(a) has  been  subjected  to  fu 
migation  or  other  appropri 
ate  treatments  against  bark 
beetles; 

or 

(b) originates  in areas  known  to 
be free  from  Ips  typographus 
Heer 

Without  prejudice  to  the  provi 
sions  applicable 
to  the  bark 
listed in Annex III A (4), Annex 
IV  B  (14.2),  official  statement 
that  the  consignment: 

(a) has  been  subjected  to  fu 
migation  or  other  appropri 
ate  treatments; 

or 

(b) originates  in areas  known  to 
be  free  from  Matsucoccus 
feytaudi  Due. 

Without  prejudice  to  the  provi 
to  the  bark 
sions  applicable 
listed in Annex III A (4), Annex 
IV  B  (14.1),  (14.2),  (14.3), 
(14.4),  (14.5)  and  (14.6),  offi 
cial  statement  that  the  consign 
ment: 

119 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art. 1 

(a) has  been  subjected 

to  fu 
migation  or  other  appropri 
ate  treatments  against  bark 
beetles; 

or 

(b) originates  in areas  known  to 
be  free  from  Pissodes  spp. 
(European) 

IRL. UK (N-IRL Isle of 
Man  and Jersey^ 

95/41/EC-Art  1 

IRL. UK  (N-IRL^ 

95/41/EC-Art  1 

E (lbiza) 

15. 

Plants  of  Larix  Mill.,  in 
tended 
planting, 
for 
other  than  seeds 

16. 

Plants  of Pinus  L., Picea 
A.  Dietr.,  Larix  Mill., 
Abies  Mill., and Pseudot 
suga  Carr.,  intended  for 
planting, 
than 
seeds 

other 

17. 

Plants of Pinus  L., inten 
ded  for  planting,  other 
than  seeds 

Without  prejudice  to  the  provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV AI  (8.1), (8.2),  (10),  Annex 
IV A II  (5) and Annex IV B (7), 
(8),  (9),  (10),  (11),  (12),  (13), 
official 
the 
plants  have  been  produced  in 
nurseries  and  that  the  place  of 
production  is free  from  Cephal-
cia lariciphila (Klug.) 

statement 

that 

Without  prejudice  to  the  provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (8.2),  (9),  Annex 
IV AII  (4) and Annex IV B (7), 
(8),  (9),  (10),  (11),  (12),  (13), 
(15), where appropriate,  official 
statement  that  the  plants  have 
been produced  in nurseries  and 
that  the  place  of  production  is 
free  from  Gremmeniella  abiedi-
na  (Lag.)  Morelet 

Without  prejudice  to  the  provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV  A  I  (8.1),  (8.2),  (9),  Annex 
IV A II  (4) and Annex  IV B (7), 
(8),  (9),  (10),  (11),  (12),  (13), 
(16), official  statement  that  the 
plants  have  been  produced  in 
nurseries  and  that  the  place  of 
production  and  its  immediate 
vicinity  is  free  from  Thauman-
dopoea  pityocampa 
(Den.  and 
Schiff.). 

120 

Plants, plant products 
and other objects 

18. 

Plants  of Picea A.  Dietr. 
intended 
for  planting, 
other  than  seeds 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

EL.  IRL  UK  (N-IRL. 
Isle of  Man  and  Jersey) 

95/41/EC-Art  1 

Without  prejudice  to  the  provi 
sions  applicable  to  the  plants 
listed in Annex III A (1), Annex 
IV A  I (8.1), (8.2),  (10),  Annex 
IV AII  (5) and Annex IV B (7), 
(8),  (9),  (10),  (11),  (12),  (13), 
(16),  official  statement  that  the 
plants  have  been  produced  in 
nurseries  and  that  the  place  of 
production  is free  from  Gilpinia 
hercyniae  (Hartig) 

19. 

Plants 
of  Eucalyptus 
LHerit  other  than  fruit 
and  seeds 

Official  statement  that: 

ELP 

(a) the plants are  free  from  soil, 
and  have  been  subjected  to 
a  treatment  against  Gonip-
terus scutellatus  Gyll.; 

20.1.  Tubers  of  Solanum  tube 
rosum  L.,  intended  for 
planting 

or 

(b)the  plants  originate  in  areas 
known  to  be  free  from  Go-
nipterus  scutellatus  Gyll. 

Without  prejudice  to  the  provi 
sions  applicable  to  the  plants 
listed  in Annex III  A  (10), (11), 
Annex  IV  A  I  (25.1),  (25.2), 
(25.3),  (25.4),  (25.5),  (25.6), 
Annex  IV  A  II  (18.1),  (18.2), 
(18.3),  (18.4)  and  (18.6),  offi 
cial statement  that  the  tubers: 

DK.  F  (Brittanv).  FI. 
IRL P (Azores).  S. UK 

96/14/EC-Art  1 

(adapted) 

(a) were  grown 

in  an  area 
where  Beet  necrotic  yellow 
vein  virus 
is 
known  not  to  occur; 

(BNYVV) 

or 

(b)were  grown  on  land,  or  in 
growing  media  consisting of 
soil  that  is known  to be  free 
from  BNYVV,  or  officially 
appropriate 
tested 
free 
found 
methods  and 
from  B N Y W; 

by 

or 

(c) have been washed  free  from 

soil 

121 

Plants, plant products 
and other objects 

Special  requirements 

Protected zor.e(s) 

92/103/EEC-Art. 1 

20.2. 

Tubers  of Solanum  tube 
rosum  L., other than  tho 
se  mentioned  in  Annex 
IV  B  (20.1)  and  other 
than  those  intended  for 
starch production  at pre 
mises  with 
approved 
waste  disposal  facilities 

20.3. 

Tubers of Solanum  tuber 
osum  L. 

21. 

Plants and  live pollen  for 
pollination  of:  Chaeno-
meles  Lindl.,  Cotoneas-
ter  Ehrh.,  Crataegus  L., 
Cydonia Mill., Eriobotrya 
Lindl.. Malus  Mill., Mes-
pilus 
L.,  Pyracantha 
Roem.,  Pyrus  L,  Sorbus 
L., other  than  Sorbus  in 
termedia  (Ehrh.)  Pers., 
Stranvaesia  Lindl.,  other 
than  fruit  and  seeds 

The  consignment  or  lot  shall 
not  contain  more  than  1 %  by 
weight  of  soil 

DK.  F  (Brittanvi.  FI. 
IRL. P (Azores).  S. UK 

96/14/EC-Art. 1 

FI 

95/1/EC,  Euratom,  ECSC 

92/103/EEC  - A r t.  1 
95/41/EC-Art.  1 

96/14/EC-Art.  1 

E.  F  (Champagne-Ar 
dennes. Alsace — except 
the  department  of  Bas-
Rhin  — Lorraine.  Fran 
che-Comté.  Rhône-AI-
— excent the  depart-
pes. 
ment of Rhône —. Bour 
gogne.  Auvergne  —  ex 
cept  the  department  of 
Puv-de-Dome).  Proven-
çe-Alpes-Côte  d'Azur, 
Corse.Languedoc-Rous-
sillon).  IRL  I.  P.  UK 
(N-IRL  Isle of Man  and 
Channel  Islands). A. FI 

Without  prejudice 
to  the  re 
quirements  listed  in Part  A  (II) 
of  Annex  IV  (18.1),  (18.2)  and 
(1S.5),  official  statement  that 
provisions  are  complied  with  in 
respect  of  Globodera  pallida 
(Stone)  Behrens  and  Globod 
era rostochiensis ( Wollenweber) 
Behrens  which  are  in  accord 
ance  with  those  laid  down  in 
Directive  69/465/EEC 

Without  prejudice  to  the  pro 
hibitions 
the 
applicable 
plants  listed  in Annex  III  A (9), 
(IS),  and  Annex  III  B  (1), 
official 
appropriate, 
where 
statement  that: 

to 

zones  E. 

(a) the  plants  originate  in  the 
protected 
F 
(Champagne-Ardennes.  Al 
sace  —  except  department 
of  Bas-Rhin  —.  Lorraine. 
Franche-Comté. 
Rhône-
Alpes — except  department 
of  Rhône  —.  Bourgogne-
Auvergne  —  except  depart 
ment  of  Puy  de  Dome  —  . 
Provence-Alpes-Côte  d'A 
zur.  Corse.  Languedoc-
Roussillon).  IRL.  I.  P.  UK 
(N-IRL. Isle of Man and  the 
Channel  Islands).  A.  FI 

or 

(b)the  plants  have  been  pro 
duced  or,  if  moved  into  a 
'buffer  zone',  maintained, 
for  a  period  of  at  least  one 
year,  on  a  field: 

122 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

at 

(aa)  located  in  an  officially 
designed  'buffer  zone' 
covering 
least 
50 km2 
i.e.  an  area 
where  host  plants  are 
subjected  to an  official 
ly approved  and  super 
vised  control 
regime 
with the  object  of  mini 
mizing  the  risk  of  Er-
winia 
amylovora 
(Burr.)  Winsl. et al. be 
the 
ing  spread  from 
plants  grown  there 

(bb)  which has been  official 
ly approved  before  the 
start  of  the  last  com 
plete  cycle  of  vegeta 
tion,  for  the  cultivation 
of  plants  under  the  re 
quirements  laid  down 
in  this  point 

