Proposal for a Council Directive amending Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Date: 2001-04-05
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, plant health legislation, protection of plant life

C 240 E/88

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Official Journal of the European Communities

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Proposal for a Council Directive amending Council Directive 2000/29/EC on protective measures
against the introduction into the Community of organisms harmful to plants or plant products and
against their spread within the Community

(2001/C 240 E/14)

COM(2001) 183 final (cid:151) 2001/0090(CNS)

(Submitted by the Commission on 5 April 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) Council Directive 2000/29/EC of 8 May 2000 on
the introduction into the
protective measures against
to plants or plant
Community of organisms harmful
the
products
and
Community (1)
the Community plant health
regime,
conditions,
procedures and formalities to which plants and plant
products are subjected when introduced into, or moved
within, the Community.

against
sets out

spread within

phytosanitary

specifying

their

the

(2) Concerning the procedures and formalities,

to which
plants and plant products are subjected when introduced
in the Community,
should be
provided and further detailed provisions are required in
certain areas.

certain clarifications

(3) The phytosanitary procedures and formalities should be
completed before customs clearance takes place. Since
consignments of plants or plant products do not neces-
sarily undergo phytosanitary procedures and formalities in
the same Member States in which customs clearance takes
place, a system of cooperation in communication and
information between the responsible official bodies and
the customs offices within a Member State and between
the responsible official bodies of all Member States should
be established.

(4) In order to improve the protection against

the intro-
duction into the Community of organisms harmful
to
plants or plant products, Member States should intensify
the checks required. Those checks should be effective and
carried out
the
Community.

in a harmonised manner

throughout

(1) OJ L 169, 10.7.2000, p. 1.

(5) The fees charged for such checks should be based on a
reasonable cost calculation and aligned in all Member
States as much as possible.

(6) In the light of experience, several other provisions of the
above Directive should be completed, clarified or amended
in the light of developments.

(7) Since the implementation of the conditions of the internal
market, phytosanitary certificates as established in the
International Plant Protection Convention (IPPC) of the
FAO are no longer used for the marketing of plants or
plant products within the Community.
is however
important that these certificates are used by the Member
States in the format standardised by the Convention for
exports of plants or plant products into third countries.

It

(8) Some of the functions of the (cid:145)single authority(cid:146) of each
in the
Member State for coordination and contact
practical operations of
the Community plant health
regime require specific scientific or technical knowledge.
It must therefore be made possible, to delegate specific
tasks to another service.

(9) The

for

current provisions on the procedure

the
amendment of the annexes of Directive 2000/29/EC by
the Commission and for
the adoption of derogation
decisions include some procedural conditions which are
no longer necessary or justified. The procedure for the
adoption of emergency measures does not provide the
interim measures
possibility for a rapid adoption of
consistent with the level of emergency in specific cases.
The provisions on these three procedures should therefore
be amended accordingly.

(10) The list of tasks in respect of which the Commission may
organise plant health checks under its authority, should be
extended, to take into account the widening of the field of
plant health activities
and
experiences.

through new practices

(11) It has appeared that the manner in which the Community
can exercise its rights in respect of Community (cid:145)plant
financial contributions paid to Member
health control(cid:146)
States
the
Commission shall act through Commission Decisions.

should be specified that

is not clear;

it

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second and fourth subparagraphs

(12) Some provisions of Directive 2000/29/EC (Article 3(7)
first,
as
Articles 7, 8 and 9) have been superceeded by alternative
provisions since 1 June 1993, and have therefore become
they should consequently be
redundant
deleted.

as well

then;

since

(13) Under Article 4 of the Agreement on the Application of
Sanitary and Phytosanitary Measures (SPS Agreement (1)),
the Community must recognise, under certain conditions,
the equivalence of phytosanitary measures of other Parties
to that Agreement. The procedures for such recognition in
the field of plant health should be specified in Directive
2000/29/EC.

(14) The provisions of Directive 2000/29/EC should be
adapted to take account of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of
conferred on the
Commission (2),

implementing powers

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 2000/29/EC is hereby amended as follows:

1. Article 1 shall be amended as follows:

(a)

In the second subparagraph of paragraph 1,
following point (d) shall be added:

the

(cid:145)(d)

(cid:147)Phytosanitary Certificates(cid:148) and
the lay-out of
(cid:147)Phytosanitary Certificates for Re-export(cid:148)
issued
by Member States for exports to third countries
Protection
under
Convention (IPPC).(cid:146)

International

Plant

the

(b) Paragraph 4 shall be replaced by the following:

(cid:145)4.
The Member States shall ensure a close, rapid,
immediate and effective cooperation between them-
selves and the Commission in relation to matters
covered by this Directive. To this end, each Member
State shall establish or designate a single authority,
which shall be responsible, at
for the coor-
dination and contact in relation to such matters. The
official plant protection organisation set up under the
IPPC shall preferably be designated for this purpose.

least,

This authority and any subsequent change shall be
notified to the other Member States and to the
Commission.

