EXTENT , AT THE PRESENT STAGE OF THE DEVELOPMENT OF COMMUNITY LAW IN THE SPHERE OF PLANT PROTECTION , IS THE CARRYING OUT OF PHYTOSANITARY INSPECTIONS BY THE IMPORTING STATE ON IMPORTS OF FRUIT AND POTATOES ( OTHER THAN SEED POTATOES ) FROM A MEMBER STATE ( OTHER THAN IN EXCEPTIONAL CASES WHERE , FOR EXAMPLE , THERE IS REASON TO SUSPECT THAT THE PRODUCT IS CONTAMINATED ) JUSTIFIED WITHIN THE MEANING OF THE FIRST SENTENCE OF ARTICLE 36 OF THE EEC TREATY WHEN THE CONSIGNMENT IS ACCOMPANIED BY A PHYTOSANITARY CERTIFICATE ISSUED BY A MEMBER STATE?
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5 BEFORE REPLYING TO THOSE QUESTIONS THE LEGISLATIVE CONTEXT OF THE CONTESTED PROVISIONS MUST BE EXAMINED .
6 IT SHOULD BE OBSERVED FIRST THAT DIRECTIVE NO 77/93 , WHICH WAS ADOPTED ON THE BASIS OF ARTICLES 43 AND 100 OF THE TREATY , IS NOT CONCERNED WITH THE ORGANIZATION OF MEASURES FOR ERADICATING HARMFUL ORGANISMS OF PLANTS WITHIN EACH MEMBER STATE , BUT IS INTENDED SOLELY TO LEND SUPPORT TO SUCH MEASURES BY MEANS OF COORDINATED PROTECTIVE MEASURES AGAINST THE INTRODUCTION OF SUCH ORGANISMS INTO THE MEMBER STATES . IT IS A MEASURE INVOLVING A DEGREE OF HARMONIZATION .
7 ARTICLES 1 AND 2 DEFINE THE GEOGRAPHICAL SCOPE OF APPLICATION OF THE DIRECTIVE AND CERTAIN TERMS USED THEREIN AND ARTICLE 3 AND 5 EITHER ENJOIN OR AUTHORIZE THE MEMBER STATES TO BAN THE INTRODUCTION INTO THEIR TERRITORY OF THE ORGANISMS , PLANTS AND PLANT PRODUCTS LISTED IN ANNEXES I TO IV TO THE DIRECTIVE .
8 ACCORDING TO ARTICLE 6 THE MEMBER STATES ARE TO LAY DOWN , AT LEAST IN RESPECT OF THE INTRODUCTION INTO ANOTHER MEMBER STATE OF THE PLANTS , PLANT PRODUCTS AND OTHER OBJECTS LISTED IN ANNEX V ( INCLUDING CERTAIN TYPES OF FRESH FRUIT AND POTATO TUBERS ), THAT THE LATTER AND THEIR PACKAGING AND , IF NECESSARY , THE VEHICLES TRANSPORTING THEM ARE TO BE EXAMINED ON AN OFFICIAL BASIS TO MAKE SURE THAT THEY ARE NOT CONTAMINATED BY THE HARMFUL ORGANISMS THE INTRODUCTION OF WHICH INTO ITS TERRITORY IS BANNED BY THE MEMBER STATE UNDER ARTICLES 3 , 4 AND 5 . WHERE IT IS CONSIDERED , ON THE BASIS OF THAT EXAMINATION , THAT THOSE CONDITIONS ARE FULFILLED , ARTICLE 7 PROVIDES THAT A PHYTOSANITARY CERTIFICATE IS TO BE ISSUED .
9 AS A COUNTERPART TO SUCH EXAMINATION CARRIED OUT BY THE AUTHORITIES OF THE EXPORTING MEMBER STATE , ARTICLE 11 OF THE DIRECTIVE LAYS DOWN LIMITS TO THE CHECKS CARRIED OUT BY THE AUTHORITIES OF THE MEMBER STATE OF DESTINATION . WITH THE EXCEPTION OF A CHECK ON THE IDENTITY OF THE PRODUCTS AND OF CERTAIN PRECISELY DEFINED CASES , THE LATTER STATE MAY NOT PROVIDE , IN RESPECT OF PRODUCTS FROM ANOTHER MEMBER STATE AND CERTIFIED BY IT , FOR SYSTEMATIC INSPECTIONS TO ASCERTAIN COMPLIANCE WITH THE PROVISIONS ADOPTED PURSUANT TO ARTICLES 3 AND 5 UNLESS THERE IS SERIOUS REASON TO BELIEVE THAT ONE OF THOSE PROVISIONS HAS NOT BEEN COMPLIED