CELEX: 51993PC0099
Language: en
Date: 1993-03-16
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 77/93 EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

COMMISSION OF THE EUROPEAN COMMUNITIES
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                                                                           C0MC93) 99 final
                                                                           Brussels, 16 March 1993
                                                           Proposal for a
                                                         COUNCIL DIRECTIVE
                                  amending Directive 77/93/EEC on protective measures against the
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                                   introduction into the Community of organisms harmful to plants
                                  or plant products and against their spread within the Community
                                                   (presented by the Commission)
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                            EXPLANATORY HEKQBAMDUH
By Directive 77/93/EEC, the Council laid down protective measures against
the introduction into the Community of organisms harmful to plants or plant
products and against their spread within the Community.
This proposal brings the Canary Islands within the scope of the Directive,
with additional provisions to protect the special nature of their
agricultural production.
This proposal also adapts the provisions relating to the derogations from
the general rules provided for in Article 14, to the objectives of the
internal market.
 ---pagebreak---                                        - 2 -
                         PROPOSAL FOR A COUNCIL DIRECTIVE
                                 Of
       amending Directive 77/93/EEC on protective measures against the
        introduction into the Community of organisms harmful to plants
       or plant products and against their spread within the Community
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(*•),
Having regard to the Opinion of the European Parliament(2)f
Having regard to the Opinion of the Economic and Social Committee(^),
Whereas Council Regulation (EEC) No 1911/91 of 26 June 1991 on the
application of the provisions of Community law to the Canary Islands(^)
integrates the Canary Islands into the Community's customs territory and
into the common policies; whereas, under Articles 2 and 10 of the
abovementioned Regulation, application of the common agricultural policy is
subject to the entry into force of specific supply arrangements; whereas
such application must also be accompanied by specific measures concerning
agricultural production;
(1) OJ  No L
(2) OJ  No L
(3) OJ  No L
(4) OJ  No L 171, 2 5.6.1991, p. 1, Regulation as amended b-
    Ho  ".84/92 (0-; No L 31, 7.2.1992, p. 6)
 ---pagebreak---                                     - 3 -
Whereas Council Decision 91/314/EEC of 26 June 1991 setting up a programme
of options specific to the remote and insular nature of the Canary Islands
(Poseican)(5) outlines the options to be implemented to take account of
the specific problems and constraints faced by the Islands;
Whereas these measures involve the adaptation of Council Directive
77/93/EEC of 21 December 1976 on protective measures against the
introduction into the Community of organisms harmful to plants or plant
products and against their spread within he Community^), as last amended
by Directive 92/103/EECt7) to accomodate the specific plant health
situation in the Canary Islands;
Whereas it has become necessary to adapt the provisions relating to the
derogations from the general rules provided for in Article 14 of the said
Directive, to the objectives of the internal market; whereas it is
accordingly necessary to amend Articles 5, 6, 10 and 12 of the said
Directive;
HAS ADOPTED THIS DIRECTIVE:
                                  Article 1
Directive 77/93/EEC is hereby amended as follows:
1. Article 1 is amended as follows:
   a)   In paragraph 2 the words "the Canary Islands" are deleted.
   b)   The following paragraph is added:
        "3a    This Directive shall also concern protective measures against
               the introducion of harmful organisms into the Canary Islands
               from other parts of Spain and, conversely, into other parts
               of Spain from the Canary Islands."
   c)   In paragraph 4 the words "and in the Canary Islands" are inserted
        after the words "French overseas departments".
(S) OJ Mo L 171, 29.06.1991, p. 5.
J6) OJ Uo L 26, 31,01.1977, p. 20.
(7v oj No 1, 363, 11.12.1992, p 1.
 ---pagebreak---                                      - 4 -
 2. In Article 5(4), the following sentence shall be added:
    "This paragraph shall not apply to the movement of small quantities of
    plants, where they are intended for consumption during transport,
    provided that there is no risk of harmful organisms spreading."
3. In Article 6(4), the following sentence shall be added:
    "Paragraphs 1, 2 and 3 shall not apply to the movement of small
    quantities of plants where they are intended for consumption during
    transport, provided that there is no risk of harmful organisms
    spreading."
4. In Article 10(2), the following sentence shall be added:
    "Paragraphs (a) and (b) shall not apply to the movement of small
    quantities of plants where they are intended for consumption during
    transport, providing that there is no risk of harmful organisms
    spreading."
5. In Article 12(3), the following paragraph shall be added:
    "(b) provided that there is no risk of harmful organisms spreading:
            paragraphs (1) and (2) shall not apply where plants, plant
            products or other objects are directly moved between two places
            within the Community via the territory of a non-member country;
            paragraphs (1) and (2) and Article 4(1) shall not apply in the
            case of transit through the territory of the Community;
            paragraphs (1) and (2) shall not apply in the case of small
            quantities of plants, where they are intended for consumption
            during transport."
6. In Article 14:
         paragraphs 1, 2 and 6 are deleted;
         paragraph 3, first subparagraph, the words "in so far as such
         derogations are not yet allowed under paragraph 1" are deleted;
 ---pagebreak---                                     - 5 -
        paragraph 3, first subparagraph, first indent, the references to
         "Annex III, Part A9" and "Annex IV Part A24a" shall be replaced by
        a reference to "Annex III, Part A(10)" and "Annex IV, Part A,
        section 11(19.2)" respectively;
        paragraph 3, first subparagraph, second indent, the reference to
        "Annex IV, Part A" shall be replaced by a reference to "Annex IV,
        Part A, Section I";
        paragraph 4, the reference to "1(b)(c) and" shall be deleted and
        the reference to "3" shall be replaced by " 1";
        paragraph 5, the reference to "paragraph 1(c) or" shall be deleted
        and the reference to "3" shall be replaced by "1";
        paragraphs 3, 4 and 5 are renumbered and become paragraphs 1, 2 and
        3 respectively.
                                  Article 2
1. Member States shall bring into force the laws, regulations or
   administrative provisions necessary to comply with this Directive by
   1 June 1993. They shall forthwith inform the Commission thereof. When
   Member States adopt these measures, they shall contain a reference to
   this Directive or shall be accompanied by such reference on the occasion
   of their official publication. The methods of making such a reference
   shall be laid down by the Member States.
2. Member States shall immediately communicate to the Commission all
   provisions of domestic law which they adopt in the field governed by
   this Directive. The Commission shall inform the other Member States
   thereof.
                                  Article 3
This Directive is addressed to the Member States.
Done at Brussels,                              For the Council,
 ---pagebreak---                                                                       ISSN 0254-1475
                                                                COM(93) 99 final
                                                       DOCUMENTS
EN                                                                               03
                                 Catalogue number : CB-CO-93-121-EN-C
                                                             ISBN 92-77-53724-8
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