(cc)  which,  as  well  as  the 
other  parts of the  'buff 
er  zone',  has  been 
found  free  from  Envi 
(Burr.) 
nia  amylovora 
Winsl.  et -al. since  the 
beginning  of  the 
last 
complete  cycle  of  ve 
getation, 

—  at  official 

inspec 
tions  carried  out  at 
least  twice 
in  the 
field,  as  well  as  in 
surrounding 
the 
zone  of  a  radius  of 
at  least  250 m,  i.e. 
once  during  Jury/ 
August  and  once 
during  September/ 
October, 

and 

123 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

—  at 

official 

spot 
checks  carried  out 
in  the  surrounding 
zone  of  a  radius  of 
at 
least  1  km,  at 
least  once  during 
July  to  October,  in 
selected  appropria 
te  places,  in  parti 
cular  where  appro 
priate 
indicator 
plants  are  present 

and 

since 
the 

—  at  official  tests  car 
ried  out  in  accor 
dance  with  an  ap 
propriate  laborato 
ry  method  on  sam 
officially 
ples 
the 
drawn, 
start  of 
last 
complete  cycle  of 
from 
vegetation, 
plants 
having 
shown  symptoms of 
Envinia  amylovora 
(Burr.)  Winsl. et al. 
on  the  field  or  in 
other  parts  of  the 
'buffer  zone', 

and 

(dd)  from  which,  as  well  as 
from  the  other  parts  of 
'buffer  zone'  no 
the 
host  plants 
showing 
symptoms  of  Envinia 
amylovora 
(Burr.) 
Winsl.  et al.  have  been 
removed  without  prior 
official  investigation  or 
approval 

22. 

Plants  of Allium  porrum 
L.,  Apium  L-,  Beta  L., 
Brassica  napus  L,  Bras-
sica  râpa  L.,  Daucus  L., 
other  than  plants  inten 
ded  for  planting 

The  consignment  or  lot  shall 
not  contain  more  than  1 %  by 
weight  of soil 

PK.  F  (Brittany).  H. 
IRL  P (Azores),  S, UK 

96/14/EC-Art  1 

124 

Plants, plant products 
and other objects 

23. 

Plants of Beta vulgaris L., 
intended 
for  planting, 
other  than  seeds 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art. 1 

DK.  F  (Brittanv).  FI. 
IRL. P (Azores). S.  UK 

96/14/EC-Art  1 
(adapted) 

(a) Without  prejudice  to  the  re 
quirements applicable to the 
plants  listed  in  Annex  IV  A 
1(35.1),  (35.2), Annex  IV  A 
II  (25),  and  Annex  IV  B 
(22),  official  statement  that 
the  plants: 

(aa)  have  been  officially  in 
dividually 
tested  and 
found  free  from  Beet 
necrotic  yellow vein vi 
rus  (BNYVV); 

or 

(bb)  have  been  grown  from 
seeds  complying  with 
the  requirements  listed 
in  Annex  IV  B  (27), 
and 

—  grown  in areas whe 
is 
BNYVV 
re 
known not  to  occur, 

or 

—  grown  on  land,  or 
in  growing  media, 
tested  by 
officially 
me 
appropriate 
thods  and 
found 
free  from  BNYVV, 

and 

—  sampled,  and 

the 
sample  tested  and 
found 
from 
free 
BNYVV, 

(b) the organization  or  research 
body  holding  the  material 
shall  inform 
their  official 
Member  State  Plant  Protec 
tion  Service  of  the  material 
held 

125 

92/103/EEC-Art  1 

95/41/EC-Art  1 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone(s) 

24. 

Plants  of Begonia L.  and 
Euphorbia  pulcherrima 
Willd.,  other  than  those 
for  which  there  shall  be 
evidence by their  packa 
ging  or  their  flower  (or 
bract)  development  or 
by other  means that  they 
are  intended  for  sale  to 
final  consumers  not  in 
volved 
in  professional 
plant  production, inten 
ded  for  planting,  other 
than  seeds 

Official  statement  that: 

(a) the  plants  originate  in  an 
area  known  to  be  free  from 
Bemisia  tabaci  Genn.; 

(b)no  signs  of  Bemisia 

tabaci 
Genn.  have  been  observed 
on  plants  at  the  place  of 
production  on  official 
in 
spections carried out at least 
monthly  during  the 
three 
months  prior  to  marketing; 

or 

DK, IRL. P (Entre Douro 
e  Minho.  Trâs-os-Mon-
tes.  Beira  Litoral.  Beira 
Interior. Ribatejo e Qes-
te.AlenteJQ.Madeiraand 
Azores), UK, S. FI 

(c) immediately 

prior 

to 
marketing  the  plants  have 
to  an  ap 
been  subjected 
propriate  treatment  aimed 
at  eradicating  Bemisia  taba 
ci  Genn.  and  have  been  in 
spected  and found  free  from 
signs  of  the  living  harmful 
organism 

25.1.  Plants  of Beta vulgaris L. 

intended  for  animal  fod 
der 

Official  statement  that  the  con 
signment  of  plants  has  been 
either 

DK.  F  (Brittanv).  FI. 
IRL. P (Azores). S.  UK 

96/14/EC-Art  1 

(a) heat 

treated 

to  eliminate 
contamination  with Beet ne 
crotic  yellow  vein  virus; 

25.2.  Plants  of Beta vulgaris L. 
industrial 

intended  for 
processing 

or 

(b) processed 

to  remove  soil 
and  laterial  roots  and  to de 
vitalise  the  plants 

that 

Official 
the 
statement 
plants  are  intended  for  indus 
trial processing and delivered to 
processing  enterprises  with  ap 
propriate  controlled  waste  dis 
posal,  to  prevent  the  spread  of 
in 
B N YW  and 
such  a manner  as to ensure  that 
there  is no  risk  of  spread  of  the 
harmful  organism 

transported 

DK.  F  (Brittanv).  FI. 
IRL. P (Azores). S.  UK 

96/14/EC-Art  1 

26. 

and 
Soil 
waste  from  beet 

unsterilized 

Official  statement  that  the  soil 
or  waste  has  been  treated  to 
eliminate  contamination  with 
Beet  necrotic  yellow vein  virus 

DK.  F  (Brittany).  FI. 
IRL. P (Azores). S, UK 

96/14/EC-Art  1 

126 

Plants, plant products 
and other objects 

Special  requirements 

Protected zor.e(s) 

92/103/EEC-Art.  1 

DK.  F  (Brittany).  FI. 
IRL.  P (Azores).  S."UK 

95/4/EC-Art. 1 
-  96/14/EC-Art. 

DK.  F  (Brittanv).  FI. 
IRL.  Pf.Azores).  S.  UK 

96/14/EC-Art.  1 

27.1.  Sugar  and  fodder  beet 
seed  of  the  species  Beta 
vulgaris L. 

27.2.  Vegetable  seed  of 

the 
species  Beta  vulgaris L. 

Without  prejudice  to  the  provi 
sions  of  Directive  66/400/EEC, 
where  applicable,  official  state 
ment  that: 

(a) the  seed  of  the  caegories 
'Basic  seed"  and 
'Certified 
seed' satisfies  the  conditions 
laid down  in Annex  I (B) (3) 
of Directive  66/400/EEC;  or 

(b) in the case of 'seed  not  final 
ly certified",  the  seed: 

—  satisfies 

the  conditions 
laid  down  in  Article  15 
(2) 
Directive 
of 
66/400/EEC,  and 

—  is  intended  for  proces 
sing  that  will  satisfy  the 
conditions  laid  down  in 
Annex  IB  of  Directive 
66/400/EEC  and  deliv 
ered  to  a  processing  en 
terprise  with  officially 
approved 
controlled 
waste  disposal,  to  pre 
vent  the  spread  of  Beet 
necrotic vellow vein virus 
(BNYVV); 

(c) the  seed  has  been  produced 
from  a  crop  grown  in  an 
area  where  ^BNYVV 
is 
known  not  to  occur 

Without  prejudice  to  the  provi 
sions  of  Directive  70  458'EEC, 
where  applicable,  official  state 
ment  that: 

(a) the  processed  seed  contains 
no  more 
than  0,5  %  by 
weight  of  inert  matter,  in 
the case of pelleted seed  this 
standard  shall  be  met  prior 
to  pelleting:  or 

127 

Plants, plant products 
and other objects 

Special  requirements 

Protected zone( s ) 

92/103/EEC-Art. 1 

(b) in the case of  non-processed 

seed,  the  seed: 

95/4/EC-Art.  1 

—  shall  be officially  packed 
in  such  a  manner  as  to 
ensure  that  threrc  is  no 
of 
risk 
BNYVV,  and 

spread 

of 

—  is  intended  for  proces 
sing  that  will  satisfy  the 
conditions  laid  down  in 
(a)  and  delivered  to  a 
processing 
enterprise 
with  officially  approved 
controlled  waste  dispos 
al,  to prevent  the  spread 
of  Beet  necrotic  vellow 
vein  virus  (BNYVV); 

(c) the  seed  has been  produced 
from  a  crop  grown  in  an 
area  where  B N YW 
is 
known  not  to  occur 

92/103/EEC-Artl 
95/41/EC-Art.  1 

2S. 

Seeds  of  Gossypium  spp. 

Official  statement  that: 

EL. 