(1) OJ L 336, 23.12.1994, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

In accordance with the procedure referred to in Article
18(2) the single authority may be authorised to assign
or delegate tasks of coordination or contact, in so far
as they relate to distinct plant health matters covered
by this Directive, to another service.(cid:146)

2. Article 2(1) shall be amended as follows:

(a) Point (a) shall be amended as follows:

(i) The first subparagraph shall be replaced by the

following:

(cid:145)plants shall be considered to mean:
living plants
and specified living parts thereof, including seeds;(cid:146)

(ii) The second subparagraph shall be amended as

follows:

(cid:151) the following seventh indent shall be inserted

after the sixth indent:

(cid:145)(cid:151) leaves, foliage,(cid:146)

(cid:151) the following ninth indent shall be added:

(cid:145)(cid:151) any other part of plants, which may be
the

specified
procedure referred to in Article 18(2).(cid:146)

accordance

with

in

(b) In point (g), the fifth subparagraph shall be replaced by

the following:

(cid:145)The single authority referred to in Article 1(4) shall
the responsible official
inform the Commission of
bodies
The
concerned.
State
in
Commission shall
information to the
other Member States;(cid:146)

the Member

forward that

(c)

In point (i), in the first subparagraph, first indent, the
words (cid:145)specified in Article 7(1) or Article 8(2)(cid:146) shall be
replaced by the words (cid:145)referred to in Article 1(1)(d)(cid:146).

(d) The following points (j) to (q) shall be added:

(cid:145)(j)

(cid:147)point of entry(cid:148) shall be considered to mean: the
place where plants, plant products or other
objects are brought into the customs territory of
the Community: the first airport in the case of air
transport, the first port in the case of maritime or
fluvial transport, the first station in the case of
railway transport, and the place of the customs
the
office
the
responsible
Community inland frontier
in the
case of any other transport.

area where

is crossed,

for

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(k) (cid:147)official body of point of

considered to mean:
body in charge of the point of entry.

the

entry(cid:148)

shall be
responsible official

(l) (cid:147)official body of destination(cid:148) shall be considered
to mean: the responsible official body in charge of
the area where the (cid:147)customs office of destination(cid:148)
is situated.

(m) (cid:147)customs office of departure(cid:148) shall be considered
to mean:
the office of departure within the
meaning of Article 340b(1) of Commission Regu-
lation (EEC) No 2454/93 laying down provisions
the implementation of Council Regulation
for
(EEC) No 2913/92 establishing the Community
Customs Code (1).

(n) (cid:147)customs office of destination(cid:148) shall be considered
the office of destination within the
to mean:
meaning of Article 340b(3) of Commission Regu-
lation (EEC) No 2454/93.

(o) (cid:147)lot(cid:148) shall be considered to mean: a number of
identifiable by its
and
origin
a
part

units of a single commodity,
homogeneity
immediate
consignment.

composition,
forming

destination

of

of

to mean:

(p) (cid:147)customs-approved treatment or use(cid:148) shall be
considered
customs-approved
treatments or uses referred to in point 15 of
Article 4 of Council Regulation (EEC) No
2913/92 establishing the Community Customs
Code (2).

the

(q) (cid:147)transit(cid:148)

shall be

the
procedure referred to in Article 91 of Council
Regulation (EEC) No 2913/92.

considered

to mean:

___________
(1) OJ L 253, 11.10.1993, p. 1, as last amended by
Regulation (EC) No 2787/2000 (OJ L 330,
27.12.2000, p. 1).

(2) OJ L 302, 19.10.1992, p. 1, as last amended by
the
(OJ L

Regulation
European Parliament and the Council
311, 12.12.2000, p. 17).(cid:146)

2700/2000

(EC) No

of

(ii) The following subparagraph shall be added after

the first subparagraph:

(cid:145)However, in the case of seeds mentioned in Article
6(4), a plant passport need not be issued, where it
is ensured that the documents issued in accordance
with the provisions applicable to the marketing of
officially certified seed provide evidence for the
compliance with the requirements referred to in
Article 6(4). In such case, the documents shall be
considered for all purposes to be plant passports
within the meaning of Article 2(1)(f).(cid:146)

(cid:145)may not be moved(cid:146) and in the

(b) In paragraph 2, in the first subparagraph, before the
second
be
(cid:145)may
(cid:145)and seeds mentioned in

words
subparagraph,
introduced(cid:146)
Article 6(4)(cid:146) shall be inserted.

before
the words

the words

not

6. In Article 11(3), the following third subparagraph shall be

added after the second subparagraph:

(cid:145)If paragraph (1) is applied only to part of the plants, plant
products or growing medium concerned, a plant passport
may be used for the other parts in accordance with Article
10 provided that
suspected of being
they are not
contaminated and provided that there appears no possi-
bility of harmful organisms spreading.(cid:146)

7. Article 12 shall be replaced by the following:

(cid:145)Article 12

1. Member States shall organise official checks to ensure
compliance with the provisions of
in
particular with Article 10(2), which shall be carried out
at random and without any discrimination in respect of
the origin of the plants, plant products or other objects,
and in accordance with the following provisions:

this Directive,

3. Article 3(7), shall be replaced by the following:

(cid:151) occasional checks, at any time and at any place where
plants, plant products or other objects are moved,

(cid:145)Paragraphs 1 and 5(a) and paragraphs 2 and 5(b) and
in accordance with the
paragraph 4 shall not apply,
conditions which shall be determined pursuant
to the
procedure referred to in Article 18(2), for trial or scientific
purposes and for work on varietal selections.(cid:146)

(cid:151) 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
purchasers,

4. Articles 7, 8 and 9 shall be deleted.

5. Article 10 shall be amended as follows:

(a) Paragraph 1 shall be amended as follows:

(cid:151) occasional checks at the same time as any other docu-
mentary check, which is carried out for reasons other
than plant health.

