Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks
Date: 2004-10-07
Institutions: European Commission
Subjects: plant health control, protection of plant life, surveillance concerning imports

L 313/16

EN

Official Journal of the European Union

12.10.2004

COMMISSION DIRECTIVE 2004/103/EC

of 7 October 2004

on identity and plant health checks of plants, plant products or other objects, listed in Part B of
Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point
of entry into the Community or at a place close by and specifying the conditions related to these
checks

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

of transmission of these documents and the procedures
for exchange of information.

Having regard to the Treaty
Community,

establishing the European

(7)

Having regard to 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
their spread within the Community (1), and in
and against
particular Articles 13c(2)(d) and 13c(2)(e) and the fourth and
fifth subparagraphs of Article 13c(4) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Pursuant to Directive 2000/29/EC, plants, plant products
or other objects listed in Part B of Annex V, thereto,
coming from third countries, should in principle be
the
subjected to identity and plant health checks at
point of entry into the Community, or at a place close
by.

In case of transit of non-Community goods these identity
and plant health checks may also be carried out on the
premises of the official body of destination or at any
other place close by;
these
checks may be carried out at the place of destination,
such as a place of production, as long as specific guar-
antees and documents as regards the transport of plants,
plant products or other objects are provided.

in certain other cases,

It is necessary to specify the cases in which identity and
plant health checks may be carried out at the place of
destination.

To ensure that there is no risk of harmful organisms
spreading during transport, provisions or specific guar-
antees and documents, as regards the transport, should
be laid down.

Minimum conditions for the carrying out of the identity
and plant health checks should be laid down as regards
technical
requirements applicable to the responsible
official bodies in charge of the inspection at places of
destination as well
and
equipment enabling the said responsible official bodies
to carry out identity and plant health checks.

facilities,

regards

tools

as

It is necessary to lay down detailed rules concerning the
responsible bodies and
cooperation between official
customs
of
the model
including
offices,
documents to be used in that cooperation, the means

forms

The measures provided for
accordance with
Committee on Plant Health,

the

in this Directive are in
Standing
the

of

opinion

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.
This Directive shall apply to plants, plant products or
other objects coming from third countries, listed in Part B of
Annex V to Directive 2000/29/EC (hereinafter referred to as
‘products concerned’). In the cases and circumstances defined
by this Directive, Member States may lay down that
those
inspections
referred to in Article 13a(1)(b)(ii) and (iii) of
Directive 2000/29/EC on the products concerned may be
carried out at another place.
In the case of transit of non-
Community goods referred to in Article 13c(2)(c) of Directive
2000/29/EC, the inspection may take place at the premises of
the official body of destination, or at any place close by, when
the conditions referred to in paragraph 2 are met.
In cases
referred to in Article 13c(2)(d) of Directive 2000/29/EC, the
inspection may take place at the place of destination such as
a place of production, when the conditions referred to in
paragraph 2 are met.

2.

The conditions referred to in paragraph 1 shall be:

the point of entry and of
(a) when the official bodies of
agreement
appropriate by
destination, decide, where
between the responsible official bodies of
the Member
States, that identity checks and plant health checks (here-
inafter referred to as ‘checks’) could more meticulously be
carried out at a place other than the point of entry into the
Community or at a place close by

and

(hereinafter

(b) when any importer or other person responsible for the
places or the premises where the checks are to be carried
‘the applicant’) of a
out
the products concerned has
consignment composed of
the approval, through an approval procedure defined in
Article 2(2) for checks to be carried out at ‘an approved
place of inspection’ which is either:

referred to as

— in the case of transit of non-Community goods referred
to in Article 13c(2)(c) of Directive 2000/29/EC, at

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

last amended by
Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).

— the premises of the official body of destination, or

12.10.2004

EN

Official Journal of the European Union

L 313/17

— a place close by those premises and designated or
approved by the customs authorities and by the
responsible official body, or

— in the cases referred to in Article 13c(2)(d) of Directive

2000/29/EC, at

— a place of destination approved by the official body
and the customs authorities responsible for the area
where that place of destination is located

and

(c) when specific guarantees and documents as regards the
transport of a consignment composed of
the products
concerned (hereinafter referred to as ‘the consignment’),
to the approved place of inspection are met, and, where
appropriate, minimum conditions concerning the storage
of these products on these places of inspection are fulfilled.