(a) the  seed  has  been  acid-de-

linted, 

and 

(b)no  symptoms  of  Glomerella 
gossypii Edgerton  have  been 
observed  at the place of pro 
duction  since  the  beginning 
of  the  last complete  cycle of 
vegetation,  and  that a repre 
sentative  sample  has  been 
tested  and  has  been  found 
free  from  Glomerella  gossy 
pii  Edgerton  in  those  tests 

28.1.  Seeds  of  Gossypium  spp. 

Official  statement  that  the  seed 
has been  acid-delinted 

EL, E  (Andalucia.  Cata 
lonia, 
Extremadura, 
Murcia,  Valencia) 

96/14/EC-Art  1 

128 

Plants, plant products 
and other objects 

29. 

Seeds  of  Mangifera  spp. 

30. 

Used  agricultural 
machinery 

Special  requirements 

Protected zone(s) 

92/103/EEC-Art.  1 

that 

Official 
the 
statement 
seeds  originate  in  areas  known 
to  be  free  from  Stemochetus 
mangifera  Fabricius 

The  machinery  shall  be  cleaned 
and  free  from  soil  and  plant de 
bris 

E.  (Granada  and Mala 
ga).  P ( Alentejo. Algarve 
and  Madeira) 

96/14/EC-Art  1 

DK.  F  (Brittanv).  FI. 
IRL. P (Azores). S. UK 

96/14/EC-Art.  1 

31. 

Fruits of Citrus L., Fortu 
nella  Swingle,  Poncirus 
Raf.,  and  their  hybrids 
originating  in  E  and  F, 
(except  Corsica) 

Without  prejudice 
quirements  applicable 
fruit  in Annex  IV  A II  (30.1): 

to  the  re 
to  the 

(a) the  fruits  shall  be  free  from 
leaves  and  peduncles  or 

EL,  F  (Corsica), I, P 

95/66/EC-Art  1 

(b)in  the  case  of  fruits  with 
leaves  or  peduncles,  official 
statement  that  the  fruits  are 
packed  in  closed  containers 
which  have  been  officially 
sealed  and 
remain 
sealed during their  transport 
through  a  protected  zone, 
recognized  for  these  fruits, 
and  shall  bear  a  distin 
guished  mark to be  reported 
on  the  passport 

shall 

96/14/EC-Art  1 

(")  (Scotland,  Northern  Ireland,  Jersey,  England:  the  following  counties:  Bedfordshire,  Berkshire, 
Buckinghamshire, Cambridgeshire,  Cleveland,  Cornwall, Cumbria, Devon, Dorset,  Durham, East 
Sussex, Essex, Greater London, Hampshire, Hertfordshire,  Huraberside, Kent, Lincolnshire, Nor 
folk,  Northamptonshire,  Northumberland,  Nottinghamshire,  Oxfordshire,  Somerset,  South York 
shire, Suffolk,  Surrey, Tyne and Wear, West Sussex, West Yorkshire, The Isle of Wight, The Isle of 
Man, The  Isles of Scilly, and  the following  parts  of  counties; Avon: that  part  of  the county which 
lies to the south of the southern boundary  of  the  M4 motorway; Cheshire: that part of  the county 
which lies to the east of the eastern boundary of  the Peak District National Park together with that 
part of  the county which lies to the north  of the  northern boundary of  the A52 (T) road  to Derby 
and  that  part  of  the county which  lies  to the  north  of  the  northern boundary of  the A6 (T) road; 
Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse 
Way Roman road; Greater  Manchester:  that part  of  the county which lies to the eastern boundary 
of  the Peak District  National Park; Leicestershire:  that part of  the county which lies to the east of 
the eastern boundary of  the  Fosse Way Roman  road  together with that part  of  the county which 
lies  to the  east of  the eastern  boundary of  the  B411A road  together  with  that part  of  the county 
which  lies to  the east  of  the  eastern  boundary  of  the  Ml  motorway,  North Yorkshire:  the whole 
county except that part of the county which comprises the district of Craven; Staffordshire:  that part 
of the county which lies to the east of the eastern boundary of the A52 (T) road; Warwickshire: that 
part  of  the  county which lies to  the  east  of  the  eastern  boundary of  the  Fosse Way Roman  road; 
Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motor 
way to the intersection of  the M4 motorway and  the  Fosse Way Roman road, and that part of the 
county which  lies  to  the  east  of  the  eastern  boundary  of  the  Fosse Way Roman  road). 

129 

ANNEX  V 

92/98/EEC-Art  1 

PLANTS,  PLANT  PRODUCTS  AND  OTHER  OBJECTS 
WHICH  MUST  BE  SUBJECT  TO  A  PLANT  HEALTH 
INSPECTION  —  AT THE PLACE  OF  PRODUCTION  IF 
ORIGINATING  IN THE COMMUNITY,  BEFORE  BEING 
MOVED  WITHIN  THE  COMMUNITY,  —  IN  THE 
COUNTRY  OF  ORIGIN  OR  THE  CONSIGNOR  COUN 
TRY,  IF  ORIGINATING  OUTSIDE  THE  COMMUNITY, 
—  BEFORE  BEING  PERMITTED  TO  ENTER  THE 
COMMUNITY 

PART  A 

Plants,  plant  products  and  other  originating  in  the  Com 
munity 

I. 

Plants,  plant  products  and  other  objects  which  are po 
tential carriers  of  harmful  organisms  of  relevance for  the 
entire  Community  and  which  must  be  accompanied  by 
a plant  passport 

1.  Plants  and  plant  products 

1.1.  Plants,  intended  for  planting  other 

than 
seeds  of  the  genera  Chaenomeles  Lindl.,  Co-
toneaster  Ehrh.,  Crataegus  L.,  Cydonia  Mill., 
Eriobotrya  Lindl.,  Malus  Mill.,  Mespilus  L., 
Prunus  L., Pyracantha  Roem.,  Pyrus  L., Sor 
bus  L., other  than  Sorbus  intermedia  (Ehrh.) 
Pers.,  and  Stranvaesia  Lindl. 

1.2.  Plants  of  Beta  vulgaris  L.  and  Humulus  lu 
pulus  L.,  intended  for  planting,  other  than 
seeds. 

1.3.  Plants  of  stolon-  or  tuber-forming  species  of 
Solanum  L.  or  their  hybrids,  intended  for 
planting. 

1.4.  Plants  of  Fortunella  Swingle,  Poncirus  Raf., 
and  their  hybrids  and  Vitis  L.,  other  than 
fruit  and  seeds. 

1.5.  Without  prejudice  to  1.6,  plants  of  Citrus L. 

and  its  hybrids  other  than  fruit  and  seeds. 

1.6.  Fruits  of  Citrus  L.,  Fortunella  Swingle,  Pon 
cirus  Raf.  and  their  hybrids  with  leaves  and 
peduncles. 

95/66/EC-Art  1 

1.7.  Wood  within  the  meaning  of  the  first  sub 

92/98/EEC-Art  1 

paragraph  of  Article  2  (2)  where  it: 

(a)  has  been  obtained 

in  whole  or  part 

from  one  of  the  following  genera: 

—  Castanea  Mill.,  excluding  wood 

which  has  been  stripped  of  bark, 

—  Platanus  L.,  including  wood  which 
has  not  kept  its  natural  round  sur 
face;  and 

130 

(b)  meets  one  of  the  following  descriptions 
laid  down  in  Annex  I  Part  II  to  Coun 
cil  Regulation  (EEC)  No  2658/87  of  23 
July  1987  on  the  tariff  and  statistical 
nomenclature  and  on 
the  Common 
Customs  Tariff  (*) 

92/98/EEC-Art  1 

CN-code 

440110 

Decription 

Fuel wood, in logs, in billands, in twigs, in 
faggots  or  in similar  forms 

440122 

Wood  in chips or  particles 

ex  4401 30 

4403 99 

ex  4404 20 

Wood  waste  and  scrap,  not  agglomer 
ated  in logs, briquettes, pellets  or simi 
lar  forms 

Wood  in  the  rough,  whether  or  not 
stripped  of bark  or  sapwood, or  roughly 
squared: 

—  Other  than treated with paint, stains, 
creosote  or  other  preservatives, 

—  other  than  coniferous,  oak  (Quercus 

spp.)  or  beech  (Fagus  spp.) 

Split  poles:  piles,  pickets  and  stakes  of 
wood, painted  but  not  sawn  lengthwise: 

—  non-coniferous 

4406 10 

Railway or  tramway  sleepers  (crossti.es) 
of wood: 

ex  4407 99 

—  not  impregnated 

Wood  sawn  or  chipped  lengthwise, 
sliced  or peeled,  not  planed,  sanded  or 
finger-jointed,  of  a  thickness  exceeding 
6  mm,  in  particular  b e a m s,  planks, 
flitches,  boards,  laths: 

—  other 

than 

coniferous, 

tropical 
woods,  oak  (Quercus  spp.)  or  beech 
(Fagus spp.). 

1.8.  isolated  bark  of  Castanea  Mill. 

(!)  OJ No L 256, 7. 9. 1987, p. 1. Regulation as last amended by 
Commission Regulation (EC) No 2588/95 (OJ No L 264,7.11. 
1995, p. 4). 

131 

92/98/EEC-Art  1 

Plants,  plant  products  and  other  objects  produ 
ced  by  producers  whose  production  and  sale  is 
authorized  to  persons  professionally  engaged  in 
plant  production,  other  than  those  plants,  plant 
products  and  other  objects  which  are  prepared 
and  ready  for  sale  to  the  final  consumer,  and  for 
which  it  is ensured  by the  responsible  official  bo 
dies  of  the  Member  States,  that  the  production 
thereof  is  clearly  separate  from 
that  of  other 
products. 