(i) In the first subparagraph, the words (cid:145)instead of the
phytosanitary certificates referred to in Articles 7
or 8(cid:146) shall be deleted.

The checks must be regular in premises listed in an official
register in accordance with Article 10(3) and Article 13a(7)
second subparagraph, and may be regular in premises
listed in an official register in accordance with Article 6(6).

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

(i) (cid:151) that the plants, plant products or other objects are
not contaminated by the harmful organisms listed
in Annex I, Part A,

2.
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.

(cid:151) in the case of plants or 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,

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

the official checks concerned,

The Member States may be assisted in the official

3.
checks by the experts referred to in Article 21.

4. Where it is established, through the official checks
carried out in accordance with paragraphs (1) and (2), 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).

Without prejudice to the notifications and information
required under Article 16, Member States shall ensure,
the plants, plant products or other objects
where
concerned come from another Member State,
the
responsible official body informs immediately the single
authority of that Member State and the Commission of
the findings and of the official measures which it intends
to take or has taken. In accordance with the procedure laid
down in Article 18, a standardised information system may
be set up.(cid:146)

that

(cid:151) in the case of plants, plant products or other
they
listed in Annex IV, Part A,
requirements

objects
comply with the relevant
indicated in that Annex,

special

that

the

respective original of

(ii) that the plants, plant products or other objects are
accompanied by
the
required official (cid:147)phytosanitary certificate(cid:148) or (cid:147)phyto-
sanitary certificate for re-export(cid:148) issued in accordance
with the provisions laid down in paragraph 3, or,
where relevant, of alternative documents
specified
and permitted in implementing provisions adopted
under this Directive.

Member States shall provide that plants, plant products or
other objects, other than those listed in Annex V, Part B,
which come from a third country and are brought into the
customs territory of the Community, may, from the time
of their entry, be subject to supervision by the responsible
official bodies, in respect of the first and second indents of
(i). Where the responsible official body makes use of that
the plants, plant products or other objects
faculty,
the
concerned shall
relevant
to
conclude that
they comply with the requirements laid
down in this Directive.

formalities have been completed such as

supervision, until

remain under

8. Article 13 shall be replaced by the following Articles 13,

13a, 13b and 13c:

(cid:145)Article 13

concluded in this

1. Member States shall ensure, without prejudice to the
provisions of Article 13a(1), (2), (3) and (4), and to specific
agreements
respect between the
Community and one or more third countries, that plants,
plant products or other objects listed in Annex V Part B
which come from a third country and are brought into the
customs territory of the Community, shall, from the time
of their entry, be subject to supervision by the responsible
official bodies. Without prejudice to Article 13a(8), they
may only be assigned a customs-approved treatment or
use,
if the formalities as specified in paragraph 2 have
been completed such as to conclude, as a result of these
formalities and as far as can be determined,

Member States may apply the provisions of the first and
second subparagraphs in their respective territories prior
to the plants, plant products or other objects being placed
under a permitted customs-approved treatment or use.

The formalities referred to in paragraph 1 shall
inspections by the responsible

2.
consist of meticulous
official bodies on at least

(i) each consignment consisting of, or containing, such

plants, plant products or other objects, or

(ii) in the case of a consignment which is composed of
lots, each lot consisting of, or containing,

different
such plants, plant products or other objects.

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The inspections shall determine whether

(i) the consignment or

is accompanied by the
respective original of the required certificates or of
the alternative documents, as specified in paragraph
1(ii) (documentary checks),

lot

(ii) the plants, plant products or other objects,

in its
entirety or on one or more representative samples,
are
required documents
(identity checks), and

those declared on the

(iii) the plants, plant products or other objects,

in its
entirety or on one or more representative samples,
including the packaging and, where appropriate, the
transport vehicles, comply with the requirements as
specified in paragraph 1(i) (plant health checks).

However, the plant health checks are not required and may
be carried out exceptionally only, if

(cid:151) activities related to the inspections on the consignment
or lot were already carried out in the third country
concerned under technical arrangements referred to
in Article 13a(5), or

(cid:151) the plants, plant products or other objects in the
consignment or lot are listed in the implementing
provisions adopted for
to
paragraph 6, or

this purpose pursuant

such material of

(cid:151) there is evidence, supplied by the Commission and
based on experience gained from earlier introductions
same origin into the
the
of
Community and confirmed by all Member States
concerned, to believe that the plants, plant products
or other objects in the consignment or lot comply
with the requirements laid down in this Directive,
provided that certain detailed conditions specified in
implementing provisions adopted for
this purpose
pursuant to paragraph 6 are met.

