Proposal for a Council Directive on control of San José Scale (Codified version)
Date: 2006-03-16
Institutions: European Commission
Subjects: EC Directive, codification of EU law, drafting of EU law, fruit-growing, insect, plant disease, plant health control

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2006 
COM(2006) 123 final 

2006/0040 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE  

on control of San José Scale 

(Codified version) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 69/466/EEC of 8 December 1969 on control of San José Scale3. The new 
Directive  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

EN 

2 

   EN 

 
                                                 
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive  69/466/EEC  and  the  instrument  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex II to the codified Directive. 

EN 

3 

   EN 

 
(cid:208) 69/466/EEC (adapted) 

2006/0040 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE  

on control of San José Scale 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
⌦ 37 ⌫ and ⌦ 94 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas : 

(1) 

Council Directive 69/466/EEC of 8 December 1969 on control of San José Scale3 has 
been  substantially  amended4.  In  the  interests  of  clarity  and  rationality  the  said 
Directive should be codified. 

(cid:208)  

(2) 

The production of woody dicotyledonous plants and their fruit occupies an important 
place in Community agriculture. 

(cid:208) 69/466/EEC Recital 1 

(3) 

The yield of that production is constantly threatened by harmful organisms. 

(cid:208) 69/466/EEC Recital 2 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 323, 24.12.1969, p. 5. Directive as amended by Directive 77/93/EEC (OJ L 26, 31.1.1977, p. 20). 
See Annex I, Part A. 

EN 

4 

   EN 

 
 
 
 
 
                                                 
(4) 

Through the protection of such plants against such harmful organisms, not only should 
productive capacity be maintained but also agricultural productivity increased. 

(cid:208) 69/466/EEC Recital 3 

(5) 

Protective measures to prevent the introduction of harmful organisms into individual 
Member States would have only a limited effect if such organisms were not controlled 
simultaneously and methodically throughout the Community and were not prevented 
from spreading. 

(cid:208) 69/466/EEC Recital 4 

(6) 

One of the organisms most harmful to woody dicotyledonous plants is San José Scale 
(Quadraspidiotus perniciosus Comst.). 

(cid:208) 69/466/EEC Recital 5 

(7) 

This  pest  has  occurred  in  several  Member  States  and  there  are  contaminated  areas 
within the Community. 

(cid:208) 69/466/EEC Recital 6 

(8) 

There  is  a  permanent  risk  to  the  cultivation  of  woody  dicotyledonous  plants 
throughout the Community if effective measures are not taken to control this pest and 
prevent it from spreading. 

(cid:208) 69/466/EEC Recital 7 

(9) 

To  eradicate  this  pest,  minimum  provisions  ⌦ should ⌫  be  adopted  for  the 
Community.  Member  States  ⌦ should ⌫  be  able  to  adopt  additional  or  stricter 
provisions where necessary. 

(cid:208) 69/466/EEC Recital 8 (adapted) 

(10)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex I, Part B, 

(cid:208)  

EN 

5 

   EN 

 
 
 
 
 
 
 
 
HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 69/466/EEC 

Article 1 

This  Directive  concerns  the  minimum  measures  to  be  taken  within  the  Member  States  to 
control  San  José  Scale  (Quadraspidiotus  perniciosus  Comst.)  and  to  prevent  it  from 
spreading. 

(cid:208) 69/466/EEC (adapted) 

Article 2 

For the purposes of this Directive ⌦, the following definitions shall apply ⌫ : 

(a) 

(b) 

(c) 

‘plants’  means  live  plants  and  live  parts  of  plants  with  the  exception  of  fruit  and 
seeds; 

‘contaminated plants or fruit’ means plants or fruit on which one or more San José 
Scale insects are found, unless it is confirmed that they are dead; 

‘San José Scale host plants’ means plants of the genera Acer L., Cotoneaster Ehrh., 
Crataegus  L.,  Cydonia  Mill.,  Euonymus  L.,  Fagus  L.,  Juglans  L.,  Ligustrum  L., 
Malus Mill., Populus L., Prunus L., Pyrus L., Ribes L., Rosa L., Salix L., Sorbus L., 
Syringa L., Tilia L., Ulmus L., Vitis L.; 

(d) 

‘nurseries’ means plantations in which plants intended for transplanting, multiplying 
or distributing as individually rooted plants are grown. 

(cid:208) 69/466/EEC 

Article 3 

When  an  occurrence  of  San  José  Scale  is  recorded,  Member  States  shall  demarcate  the 
contaminated area and a safety zone large enough to ensure the protection of the surrounding 
areas. 

EN 

6 

   EN 

 
 
 
 
(cid:208) 69/466/EEC (adapted) 

Article 4 

The Member States shall provide that, in contaminated areas and safety zones, San José Scale 
host  plants  ⌦ shall ⌫  be  appropriately  treated  to  control  this  pest  and  prevent  it  from 
spreading. 

