CELEX: 51989PC0647
Language: en
Date: 1990-01-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/93/EEC ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMS HARMFUL TO PLANTS OR PLANT PRODUCTS

COMMISSION OF THE EUROPEAN COMMUNITIES
  *£$&$
                                                         C0MC89) 647 final
                                                         Brussels, 22 January 1990
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                                     Proposal for a
                                    COUNCIL DIRECTIVE
            amending Directive 77/93/EEC on protective measures against the
                    introduction into the Member States of organisms
                           harmful to plants or plant products
•%lfe
                              (presented by the Commission)
 ---pagebreak---                             EXPLANATORY NOTE
B¥ Directive 77/93/EEC (1) the Council laid down protective
ipeaSUreg gainst the introduction into the Member States of
OtglttliSffiS k&r&ful to plants or plant products. The protection of
pla&ts 09 $tlA9ffb products against such organisms is absolutely
neçessas^ to increase agricultural productivity, whloh is one of
the objectives: of the Common Agricultural Policy.
One Of the main aims of the Community plant health regime is to
facilitate trade in plants and plant products. It is based on
harmonized plant health standards and on the mutual recognition
by Member States of certificates issued by exporting Member
States. The present Directive covers intra-Community trade as
well as third country imports.
The Community plant health regime in its present form will no
longer be appropriate for the circumstances of the Community in
1993, as portrayed in the Commission's White Paper "Completing
the internal Market" (2). According to the White Paper, the
internal market must be completed by the abolition of all
physical barriers to trade, in particular those controls imposed
at customs posts or other checkpoints at frontiers between Member
States.
To achieve this objective in the field of plant health, the White
Paper proposes a number of specific steps, listed in its Annex,
which are further explained in the Commission's Communication "A
New Strategy in the field of Plant Health" (3).
(1)       OJ No L 26, 31.1.1977, p. 20.
(2)       C0M(85) 310 final.
(3)       C0M(87) 97 final.
 ---pagebreak---                               - 3 -
While most of these steps are the subject of a separate, more
general proposal, the present proposal is intended to establish
the legislative framework for one particular step, listed as
"establishment of certain rules of liability in respect of plant
health" in the Annex to the White Paper (p. 10).
The proposal contains two essential elements:
1. It provides for a system of Community financial assistance to
   contribute towards public expenditure incurred by a Member
   State in taking specific measures to control or eradicate
   organisms harmful to plants or plant products, introduced from
   another Member State through intra-Community trade in plants
   or plant products under the Community plant health regime.
2. It also establishes a system under which the consignor Member
   State shall refund any Community financial contribution and,
   in certain cases, part also of the expenditure of control or
   eradication incurred by the infected Member State, in cases
   where it is established that the inspections or examinations
   required under the Community plant health regime were carried
   out inadequately in that Member State.
The first element should make plant health standards set up at
Community level more acceptable as a replacement for national
risk assessment.
The second element should encourage a correct application of
Community rules, thus contributing to the establishment of the
mutual confidence between Member States necessary for abolition
of all plant health import checks.
 ---pagebreak---                               - 4 -
The proposal provides for a regulatory committee procedure for
determining plant health measures which may appear necessary in
addition to those taken immediately by the Member State infected
The decision to propose a regulatory committee in this case is
without prejudice to future Commission proposals relating to
decision-making procedures. The consultative committee procedure
applies for the exercise of all other powers delegated to the
Commission.
This proposal forms part of a wider strategy, which will be
completed by other proposals to be submitted to the Council at
about the same time, including proposals containing plant health
standards for particular sorts of material (for example, young
vegetable plants and fruit plants). Together the proposals will
define the Community plant health regime after 1992. It is
recognised that amendments may in future need to be made to this
proposal in order to maintain coherence with other proposals.
The proposal would have no impact on small or medium-sized
enterprises.
 ---pagebreak---                                       - 5 -
                                     PROPOSAL
                                      for a
                                Council Directive
           amending Directive 77/93/EEC on protective measures against
           the introduction into the Member States of organisms harmful
                           to plants or plant products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas by Directive 77/93/EEC (3), as last amended by Directive 89/439/ttC
(4), the Council laid down protective measures against the introduction into
the Member States of organisms harmful to plants or plant products; whereas
the protection of plants against such organisms is absolutely necessary to
increase agricultural productivity which is one of the objectives of the
common agricultural policy;
Whereas the completion of the Single Market at the end of 1992 will entail the
application of the Community plant health regime established by Directive
77/93/EEC, with effect from that time, to the Community as an area without
internal frontiers;
(1)  OJ No  C ...
(2)  OJ No  C ...
(3)  OJ No  L 26, 31.1.1977, p. 20.
(4)  OJ No  L 212,iSU*. 1989, p. 106.