The official

(cid:147)phytosanitary certificate(cid:148) or

3.
(cid:147)phyto-
sanitary certificate for re-export(cid:148) referred to in paragraph
1(ii) shall have been issued in at least one of the official
languages of the Community and in accordance with the
laws or regulations of the country of export or re-export
which have been adopted, whether contracting party or
not,
It
shall be addressed to (cid:147)Plant Protection Organisation(s)
of/in the European Community(cid:148).

in compliance with the provisions of

the IPPC.

It shall not have been made out more than 14 days before
the date on which the plants, plant products or other
objects covered by them have left the third country in
which it was issued.

The certificate shall contain information in accordance
with the model specified in the Annex to the IPPC, irres-
pective of its lay-out. It shall be in one of the formats
determined by the Commission pursuant to paragraph 4.
The certificate shall have been issued by authorities
empowered to this effect on the basis of
laws or regu-
lations of the third country, as submitted, in accordance
with the provisions of the IPPC, to the Director General of
FAO, or,
in the case of non-contracting parties, to the
Commission.

the acceptable models

In accordance with the procedure referred to in
4.
specified in the
Article 18(2),
different versions of
the Annex to the IPPC shall be
determined. In accordance with the same procedure, alter-
native requirements for the (cid:147)phytosanitary certificates(cid:148) or
(cid:147)phytosanitary certificates for re-export(cid:148) may be laid down
for specific cases.

Without prejudice to Article 15(4), the certificates, in the
case of plants, plant products or other objects listed in
Annex IV, part A section I or part B, shall specify, under
the heading (cid:147)Additional Declaration(cid:148), which of the special
requirements out of
those listed as alternatives in the
relevant parts of that Annex have been fulfilled.

In the case of plants, plant products or other objects, to
which special requirements laid down in Annex IV part A,
or, where relevant, part B thereof apply, the official (cid:147)phy-
tosanitary certificate(cid:148) referred to in paragraph 1(ii) shall
have been issued in the third country from which the
plants, plant products or other objects originate.

However, this provision does not apply to cases where the
relevant special requirements can be fulfilled also at places
other than that of origin, or to cases, where no special
requirement applies. In these circumstances, the required
(cid:147)phytosanitary certificate(cid:148) may have been issued in the
country where the plants, plant products or other objects
come from.

lay down that

5. Member States shall
the respective
original of the certificates or of the alternative documents,
as specified in paragraph 1, point (ii), which is produced to
the responsible official body for documentary checks in
accordance with paragraph (2),
second subparagraph,
point (i), shall be marked with a (cid:147)visa(cid:148) stamp by that
body showing at least its name and the date of presen-
tation of the document.

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In accordance with the procedure referred to in
6.
Article 18(2), implementing provisions may be adopted to:

for non-industrial and
by the owner or
non-commercial purposes or for consumption during
transport.

recipient

(a)

lay down procedures for the carrying out of plant
referred to in paragraph 2,
second
health checks
subparagraph,
including minimum
point
numbers and minimum sizes of samples,

(iii),

(b) establish lists of plants, plant products or other objects
on which plant health checks need not be carried out
pursuant to paragraph 2, third subparagraph, second
indent,

(c) specify the detailed conditions for paragraph 2, third

subparagraph, third indent.

The Commission may include guidelines in respect of
points (a) or (b)
in the recommendations referred to in
Article 21(6).

Article 13a

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

reason to believe that

serious

In accordance with the procedure referred to in Article
18(2), detailed rules may be adopted laying down:

(a) the cases in which such inspections shall be carried

out,

(b) the methods for such inspections.

If, at the outcome of the inspection, doubts remain in
in particular
respect of the identity of the consignment,
concerning genus,
the consignment
species or origin,
shall be considered to contain plants, plant products or
other objects listed in Annex V, part B.

Provided that there is no risk of harmful organisms

2.
spreading:

(a) Article 13(1)

shall not apply where plants, plant
products or other objects are directly moved between
two places within the Community via the territory of a
third country,

(b) Article 13(1) and Article 4(1) shall not apply in the
case of transit through the territory of the Community,

(c) Article 13(1) shall not apply in the case of small
quantities of plants, plant products,
foodstuffs or
animal feedingstuffs where they are intended for use

Article 13(1) shall not apply, in accordance with the
3.
conditions which shall be determined pursuant
to the
procedure referred to in Article 18(2), to introductions of
plants, plant products or other objects for use in trials or,
for scientific purposes and for work on varietal selections.

4.
Provided that there is no risk of harmful organisms
spreading, a Member State may provide that Article 13(1)
shall not apply in specified individual 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
its
worked in nearby locations in the frontier zone of
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
made 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.

It may be agreed,

5.
in technical arrangements made
between the Commission and the competent bodies in
certain third countries and approved in accordance with
the procedure referred to in Article 18(2) that activities
related to the inspections referred to in Article 13(1)
the
may also be carried out under
relevant
Commission and
provisions of Article 21 in the third country concerned,
in cooperation with the official plant protection organi-
sation of that country.

in accordance with the

the authority of

6.
Article 13(1) shall apply, in cases of consignments for
a protected zone, to harmful organisms and to the special
requirements listed in part B of Annexes I,
II and IV
respectively, in respect of that protected zone.

the formalities

The formalities as specified in Article 13(2),

the
7.
inspections as provided for
in paragraph (1) and the
checks for compliance with the provisions of Article 4 in
respect of Annex III shall be carried out at the same time
as
the customs-approved
treatment or use concerned. They shall be carried out in
compliance with the provisions of
International
Convention on the Harmonisation of Frontier Controls of
Goods,
in particular Annex 4 thereof, as approved by
Council Regulation (EEC) No 1262/84 of 10 April 1984 (1).

required for

the

(1) OJ L 126, 12.5.1984, p. 1.

