Council Directive 2002/89/EC of 28 November 2002 amending 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: 2002-11-28
Institutions: Council of the European Union
Subjects: parasitology, plant disease, plant health control, plant health legislation, protection of plant life

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COUNCIL DIRECTIVE 2002/89/EC

of 28 November 2002

amending 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

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 (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

Council Directive 2000/29/EC of 8 May 2000 on
protective measures against the introduction into the
Community of organisms harmful to plants or plant
products
the
against
and
Community (4) sets out
the Community plant health
regime,
conditions,
procedures and formalities to which plants and plant
subjected when introduced into, or
products
moved within, the Community.

spread within

phytosanitary

specifying

their

the

are

(2) With respect to the procedures and formalities, to which
plants and plant products are subjected when introduced
in the Community, certain clarifications
should be
provided and further detailed provisions are required
in certain areas.

(3)

(4)

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 State as that in which customs
clearance takes place, a system of cooperation in
communication and information among the responsible
official bodies and the customs offices should be estab-
lished.

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 in a harmonised manner throughout
the Community.

(1) OJ C 240 E, 28.8.2001, p. 88.
(2) OJ C 53 E, 28.2.2002, p. 179.
(3) OJ C 36, 8.2.2002, p. 46.
(4) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2002/36/EC (OJ L 116, 3.5.2002, p. 16).

(5)

(6)

(7)

(8)

(9)

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

In the light of experience, several other provisions of
Directive 2000/29/EC should be completed, clarified or
amended in the light of developments.

the conditions of

Since the implementation of
the
internal market, phytosanitary certificates as established
in the International Plant Protection Convention (IPPC)
of the Food and Agriculture Organisation (FAO) are no
the marketing of plants or plant
longer used for
products within the Community.
is however
important
to keep standardised certificates issued by
Member States under the IPPC.

It

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

for

The 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. It is also necessary to
base amendments to the Annexes, more explicitly, on a
risk
technical
of
involved.
emergency measures does not provide the possibility
for a rapid adoption of
interim measures consistent
with the level of emergency in specific cases. The
provisions on these three procedures should therefore
be amended accordingly.

justification consistent with the pest
adoption
The

procedure

the

for

(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 through new
practices and experiences.

(11)

It
the
is appropriate to clarify certain aspects of
procedure for the refunding of the Community Phytos-
anitary contribution.

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(12)

Some provisions of Directive 2000/29/EC (first, second
and fourth subparagraphs of Article 3(7)), as well as
Articles 7, 8 and 9 have been superseded by other
provisions
since 1 June 1993, and have therefore
become redundant since then. They should consequently
be deleted.

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, insofar as
they relate to distinct plant health matters covered by
this Directive, to another service.’;

Community must

(13) Under Article 4 of the Agreement on the Application of
Sanitary and Phytosanitary Measures (SPS Agreement),
the
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.

recognise,

under

(14)

The measures necessary for
the implementation of
Directive 2000/29/EC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures
exercise of
implementing powers conferred on the Commission (1),

the

for

HAS ADOPTED THIS DIRECTIVE:

Article 1

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:

‘plants shall be considered to mean:
living plants
and specified living parts thereof, including seeds;’

(ii) The second subparagraph shall be amended as

follows:

— the following seventh indent shall be inserted

after the sixth indent:

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

‘— leaves, foliage,’

1. Article 1 shall be amended as follows:

— the existing seventh indent shall become the

eight indent,

(a)

in the second subparagraph of paragraph 1,
following point shall be added:

the

— the following ninth indent shall be added:

‘(d)

the model of
“Phytosanitary Certificates” and
“phytosanitary certificates for Re-export” or their
issued by Member States
electronic equivalent
under
Protection
the
Convention (IPPC).’;

International

Plant

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

‘(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.

‘— live pollen’

— the following tenth indent shall be added:

‘— bud-wood, cuttings, scions’

— the following eleventh indent shall be added:

‘— any other part of plants, which may be
the

specified
procedure referred to in Article 18(2).’;

accordance

with

in

(b) point (e) shall be replaced by the following:

‘(e) harmful organisms shall be considered to mean: any
species, strain or biotype of plant, animal or path-
ogenic agent injurious to plants or plant products’;

(1) OJ L 184, 17.7.1999, p. 23.

(c)

in point (f), third subparagraph, the terms ‘Article 8’
shall be replaced by ‘Article 18(2)’;

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(d) point (g), shall be amended as follows:

(i) In the first subparagraph,

in point (i), the word
‘services(s)’ shall be replaced by the word ‘organi-
sation(s)’.

(ii) The fifth subparagraph shall be replaced by the

following:

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

forward that

(e)

(h),

in point
in the second
third subparagraph,
sentence and in the fifth subparagraph, the words ‘in
writing’ shall be inserted between the words ‘notified’
and ‘to the Commission’;

(f)

in point (i), first subparagraph, the first indent shall be
replaced by the following:

(o)

(p)

(q)

(r)

lot shall be considered to mean: a number of units
of a single commodity, identifiable by its homo-
geneity of composition and origin, and forming
part of a consignment;

shall be considered to mean: A
consignment
quantity of goods being covered by a single
document required for customs formalities or for
other formalities, such as a single phytosanitary
certificate or a single alternative document or
mark; a consignment may be composed of one
or more lots;

or

use

the

shall

treatment

to mean:

be
customs-approved
considered
customs-approved
treatments or uses referred to in point 15 of
Article 4 of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the
Community Customs Code (**) (hereafter referred
to as the Community Customs Code);

transit shall be considered to mean: the movement
of goods which are subject to customs supervision
from one point to another within the customs
territory of
the Community as referred to in
Article 91 of Regulation (EEC) No 2913/92.