The Member States shall provide that: 

Article 5 

(a) 

(b) 

(c) 

all contaminated plants in nurseries ⌦ shall ⌫ be destroyed; 

all  other  plants  which  are  contaminated  or  suspected  of  being  contaminated  and 
which are growing in a contaminated area ⌦ shall ⌫ be treated in such a way that 
those plants and the fresh fruit therefrom are no longer contaminated when moved; 

all rooted San José Scale host plants growing within a contaminated area, and parts 
of  such  plants  which  are  intended  for  multiplication  and  are  produced  within  that 
area, may be replanted within the contaminated area or transported away from it only 
if they have not been found to be contaminated and if they have been treated in such 
a way that any San José Scale insects which might still be present are destroyed. 

(cid:208) 69/466/EEC 

Article 6 

The  Member  States  shall  ensure  that  in  the  safety  zones  San  José  Scale  host  plants  are 
subjected to official supervision and are inspected at least once a year in order to detect any 
occurrence of San José Scale. 

(cid:208) 69/466/EEC (adapted) 
(cid:206)1 77/93/EEC Art. 19(a) 

Article 7 

(cid:206)1 1.  The Member States shall provide that in any batch of plants (other than those that 
are  rooted  in  the  ground)  and  fresh  fruit  within  which  contamination  has  been  found,  the 
contaminated plants and fruit ⌦ shall ⌫ be destroyed and the other plants and fruit in the 
batch treated or processed in such a way that any San José Scale insects which might still be 
present are destroyed. 

EN 

7 

   EN 

 
 
 
 
2. Paragraph 1 shall not apply to slightly contaminated ⌦ batches ⌫ of fresh fruit. 

(cid:208) 77/93/EEC Art. 19(a) (adapted) 

(cid:208) 69/466/EEC 

Article 8 

The Member States shall revoke the measures taken to control San José Scale or to prevent it 
from spreading only if San José Scale is no longer found to be present. 

The Member States shall prohibit the holding of San José Scale. 

Article 9 

(cid:208) 69/466/EEC (adapted) 
(cid:206)1 77/93/EEC Art. 19(b) 

1. Member States may authorise: 

Article 10 

(a) 

(b) 

(c) 

in  Articles  4  ⌦ and ⌫  5, 
derogations  from 
(cid:206)1 ⌦ Article ⌫ 7(1)   and  ⌦ Article ⌫  9  for  scientific  and  phytosanitary 
purposes, tests and selection work; 

the  measures  referred 

to 

from  ⌦ point 
by  way 
(cid:206)1 ⌦ Article ⌫ 7(1) , the immediate processing of contaminated fresh fruit; 

of ⌫  Article 

derogation 

(b) 

of 

5 

and 

by  way  of  derogation  from  ⌦ point  (b)  of ⌫  Article  5  and  (cid:206)1 ⌦ Article ⌫ 
7(1) , the movement of contaminated fresh fruit within the contaminated area. 

2. The Member States shall ensure that the authorisations ⌦ provided for ⌫ in paragraph 1 
are granted only where adequate controls guarantee that they do not prejudice the control of 
San José Scale and create no risk of the spread of this pest. 

(cid:208) 69/466/EEC 

Article 11 

Member States may adopt such additional or stricter provisions as may be required to control 
San José Scale or to prevent it from spreading. 

EN 

8 

   EN 

 
 
 
 
 
(cid:208)  

Article 12 

Directive  69/466/EEC,  as  amended  by  the  Directive  listed  in  Annex  I,  Part  A,  is  repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex I, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

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

Article 13 

(cid:208) 69/466/EEC Art. 13 

Article 14 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

EN 

9 

   EN 

 
 
 
 
 
(cid:207) 

ANNEX I 

Part A 

Repealed Directive with its amendment 
(referred to in Article 12) 

Council Directive 69/466/EEC 
(OJ L 323, 24.12.1969, p. 5) 

Council Directive 77/93/EEC 
(OJ L 26, 31.1.1977, p. 20)  

Article 19 only 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 12) 

Directive 

Time-limit for transposition 

69/466/EEC (1) 

9 December 1971  

77/93/EEC (2) (3) (4) 

1 May 1980 

(1) 

(2) 

(3) 

(4) 

For Ireland and the United Kingdom : 1 July 1973. 

In  accordance  with  the  procedure  laid  down  in  Article  16  of  Directive  77/93/EEC, 
Member  States  may  be  authorised,  on  request,  to  comply  with  certain  of  the 
provisions  of  this  Directive  by  a  date  later  than  1  May  1980,  but  not  later  than 
1 January 1981. 

For Greece : 1 January 1983. 

For Spain and Portugal : 1 March 1987. 

_____________ 

EN 

10 

   EN 

 
 
 
 
ANNEX II 

CORRELATION TABLE 

Directive 69/466/EEC 

This Directive 

Articles 1-11 

Articles 1-11 

Article 12 

________ 

________ 

Article 13 

________ 

________ 

________ 

Article 12 

Article 13 

Article 14 

Annex I 

Annex II 

_____________ 

EN 

11 

   EN