2.1.  Plants 

intended 

for  planting  other 

than 
seeds  of  the  genera  Abies  Mill., Apium  gra-
veolens  L.,  Argyranthemum  spp.,  Aster  spp., 
Brassica  spp.,  Castanea  Mill.,  Cucumis  spp., 
Dendranthema 
(DC)  Des  Moul.,  Dianthus 
L.  and  hybrids  Exacum  spp.,  Fragaria  L., 
Gerbera  Cass.,  Gypsophila  L.,  all  varieties  of 
New  Guinea  hybrids  of  Impatiens  L.,  Lactu-
ca  spp.,  Larix  Mill.,  Leucanthemum  L.,  Lu-
pinus  L.,  Palargonium  l'Herit  ex  Ait,  Picea 
A.  Dietr.,  Pinus  L.,  Platanus  L.,  Populus  L., 
Pseudotsuga  Carr.,  Quercus  L.,  Rubus  L., 
Spinacia  L.,  Tanacetum  L.,  Tsuga  Carr.  and 
Verbena  L. 

2.2.  Plants  of  Solanaceae,  other  than  those  re 
ferred  to  in  item  1.3  intended  for  planting, 
other  than  seeds. 

2.3.  Plants  of  Araceae,  Marantaceae,  Musaceae, 
Persea spp.  and  Strelitziaceae,  rooted  or  with 
growing  medium  attached  or  associated 

(adapted) 

93/110/EC-Art  1 

92/98/EEC-Art  1 

93/110/EC-Art  1 

2.4.  Seeds  and  bulbs  of  Allium  ascalonicum  L., 
Allium  cepa  L.  and  Allium 
schoenoprasum 
L.  intended  for  planting  and  plants  of  Al 
lium  porrum  L.  intended  for  planting. 

to  persons  professionally  engaged 

Bulbs  and  corms  intended  for  planting,  produced 
by  producers  whose  production  and  sale  is  au 
thorized 
in 
plant  production,  other  than  those  plants,  plant 
products  and  other  objects  which  are  prepared 
and  ready  for  sale  to  the  final  consumer,  and  for 
which  it  is  ensured  by the  responsible  official  bo 
dies  of  the  Member  States,  that  the  production 
thereof  is  clearly  separate  from  that  of  other 
products  of  Camassia  Lindl.,  Chionodoxa  Boiss., 
Crocus flavus  Weston  'Golden  Yellow',  Galanthus 
L.,  Galtonia  candicans  (Baker)  Decne,  Miniature 
cultivars  and  their  hybrids  of  the  genus  Gladiolus 
Tourn.  ex  L..  such  as  Gladiolus  callianthus  Ma 
rais.  Gladiolus  colvillei  Sweet.  Gladiolus  nanus 
hort..  Gladiolus  ramosus  hort.  and  Gladiolus  tu-
bergenii hort..  Hyacinthus  L., Iris  L., Ismene  Her 
bert,  Muscari  Miller.,  Narcissus  L.,  Omithogalum 
L.,  Puschkinia  Adams,  Scilla  L.,  Tigridia  Juss., 
and  Tulipa  L. 

132 

92/98/EEC-Art.  1 

II.  Plants,  plant  products  and  other  objects  which  are  po 
tential  carriers  of  harmful  organisms  of  relevance  for 
certain  protected  zones,  and  which  must  be  accompa 
nied  by  a plant  passport  valid for  the  appropriate  zone 
when  introduced  into  or moved  within  that  zone 

Without  prejudice  to  the  plants,  plant  products  and 
other  objects  listed  in  Part  I. 

1. 

Plants,  plant  products  and  other  objects. 

1.1.  Plants  of Abies  Mill.. Larix  Mill..  Picea  A.  Dietr.. 

96/14/EC-Art. 1 

Pinus  L..  and  Pseudotsuga  Carr. 

1.2.  Plants  intended  for  planting,  other  than  seed,  of 

92/98/EEC-Art  1 

Populus  L.  and  Beta  vulgaris L. 

13.  Plants,  other 

than  fruit  and  seeds,  of  Chae-
nomeles  Lindl.,  Cotoneaster  Ehrh.,  Crataegus  L., 
Cydonia  Mill.,  Eriobotiya  Lindl.,  Eucalyptus 
LHerit,  Malus  Mill.,  Mespilus  L.,  Pyracantha 
Roem.,  Pyrus  L., Sorbus  L.,  other  than  Sorbus  in 
termedia  (Ehrh.)  Pers.  and  Stranvaesia  Lindl. 

1.4.  Live  pollen 

for  pollination  of  Chaenomeles 
Lindl.,  Cotoneaster  Ehrh.,  Crataegus  L.,  Cydonia 
Mill.,  Eriobotrya  Lindl.,  Malus  Mill.,  Mespilus  L., 
Pyracantha  Roem., Pyrus L., Sorbus  L_ other  than 
Sorbus  intermedia  (Ehrh.)  Pers.  and  Stranvaesia 
Lindl. 

1.5.  Tubers  of  Solanum 

tuberosum  L.,  intended  for 

planting. 

1.6.  Plants  of  Beta  vulgaris  L.,  intended  for  animal 

fodder  or  for  industrial  processing. 

1.7.  Soil  and  unsterilized  waste  from  beet  (Beta  vul 

garis  L.) 

1.8.  Seeds  of  Beta  vulgaris  L.,  Dolichos  Jacq.,  Gossy 

pium  spp.  and  Phaseolus  vulgaris  L. 

1.9.  Fruits  (bolls)  of  Gossypium  spp.  and  unginned 

96/14/EC-Art  1 

CQilQJi 

1.10. Wood  within  the  meaning  of  the  first  subpara 

graph  of  Article  2  (2), where  it 

(a)  has  been  obtained  in  whole  or  part  from 
conifers  (Coniferales),  excluding wood  which 
has  been  stripped  of  bark 

93/110/EC-Art  1 

and 

92/98/EEC-Art  1 

(b)  meets  one  of  the  following  description  laid 
to  Regulation 

down  in  Annex  I  Part  II 
(EEC)  No  2658/87. 

133 

NC-code 

4401 10 

Description 

92/98/EEC-Art  1 

Fuel wood, in logs, in billets, in twigs, in 
faggots  or in similar  forms 

4401 21 

Wood  in chips or  particles 

ex  4401 30 

4403 20 

ex  4404 10 

Wood waste and scrap, not agglomerated 
in  logs,  briquettes,  pellets  or  similar 
forms 

Wood  in  the  rough,  whether  or  not 
stripped  of bark or sapwood, or  roughly 
squared: 

—  other  than  treated  with  paint,  stains 
creosote  or  other  preservatives 

Split  poles:  piles  pickets  and  stakes  of 
wood, pointed  but  not  sawn  lenghtwise 

4406 10 

Railway or tramway sleepers (cross-ties): 

ex  4407  10 

—  not  impregnated 

Wood sawn or chipped  lengthwise  sliced 
or  peeles, not  planed, sanded  or  finger-
jointed of a thickness exceeding 6 mm (in 
particular,  beams,  planks, 
flitches, 
boards, laths) 

ex  4415  10 

Packing cases, crates,  drums 

ex  4415 20 

Pallets, box pallets and other load boards 

—  other  than  pallets  and  box  pallets 
where  they  satisfy  the  standard  set 
up for  'UIC-Pallets'  and  are  marked 
accordingly 

2. 

1.11. Isolated  bark  of  conifers  (Conifcrsalcs). 

Plants,  plant  products  and  other  objects  produ 
ced  by  producers  whose  production  and  sale  is 
authorized  to  persons  professionally  engaged  in 
plant  production,  other  than  those  plants,  plant 
products  and  other  objects  which  are  prepared 
and  ready  for  sale  to  the  final  consumer,  and  for 
which  it  is ensured  by the  responsible  official  bo 
dies  of  the  Member  States,  that  the  production 
thereof  is  clearly  separate  from 
that  of  other 
products. 

2.1.  Plants  of Begonia  L.  and  Euphorbia  pulcher-
rima  Willd.,  intended  for  planting,  other 
than  seeds. 

96/14/EC-Art.  1 
(adapted) 

134 

PART  B 

92/98/EEC-Art  1 

Plants,  plant  products  and  other  objects  originating  in 
territories,  other  than  those  territories  referred  to  in  part 
A 

I. 

Plants,  plant  products  and  other  objects  which  are  po 
tential  carriers  of  harmful  organisms  of  relevance for  the 
entire  Community 

96^78/EC 

1. 

Plants,  intended  for  planting,  other  than  seeds  or 
aquarium  plants,  but  including  seeds  of  Crucife-
rae  Gramineae,  Trifolium  spp.  originating  in  Ar 
gentina,  Australia,  Bolivia,  Chile,  New-Zealand 
and  Uruguay,  genera  Triticum.  Secale  and  X Triti 
cosecale  from  Afghanistan.  India.  Iraq.  Mexico-
Nepal.  Pakistan  and  the  USA.  Capsicum  spp. He-
lianthus  annuus  L.,  Lycopersicon 
lycopersicum 
(L.)  Karsten  ex  Farw., Medicago  sativa  L.,  Prunus 
L.,  Rubus  L.,  Oryza  spp.,  Zea  mais  L.,  Allium 
cepa  L., Allium  porrum  L., Allium 
schoenoprasum 
L.,  and  Phaseolus  L. 