‘— by representatives of

by

their

responsibility,

the official national plant
protection organisation of a third country or,
under
other public
officers who are technically qualified and duly
authorised
plant
protection organisation, in the case of statements
or measures related to the issuing of the phytos-
anitary certificates and phytosanitary certificates
for re-exports, or their electronic equivalent’;

national

official

that

by

(g) the following points shall be added:

‘(j)

(k)

(l)

point of entry shall be considered to mean: the
place where plants, plant products or other
objects are brought for the first time into the
customs territory of the Community: the airport
in the case of air transport, the port in the case of
maritime or fluvial transport, the station in the
case of railway transport, and the place of the
customs office responsible for the area where
the Community inland frontier is crossed, in the
case of any other transport;

official body of point of entry shall be considered to
mean: the responsible official body in a Member
State in charge of the point of entry;

official body of destination shall be considered to
mean: the responsible official body in a Member
State in charge of the area where the “customs
office of destination” is situated;

(m) customs office of point of entry shall be considered to
mean: the office of the point of entry as defined in
(j) above;

(n)

customs office of destination shall be considered to
mean: the office of destination within the meaning
of Article 340b(3) of Commission Regulation
(EEC) No 2454/93 (*);

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

(**) OJ L 302, 19.10.1992, p. 1. Regulation as last
amended by Regulation (EC) No 2700/2000 of
the European Parliament and of the Council (OJ
L 311, 12.12.2000, p. 17).’;

3. Article 3 shall be amended as follows:

(a) paragraph 3 shall be replaced by the following:

apply

Paragraphs 1 and 2 shall not

‘3.
in
accordance with conditions which may be determined
in accordance with the procedure referred to in Article
in the case of slight contamination of plants
18(2),
other than those intended for planting by harmful
organisms listed in Annex I, Part A, or in Annex II,
Part A, or in the case of appropriate tolerances estab-
lished for harmful organisms listed in Annex II, Part A,
Section II as regards plants intended for planting which
have previously been selected in agreement with the
authorities representing the Member States in the field
of plant health, and based on a relevant pest risk
analysis.’;

(b) paragraph 7 shall be replaced by the following

paragraphs 7, 8 and 9:

In accordance with the procedure referred to in
‘7.
Article 18(2),
implementing provisions may be
adopted to lay down conditions for the introduction
into the Member States and the spread within the
Member States of:

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(a) organisms which are suspected of being harmful to
listed in

plants or plant products but are not
Annexes I and II;

the words ‘and seeds mentioned in Article

duced’
6(4)’ shall be inserted;

(b) organisms, which are listed in Annex II, but which
occur on plants or plant products other than those
listed in that Annex, and which are suspected of
being harmful to plants or plant products;

(c) organisms, which are listed in Annexes I and II,
which are in an isolated state and which are
considered to be harmful
in that state to plants
or plant products.

8.
Paragraphs 1 and 5(a) and paragraph 2 and 5(b)
and paragraph 4 shall not apply, in accordance with
the 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.

9.
After the measures provided for in paragraph 7
have been adopted, that paragraph shall not apply, in
accordance with the
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.’;

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:

(i) in the first subparagraph, the words ‘instead of the
phytosanitary certificates referred to in Articles 7
or 8’ shall be deleted;

6. In Article 11(2), the following shall be added at the end of

the paragraph:

‘and a plant passport may be used.’

7. Article 12 shall be replaced by the following:

‘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,

— 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 purchasers,

— 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
13c(1b), and may be regular in premises listed in an
official register in accordance with Article 6(6).

(ii) the following subparagraph shall be inserted after

the first subparagraph:

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.

in

accordance with

‘However, in the case of seeds mentioned in Article
6(4), a plant passport need not be issued, where it
is ensured in accordance with the procedure
referred to in Article 18(2) that the documents
issued
the Community
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).’;

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.

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 inves-
tigation necessary for
the official checks concerned,
including those related to the plant passports and the
records.

(b) in paragraph 2, in the first subparagraph, before the
words
second
‘may not be moved’ and in the
subparagraph, before the words ‘may not be intro-

The Member States may be assisted in the official

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

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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
single authority of the receiving Member State informs
immediately the single authority of that Member State
and the Commission of the findings and of the official
In
measures which it
accordance with the procedure referred to in Article
18(2), a standardised information system may be set up.’;

intends to take or has taken.

that

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

13a, 13b, 13c, 13d and 13e:

‘Article 13

1. Member States shall ensure, without prejudice to:

— the provisions of Article 3(3),13b(1), (2), (3), (4) and

(5),

— the specific requirements and conditions laid down in
in
derogations adopted pursuant
equivalency measures adopted pursuant
to Article
15(2), or in emergency measures adopted pursuant to
Article 16, and

to Article 15(1),

— specific agreements concluded on matters dealt with in
this Article between the Community and one or more
third countries,

into the customs territory of

that plants, plant products or other objects, listed in Annex
V, Part B, which come from a third country and are
the Community,
brought
shall, from the time of their entry, be subject to customs
supervision pursuant to Article 37(1) of the Community
Customs Code and also to supervision by the responsible
official bodies. They may only be placed under one of the
customs procedures as specified in Article 4(16)(a), (d), (e),
(f), (g) of the Community Customs Code, if the formalities
as
specified in Article 13a have been completed in
accordance with the provisions of Article 13c(2), such as
to conclude, as a result of these formalities and as far as
can be determined:

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

— 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
Annex, and

— in the case of plants, plant products or other
they
objects listed in Annex IV, Part A,
comply with the relevant
requirements
indicated in that Annex, or, where applicable,
with the option declared
certificate
pursuant to Article 13a(4)(b), and

in the

special

that

the

respective original of

(ii) that the plants, plant products or other objects are
the
accompanied by
required official “phytosanitary certificate” or “phytos-
anitary certificate for re-export” issued in accordance
with the provisions laid down in Article 13a(3) and
(4), or, where relevant, that the original of alternative
documents or marks as specified and permitted in
implementing provisions accompany, or are attached
to, or otherwise put on, the object concerned.

Electronic certification may be recognised, provided
that
in
implementing provisions are met.

conditions

respective

specified

the

Officially certified copies may also be recognised in
exceptional
in
implementing provisions.

cases which

specified

shall

be

The implementing provisions referred to in (ii) above may
be adopted in accordance with the procedure referred to in
Article 18(2).

Paragraph 1 shall apply,

2.
in cases of plants, plant
products or other objects intended for a protected zone,
in respect
special
requirements listed in Annex I, Part B, Annex II, Part B
and Annex IV, Part B respectively, for that protected zone.

of harmful

organisms

and

of

shall provide

that plants, plant
3. Member States
products or objects other
than those referred to in
paragraph 1 or 2, 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 super-
vision by the responsible official bodies, in respect of the
first, second or third indent of paragraph 1(i). These plants,
plant products or objects include wood in the form of
dunnage, spacers, pallets or packing material, which are
actually in use in the transport of objects of all kinds.

the

remain under

Where the responsible official body makes use of that
faculty, the plants, plant products or objects concerned
supervision referred to in
shall
formalities have been
paragraph 1, until
completed such as to conclude, as a result
for these
formalities and as far as can be determined, that they
comply with the relevant requirements laid down in or
under this Directive.

the relevant

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their

customs

Implementing provisions as regards type of information
and the means of transmission thereof to be supplied by
importers, or
to the
responsible official bodies, as regards the plants, plant
types of
products or objects
wood, as referred to in the first subparagraph, shall be
adopted in accordance with the procedure referred to in
Article 18(2).

including the different

representatives,

4. Without prejudice to Article 13c(2)(a) Member States
shall, if there is a risk of spread of harmful organisms, also
apply paragraphs 1, 2 and 3 to plants, plant products or
the customs-
other objects being placed under one of
approved treatments or uses as
specified in Article
4(15)(b), (c), (d), (e) of the Community Customs Code or
under the Customs procedures as specified in Article
4(16)(b), (c) of that Code.

Article 13a

1. (a) The formalities referred to in Article 13(1) shall
consist of meticulous inspections by the responsible
official bodies on at least:

(i) each consignment declared, under the customs
formalities, to consist of or to contain plants,
plant products or other objects, referred to in
(2) or (3) under the respective
Article 13(1),
conditions, or

(ii) in the case of a consignment which is composed
of different lots, each lot declared, under the
customs
to
contain, such plants, plant products or other
objects.

to consist of, or

formalities,

(b) The inspections shall determine whether:

(i) the consignment or lot is accompanied by the
required certificates, alternative documents or
marks, as specified in Article 13(1)(ii)
(docu-
mentary checks),

(ii) in its entirety or on one or more representative
samples, the consignment or lot consists of, or
contains the plants, plant products or other
objects,
required
documents (identity checks), and

declared

the

on

as

(iii) in its entirety or on one or more representative
including the packaging and, where
vehicles,
the
their wood packing

samples,
appropriate,
consignment or

transport

lot or

the

material comply with the requirements laid
down in this Directive, as specified in Article
13(1)(i)
(plant health checks), and whether
Article 16(2) applies.

The identity checks and plant health checks shall be

2.
carried out at reduced frequency, if:

— activities of inspection on plants, plant products or
other objects in the consignment or lot were already
third country under
carried out
technical arrangements referred to in Article 13b(6), or

in the consignor

— the plants, plant products or other objects in the
consignment or lot are listed in the implementing
provisions adopted for
to
paragraph 5(b), or

this purpose pursuant

— the plants, plant products or other objects in the
consignment or lot came from a third country for
which in or under comprehensive international phytos-
anitary agreements based on the principle of reciprocal
treatment between the Community and a
third
country, provision for a reduced frequency of identity
and plant health checks is mentioned,

there is a serious

reason to believe that

laid down in this Directive

the
are not

unless
requirements
complied with.