 ---pagebreak---                                        6 -
Whereas in addition to other measures adopted to ensure effective application
of the Community plant health regime in the Single Market, it is necessary to
establish a system of Community financial assistance to share at Community
level the burden of possible risks which might remain in trade under the
Community plant health regime;
Whereas such system should provide for adequate contributions to certain
expenses for specific measures which Member States have adopted to control
infections by harmful organisms introduced from another Member State;
Whereas the details of the mechanism for granting the Community financial
assistance should be determined under a rapid procedure;
Whereas it must be ensured that the Commission is informed in full of the
possible causes for the introduction of the harmful organisms concerned;
Whereas, in particular, the Commission shall monitor correct application of
the provisions of the Community plant health regime by the responsible public
servants of the Member States;
Whereas a system of refunding for expenses of the type referred to in the
system of Community financial assistance should be established, in order to
increase the incentives for a correct application of Community rules;
Whereas, should it be established that the introduction of the harmful
organisms has been caused by inadequate examinations or inspections in another
Member State, that Member State should refund the payments made under the
Community financial assistance,
HAS ADOPTED THIS DIRECTIVE:
 ---pagebreak---                                       - 7 -
After Article 19a of Directive 77/93/EEC the following Articles are inserted:
                                  H
                                    ôiticle.l2b
     In the case of the spread of harmful organisms through plants, plant
     products and other objects moving in intra-Community trade, Member States
     may receive financial assistance from the Community pursuant to the
     provisions of Article 19c, for the purpose of controlling these harmful
     organisms and within the limits of appropriations available for that
     purpose in the Community budget.
                                  ÔIîicle_12c
     1.  Where it is established that one or more of the harmful organisms
         listed in Annex I or Annex II were introduced into a Member State
         where the organisms concerned have not been known to occur, through
         consignments of plants, plant products or other objects coming from
         another Member State, the first mentioned Member State may receive
         financial assistance from the Community for expenses resulting from
         official measures which that Member State has adopted to control the
         harmful organisms concerned.
     2.  The official measures referred to in paragraph 1 shall be considered
         to mean:
             destruction, disinfection, disinfestation, sterilisation or any
             other treatment carried out officially or upon official request,
             in respect of the consignment through which the harmful organisms
             were introduced, as well as in respect of plants, plant products
             or other objects which have been in contact with the consignment
             concerned or with parts thereof, or which are otherwise suspected
             to be potentially contaminated by, or potential carriers of, the
             harmful organisms introduced;
 ---pagebreak---                                - 8 -
       disinfection, disinfestation, sterilisation, cleaning or any
       other treatment carried out officially or upon official request,
       in respect of growing medium, buildings, premises or equipment,
       which have been in contact with the consignment concerned or with
       parts thereof, or which are otherwise suspected to be potential
       carriers of the harmful organisms introduced;
       inspections or testing carried out officially or upon official
       request, to monitor the presence, or the extent, of the harmful
       organisms introduced;
       official orders relating to prohibitions or restrictions in
       respect of the use of land, premises, plants or plant products on
       the grounds of plant health risks related to the harmful
       organisms introduced.
3. The expenses referred to in paragraph 1 shall be considered to mean
   payments made from appropriations contained in a public budget, in
   order
       to cover the costs of the measures described in paragraph 2
       first, second and third indent, other than those related to the
       current functioning of the authority or official body concerned,
       or
       to compensate for losses resulting from one or more of the
       measures mentioned in paragraph 2 fourth indent.
4. The Member State concerned shall inform the Commission and the other
   Member States of the measures taken and the results achieved thereby
   as well as of the expenses incurred, without delay.
5. The grant of Community financial assistance shall be decided in
   accordance with the procedure laid down in Article 17a.
   This assistance may cover up to 50 X of the expenses; it may be
   divided into several instalments.
 ---pagebreak---                                     - 9 -
       The level shall be calculated on the basis of documentary evidence
       submitted by the Member State concerned. In case of doubt,
       investigations may be organized by the Commission, to be n*?;de under
       its authority, by the experts referred to in Article 19a.
   6.  In the light of the development of the situation in the Community, it
       may be decided, in accordance with the procedure laid down in Article
       16a, that further action shall be carried out or that further
       measures adopted by the Member State concerned shall be subjected to
       certain requirements or conditions, as may be considered necessary
       for the achievement of the aim in view.
       The grant of Community financial assistance for such further action
       or measures shall be decided at the same time, in accordance with the
       procedure laid down in Article 17a. The provisions of paragraph 5
       shall apply accordingly, with the exception of that related to the
       50 % limit.
   7.  The grant of Community financial assistance shall be without
       prejudice to rights of the Member States concerned, or of
       individuals, against others for the refunding of expenses, losses or
       other damages under national law, general Community law or
       international law. To the extent that these expenses, losses or other
       damages are covered by Community financial assistance, these rights
       shall be ceded to the Community.
                                ÔIilclfi_12d
1. The Member State from which the consignment carrying the harmful
   organisms came shall inform the Commission, on its request, and without
   delay, of all details relating to the origin or origins of that
   consignment and its administrative handling. For the purpose of
   completing that information, investigations may be organized by the
   Commission, to be made under its authority, by the experts referred to in
   Article 19a.