The

3.
conditions referred to in paragraph 2(c) shall be:

guarantees,

documents

specific

and minimum

(a)

(b)

(c)

(d)

the consignment or

the packaging of
the means of
transport used for this consignment shall be closed or
sealed in such a way that the products concerned cannot
cause infestation or infection during their transport to the
approved place of inspection and will be such that their
identity will remain unchanged. In duly reasoned cases the
relevant official bodies of the Member States may allow
consignments which are not closed or sealed, provided
that the products concerned cannot cause infestation or
infection during their transport to the approved place of
inspection;

the consignment shall be sent to the approved place of
inspection. No change of
inspection is
allowed, except following approval by the relevant official
bodies of the point of entry and of the requested desti-
nation, and the customs authorities responsible for the area
where the requested place of inspection is located;

the place of

the consignment shall be accompanied by a ‘Plant health
movement document’, without prejudice to the certificates
prescribed in Article 13(1) of Directive 2000/29/EC, and
contain the required information in accordance with the
model in the Annex to this Directive; the document shall
be completed by typing or in handwritten legible capital
letters or by electronic means in agreement with the
relevant official bodies of point of entry and of destination
and shall be in at least one of the official languages of the
Community;

the relevant headings of
paragraph 3(c)
importer of
the relevant official body of point of entry;

referred to in
shall be filled in and signed by the
the consignment under the supervision of

the document

Community goods and from consignments infested or
suspected to be infested by harmful organisms.

Article 2

1. Member States shall ensure that an approval procedure be
established as specified in paragraphs 2, 3 and 4 to evaluate,
and where appropriate to approve, the suitability in phytosa-
nitary terms, of carrying out checks at places proposed as
approved places of inspection.

The procedure referred to in paragraph 1 shall

2.
indicate
that, if the checks are to be carried out at approved places of
inspection, any applicant shall apply to the responsible official
bodies in charge of carrying out such checks, requesting that
checks be carried out at places mentioned in the request.

3.
The application shall include a technical dossier supplying
the information necessary for evaluating the suitability of
inspection, and
proposed places as an approved place of
covering, in particular:

(a)

information relating to the products concerned intended to
be imported and the places in which the imported products
concerned will be stored or kept awaiting the final results of
the checks, and in particular how separation referred to in
Article 1(3)(e) is to be secured, and

(b) where appropriate, when the products

concerned are
intended for a person to whom the status of ‘authorised
consignee’ was granted and fulfil the conditions laid down
in Article 406 of Commission Regulation (EEC) No
2454/93 (1) or when the places concerned are subject to
an authorisation as referred to in Article 497 of the said
Regulation, relevant evidence thereof.

4. Member States shall ensure that the application referred to
in paragraph 2 shall be recorded and that
the responsible
official bodies shall:

(a) examine the information supplied in the application;

places of

inspection, which

(b) evaluate the suitability for carrying out checks at

the
proposed
fulfil
minimum requirements which are at least those laid down
in paragraph 3(b) and (c) of the Annex to Commission
Directive 98/22/EC (2), or any further requirements which
the Member States may impose in a non-discriminatory
manner and which are justified in order to allow efficient
inspections;

should

(c) respond to the applicant by either:

(i)

indicating that the application is acceptable and that the
places concerned are designated as approved place of
inspection, or

(ii) indicating that the application is not acceptable and the

reason therefore.

5. Member States shall keep and make available to the
the
Commission and to the Member States on request,
updated list of the approved places of inspection.

(e)

in the cases referred to in paragraph 2(b), second indent,
the storage of the consignment at the approved place of
inspection shall be such that it is separated from both

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(2) OJ L 126, 28.4.1998, p. 26.

L 313/18

EN

Official Journal of the European Union

12.10.2004

6. Member States shall ensure that the responsible official
bodies shall take the necessary measures if it is found that
there are elements which would militate against the proper
functioning of carrying out checks at the approved places of
inspection situated in their territory.

Member States shall notify the Commission and the Member
States concerned of all significant cases of non-compliance with
the conditions which apply to an approved place of inspection.