The plant health checks may also be carried out at reduced
frequency, if there is evidence, collated by the Commission
and based on experience gained from earlier introduction
of such material of the same origin into the Community as
confirmed by all Member States concerned, and after
consultation within the Committee referred to in Article
18, to believe that the plants, plant products or other
objects
lot comply with the
requirements laid down in this Directive, provided that
the
implementing
provisions pursuant to paragraph 5(c) are met.

in the consignment or

conditions

specified

detailed

in

The official

“phytosanitary certificate” or “phytos-
3.
referred to in Article
anitary certificate for re-export”
least one of the
13(1)(ii) shall have been issued in at
languages of the Community and in accordance
official
with the laws or regulations of
the third country of
export or re-export which have been adopted, whether a
contracting party or not,
in compliance with the
provisions of the IPPC. It shall be addressed to the “Plant
Protection Organisations of
the
European Community” as referred to in Article 1(4), first
subparagraph, last sentence.

the Member States of

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

It shall contain information in accordance with the models
specified in the Annex to the IPPC,
its
format.

irrespective of

It shall be in one of
the models determined by the
to paragraph 4. The certificate
Commission pursuant
shall have been issued by authorities empowered to this
effect on the basis of laws or regulations of the third
country concerned, as submitted, in accordance with the
provisions of the IPPC, to the Director General of FAO, or,
in the case of third countries non-party to the IPPC, to the
Commission. The Commission shall
inform the Member
States of the submissions received.

4. (a) In accordance with the procedure referred to in
Article 18(2), the acceptable models as specified in
the different versions of the Annex to the IPPC shall
same
be determined.
procedure, alternative specifications for the “phytos-
anitary certificates” or “phytosanitary certificates for
re-export” may be laid down for third countries
non-party to the IPPC.

In accordance with the

(b) 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 “Additional Declaration”
and where relevant, which special requirement out
of
in the relevant
position in the different parts of Annex IV have
been complied with. This specification shall be
given through reference to the relevant position in
Annex IV.

those listed as alternatives

(c) In the case of plants, plant products or other
objects, to which special requirements laid down
in Annex IV, Part A, or Part B apply, the official
referred to in Article
“phytosanitary certificate”
13(1)(ii)
third
country in which the plants, plant products or
other objects originate (country of origin).

shall have been issued in the

(d) However,

in the case where the relevant special
requirements can be fulfilled also at places other
than that of origin, or where no special requirement
applies,
the “phytosanitary certificate” may have
been issued in the third country where the plants,
plant products or other objects
from
(consignor country).

come

In accordance with the procedure referred to in
5.
Article 18(2), implementing provisions may be adopted to:

(a)

lay down procedures for the carrying out of plant
health checks referred to in paragraph 1(b), point
(iii),
including minimum numbers and minimum
sizes of samples,

(b) establish lists of plants, plant products or other objects
on which plant health checks shall be carried out at
reduced frequency pursuant
first
subparagraph, second indent,

to paragraph 2,

(c) specify the detailed conditions for the evidence referred
to in paragraph 2, second subparagraph, and the
the
criteria for the type and level of reduction of
plant health checks.

The Commission may include guidelines in respect of
referred to in
paragraph 2 in the recommendations
Article 21(6).

Article 13b

1. Member States shall ensure that consignments or lots
which come from a third country, but are not declared,
under the customs formalities, to consist of, or to contain
plants, plant products or other objects listed in Annex V,
Part B are also inspected by the responsible official bodies,
where there is serious reason to believe that such plants,
plant products or other objects are present.

Member States shall ensure that whenever a customs
inspection reveals that a consignment or
lot coming
from a third country consists of or contains non-declared
plants, plant products or other objects listed in Annex V,
Part B, the inspecting customs office shall
immediately
inform the official body of its Member State, under the
cooperation referred to in Article 13c(4).

If, at the outcome of the inspection by the responsible
official bodies, doubts remain in respect of the identity
of the commodity, in particular concerning the genus or
species of plants or plant products or their origin, the
consignment shall be considered to contain plants, plant
products or other objects as listed in Annex V, Part B.

Provided that there is no risk of harmful organisms

2.
spreading in the Community:

(a) Article 13(1) shall not apply to the entry,

into the
Community, of plants, plant products or other
objects which are moved from one point to another
within the Community passing through the territory of
a third country without any change in their customs
status (internal transit),

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(b) Article 13(1) and Article 4(1) shall not apply to the
entry, into the Community, of plants, plant products
or other objects which are moved from one point to
another within one or two third countries passing
through the territory of the Community under appro-
priate customs procedures without any change in their
customs status.

certain third countries and approved in accordance with
the procedure referred to in Article 18(2), that activities
referred to in Article 13(1)(i) may also be carried out under
the authority of the Commission and in accordance with
the relevant provisions of Article 21 in the consignor third
country, in cooperation with the official plant protection
organisation of that country.

3. Without prejudice to the provisions of Article 4 in
respect of Annex III, and provided that there is no risk of
harmful organisms spreading in the Community, Article
13(1) need not apply to the entry, into the Community,
of small quantities of plants, plant products, foodstuffs or
animal feedingstuffs as far as they relate to plants or plant
products,where they are intended for use by the owner or
recipient for non-industrial and non-commercial purposes,
or for consumption during transport.

In accordance with the procedure referred to in Article
18(2) detailed rules may be adopted specifying the
conditions
this provision,
the implementation of
including the determination of “small quantities”.

for

shall not

apply, under

Article 13(1)

4.
specified
conditions, to the entry, into the Community, of plants,
plant products or other objects for use in trials,
for
scientific purposes or for work on varietal selections.
The specified conditions shall be determined in accordance
with the procedure referred to in Article 18(2).