 ---pagebreak---                                       -M -
2.   Where it is established, on the basis of the information obtained
     pursuant to paragraph 1, that the non-compliance of the consignment with
     the provisions of this Directive was not detected in the Member State
     referred to in that paragraph, because of wilfully or negligently
     inadequate examinations pursuant to Article 6, or inspections pursuant to
     Article 12(1), by responsible public servants of that Member State, that
     Member State shall refund the Community for the Community financial
     assistance granted pursuant to Article 19c. For the purpose of this
     provision, inadequate examinations or inspections shall, in the absence
     of proof to the contrary, be deemed to be at least negligently inadequate.
     In the case of refunding, the Community shall cede all possible rights
     acquired under Article 19c(7) to the refunding Member State.
     Moreover, the refunding is without prejudice to rights of the refunding
     Member State under national law against legal or natural persons,
     including the responsible public servants concerned, for reimbursement of
     that refunding.
3.   In accordance with the procedure laid down in Article 17a, it may be
     decided that the Member State shall also refund the Member State referred
     to in Article 19c for all or part of the expenses not covered by the
     Community financial assistance.**
                                    Afiiçle.2
1.   Member States shall bring into force the laws, regulations or
     administrative provisions necessary to comply with this Directive by 1
     January 1991.
     The provisions adopted pursuant to the first subparagraph shall make
     express reference to this Directive.
2.   Member States shall immediately communicate to the Commission all
     provisions of national law which they adopt in the field governed by this
     Directive. The Commission shall inform the other Member States thereof.
                                    âlîi£le_2
This Directive is addressed to the Member States.
Done at
                                                       For the Council
 ---pagebreak---       a proposal ^or a Council Oirective amercing Directive r ? / 9 i / c t C on p r o t e c t . v« . . c * u i « u * * « . . -
       •ntraajct-icr, ---? -.he .^temtor States of organisms harmful to plants or plant products ( " L i a b i l i t y ' " )
 1. 3adç«t aaadtnç : I I I 3               Iti      38 CD Title :          (.new) Plant disease control and eradication p r o -
                                                                                     grammes i n the Carnu-iity CI)
 2. Laçai aasls :            Article      43 of the Treaty
 3. Classification                         Ofc»m00gnt^lg><tttt%/*on-ccapul tory axp«*dl tiara
4. Purpo$a/d«scription af tfca aaasura :                   Ccrmunity f i n a n c i a l assistance f o r public expenditure on measures;
     tc control or eradicate organisms harmful to plants or plant products which may become established
     ir. -rrr-irrfected areas cf the Camunity ir. the course of intra-Ccmnunity trade under the Community
     p l a r t healtn regime.
b. %thod c? L a . ô - L K W i
5 . 1 . =orm cf expenditure: Expenditure or. destruction, d i s i n f e c t i o n , s t e r i l i s a t i o n and other treatment
         c* plarrts/olant products, buildings or equipment, on special inspections and t e s t s and on compen-
         sation for losses caused by prohibitions and r e s t r i c t i o n s .
5.2 Cauunity contribution : up t o 50 X f o r measures adopted immediately by the member state i n t e r e s t e d ;
         _c t o 1 X X f o r any f a r t h e r measures decided upon at Ccnnurity Level
5.3 Calculation : -Bestruction, d i s i n f e c t i o n , s t e r i l i s a t i o n , other treatment
                                                                                                                         60,000 ECU
                              per case
                                                                                                                         40,000 ECU
                           -Special i n s œ c t i c n / t e s t s çer case
                                                                                                                    = 200,000 ECU
                           -Compensation f o r Cor, average) 5 growers per case 5 x 40,000 ECU
                                                                                                                        300,000 ECU
                           Estimated cost per case cf Community c o n t r i b u t i o n
                           GLobaL cost en the assuxt'er, zr three cases per year : 3 x 300,000 = "%Ô,"CÔÔ" ECU
5.       Fioaac'.al iacHcitlon as ragaràs operating appropriations
5."      Schadula of c o M l b a n i appropriai iocs and payaant appropriations (• ECU)
                       Taar                                 C.A./P.A.
                       13S9
                       1590
                       1391                                90C,0CO
                       1592                                900,000
                       S93                                 900,000
                       f o i l e d n g ytart :   l i k e l y t o remain stable
                        Total 91-93                    2,70Q,qOO_
5.2     Firuncinç éurinç cwraet yaar :                NHL
?. Desarratio*s :           This measure forms part of a proposal covering: the item " L i a b i l i t y " i n the Amex t o
                            the Commission's i * n t t Paper "Completing the I n t e r n a l Harfcet"
               lists tc be trestsc i n the framework ?f the establishment of the 1991 budget.
                                                                                                                          //
                                      ••£
 ---pagebreak---                           -12 -
     Statement of Impact on small or medium-sized enterprises
This proposal is concerned with financial arrangements between
the governments of Member States and the Community relating to
the costs of dealing with certain outbreaks of plant diseases and
with the transfer of responsibility for taking certain plant
health measures from Member States to the Community. It would
have no impact on small or medium-sized enterprises.
                                                               M
 ---pagebreak---                                                                       ISSN 0254-1475
                                               - 13 -
                                                               COM(89) 647 final
                                                      DOCUMENTS
EN                                                                          05 03
                                 Catalogue number : CB-CO-89-617-EN-C
                                                             ISBN 92-77-56290-0
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