2. 

Parts  of  plants,  other  than  fruits  and  seeds  of: 

—  Castanea  Mill.,  Dendranthema 

(DC)  Des. 
Moul.,  Dianthus  L.,  Pelargonium  l'Herit  ex 
Ait  Phoenix  spp., Populus  L.,  Quercus  L., 

— 

conifers  (Coniferales), 

—  Acer  saccharum  Marsh.,  originating  in  North 

American  countries, 

—  Prunus  L.,  originating 

in  non-European 

countries. 

3. 

Fruits  of: 

—  Citrus  L.,  Fortunella  Swingle,  Ponciros  Raf., 

and  their  hybrids, 

—  Annona  L.,  Cydonia  Mill.,  Diospyros  L., 
Malus  Mill., Mangifera  L., Passiflora  L., Pru 
nus  L.,  Psidium  L.,  Pyrus  L.,  Ribes  I_,  Syzy-
gium  Gaertn.,  and  Vaccinium  L~,  originating 
in  non-European  countries. 

4.  Tubers  of  Solanum  tuberosum  L. 

5. 

Isolated  bark  of: 

— 

conifers  (Coniferales), 

—  Acer  saccharum  Marsh.,  Castanea  Mill., Po 
pulus  L.,  and  Quercus  L.  other  than  Quercus 
suber  L. 

6.  Wood  within  the  meaning  of  the  first  subpara 

graph  of  Article  2  (2),  where  it: 

(a)  has  been  obtained  in  whole  or  part  from 
one  of  the  order,  genera  or  species  as  de 
scribed  hereafter. 

—  Castanea  Mill., 

—  Castanea  Mill.,  Quercus  L.,  including 
wood  which  has  not  kept  its  natural 
round  surface,  originating 
in  North 
American  countries, 

135 

—  Platanus  L.,  including  wood  which  has 
not  kept  its  natural  round  surface, 

92/98/EEC-Art  1 
(adapted) 

—  Conifers  (Coniferales),  other  than  Pi 
in  non-European 
including  wood  which  has 

nus  L.,  originating 
countries, 
not  kept  its  natural  round  surface, 

—  Pinus  L.,  including  wood  which  has  not 

kept  its  natural  round  surface, 

—  Populus  L.,  originating  in  countries  of 

the  American  continent 

—  Acer  saccharum  Marsh.,  including  wood 
which  has  not  kept  its  natural  surface, 
originating  in  North  American  coun 
tries, 

and 

(b)  meets. one  of  the  following  description  laid 
down  in  Annex  I  Part  II  to  Regulation 
(EEC)  No  2658/87. 

CN-code 

440110 

Description 

Fuel wood, in logs, in billets, in twigs, in 
faggots  or in similar  forms 

ex  4401 21 

Wood  in chips or  particles 

—  coniferous  originating  in  non-Euro 

pean  countries 

4401 22 

Wood  in chips or  particles 

—  non-coniferous 

ex  4401 30 

ex  4403 20 

4403 91 

Wood  waste  and  scrap,  not  agglomera 
ted  in logs, briquettes, pellets, or similar 
forms 

Wood in the rough, whether or not strip 
ped of bark of sapwood  or roughly squa 
red 

—  other  than  treated with paint, stains, 
creosote or other preservatives, coni 
ferous  originating  in  non-European 
countries 

Wood in the rough, whether or not strip 
ped or bark of sapwood or roughly squa 
red: 

—  other  than  treated  with paint, stains, 
creosote  or  other  preservatives 

—  oak  (Quercus  spp.) 

136 

92/98/EEC-Art 1 

CN-code 

4403 99 

ex 4404 10 

ex 4404 20 

440610 

ex 4407 10 

ex 4407 91 

ex 4407 99 

ex 4415 10 

Description 

Wood in the rough, whether or not strip 
ped  of  bark  or  sapwood,  or  roughly 
squared 
— other than treated with paint, stains, 
creosote  or  other  preservatives, 
—  other  than  coniferous,  of  oak 

(Quercus spp.) or of beech (Fagus 
spp.) 

Split poles: piles, pickets  and stakes of 
wood, pointed but not sawn lengthwise 
— coniferous, originating in non-Euro 

pean  countries 

Split poles: piles, pickets  and stakes of 
wood, pointed but not sawn lengthwise 
—  non-coniferous 

Railway or tramway sleepers (cross-ties) 
of wood 
—  not  impregnated 

Wood  sawn  or  chipped  lengthwise, sli 
ced or peeled, not planed, sanded or fin 
ger-jointed,  of  a  thickness  exceeding 6 
mm,  in  particular  beams,  planks,  flit 
ches, boards, laths 
— coniferous  in  non-European  coun 

tries 

Wood  sawn  or  chipped  lengthwise, sli 
ced or peeled, not planed, sanded or fin 
ger-jointed,  of  a  thickness  exceeding 6 
mm,  in  particular  beams,  planks,  flit 
ches, boards, laths 
— oak  (Quercus  spp.) 

Wood  sawn  or  chipped  lengthwise, sli 
ced or peeled, not planed, sanded or fin 
ger-jointed,  of  a  thickness  exceeding 6 
mm,  in  particular  beams,  planks,  flit 
ches, boards, laths 
— other  than  coniferous,  of  tropical 
woods,  of  oak  (Quercus spp.)  or  of 
beech  (Fagus  spp.) 

Packing cases, crates and drums of wood 
originating in non-European  countries 

137 

CN-code 

ex  4415 20 

Description 

92/98/EEC-Art  1 

Pallets,  box  pallets  and  other 
load 
boards,  of wood  originating  in  non-Eu 
ropean  countries 

ex  4416 00 

Barrels of wood, including staves, of oak 
(Quercus  spp.) 

Pallets  and  box  pallets  (CN  code  ex  4415 
20)  are  also  exempted  where  they  satisfy  the 
standard  set  up  for  'UlC-Pallets'  and  are 
marked  accordingly. 

7. 

(a)  Soil  and  growing  medium  as  such,  which 
consists  in  whole  or  in  part  of  soil  or  solid 
organic  substances  such  as  part  of  plants, 
humus  including  peat  or  bark,  other  than 
that  composed  entirely  of  peat. 

(b)  Soil  and  growing  medium,  attached  to  or 
associated  with  plants,  consisting  in  whole 
or  in  part  of  material  specified  in  (a)  or 
consisting  in  whole  or  in  part  of  peat  or  of 
any  solid  inorganic  substance  intended 
to 
sustain  the  vitality  of  the  plants,  originating 
in  Turkey,  Belorus,  Estonia,  Latvia,  Lithua 
nia,  Moldova,  Russia,  Ukraine,  and  in  non-
European  oountries  other 
than  Cyprus, 
Egypt  Israel,  Libya,  Malta,  Morocco  and 
Tunisia. 

8.  Grain  of  the  genera  Triticum,  Secale  and  X  Triti 
cosecale  originating  in  Afghanistan,  India,  Iraq, 
Mexico,  Nepal,  Pakistan  and  the  USA. 

96/78/EC 

II.  Plants,  plant  products  and  other  objects  which  are  po 
tential  carriers of  harmful  organisms  of  relevance  for 
certain protected  zones 

92/98/EEC  -  Art  1 

Without  prejudice  to  the  plants,  plant  products  and 
other  objects  listed  in  I. 

1.  Plants  of  Beta  vulgaris  L.  intended  for  animal 

fodder  or  for  industrial  processing. 

2. 

Soil  and  unsterilized  waste  from  beet  (Beta  vul 
garis  L.). 

3.  Live  pollen 

for  pollination  of  Chaenomeles 
Lindl.,  Cotoneaster  Ehrh.,  Crataegus  L.,  Cydonia 
Mill.,  Eriobotrya  Lindl.,  Malus  Mill.,  Mespilus  L., 
Pyracantha  Roem.,  Fyrus  L.,  Sorbus  L.,  other 
than  Sorbus  intermedia  (Ehrh.)  Pers.,  and  Stran 
vaesia  Lindl., 

138 

4. 

5. 

6. 

Parts  of  plants,  other  than  fruits  and  seeds  of 
Chaenomeles  Lindl.,  Cotoneaster  Ehrh.,  Crataegus 
L.,  Cydonia  Mill.,  Eriobotrya  Lindl.,  Malus  Mill., 
Mespilus  L.,  Pyracantha  Roem.,  Pyrus  L.,  Sorbus 
L.  other  than  Sorbus  intermedia 
(Ehrh.)  Pers., 
and  Stranvaesia  Lindl. 

96/14/EC-Art.  1 

Seeds  of Dolichos  Jacq.,  Mangifera  spp., Beta  vul 
garis  L.  and  Phaseolus  vulgaris  L. 

(adapted) 

Seeds  and  fruits  (bolls)  of  Gossypium  spp.,  and 
unginned  cotton 

7.  Wood  within 

the  meaning  of 

the  first  sub 

92/98/EC-Art  1 

paragraph  of  Artide  2  (2),  where  it 

(a)  has  been  obtained  in whole  or  part  from  co 
nifers  (Coniferales),  other 
than  Pinus  L., 
originating  in  European  third  countries,  and 

(b)  meets  one  of  the  following  descriptions  laid 
to  Regulation 

down  in  Annex  I  Part  II 
(EEC)  No  2658/87. 