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Member States shall provide that importers, whether or
not producers, of plants or plant products for which a
phytosanitary or an alternative document would be
required under Article 13, must be included in an official
apply
register. The provisions of Article 6(5)
accordingly to such importers.

shall

Member States shall also provide that

(a)

or

the

their

representatives,

customs-approved treatment or use

importers,
of
customs
consignments consisting of, or containing, plants,
plant products or other objects listed in Annex V,
Part B, shall make reference, on at least one of the
documents required under the formalities necessary
in
for
question to such composition of
the consignment
through the following statement: (cid:147)This consignment
contains produce for phytosanitary inspection, other
than produce prohibited under phytosanitary legis-
such plants, plant products or
lation(cid:148); moreover,
other objects must be indicated, on those documents,
in using the code of
the
European Communities (Taric)(cid:148);

the (cid:147)Integrated tariff of

(b) airport

imminent

arrival of

authorities or

authorities, harbour

either
importers or operators, as arranged between them
such
the
and if aware of
consignments, give advanced notice thereof
to the
responsible official body in charge of
the point of
entry and to the relevant customs office; Member
States may apply this provision, mutatis mutandis, to
cases of land transport, in particular where the arrival
is expected outside normal working hours of
the
relevant official body or other office as specified in
paragraph 8.

8.
Documentary checks and also the inspections as
provided for in paragraph 1 and the checks for compliance
with the provisions of Article 4 in respect of Annex III
must be made at the same place and at the same time as
the other formalities required for the customs-approved
treatment or use in question, which are carried out by
the customs office of departure in case of transit or the
respective other office in charge of the point of entry.

Identity checks and plant health checks must be made at
the same place and at the same time as the aforesaid
customs formalities.

In case of transit the identity checks and the plant health
checks must be made by the official body of point of entry.
However, the official body of point of entry may decide, in
agreement with the official body or bodies of destination,
that whole or part of the identity checks or plant health

checks shall be made by the official body of destination,
provided that
there is no risk of harmful organisms
spreading during transport.

In accordance with the procedure referred to in Article
18(2),
implementing provisions, which may stipulate
minimum conditions for plant health checks, shall be
laid down.
In accordance with the same procedure,
certain cases or circumstances may be specified in which
plant health checks may be carried out at the place of
destination,
places,
the
provided that specific guarantees as regards the transport
of the plants, plant products or other objects as well as
other specific minimum conditions to be established under
the same procedure are complied with.

aforesaid

instead

other

of

In all cases, the plant health checks shall be considered to
be an integral part of the formalities as specified in Article
13(2).

9.
The Member States shall forward to the Commission
and the other Member States the list of places designated
as points of entry under their respective responsibility.

Each official body of point of entry, and each official body
of destination carrying out identity or plant health checks,
must satisfy certain minimum conditions in respect of
infrastructure, staffing and equipment.

In accordance with the procedure referred to in Article
the aforesaid minimum conditions shall be laid
18(2),
down in implementing provisions.

In accordance with the same procedure, rules shall be laid
down concerning the cooperation between:

(a) the official body of point of entry and the official body

of destination,

(b) the official body of point of entry and the customs

office of departure, and

(c)

the official body of destination and the customs office
of destination.

shall

include model

transmission of

these documents, as well as

Those detailed rules
forms of
documents to be used in that cooperation and the means
the
of
measures which must be taken to maintain the identity
the lots and consignments and to safeguard against
of
in particular
the risk of spreading harmful organisms,
during transport, until
the required
the completion of
customs formalities.

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There shall be a Community financial contribution
10.
for Member States in order to strengthen inspection infra-
structures insofar as they relate to plant health checks
carried out in accordance with paragraph 8.

(cid:151) refusal of entry into the Community, with or without
to a destination

the permission to send products
outside the Community,

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 the facilities required
inspection and examination and, where
to carry out
necessary,
in
paragraph 12, beyond the level already achieved by
complying with the minimum conditions stipulated in
the implementing provisions pursuant to paragraph 8.

the measures provided for

to carry out

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.

concerning

Detailed rules
financial
contribution shall be laid down in an implementing Regu-
lation adopted in accordance with the procedure referred
to in Article 18(2).

the Community

The allocation and the amount of the Community financial
contribution shall be decided in accordance with the
procedure referred to in Article 18(2), in the light of the
information and documents submitted by the Member
the results of
State concerned and, where appropriate,
the Commission’s
investigations
authority by the experts referred to in Article 21, and
depending on the
the
appropriations
purposes concerned.

available

carried

under

out

for

11.
Article 10(1) and (3) shall apply in the same way to
plants, plant products or other objects referred to in
Article 13 insofar as they are listed in Annex V, part A,
and where it is considered, on the basis of the formalities
as specified in Article 13(2), that the conditions referred to
in Article 13(1) are fulfilled.

is not considered on the basis of

the
12. Where it
formalities as specified in Article 13(2), that the conditions
referred to in Article 13(1) are fulfilled, one or more of the
following official measures shall be taken immediately:

(cid:151) appropriate treatment where it is considered that, as a
result of the treatment, the conditions will be fulfilled,

(cid:151) removal

of
consignment,

infected/infested

produce

from the

(cid:151) destruction.