5.
Provided that there is no risk of harmful organisms
spreading in the Community, a Member State may adopt a
derogation that Article 13(1) shall not apply in specified
individual cases to plants, plant products or 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
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,

6.
in technical arrangements made
between the Commission and the competent bodies in

Article 13c

1. (a) The formalities as specified in Article 13a(1), the
inspections as provided for in Article 13b(1) and
the checks for compliance with the provisions of
Article 4 in respect of Annex III shall be carried
out in connection with, as specified in paragraph
2, the formalities required for the placing under a
customs procedure as referred to in Article 13(1) or
Article 13(4).

They shall be carried out in compliance with the
provisions of the International Convention on the
in
Harmonisation of Frontier Controls of Goods,
particular Annex 4 thereof,
approved by
Council Regulation (EEC) No 1262/84 (*).

as

(b) Member

that

States

importers,
shall provide
whether or not producers, of plants, plant
products or other objects, listed in Annex V, Part
B, must be included in an official register of a
Member
registration
number. The provisions of Article 6(5), third and
fourth subparagraphs, shall apply accordingly to
such importers.

official

under

State

an

(c) Member States shall also provide that:

consisting of, or

(i) importers, or their customs representatives, of
containing,
consignments
plants, plant products or other objects,
listed
in Annex V, Part B, shall make reference, on
at least one of the documents required for the
placing under a customs procedure as referred
to such
to in Article 13(1) or Article 13(4)
composition of the consignment by means of
the following information:

— reference

to the
products or other objects,
code of
European Communities (Taric)”,

type of plants, plant
in using the
the

“Integrated tariff of

the

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— statement

“This

consignment

contains
produce of phytosanitary relevance”, or any
equivalent
agreed
alternative mark
between the customs office of point of
entry and the official body of point of entry,

as

— reference number(s) of the required phytos-

anitary documentation,

— official registration number of the importer,

as referred to in (b) above;

(ii) airport authorities, harbour authorities or either
importers or operators, as arranged between
them, give, as soon as they are aware of the
imminent
consignments,
of
advance notice thereof
to the customs office
of point of entry and to the official body of
point of entry.

arrival

such

apply

this provision,
Member States may
land transport,
mutatis mutandis, to cases of
in particular where the arrival
is expected
outside normal working hours of the relevant
official body or other office as specified in
paragraph 2.

2. (a) “Documentary checks” and also the inspections as
provided for in Article 13b(1) and the checks for
compliance with the provisions of Article 4 in
respect of Annex III must be made by the official
body of point of entry or, in agreement between the
responsible official body and the customs auth-
that Member State, by the customs
orities of
office of point of entry.

(b) “Identity checks” and “plant health checks” must be
made, without prejudice to (c) and (d) below, by the
official body of point of entry in connection with
the customs formalities required for placing under a
customs procedure as referred to in Article 13(1) or
Article 13(4), and either at the same place as these
formalities, on the premises of the official body of
point of entry or at any other place close by and
designated or approved by the customs authorities
and by the responsible official body, other than the
place of destination as specified under (d).

in case of

transit of non-Community
(c) However,
the official body of point of entry may
goods,
in agreement with the official body or
decide,
bodies of destination,
the
“identity checks” or “plant health checks” shall be
made by the official body of destination, either on

that all or part of

its premises or at any other place close by and
designated or approved by the customs authorities
and by the responsible official body, other than the
If no
place of destination as specified under (d).
“identity
is made,
such agreement
check” or “plant health check” shall be made by
the official body of the point of entry at either of
the places specified in (b).

entire

the

(d) In accordance with the procedure referred to in
Article 18(2), certain cases or circumstances may
be specified in which “identity checks” and “plant
health checks” may be carried out at the place of
destination, such as a place of production, approved
by the official body and customs authorities
responsible for the area where that place of desti-
the aforesaid other
nation is located,
instead of
and
specific
guarantees
places, provided that
documents as
the transport of plants,
regards
plant products and other objects are complied with.

(e) In accordance with the procedure referred to in
shall be

implementing provisions

Article 18(2),
laid down concerning:

— the minimum conditions for the carrying out of
the “plant health checks” under (b), (c) and (d),

— the

specific
the

and documents

guarantees
transport of

as
the plants, plant
regards
to the places
products or other objects
specified in (c) and (d), to ensure that there is
no risk of harmful organisms spreading during
transport,

— together with the specification of cases under
(d), specific guarantees and minimum conditions
concerning the qualification of
the place of
storage and concerning the
destination for
storage conditions.

(f)

the plant

“health checks” shall be
In all cases,
considered to be an integral part of the formalities
referred to in Article 13(1).

3. Member States shall
lay down that the respective
original, or the electronic form of the certificates or of
the alternative documents other than marks, as specified
in Article 13(1)(ii), which is produced to the responsible
official body for “documentary checks” in accordance with
the provisions of Article 13a(1)(b)(i), upon inspection shall
be marked with a “visa” of that body, together with its
denomination and the date of presentation of
the
document.

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information included in the certificate,

In accordance with the procedure referred to in Article
18(2), a standardised system may be set up to ensure
that
in case of
specified plants intended for planting, shall be forwarded
to the official body in charge of each Member State or area
where plants from the consignment are to be destined or
planted.

