Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries
Date: 1998-04-15
Institutions: European Commission
Subjects: crop production, plant health control, third country

L 126/26

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Official Journal of the European Communities

28. 4. 98

COMMISSION DIRECTIVE 98/22/EC

of 15 April 1998

laying down the minimum conditions for carrying out plant health checks in the
Community, at inspection posts other than those at the place of destination, of
plants, plant products or other objects coming from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 77/93/EEC of 21
December 1976 on protective measures against the intro-
duction into the Community of organisms harmful to
plants or plant products and against their spread within
the Community (1), as
last amended by Commission
Directive 98/2/EC (2), and in particular the penultimate
subparagraph of Article 12(6) thereof,

Whereas, if arrangements for the plant health checks of
plants, plant products or other objects listed in part B of
Annex V to Directive 77/93/EEC coming from third
countries are to be operated efficiently, harmonised
minimum conditions should be laid down for carrying
out these checks at inspection posts other than those at
the place of destination;

Whereas the minimum conditions laid down for carrying
out such plant health checks must take account of tech-
nical requirements applicable to the responsible official
bodies as
referred to in Article 2(1)(g) of Directive
77/93/EEC in charge of the said inspection posts as well
as of provisions applicable to facilities, tools and equip-
ment enabling the said responsible official bodies to carry
out the required plant health checks;

Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee on Plant Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Member States shall ensure that the plant health checks
referred to in Article 12(6), fourth subparagraph of Dir-
ective 77/93/EEC, of plants, plant products or other

objects listed in Annex V, part B of the said Directive and
coming from third countries, and carried out at inspection
posts other than those at the place of destination, satisfy
at least the minimum conditions laid down in the Annex
to this Directive.

Article 2

1. Member States shall bring into force the laws, regu-
lations or administrative provisions necessary to comply
with this Directive on 1 October 1998. They shall imme-
diately inform the Commission thereof.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompa-
nied by such a reference at the time of their official publi-
cation. The procedure for such a reference shall be
adopted by Member States.

2. Member States shall immediately communicate to
the Commission all provisions of national law which they
adopt in the field covered by this Directive. The Commis-
sion shall inform the other Member States thereof.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 15 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 15, 21. 1. 1998, p. 34.

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L 126/27

ANNEX

Minimum conditions for carrying out plant health checks in the Community, at inspection posts
other than those at the place of destination, of plants, plant products or other objects coming
from third countries

1. The responsible official bodies, as referred to in Article 2(1)(g) of Directive 77/93/EEC in charge of the

inspection posts referred to in Article 1 of this Directive, shall:

— have authority to carry out their duties,

— have technical competence, especially in the detection and diagnosis of harmful organisms,

— have expertise in identification of harmful organisms, or access to such expertise,

— have access to appropriate administrative, inspection and testing facilities, tools and equipment, as

specified in paragraph 3,

— have access to facilities for proper storage and quarantine of consignments and, when necessary, for

destruction (or other suitable treatment), of all or part of the intercepted consignment,

— have available:

(a) written, up-to-date national inspection guidelines based on the domestic legislation of the Member

State, as established within the framework of Community legislation,

(b) an up-to-date set of Community guidelines for the experts and for national inspectors, referred to

in Article 19a(6) of Directive 77/93/EEC,

(c) up-to-date Community plant health legislation,

(d) an up-to-date list including addresses and telephone numbers of specialised laboratories which
have been officially approved for carrying out tests for determining the presence of harmful or-
ganisms or for the identification of harmful organisms. A suitable procedure should be put in
place to ensure the integrity and security of the sample(s) when moved to the laboratory and
during the testing process,

(e) up-to-date information on consignments of plants, plant products or other objects coming from

third countries which have undergone:

— official interception,
— official tests in specialised laboratories together with their results,

provided at least that this information is relevant to the plant health checks for the place at which
they are carried out,

— adapt the established programme of plant health checks as quickly as possible in such a way as to
meet actual needs, in the light of new plant health risks or any changes in the quantity/volume of the
plants, plant products or other objects offered for introduction at the inspection posts referred to in
Article 1.

2. The public servants and qualified agents as referred to in Article 2(1)(i), second subparagraph of Directive
77/93/EEC actually in charge of carrying out the inspections at the inspection posts referred to in Article
1 of this Directive shall have:

— technical competence, especially in the detection of harmful organisms,

— expertise in identification of harmful organisms, or access to such expertise,

as part of their qualifications required under the said Article 2(1)(i) second subparagraph, and shall have
directly available the information referred to in paragraph 1, sixth indent.

3. The facilities, tools and equipment as referred to in paragraph 1 shall have at least:

(a) in respect of administrative facilites:

— a rapid communication system with:

— the authority referred to in Article 1(6) of Directive 77/93/EEC,
— the specialised laboratories referred to in paragraph 1,
— the customs authorities,
— the Commission,
— other Member States,

— a document duplication system;

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28. 4. 98

(b) in respect of inspection facilities:

— suitable areas for inspection, as appropriate,

— adequate lighting,

— inspection table(s),

— equipment suitable for:

— visual checks,
— disinfecting the premises and equipment used for plant health checks,
— the preparation of samples for possible further tests in the specialised laboratories referred to in

paragraph 1;

(c) in respect of facilities for the sampling of consignments:

— appropriate material for the individual identification and packaging of each sample,

— adequate packaging material for sending samples to the specialised laboratories referred to in para-

graph 1,

— seals,

— official stamps,

— adequate lighting.