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

In the case of a removal
referred to in the first
subparagraph, second indent, or a refusal referred to in
the first subparagraph, fourth indent, the Member States
lay down that the phytosanitary certificates or the
shall
phytosanitary certificates for
re-export produced when
the plants, plant products or other objects are submitted
for introduction into their territory, be cancelled by the
responsible official bodies. Upon cancellation,
relevant
the said certificates shall bear on their face and in a
prominent position a triangular stamp in red, marked (cid:147)cer-
said responsible bodies
tificate
It
showing at least their name and the date of refusal.
shall be in capital
the
official languages of the Community.

letters, and in at

least one of

cancelled(cid:148),

from the

the

prejudice

notifications

and
to
13. Without
information required under Article 16, Member States
shall ensure that
the responsible official bodies inform
the plant protection organisation of the forwarding third
country and the Commission of all cases where plants,
plant products or other objects coming from the third
country have been intercepted as not complying with the
plant health requirements, and the related findings, without
prejudice to the action which the Member State may take
or has taken in respect of the intercepted consignment.
The information shall be given as soon as possible so
that
the plant protection organisations concerned and,
where appropriate, also the Commission, may study the
case with a view,
to taking the steps
in particular,
necessary to prevent further occurrences similar to the
intercepted one.
In accordance with the procedure
referred to in Article 18(2), a standardised information
system may be set up.

Article 13b

1. Member States shall ensure the collection of
fees
to
established by the Community ((cid:147)Community fee(cid:148))
cover the costs occasioned by the identity checks and the
plant health checks provided for in Article 13(2), which are
carried out pursuant
first or second
subparagraph.

to Article 13(1),

2.
The Community fee shall (subject to paragraph (3)
below) be set by each Member State at a level, which
covers the costs borne by the responsible official body in
respect of:

(cid:151) imposition of a quarantine period until the results of

the examinations or official tests are available,

(a) the salaries, including social security, of the inspectors
involved in the checks referred to in paragraph 1,

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(b) the office, other facilities,

tools and equipment

for

these inspectors,

(c)

the imposition of other charges levied by the third
country or countries on the ground of plant health
protection, and their respective levels.

(c)

the sampling for visual
testing,

inspection or for laboratory

(d) an average level of overall expenditure for laboratory
inspected

testing spread on the total number of
consignments,

(e)

administrative

(including operational
activities
the
overheads) required for effectively carrying out
the
checks concerned, which may include the expenditure
required for pre- and in-service training of inspectors,

(f)

the overall involvement of the experts referred to in
Article 21(1), in such checks, and

(g) a contribution to a plant health fund as referred to in

paragraph 8.

set

the level of

the
3. Member States may either
Community fee on the basis of a detailed cost calculation
carried out in accordance with paragraph 2, or apply the
standard average fee as specified in Annex VIIIa. No direct
or indirect refund of the fees provided for in this Directive
shall be permitted. However the application by a Member
State of the standard average fee as specified in Annex
VIIIa shall not be considered an indirect refund.

4.
The standard average fee as specified in Annex VIIIa
is without prejudice to extra charges to cover additional
costs incurred in special activities relating to the checks,
such as exceptional
travelling by inspectors or waiting
inspectors due to delays in the arrival of
periods of
consignments out of schedule, checks carried out outside
normal working hours, supplementary investigations or
laboratory testing required for confirmation of conclusions
drawn from the checks, special phytosanitary measures as
required under Community acts based on Articles 15 or
16, measures taken pursuant to Article 13a(12), or the
translation of required documents.

5. Moreover, in or under comprehensive phytosanitary
agreements based on the principle of reciprocal treatment
with one or more third countries, the Community fee may
be fixed,
in respect of plants, plant products or other
objects which come from third countries, at alternative
levels taking into account the following situations:

(a) the frequency of checks,

(b) the level of the plant health inspection charges or fees
applied by the said third country or countries to
imports originating in the European Community,

shall

States

designate

authorities
6. Member
empowered to charge the Community fee. The fee shall
be payable by the importer, or his customs representatives,
and collected at the customs office in charge of the area
where the responsible official body has carried out the
checks, or directly at that body.

the

7.
The Community fee shall replace all other charges or
fees levied in the Member States at national, regional or
local level for the checks referred to in paragraph 1, and
the certification thereof.

8. Member States shall establish a plant health fund to
strengthen the plant health services to react effectively to
any introduction of foreign harmful organisms, including
the improvement of facilities and equipment, as well as
laboratory staff, and allocate part of the yield of the fees
to that fund.

Article 13c

(cid:147)Phytosanitary certificates(cid:148) and (cid:147)phytosanitary certificates
for re-export(cid:148) as referred to in Article 1(1)(d), which
Member States issue for export to third countries under
the IPPC shall be in the format of the standardised lay-out
given in Annex VII.(cid:146)

9. In Article 14, the second subparagraph shall be amended

as follows:

(a)

In point (c), the words (cid:145)in agreement with the Member
State concerned(cid:146) shall be deleted.