CN-code 

440110 

Description 

Fuel wood, in logs, in billets, in twigs, in 
faggots  or in similar  forms 

440121 

Wood  in chips or  particles 

ex  4401 30 

4403  20 

ex 4404 10 

4406 10 

ex 4407 10 

Wood  waste  and  scrap,  not  agglomer 
ated in logs, briquettes, pellets or similar 
forms 

Wood  in  the  rough,  whether  or  not 
stripped  of bark  or sapwood,  or  roughly 
squared: 

—  Other than treated with paint  stains, 
creosote  or  other  preservatives 

Split  poles:  piles,  pickets  and  stakes  of 
wood, pointed  but  not  sawn  lengthwise: 

Railway  or  tramway  sleepers  (cross-
ties): 
—  Not  impregnated 

lengthwise, 
Wood  sawn  or  chipped 
sliced  or peeled,  not  planed,  sanded  or 
finger-jointed,  of  a  thickness  exceeding 
6  mm,  in  particular  beams,  planks, 
flitches, boards,  laths 

4415 10 

Packing cases, crates  and  drums 

4415 20 

Pallets,  box  pallets  and  other 
boards 

load 

139 

Pallets and box pallets  (CN  code  ex 4415 20) are 
also  exempted  where  they  satisfy  the  standards 
set  up  for  'UlC-Pallets'  and  are  marked  accor 
dingly. 

92/98/EC-Art. 1 

8.  Parts of  plants  of  Eucalyptus  LHérit. 

96/14/EC-Art. 1 

140 

ANNEX  VI 

77/93/EEC 

Annex VII 

Plants  and plant  products  to which  special  arrangements 
may be applied 

1.  Cereals  and  their  derivatives. 

2.  Dried  leguminous  plants. 

3.  Manioc  tubers  and  their  derivatives. 

4.  Residues  from  the production  of  vegetable  oils. 

141 

ANNEX  VII 

87/298/EEC-Art 1 

Annex VI1 

MODEL CERTIFICATES 

The  following  model  certificates  are  determined  with  re 
gard  to. 

— 

the  text 

— 

the  format, 

— 

the  layout  and  the  dimensions  of  the  boxes, 

— 

the  colour  of  the  paper  and  the  colour  of  the  print 
ing. 

A. Model  Phytosanitary  Certificate 

142 

1  Name and address of exporter 

2 

3  Declared  name and address of consignee • 

4  Plant Protection Organization of 

PHYTOSANITARY CERTIFICATE 
No EEC  /  / 

to plant Protection Organization(s) of 

5  Place of origin 

6  Declared means of conveyance 

7  Declared point of entry 

8  Distinguishing marks: number and description of packages; name of produce; 

botanical name of plants 

9  Quantity declared 

10  This is to certify  that the plants or plant products described above 

—  have been inspected according to appropriate procedures, and 
—  are considered to be free from quarantine pests, and practically free  from other injurious pests, and 
—  are considered to conform with the current phytosanitary regulations of the importing country 

11  Additional declaration 

DISINFESTATION AND/OR DISLNFECTION TREATMENT 

Place of issue 

12  Treatment 

Date 

13  Chemical (active ingredient) 

14  Duration and  temperature 

Name and signature of 
authorized  officer 

Stamp of Organization 

15  Concentration 

16  Date 

17  Additional  information 

143 

B.  Model  Reforwarding  Phytosanitary  Certificate 

1  Name and address of exporter 

z 

REFORWARDING 
PHYTOSANITARY CERTIFICATE 
No EEC  /  / 

3  Declared name and address of consignee 

4  Plant Protection Organization of 

to plant Protection Organization(s) of 

5  Place of origin 

6  Declared means of conveyance 

7  Declared point of entry 

8  Distinguishing marks; number and description of packages; name of produce; 

botanical  name of plants 

9  Quantity declared 

10  This is to certify 

—  that the plants or plant products described above were imported into 

(country of re-export) 

from 
(*)  Q  original 

—  that they are 

(*)  Q  packed 
—  that based on the 

(country of origin) covered by Phytosanitary Certificate No 

Q  certified  true copy of which is attached to this Certificate, 

Q  repacked in 

Q  original 

Q  new containers 

•  original Phytosanitary Certificate  and 

(*) 
ry regulation of the importing country, and 
that during storage in 

— 

Q  additional inspection, they are considered to conform with the current phytosanita 

(country of re-export) the consignment has not been subjected  to the risk of infestation or  infection. 

(*)  Insert tick in appropriate boxes 

11  Additional declaration 

DISINFESTATION AND/OR DISINFECTION TREATMENT 

Place of issue 

12  Treatment 

Date 

13  Chemical (active ingredient) 

14  Duration and temperature 

Name and signature of 
authorized  officer 

Stamp of Organization 

15  Concentration 

16  Date 

17  Additional  information 

144 

C. Explanatory  notes 

87/298/EEC-Art. 1 

1.  Re box  2: 

The  reference  number  on  the  certificates  shall  be  com 
posed  of: 

— 

'EEC, 

—  Member  State  initial(s), 

— 

Identification  mark for  the  individual  certificate,  con 
sisting  of  numbers  or  a  combination  of  letters  and 
numbers,  the  letters  representing  the  province,  dis 
trict, etc. of  the  Member  State  concerned,  where  the 
certificate  is  issued. 

c 

2.  Re unnumbered box: 

This box is reserved  for  official  use  only. 

3.  Re box 8: 

'Description  of packages' means indication  of  the type 
of  packages. 

4.  Re box 9: 

The  quantity  shall  be  expressed  either  by  number  or 
weight. 

5.  Re box  11: 

If  there  is  insufficient  space  for  the  whole  of  the 
additional  declaration,  the  text shall  be  continued  on 
the  back of  the  form. 

145 

ANNEX  VIII 

Part  A 

Repealed  Directive  and  successive 
amendments 
(referred  to  by  Article  27) 

Council  Directive  77/93/EEC 

with  the  exception  of Article  19 

Council  Directive  80/392/EEC 

Council  Directive  80/393/EEC 

Council  Directive  81/7/EEC 

Council  Directive  84/378/EEC 

Council  Directive  85/173/EEC 

Council  Directive  85/574/EEC 

Commission  Directive  86/545/EEC 

Commission  Directive  86/546/EEC 

Commission  Directive  86/547/EEC 

Council  Directive  86/651/EEC 

Council  Directive  87/298/EEC 

Commission  Directive  88/271/EEC 

Commission  Directive  88/272/EEC 

Commission  Directive  88/430/EEC 

Council  Directive  88/572/EEC 

Council  Directive  89/359/EEC 

Council  Directive  89/439/EEC 

Council  Directive  90/168/EEC 

Commission  Directive  90/490/EEC 

Commission  Directive  90/506/EEC 

Council  Directive  90/654/EEC 

Commission  Directive  91/27/EEC 

Council  Directive  91/683/EEC 

Commission  Directive  92/10/EEC 

Council  Directive  92/98/EEC 

Commission  Directive  92/103/EEC 

Council  Directive  93/19/EEC 

Commission  Directive  93/110/EEC 

Council  Directive  94/13/EEC 

Commission  Directive  95/4/EEC 

Commission  Directive  95/41/EEC 

Commission  Directive  95/66/EEC 

Commission  Directive  96/14/EEC 

Commission  Directive  96/78/EC 

Council  Directive  97/3/EC 

Commission  Directive  97/14/EC 

only with  regard  to Annex I point 2 

146 

P a r tB 

Deadlines  for  transposition  and/or  application 

(referred  to by Article  22) 

Directive 

Deadline  for  transposition 

Deadline  for  application 

77/93/EEC (OJ  No L 26, 31. 1. 1977, p. 20) 

80/392/EEC (OJ  No L  100, 17. 4.1980,  p. 32) 
80/393/EEC (OJ  No L 100, 17. 4.1980, p. 35) 

81/7/EEC (OJ  No L 14,16.1.1981, p. 32) 

84/378/EEC (OJ  No L 207, 2. 8. 1984, p. 1) 
85/173/EEC (OJ  No L 65, 6. 3. 1985, p. 23) 
85/574/EEC (OJ  No L 372, 31.12.1985, p. 25) 
86/545/EEC (OJ  No L 323,18.11.1986, p. 14) 
86/546/EEC (OJ  No L 323, 18.11.1986, p.  16) 
86/547/EEC (OJ  No L 323, 18.11.1986, p. 21) 
86/651/EEC (OJ  No L 382, 31. 12.1986, p.  13) 
87/298/EEC (OJ  No L  151, 11. 6.1987, p. 1) 
88/271/EEC (OJ  No L  116, 4. 5.1988, p. 13) 
88/272/EEC (OJ  No L 116, 4. 5.1988, p. 19) 
88/430/EEC (OJ  No L 208, 2. 8.  1988, p. 36) 
88/572/EEC (OJ  No L 313, 19.11.1988, p. 39) 
89/359/EEC (OJ  No L  153, 16. 6.1989, p. 28) 
89/439/EEC (OJ  No L 212, 22. 7.1988, p. 106) 
90/168/EEC (OJ No L 92, 7. 4. 1990, p. 49) 
90/490/EEC (OJ  No L 271, 3. 10.1990, p. 28) 
90/506/EEC (OJ No L 182, 13.10.1990, p. 67) 
90/654/EEC (OJ  No L 353, 17.12.1990, p. 48) 
91/27/EEC (OJ  No L 16, 22. 1. 1991, p. 29) 
91/683/EEC (OJ  No L 376, 31.12.1991, p. 29) 
92/10/EEC (OJ  No L 70,17. 3. 1992, p. 27) 
92/98/EEC (OJ  No L 352,1  12.1992, p. 1) 
92/103/EEC (OJ  No L 363,11.12.1992, p. 1) 
93/19/EEC (OJ  No L 96, 22. 4. 1993, p. 33) 
93/110/EC (OJ  No L 303, 10.12.1993, p. 19) 
94/13/EC (OJ  No L 92, 9. 4. 1994, p. 27) 