The Member States shall forward to the Commission
4.
and the other Member States in writing the list of places
designated as points of entry. Any changes to this list shall
also be forwarded in writing without delay.

The Member States shall establish a list of the places as
specified under 2(b) and 2(c) and places of destinations as
identified under 2(d) under their respective responsibility.
These lists shall be accessible to the Commission.

organisms,
completion of the required customs formalities.

in particular during transport, until

the

There shall be a Community financial contribution to
5.
Member States in order to strengthen inspection infra-
structures in so far as they relate to plant health checks
carried out in accordance with paragraph 2(b) or (c).

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
the measures provided for in
necessary,
paragraph 7, beyond the
level already achieved by
complying with the minimum conditions stipulated in
the implementing provisions pursuant to paragraph 2(e).

to carry out

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.

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

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

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.

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

(a) the type of documents required for the placing under a
customs procedure, on which the information specified
in paragraph 1(c)(i) shall be made,

(b) the cooperation between:

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

body of destination,

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

office of point of entry,

(iii) the official body of destination and the customs

office of destination, and

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

office of destination.

Those rules shall include model forms of documents to
be used in that cooperation, the means of transmission
of these documents, the procedures for exchange of
information between the official bodies and offices
above, as well as the measures which must be taken
to maintain the identity of the lots and consignments
and to safeguard against the risk of spreading harmful

concerning

financial
Detailed rules
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
State concerned and, where appropriate, of the results of
investigations
the Commission's
authority by the experts referred to in Article 21, and
depending on the
the
appropriations
purposes concerned.

available

carried

under

out

for

6.
Article 10(1) and (3) shall apply mutatis mutandis 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
referred to in Article 13(1), that the conditions laid down
therein are fulfilled.

is not considered on the basis of

7. Where it
the
formalities referred to in Article 13(1), that the conditions
the
laid down therein are fulfilled, one or more of
following official measures shall be taken immediately:

(a) refusal of entry into the Community of all or part of

the consignment,

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(b) movement, under official supervision,

in accordance
with the appropriate customs procedure, during their
movement within the Community, to a destination
outside the Community,

In accordance with the procedure
the intercepted one.
referred to in Article 18(2), a standardised information
system may be set up.

infected/infested

produce

from the

(c) removal

of
consignment,

(d) destruction,

(e)

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

(f) exceptionally and only in specific

circumstances,
appropriate treatment where it is considered by the
responsible official body of the Member State that, as
a result of the treatment, the conditions will be fulfilled
and the risk of
is
obviated; the measure of appropriate treatment may
also be taken in respect of harmful organisms not
listed in Annex I or Annex II.

spreading harmful organisms

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

In the case of a refusal referred to in (a) or movement to a
destination outside the Community referred to in (b) or of
a removal referred to in (c), the Member States shall lay
down that the phytosanitary certificates or the phytos-
anitary certificates for re-export, and any other document
which have been produced when the plants, plant
products or other objects were submitted for introduction
into their territory, be cancelled by the responsible official
body. Upon cancellation, the said certificates or documents
shall bear on their face and in a prominent position a
triangular stamp in red, marked “certificate cancelled” or
“document cancelled” from the said official body, together
with its denomination and the date of refusal, of the start
of the movement to a destination outside the Community
or of removal. It shall be in capital letters, and in at least
one of the official languages, of the Community.

the

prejudice

notifications

8. Without
and
to
information required under Article 16, Member States
shall ensure that
the responsible official bodies inform
the plant protection organisation of the third country of
origin or consignor third country and the Commission of
all cases where plants, plant products or other objects
coming from the relevant third country have been inter-
plant
cepted
health
complying with
requirements,
interception,
without prejudice to the action which the Member State
the intercepted
may take or has taken in respect of
consignment. The information shall be given as soon as
possible
the plant protection organisations
concerned and, where appropriate, also the Commission,
may study the case with a view, in particular, to taking the
steps necessary to prevent further occurrences similar to

reasons of

and the

so that

as not

the

the

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

Article 13d

1. Member States shall ensure the collection of
fees
(Phytosanitary fee) to cover the costs occasioned by the
identity checks and plant health
documentary checks,
checks provided for in Article 13a(1), which are carried
out pursuant
to Article 13. The level of the fee shall
reflect:

(a) the salaries, including social security, of the inspectors

involved in the above checks;

(b) the office, other facilities,

tools and equipment

for

these inspectors;

(c) the sampling for visual

inspection or for laboratory

testing;

(d) laboratory testing;

(e) the

activities

required for

administrative

(including operational
overheads)
checks
concerned effectively, which may include the expen-
diture required for pre- and in-service training of
inspectors.

carrying out

the

2. Member States may either set the level of the Phytos-
anitary fee on the basis of a detailed cost calculation
carried out in accordance with paragraph 1, or apply the
standard fee as specified in Annex VIIIa.

When, pursuant to Article 13a(2), for a certain group of
plants, plant products or other objects originating in
identity checks and plant health
certain third countries,
checks are being carried out at
reduced frequency,
Member States
shall collect a proportionally reduced
Phytosanitary fee from all consignments and lots of that
group, whether subjected to inspection or not.