(b) The following point (e) shall be added:

(cid:145)(e) amendments to Annex VIIIa.(cid:146)

10. Article 15 shall be amended as follows:

(a)

In paragraph (1), the introduction of, and the first two
indents in the first subparagraph shall be replaced by
the following:

In accordance with the procedure referred to in

(cid:145)1.
Article 18(2), derogations may be provided for:

(cid:151) 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)(i)
with regard to other requirements referred to in
Annex IV, Part A, Section I and Annex IV, Part B,

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(cid:151) from Article 13(1)(ii)

if
equivalent safeguards are ensured by means of
alternative documentation or marking,(cid:146)

in the case of wood,

13. Article 18 shall be replaced by the following:

(cid:145)Article 18

(b) Paragraphs
following:

(2) and (3)

shall be replaced by the

The Commission shall be assisted by the Standing
by Council

on Plant Health instituted

1.
Committee
Decision 76/894/EEC (1).

for

into

export

(SPS-Agreement)

In accordance with the procedures referred to in
(cid:145)2.
the first subparagraph of paragraph 1, phytosanitary
measures adopted by another party to the Agreement
on the Application of Sanitary and Phytosanitary
the
Measures
Community shall be recognised as equivalent to the
phytosanitary measures laid down in this Directive,
in particular to those specified in Annex IV,
if that
party objectively demonstrates
to the Community
that its measures achieve the Community’s appropriate
level of phytosanitary protection and if
is
confirmed by the conclusions resulting from findings
made on the occasion of reasonable access of
the
Community for inspection, testing and other relevant
procedures in the other party.

this

Upon request by one or more other parties to the
SPS-Agreement, the Commission will enter into consul-
tations with the aim of achieving bilateral or multi-
lateral agreements on recognition of the equivalence
of specified phytosanitary measures.

3.
Decisions providing for derogations pursuant to
the first subparagraph of paragraph 1 or recognition of
equivalence pursuant to paragraph 2, shall require that
compliance with the conditions laid down therein has
been officially established by the exporting country for
each individual case of use, and shall set out the details
of the official statement confirming compliance.

4.
Decisions referred to in paragraph 3 shall specify
whether or in which manner Member States shall
inform the other Member States and the Commission
of each individual case of use or groups of cases of
use.(cid:146)

11. In Article 16, the following paragraph 5 shall be added:

If

taken under paragraphs 1 or 2, or

the Commission has not been informed of
(cid:145)5.
if
it
measures
considers the measures taken to be inadequate,
it may,
pending the meeting of the Standing Committee on Plant
Health, take interim protective measures with regard to
plants or plant products from the third country. These
measures shall be submitted to the Standing Committee
on Plant Health as soon as possible to be confirmed,
amended or cancelled in accordance with the procedure
laid down in Article 19.(cid:146)

12. Article 17 shall be deleted.

2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be set at one month.

___________
(1) OJ L 340, 9.12.1976, p. 25.(cid:146)

14. Article 19 shall be replaced by the following:

(cid:145)Article 19

Where reference is made to the procedure laid down in
Article 19, the following shall apply:

(a) the Commission shall notify the Council and the
Member States of any decision regarding safeguard
measures.

(b) any Member State may refer the Commission’s decision
to the Council within a time-limit of one month
following the notification referred to in (a);

(c)

the Council, acting by a qualified majority, may take a
different decision within one month.(cid:146)

15. Article 21 shall be amended as follows:

(a) Paragraph 3 shall be amended as follows:

(i) The third indent shall be replaced by the following:

(cid:145)carrying out or monitoring the activities specified
in the technical arrangements referred to in Article
13a(5).(cid:146)

(ii) The following fifth and sixth indents shall be

inserted after the fourth indent:

(cid:145)(cid:151) monitoring

activities

required under

the
provisions establishing the conditions under
which certain harmful organisms, plants,
plant products or other objects may be
the
introduced
Community
zones
certain
thereof, for trial or scientific purposes or for
work on varietal
selection referred to in
Articles 3(7), 4(5), 5(5) and 13a(3),

into, or moved within,

protected

or

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(cid:151) monitoring activities required under authoris-
ations granted pursuant to Article 15, under
measures taken by Member States pursuant
to Article 16(1) or (2), or under measures
adopted pursuant to Article 16(3) or (5).(cid:146)

(iii) The

eighth indent

shall be

replaced by the

following:

(cid:145)(cid:151) carrying out any other duty assigned to the
experts in the detailed rules referred to in
paragraph 7.(cid:146)

(b) In paragraph (5), in the second subparagraph, the third

sentence shall be replaced by the following:

(cid:145)Unless the necessary facilities have benefited from the
plant health fund referred to in Article 13b(8), the
Commission shall
expenses
resulting from such requests, within the limits of
appropriations available
in the
for
general budget of the European Union(cid:146).

that purpose

refunding of

ensure

16. In Article 24(3), in the second subparagraph the following
the second

the end of

sentence shall be added at
subparagraph:

the Community shall exercise its

(cid:145)In this case,
through a Commission Decision addressed
Member State concerned.(cid:146)

right
to the

17. In Annex VII, Part B shall be amended as follows:

(a) The title shall be replaced by the following:

(cid:145)B. Model Phytosanitary Certificate for Re-Export(cid:146).