23.  12.1980 (Art  11(3))  (l)(2)(3) 
(4) 
1. 5.1980  (other  provisions)(1)(2) 
(3)(4) 
1.  5.1980 
1.1.1983 (Art.  4(11)) 
1. 5. 1980 (other  provisions) 
1.  1. 1981 (Art  1 (1)) 
1.1.1983 (Art. 1, (2) (a), (3) (a) and 

(b),  4 (a)  and  (b)) 

1.  1.1983 (5) (other  provisions) 
1. 7.1985 
1.1.1983 
1. 1.1987 
1.1.1987 

1. 3.1987 
1. 7. 1987 
1. 1.1989 (6) 

1. 1. 1989 
1. 1. 1989 

1.1.  1990 
1.1.1991 
1.1.  1991 
1.  1.1991 

1. 4.  1991 
1. 6.  1993 
30.  6.  1992 
16. 5.  1993 
16.  5.1993 
1. 6.  1993 
15.  12. 1993 
1.  1. 1995 

applicable  until  31.12.  1989 

applicable  until  31.12.  19S9 

(*) 

(2) 
(3) 
(4) 

(5) 
(6) 

In accordance with the procedure laid down in Article  19, Member States may be authorised, on request, to comply 
with certain of the provisions of this Directive by a date later than 1.5.1980, but not later than 1 January 1981. 
For Greece: 1 January 1985 (Art. 11 (3)) and 1 March 1985 (other provisions). 
For Spain and Portugal: 1 March 1987. 
Within the limits of the traditional U-ade flows and in response  to the production needs of undertakings in the former 
German  Democratic Republic, Germany was authorized,  at  its own request  and  in accordance with the procedure 
laid down in Article  18, to comply with Article 4 (1), Article 5 (1) and the relevant provisions of Article 13 in respect 
of  the  territory of the former  German Democratic Republic at a date later  than  1 May 1980, but not later  than 31 
December 1992. 
At the request of the protected Member States. 
31.  3.  1989 with  regard  to  the obligations  of  Article  1 (3)  (a)  (plants  of Juniperus),  in accordance with  Directive 
89/83/EEC, amending Directive 88/271/EEC. 

147 

Directive 

Deadline for transposition 

Deadline for application 

95/4/EC (OJ No L 44,  28. 2.1995, p. 56) 
95/41/EC (OJ No L 182, 2.8.1995, p. 17) 
95/66/EC (OJ No L 308,  21.12.1995, p. 77) 
96/14/EC (OJ No L 68,19. 3.1996, p. 24) 
96^78/EC (OJ No L 321,12.12.1996, p. 20) 
97/3/EC (OJ No L 27,30.1.1997, p. 30) 
97/14/EC (OJ No L 87,2. 4.1997, p. 17) 

1. 4.1995 
1. 7.1995 
1. 1. 1996 
1. 4.1996 
1.1.1997 
1. 4. 1998 
1. 5.1997 

148 

ANNEX  IX 

CORRELATION TABLE 

Directive  77/93/EEC 

This  Directive 

Article  1 (1) 
Article  1 (2) 
Article  1 (3) 
Article  1 (3a) 
Article  1 (4) 
Article  1 (5) 
Article  1 (6) 
Article  1 (7) 
Article  1 (8) 
Article  2 (1)  (a) 
Article  2 (1)  (b) 
Article  2 (1)  (c) 
Article  2 (1)  (d) 
Article  2 (1)  (e) 
Article  2 (1)  (f) 
Article  2 (1)  (g)  (a) 
Article  2 (1)  (g) (b) 
Article  2 (1)  (h) 
Article  2 (1)  (i) 
Article  2 (2) 
Article  3 (1) 
Article  3 (2) 
Article  3 (3) 
Article  3 (4) 
Article  3 (5) 
Article  3 (6) 
Article  3 (7)  (a) 
Article  3 (7)  (a) 
Article  3 (7)  (b) 
Article  3  (7)  (c) 
Article  3 (7)  (d) 
Article  3 (7)  (e) 
Article  3 (7)  (f) 
Article  4 (1) 
Article  4 (2)  (a) 
Article  4 (2)  (b) 
Article  4 (3) 
Article  4 (4) 
Article  4 (5) 

Article  1 (1)  first  subparagraph 
Article  1 (3) 
Article  1 (1)  second  subparagraph,  point  (b) 
Article  1 (1)  second  subparagraph,  point  (c) 
Article  1 (2) 
Article  1 (1)  second  subparagraph,  point  (a) 
Article  1 (4) 
Article  1 (5) 
Article  1 (6) 
Article  2  (1)  (a) 
Article  2  (1)  (b) 
Article  2  (1)  (c) 
Article  2  (1)  (d) 
Article  2  (1)  (e) 
Article  2  (1)  (f) 
Article  2  (1)  (g)  (i) 
Article  2  (1)  (g)  (ii) 
Article  2  (1)  (h) 
Article  2  (1)  (i) 
Article  2 (2) 
Article  3  (1) 
Article  3  (2) 
Article  3  (3) 
Article  3  (4) 
Article  3  (5) 
Article  3 (6) 
Article  3  (7)  first  subparagraph 
Article  3  (7) first  subparagraph  point  (a) 
Article  3  (7) first  subparagraph  point  (b) 
Article  3  (7) first  subparagraph  point  (c) 
Article  3  (7)  second  subparagraph 
Article  3  (7)  third  subparagraph 
Article  3  (7) fourth  subparagraph 
Article  4  (1) 
Article  4  (2) 

Article  4  (3) 
Article  4  (4) 
Article  4  (5) 

149 

Directive  77/93/EEC 

This  Directive 

Article  4 

(6)  (a) 

Article  4 

(6)  (b) 

Article  4 

(6)  (c) 

Article  5 

(1) 

Article  5 

(2) 

Article  5 

(3) 

Article  5 

(4) 

Article  5 

(5) 

Article  5 

(6)  (a) 

Article  5 

(6)  (b) 

Article  5 

(6)  (c) 

Article  6 

Article  6 

Article  6 

Article  6 

Article  6 

Article  6 

Article  6 

Article  6 

Article  6 

Article  6 

Article  7 

(1) 
(la) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 
(1)  first  subparagraph 

Article  7 

(1)  second  subparagraph 

Article  7 

(1)  third  subparagraph 

Article  7 

(2) 

Article  7 

(3) 

Article  8 

(1) 

Article  8 

Article  8 

Article  8 

(2)  first  subparagraph 

(2)  second  subparagraph 

(2)  third  subparagraph 

Article  8 

(3) 

Article  9 

Article  10  (1) 

Article  10  (2)  ( a) 

Article  10  (2)  ( b) 

Article  10  (2)  ( c) 

Article  10  (3) 

Article  10  (4) 

Article  10  (5) 

Article  10 a 

Article  11  (1) 

Article  11  (2) 

Article  4  (6)  first  subparagraph 

Article  4  (6)  second  subparagraph 

Article  4  (6)  third  subparagraph 

Article  5  (1) 

Article  5  (2) 

Article  5  (3) 

Article  5  (4) 

Article  5  (5) 

Article  5  (6)  first  subparagraph 

Article  5  (6)  second  subparagraph 

Article  5  (6)  third  subparagraph 

Article  6  (1) 

Article  6  (2) 

Article  6  (3) 

Article  6  (4) 

Article  6  (5) 

Article  6  (6) 

Article  6  (7) 

Article  6  (8) 

Article  6  (9) 

Article  7  (1)  first  subparagraph 

Article  7  (1)  second  subparagraph 

Article  7  (2) 

Article  7  (3) 

Article  8  (1) 

Article  8  (2)  first  subparagraph 

Article  8  (2)  second  subparagraph 

Article  8  (3) 

Article  9 

Article  10  (1) 

Article  10  (2)  first  subparagraph 

Article  10  (2)  second  subparagraph 

Article  10  (2)  third  subparagraph 

Article  10  (3) 

Article  10  (4) 

Article  11 

Article  12  (1) 

150 

Directive  77/93/EEC 

This  Directive 

Article  11  (3) 

Article  11  (3 a) 

Article  11  (4) 

Article  11  (5) 

Article  11  (6) 

Article  11  (7) 

Article  11  (8) 

Article  11  (9) 

Article  11  (10) 

Article  12  (1) 

Article  12  (2) 

Article  12  (3) 

Article  12  (3  a) 

Article  12  (3 b) 

Article  12  (3 c) 

Article  12  (3d)  (i) 

Article  12  (3d)  (ii) 

Article  12  (3d)  (iii) 

Article  12  (4) 

Article  12  (5) 

