Commission Directive 2004/105/EC of 15 October 2004 determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC
Date: 2004-10-15
Institutions: European Commission
Subjects: customs document, customs regulations, export licence, plant health control, re-export

20.10.2004

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Official Journal of the European Union

L 319/9

COMMISSION DIRECTIVE 2004/105/EC

of 15 October 2004

determining the models of official phytosanitary certificates or phytosanitary certificates for
re-export accompanying plants, plant products or other objects from third countries and listed in
Council Directive 2000/29/EC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

the models specified in the Annex to the IPPC, as
amended in 1997.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2000/29/EC of 8 May 2000
the introduction into the
on protective measures against
Community of organisms harmful to plants or plant products
their spread within the Community (1) and in
and against
particular Article 13a(4)(a) thereof,

Whereas:

(1)

(2)

(3)

(4)

Under Directive 2000/29/EC, plants, plant products or
other objects listed in that Directive, coming from third
countries, are in principle to be accompanied by the
original of the required official ‘phytosanitary certificate’
or ‘phytosanitary certificate for re-export’ (certificates).

The International Plant Protection Convention (IPPC) of
6 December 1951 concluded at the United Nations Food
and Agricultural Organisation (FAO)
in its
certificates providing a standard
Annex models of
wording and format
that should be followed for the
preparation and issue of certificates.

specifies

The IPPC was significantly amended in 1979 and 1997.
As a consequence of those amendments different models
of the certificates were approved to accompany plants,
plant products and other objects when moving in inter-
national traffic.

Although the amendments of the IPPC in 1997 have not
yet entered into force, Resolution 12/97 of the 29th
session of the Conference of the FAO allowed the use
of
the amended certificates as an alternative and on
voluntary basis among Contracting Parties to the IPPC
that accept
It appeared that many Contracting
Parties to the IPPC already use the certificates based on

them.

(5)

(6)

(7)

The models of certificates to accompany plants, plant
products
the
objects
Community should be determined.

other

entry

into

for

or

National plant protection organisations usually stock up
certificates in large quantities.
It is appropriate to lay
down rules for the use of certificates based on the
models specified in the Annex to IPPC, as amended in
1979, during a transitional period.

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

For

the purposes of Article 13(1)(ii) of Directive
1.
‘phytosa-
2000/29/EC, the Member States shall accept official
nitary certificates’ or ‘phytosanitary certificates for re-export’
(certificates) accompanying plants, plant products or other
objects listed in Part B of Annex V to Directive 2000/29/EC
coming from contracting third countries to the International
Plant Protection Convention (IPPC) which are
issued in
accordance with the models as specified in Annex I.

2. Member States shall only accept the certificates referred to
in paragraph 1 provided that they have been completed taking
into account the FAO International Standard for Phytosanitary
Measures No 12 on Guidelines for phytosanitary certificates.

Article 2

(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 Member States shall accept certificates issued in accordance
with the models as specified in Annex II, until 31 December
2009.

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Article 3

Article 4

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

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.

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.

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 15 October 2004.

For the Commission

David BYRNE
Member of the Commission

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ANNEX I

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ANNEX II

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