(b) In box 2 of the model certificate, the words (cid:145)REFOR-
WARDING PHYTOSANITARY CERTIFICATE(cid:146) shall be
replaced by (cid:145)PHYTOSANITARY CERTIFICATE FOR
RE-EXPORT(cid:146).

18. The following Annex VIIIa shall be inserted in the Directive

after Annex VIII:

(cid:145)ANNEX VIIIa

The standard average fee referred to in Article 13b(3) shall be set at the following levels:

(a)

for identity checks, whether or not in
conjunction with documentary checks

per consignment

(cid:151) up to a size of a truck load, a
railway wagon load or the load of
a container of comparable size

EUR 5

(cid:151) bigger than the above size

EUR 15

(b) for plant health checks, in accordance

with the following specifications:

(cid:151) Cuttings, seedlings, young plants of

per consignment

strawberries or of vegetables

(cid:151) Shrubs,

trees

trees),

Christmas
nursery
reproductive material
seed)

plants

(other

than
cut
other woody
forest
than

(other

including

(cid:151) up to 10 000 in number

(cid:151) up to 50 000 in number

(cid:151) up to 100 000 in number

(cid:151) more than 100 000 in number

per consignment

(cid:151) up to 1 000 in number

(cid:151) up to 4 000 in number

(cid:151) up to 16 000 in number

(cid:151) more than 16 000 in number

(cid:151) Bulbs,

corms,

rhizomes,

tubers

per consignment

(other than tubers of potatoes)

(cid:151) up to 200 kg of weight

(cid:151) up to 800 kg of weight

(cid:151) up to 3 200 kg of weight

(cid:151) more than 3 200 kg of weight

EUR 15

EUR 30

EUR 45

EUR 60

EUR 15

EUR 30

EUR 45

EUR 60

EUR 15

EUR 30

EUR 45

EUR 60

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(cid:151) Seeds, tissue cultures

per lot

(cid:151) Other plants intended for planting,
not specified elsewhere in this chart

(cid:151) Cut flowers, branches with foliage,
than cut

parts of conifers (other
Christmas trees)

(cid:151) up to 100 kg of weight

(cid:151) more than 100 kg of weight

per consignment

(cid:151) up to 5 000 in number

(cid:151) up to 20 000 in number

(cid:151) up to 40 000 in number

(cid:151) more than 40 000 in number

per consignment

(cid:151) up to 20 000 in number

(cid:151) up to 120 000 in number

(cid:151) up to 500 000 in number

(cid:151) more than 500 000 in number

(cid:151) Cut Christmas trees

per consignment

(cid:151) up to 1 000 in number

(cid:151) up to 2 000 in number

(cid:151) more than 2 000 in number

(cid:151) Leaves of plants,

such as herbs,

per lot

spices and leafy vegetables

(cid:151) up to 100 kg

(cid:151) more than 100 kg

(cid:151) Fruits, vegetables (other than leafy

per consignment

vegetables)

(cid:151) up to 25 000 kg of weight

(cid:151) up to 100 000 kg of weight

(cid:151) up to 400 000 kg of weight

EUR 15

EUR 30

EUR 15

EUR 30

EUR 45

EUR 60

EUR 15

EUR 30

EUR 45

EUR 60

EUR 15

EUR 30

EUR 45

EUR 15

EUR 30

EUR 15

EUR 30

EUR 45

(cid:151) Tubers of potatoes

per lot

EUR 25

(cid:151) more than 400 000 kg of weight

EUR 60

(cid:151) Wood

(other

than

wooden

per consignment

packaging material and bark)

(cid:151) per m3 of volume

(cid:151) Wooden packaging material

per consignment

(cid:151) Soil and growing medium, bark

per consignment

EUR 0,2

EUR 15

(cid:151) up to 25 000 kg of weight

EUR 15

(cid:151) more than 25 000 kg of weight

EUR 30

(cid:151) Grain

per lot

(cid:151) up to 30 000 kg of weight

EUR 15

(cid:151) more than 30 000 kg of weight

EUR 50

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(cid:151) Other plants or plant products not
specified elsewhere in this chart

per lot

(cid:151) packaging
packaging
vehicle

(other

than wooden
transport

material),

per piece

EUR 10

EUR 5

Where a consignment does not consist exclusively of products coming under the description of the
relevant indent, those parts thereof consisting of products coming under the description of the
relevant indent (lot or lots) shall be treated as separate consignment.(cid:146)

19. When in any provision other than those amended in (1) to
(18) above reference is made to (cid:145)in accordance with the
procedure laid down in Article 17(cid:146) or to (cid:145)in accordance
with the procedure laid down in Article 18(cid:146), these words
shall be replaced by the words (cid:145)in accordance with the
procedure referred to in Article 18(2)(cid:146).

Article 2

Member States shall adopt and publish before 1 January 2003,
the provisions necessary to comply with this Directive. They
shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 January 2003.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a

reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Member States shall communicate to the Commission the text
of the main provisions of national law, which they adopt in the
field governed by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.