In accordance with the procedure referred to in Article
18(2), implementing measures may be adopted to specify
the level of this reduced Phytosanitary fee.

3. When the Phytosanitary fee is set by a Member State
on the basis of the costs borne by the responsible official
body of that Member State, the Member States concerned
shall communicate to the Commission reports specifying
the method for calculating the fees in relation to the
elements listed in paragraph 1.

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Any fee imposed in accordance with the first subparagraph
shall be no higher than the actual cost borne by the
responsible official body of the Member State.

(d) the following point (e) shall be added:

‘(e)

“amendments to Annex VIIIa”.’.

4.
No direct or indirect refund of the fees provided for
in this Directive shall be permitted. However the possible
application by a Member State of
the standard fee as
specified in Annex VIIIa shall not be considered an
indirect refund.

5.
The standard fee as specified in Annex VIIIa is
without prejudice to extra charges to cover additional
costs incurred in special activities relating to the checks,
travelling by inspectors or waiting
such as exceptional
periods of
inspectors due to delays in the arrival of
consignments out of schedule, checks carried out outside
or
normal working
laboratory testing required in addition to those provided
for in Article 13 for confirmation of conclusions drawn
from the
as
required under Community acts based on Articles 15 or
to Article 13c(7), or the
16, measures taken pursuant
translation of required documents.

special phytosanitary measures

supplementary

checks,

checks

hours,

States

authorities
6. Member
empowered to charge the Phytosanitary fee. The fee shall
be payable by the importer, or his customs representatives.

shall designate

the

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

Article 13e

“Phytosanitary certificates” and “phytosanitary certificates
for
the
re-export”, which Member States issue under
IPPC shall be in the format of the standardised model
given in Annex VII’.

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

as follows:

(a) the terms ‘Article 17’ shall be replaced by the terms

‘Article 18(2)’;

(b) in point (c), the words ‘in agreement with the Member
State concerned’ shall be replaced by ‘in consultation
with the Member State concerned’;

(c) point (d) shall be replaced by the following:

‘(d) any
amendment to the Annexes to be made in the light of
developments in scientific or technical knowledge, or
when technically justified, consistent with the pest risk
involved’;

10. Article 15 shall be amended as follows:

(a)

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

In accordance with the procedure referred to in

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

— 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 requirements referred to in Annex
IV, Part A, Section I and Annex IV, Part B,

— from Article 13(1)(ii)

if
equivalent safeguards are ensured by means of
alternative documentation or marking,’

in the case of wood,

(b) paragraphs 2 and 3 shall be replaced by the following

paragraphs 2, 3 and 4:

country

‘2.
In accordance with the procedures referred to in
the first subparagraph of paragraph 1, phytosanitary
measures adopted by a third country for export into
the 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
the
objectively
third
Community that its measures achieve the Community's
appropriate level of phytosanitary protection and if
this is confirmed by the conclusions resulting from
findings made on the occasion of reasonable access
of the experts referred to in Article 21 for inspection,
testing and other relevant procedures in the relevant
third country.

demonstrates

to

Upon request by a third country, the Commission will
enter into consultations with the aim of achieving
bilateral or multilateral 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 in writing by the exporting
country for each individual case of use, and shall set
out
the official statement confirming
compliance.

the details of

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Decisions referred to in paragraph 3 shall specify
4.
whether or
in what manner Member States shall
inform the other Member States and the Commission
of each individual case of use or groups of cases of
use.’;

11. Article 16 shall be amended as follows:

The period laid down in Article 5(6) of Decision
1999/468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

___________
(*) OJ L 340, 9.12.1976, p. 25.’;

(a)

in paragraph 1,
the first
subparagraph, the words ‘in writing’ shall be inserted
between the words ‘notify and’ the ‘Commission’;

in the first sentence of

14. Article 19 shall be deleted;

15. Article 21 shall be amended as follows:

(b) in paragraph 2, in the first sentence of the first and
third subparagraphs, the words ‘in writing’ shall be
inserted
‘the
the words
Commission’;

between

‘notify’

and

(c)

in paragraph 3, in the third sentence, the words ‘based
on a pest risk analysis or a preliminary pest risk
analysis in cases referred to in paragraph 2’ shall be
inserted between ‘measures’ and ‘may be adopted’, and
the terms ‘Article 19’ shall be replaced by ‘Article
18(2)’;

(d) the following paragraph 5 shall be added:

of

pending

If the Commission has not been informed of
‘5.
it
measures taken under paragraphs 1 or 2, or if
it
considers the measures taken to be inadequate,
Standing
the
the meeting
may,
Committee on Plant Health,
take interim protective
measures based on a preliminary pest risk analysis to
eradicate, or if that is not possible, inhibit the spread
of the harmful organism concerned. 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 referred to in Article 18(2).’;

12. Article 17 shall be deleted;

13. Article 18 shall be replaced by the following:

‘Article 18

1.
The Commission shall be assisted by the Standing
Committee on Plant Health instituted by Council
Decision 76/894/EEC (*) hereafter
“the
Committee”.

referred to as

(a) paragraph 3 shall be replaced by the following:

The checks referred to in paragraph 1 may be

‘3.
carried out in respect of the following tasks:

— monitoring examinations pursuant to Article 6,

— carrying out the official checks pursuant to Article

12(3),

— monitoring or, within the

framework of

the
provisions laid down in the fifth subparagraph of
paragraph 5, carrying out in cooperation with the
Member States
to Article
13(1),

inspections pursuant

— carrying out or monitoring the activities specified
in the technical arrangements referred to in Article
13b(6),

— making the investigations referred to in Article

15(1), 15(2) and Article 16(3),

— monitoring activities required under the provisions
establishing the conditions under which certain
harmful organisms, plants, plant products or
other objects may be introduced into, or moved
within, the Community or certain protected zones
thereof, for trial or scientific purposes or for work
on varietal selection referred to in Articles 3(9),
4(5), 5(5) and 13b(4),

— monitoring activities required under authorisations
granted pursuant
to Article 15, under measures
taken by Member States pursuant to Article 16(1)
to
or (2), or under measures adopted pursuant
Article 16(3) or (5),

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

— assisting the Commission in the matters referred to

in paragraph 6,

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— carrying out any other duty assigned to the experts
in the detailed rules referred to in paragraph 7,’;

‘The amounts to be refunded under paragraph 3 shall be
fixed in accordance with the procedure referred to in
Article 18(2).’;

(b) in paragraph 5,

in the second subparagraph,

following sentence shall be added after
sentence:

the
the third

‘This provision shall not apply to expenses resulting
from the following types of requests made on the
occasion of the participation of the said experts in
laboratory
the Member States'
testing and sampling for visual
for
laboratory testing, and already covered by the fees
referred to in Article 13d.’;

inspection or

inspections:

import

16. In Article 24(3),

the following subparagraph shall be

added:

17. In Articles 25 and 26, the respective references to ‘Article

13(9)’ shall be replaced by ‘Article 13c(5).’;

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

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

‘B. Model phytosanitary certificate for re-export’.

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

19. The following Annex VIIIa shall be inserted in the Directive after Annex VIII:

‘ANNEX VIIIa

The standard fee referred to in Article 13d(2) shall be set at the following levels:

Item

Quantity

(in EUR)

Price

(a) for documentary checks

(b) for identity checks

Per consignment

Per consignment

— up to a size of a truck load, a railway
wagon load or the load of a container of
comparable size

— bigger than the above size

(c) for plant health checks, in accordance with

the following specifications:

— cuttings,seedlings (except forestry repro-
of

ductive material),
young
strawberries or of vegetables

plants

— shrubs, trees (other than cut Christmas
nursery
plants
reproductive material

other woody

trees),
including forest
(other than seed)

— bulbs, corms, rhizomes, tubers, intended
than tubers of
(other

for planting
potatoes)

— seeds, tissue cultures

Per consignment

— up to 10 000 in number

— for each additional 1 000 units

— maximum price

Per consignment

— up to 1 000 in number

— for each additional 100 units

— maximum price

Per consignment

— up to 200 kg of weight

— for each additional 10 kg

— maximum price

Per consignment

— up to 100 kg of weight

— for each additional 10 kg

— maximum price

7

7

14

17,5

0,7

140

17,5

0,44

140

17,5

0,16

140

7,5

0,175

140

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Item

Quantity

— other plants intended for planting, not

Per consignment

specified elsewhere in this table

— cut flowers

— up to 5 000 in number

— for each additional 100 units

— maximum price

Per consignment

— up to 20 000 in number

— for each additional 1 000 units

— maximum price

— branches with foliage, parts of conifers

Per consignment

(other than cut Christmas trees)

— cut Christmas trees

— up to 100 kg of weight

— for each additional 100 kg

— maximum price

Per consignment

— up to 1 000 in number

— for each additional 100 units

— maximum price

— leaves of plants, such as herbs, spices and

Per consignment

leafy vegetables

— up to 100 kg of weight

— for each additional 10 kg

— maximum price

— fruits,

vegetables

(other

than

leafy

Per consignment

vegetables)

— up to 25 000 kg of weight

— for each additional 1 000 kg

— tubers of potatoes

Per lot

— up to 25 000 kg of weight

— for each additional 25 000 kg

— wood (other than bark)

Per consignment

— up to 100 m3 of volume

— for each additional m3

— soil and growing medium, bark

Per consignment

— grain

— up to 25 000 kg of weight

— for each additional 1 000 kg

— maximum price

Per consignment

— up to 25 000 kg of weight

— for each additional1 000 kg

— maximum price

— other plants or plant products not

Per consignment

specified elsewhere in this table

Price

17,5

0,18

140

17,5

0,14

140

17,5

1,75

140

17,5

1,75

140

17,5

1,75

140

17,5

0,7

52,5

52,5

17,5

0,175

17,5

0,7

140

17,5

0,7

700

17,5

L 355/60

EN

Official Journal of the European Communities

30.12.2002

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.’

20. When in any provision other than those amended in paragraph 1 to 18 reference is made to ‘in
accordance with the procedure laid down in Article 17’ or to ‘in accordance with the procedure laid
down in Article 18’, these words shall be replaced by the words ‘in accordance with the procedure
referred to in Article 18(2).’

Article 2

Member States shall adopt and publish before 1 January 2005, the provisions necessary to comply with
this Directive. They shall forthwith inform the Commission thereof.

They shall apply those provisions from 1 January 2005.

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. The methods of making
such a reference shall be laid down by the Member States.

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.

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

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 28 November 2002.

For the Council

The President

M. FISCHER BOEL