Article 6

1. Member States shall ensure cooperation, where applicable,
between:

(a)

the official body of point of entry and the official body of
destination

Article 3

and

the

that

shall

ensure

Member States
the
consignments for which it was decided that checks of these
consignments may be carried out at an approved place of
inspection,
to the following obligations,
without prejudice to those already laid down in Commission
Directive 92/90/EEC (1):

shall be subject

importer of

(a)

the importer shall notify the introduction of the products
concerned sufficiently in advance to the relevant official
body of destination, which notification shall contain in
particular:

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

point of entry

and

(c)

the official body of destination and the customs office of
destination

and

(i)

(ii)

(iii)

(iv)

(v)

(vi)

the name, address and the location of the approved
place of inspection;

(d) the official body of point of entry and the customs office of

destination

the scheduled date and time of arrival at the approved
place of inspection of the products concerned;

if available, the individual serial number of the Plant
health movement document
referred to in Article
1(3)(c);

if available,
health movement document
1(3)(c) was drawn up;

the date and place at which the Plant
referred to in Article

the name,
number of the importer;

the address and the official registration

the reference number of the phytosanitary certificate
and/or phytosanitary certificate for re-export, or any
other required phytosanitary document;

by means of exchange of relevant information on the plants,
plant products or other objects intended to be imported, their
packaging and means of transport in written or electronic form
using the Plant health movement document referred to in
Article 1(3)(c).

2.
If the point of entry into the Community of the products
concerned and the approved place of inspection are situated in
different Member States, the consignment may be sent to and
the checks may be carried out at an approved place of
an agreement between the
inspection on the basis of
responsible official bodies of
the Member States concerned.
Evidence of
the agreement between the responsible official
bodies of the Member States concerned shall be recorded on
the Plant health movement document.

(b) the importer shall notify to the relevant official body of
information

destination any
supplied pursuant to subparagraph (a).

changes

regards

the

as

Article 4

Member States shall ensure that the checks of the products
concerned carried out at
inspection
satisfy minimum conditions which are at
those laid
down in paragraphs 1, 2 and 3(a) of the Annex to Directive
98/22/EC, or any further requirements which the Member States
may impose in a non-discriminatory manner and which are
justified in order to allow efficient inspections.

the approved place of
least

Article 5

Member States may lay down additional requirements deemed
necessary to designate a proposed place as an approved place of
inspection.

(1) OJ L 344, 26.11.1992, p. 38.

3.
After the products have been inspected at the approved
place of inspection, the official body of destination shall certify
on the Plant health movement document, using a service stamp
and a date, that the relevant identity and plant health checks
referred to in Article 13a(1)(b)(ii)
and (iii) of Directive
2000/29/EC have been carried out. The final outcome of
these checks shall be shown in the box headed ‘Decision’.
This provision applies, mutatis mutandis,
the documentary
checks
of Directive
to
2000/29/EC have also been complied with.

if
13c(2)(a)

in Article

referred

responsible for

If the outcome of the checks referred to in paragraph 3 is
4.
‘Release’, the consignment and the accompanying Plant health
movement document shall be presented to the customs autho-
the ‘approved place of
rities
the area of
inspection’ enabling the consignment to be placed under the
relevant customs procedure referred to in Article 13(1) of
Directive 2000/29/EC. The Plant health movement document
shall no longer be required to accompany the consignment
and this document or a copy thereof shall be kept for at least
one year by the official body of point of destination.

12.10.2004

EN

Official Journal of the European Union

L 313/19

If the outcome of the checks referred to in paragraph 3
5.
leads to the obligation to move the products concerned within
the Community to a destination outside the Community, they
shall remain under Customs supervision until the re-export of
the products has taken place.

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

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

Article 7

Article 9

This Directive shall be reviewed by 1 January 2007 at the latest.

Article 8

the latest

1. Member States shall adopt and publish by 31 December
2004 at
the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

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

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 10

This Directive is addressed to the Member States.

Done at Brussels, 7 October 2004.

For the Commission

David BYRNE
Member of the Commission

L 313/20

EN

Official Journal of the European Union

12.10.2004

ANNEX