Article  12  (6) 

Article  12  (6  a) 

Article  12  (7) 

Article  12  (8) 

Article 

12(2) 

Article 

12(3) 

Article 

12(4) 

Article 

12(5) 

Article 

12(6) 

Article 

12(7) 

Article 

12(8) 

Article 

13(1) 

Article 

13(2) 

Article  13  (3) 

Article  13  (4) 

Article  13  (5) 

Article  13  (6)  first  subparagraph 

Article  13  (6)  second  subparagraph 

Article  13  (6)  third  subparagraph 

Article  13  (7) 

Article  13  (8) 

Article  13  (9) 

Article  13  (10) 

Article  13  (11) 

Article  13  first  subparagraph 

Article  13  second  subparagraph 

Article  14  first  subparagraph 

Article  14  second  subparagraph 

Article  13  second  subparagraph,  first  indent 

Article  14  second  subparagraph  (a) 

Article  13  second  subparagraph,  first  indent,  first  sub-in 

Article  14  second  subparagraph  (a),  point  (i) 

dent 

Article  13 second  subparagraph,  first  indent,  second  sub-in 

Article  14  second  subparagraph  (a),  point  (ii) 

dent 

Article  13  second  subparagraph,  first  indent,  third  sub-in 

Article  14  second  subparagraph  (a),  point  (iii) 

dent 

Article  13  second  subparagraph,  second  indent 

Article  14,  second  subparagraph  (b) 

Article  13 second  subparagraph,  second  indent  first  sub-in 

dent 

Article  14  second  subparagraph  (b),  point  (i) 

Article  13  second  subparagraph,  second  indent  second 

sub-indent 

Article  13  second  subparagraph,  third  indent 

Article  13  second  subparagraph,  fourth  indent 

Article  14 

Article  15  (1) 

Article  15  (2)  (a) 

Article  15  (2)  (b) 

Article  14  second  subparagraph  (b),  point  (ii) 

Article  14,  second  subparagraph  (c) 

Article  14,  second  subparagraph  (d) 

Article  15 

Article  16  (1) 

Article  16  (2)  first  subparagraph 

Article  16  (2)  second  subparagraph 

151 

Directive  77/93/EEC 

This  Directive 

Article  15 (2)  (c) 
Article  15 (3) 
Article  15 (4) 
Article  16 
Article  16 a 
Article  17 
Article  18 
Article  19 
Article  19 a (1) 
Article  19 a (2) 
Article  19 a (3) 
Article  19 a (4) 
Article  19 a  (5)  (a) 
Article  19 a  (5)  (b) 
Article  19 a (5)  (c) 
Article  19 a  (5)  (d) 
Article  19 a (6) 
Article  19 a (7) 
Article  19 a (8) 
Article  19 b 
Article  19 c (1) 
v 
Article  19 c (2) first indent 
Article  19 c (2) first sub-indent 
Article  19 c (2)  second  sub-indent 
Article  19 c (2)  third  sub-indent 
Article  19 c (2)  fourth  sub-indent 
Article  19 c (2)  second  indent 
Article  19 c (2)  third  indent 
Article  19 c (3) 
Article  19 c (4) 
Article  19 c (5) 
Article  19 c (6) 
Article  19 c (7) 
Article  19 c (8) 
Article  19 c (9) 
Article  19 c (10)  first  paragraph,  first  indent 
Article  19 c (10)  first  paragraph,  first  sub-indent 

. 

Article  16 (2)  third  subparagraph 
Article  16 (3) 
Article  16 (4) 
Article  17 
Article  18 
Article  19 
Article  20 

Article  21 (1) 
Article  21 (2) 
Article  21 (3) 
Article  21 (4) 
Article  21 (5)  first  subparagraph 
Article  21 (5) second  subparagraph 
Article  21 (5)  third  subparagraph 
Article  21 (5) fourth  subparagraph 
Article  21 (6) 
Article  21 (7) 
Article  21 (8) 
Article  22 
Article  23 (1) 
Article  23 (2)  (a) 
Article  23 (2)  (a), point  (i) 
Article  23 (2)  (a), point  (ii) 
Article  23 (2)  (a), point  (iii) 
Article  23 (2)  (a), point  (iv) 
Article  23 (2)  (b) 
Article  23 (2) (c) 
Article  23 (3) 
Article  23 (4) 
Article  23 (5) 
Article  23 (6) 
Article  23 (7) 
Article  23 (8) 
Article  23 (9) 
Article  23 (10)  (a) 
Article  23 (10)  (a)  (i) 

152 

Directive  77/93/EEC 

This  Directive 

Article  19 c (10)  first  paragraph, second  sub-indent 
Article  19 c (10) first paragraph,  second  indent 
Article  19 c (10) first  paragraph,  third  indent 
Article  19 c (10)  second  subparagraph 
Article  19 c (10)  third  subparagraph 
Article  19 d 

Article  23 (10)  (a)  (ii) 
Article  23 (10) first subparagraph,  point  (b) 
Article  23 (10)  first  subparagraph,  point  (c) 
Article  23 (10)  second  subparagraph 
Article  23 (10)  third  subparagraph 
Article  24 
Article  25 
Article  26 

Article  20 

Annex  I  Part  A 
Annex  I  Part  B (a)  (1) 
Annex  I  Part  B (a)  (la) 
Annex  I  Part  B (a)  (2) 
Annex  I  Part  B (b) 
Annex  II  Part  A  Section  I 
Annex  II  Part  A Section  II  (a) 
Annex  II  Part  A Section  II  (b)  (1) 
Annex  II  Part  A Section  II  (b)  (2) 
Annex  II  Part  A Section  II  (b)  (3) 
Annex  II  Part A Section  II  (b)  (4) 
Annex  II  Part  A Section  II  (b)  (5) 
Annex  II  Part  A Section  II  (b)  (7) 
Annex  II  Part  A Section  II  (b)  (8) 
Annex  II  Part  A Section  II  (b)  (9) 
Annex  II  Part A  Section  II  (b)  (10) 
Annex  II  Part  A  Section  II  (b)  (11) 
Annex  II  Part A  Section  II  (b)  (12) 
Annex  II  Part  A  Section  II  (c) 
Annex  II  Part  A  Section  II  (d) 
Annex  II  Part B 
Annex  III 

Annex  IV  Part  A  Section I 
Annex  IV  Part  A Section  II  (1) 
Annex  IV  Part  A  Section  II  (2) 
Annex  IV  Part  A Section  II  (3) 

Article  27 
Article  28 
Article  29 
Annex I  Part  A 
Annex  I  Part  B (a)  1 
Annex  I  Part  B (a)  2 
Annex I  Part  B (a)  3 
Annex  I  Part  B (b) 
Annex II  Part  A  Section  I 
Annex II  Part  A  Section  II  (a) 
Annex II  Part  A  Section  II  (b)  (1) 
Annex  II  Part  A  Section  II  (b)  (2) 
Annex  II  Part  A  Section  II  (b) (3) 
Annex II  Part  A  Section  II  (b)  (4) 
Annex  II  Part  A  Section  II  (b) (5) 
Annex  II  Part  A Section  II  (b)  (6) 
Annex  II  Part  A  Section  II  (b)  (7) 
Annex  II  Part  A Section  II  (b)  (8) 
Annex II  Part  A  Section  II  (b)  (9) 
Annex II  Part  A  Section  II  (b)  (10) 
Annex II  Part  A  Section  H (b)  (11) 
Annex  II  Part  A  Section  II  (c) 
Annex  II  Part  A  Section  II  (d) 
Annex II  Part  B 
Annex  IH 

Annex IV  Part  A  Section  I 
Annex  IV  Part  A  Section  II  (1) 
Annex  IV  Part  A  Section  II  (2) 
Annex IV  Part  A  Section  II  (3) 

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Directive  77/93/EEC 

This  Directive 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

4) 
5) 
6) 
7) 
8) 
9) 
10) 

11) 
12) 

13) 
14) 

15) 
16) 

18) 

Annex 

IV  Part 

A  Section  II 

19.1) 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

A  Section  II 

19.2) 

19.3) 

19.4) 

19.5) 

19.6) 

19.7) 

20) 

21) 

22.1) 

22.2) 

23) 

24) 

25) 

26) 

27) 

28) 

29.1) 

29.2) 

Annex 

IV  Part 

A  Section  II 

30) 

Annex 

IV  Part 

A  Section  II 

31.1) 

Annex 

IV  Part 

A  Section  II 

Annex 

IV  Part 

B 

Annex 

V 

Annex 

VII 

Annex 

VIII 

(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
TO) 
;n) 
;n) 
;i3) 

;i4) 

:i5) 

:i6) 

;i7) 

(18.1) 

(18.2) 

(18.3) 

(18.4) 

(18.5) 

(18.6) 

(18.7) 

(19) 

(20) 

(21.1) 

(21.2) 

(22) 

(23) 

24) 

(25) 

(26) 

(27) 

(28.1) 

(23.2) 

(29) 

(30.1) 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

A  Section 

Annex 

IV  Part 

B 

Annex 

V 

Annex 

VI 

Annex 

VII 

Annex 

VIII 

Annex 

IX 

154 

ISSN 0254-1475 

COM(97) 651  final 

DOCUMENTS 

EN 

03  05  14  15 

Catalogue  number  :  CB-CO-97-658-EN-C 

ISBN  92-78-28335-5 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

ISS