CELEX: 51991PC0225
Language: en
Date: 1991-06-24
Title: AMENDMENT TO THE 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
                                            C0MC91) 225 flna
                                            Brussels, 24 June 1991
                  Amendment to the 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
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC Treaty)
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                             EXPLANATORY MEMORANDUM
At its session of 12 March 1991, the European Parliament delivered its opinion
on the Commission proposal contained in document C0M(89)646 Final, concerning
a 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 present amended proposal takes into account amendments suggested by the
European Parliament on which the Commission has taken a favourable posit ion.
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                       Amendment to the 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
In response to the opinion delivered by the European Par Iiament^ 1 ) on the
proposal for a Council Directive sent by the Commission to the Council on 21
December 1989 amending Directive 77/93/EEC on protective measures against the
introduction into the Member States of organisms harmful to plants or plant
products, and in accordance with the third paragraph of Article 149 of the
Treaty establishing the European Economic Community, the Commission has
decided to amend the aforementioned proposal as follows:
1.  Addition of a new recital (11a) after the eleventh recital:
      Whereas, in order to cope with the new situation created by the
       completion of the single market with the necessary guarantees, it is
       essential to reinforce the plant health infrastructure at national and
       Community level at the Community's external frontiers, paying particular
       attention to those Member States which, by reason of their geographical
       situation, are points of entry to the Community; whereas the Commission
       will propose the inclusion in the Community budget of the necessary
       appropriations for that purpose;
2.  Addition of a new recital (11b) after the eleventh (a) recital:
       Whereas, with a view to improving the efficiency of the Community plant
       health regime in the context of the Single Market, the Member States
       should standardize the practices of the personnel responsible for plant
       health: whereas the Commission will submit, by 1 January 1993. a
       Community code of plant health practice;
(1)
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3. Article 1(3): second indent of Article 2(1)(f) of Directive 77/93/EEC is
                  amended as follows:
   - officially issued or endorsed, either by the competent national
     authority or by other public or private sector agents acting by
     delegation from that authority and/or under its supervision for that
     purpose.
4. Article 1(4): first indent of Article 2(1)(h) of Directive 77/93/EEC is
                  amended as follows:
   - in which one or more harmful organisms referred to in this Directive,
     which are established in one or more parts of the rest of the Community,
     are not known to occur or to represent an endemic disease, despite
      favourable conditions for them to establish there, and
5. Art icle 1(4): first subparagraph, second indent of Article 2(1)(i) of
                  Directive 77/93/EEC is amended as follows;
   - either by such representatives or public servants, or by 'qualified
     agents* acting through delegation from and/or under the authority of the
     competent public bodies of a Member State.
6. Article 1(4): third subparagraph of Article 2(1)(i) of Directive 77/93/EEC
                  is amended as follows:
     The Commission shall coordinate at Community level the training of
     persons employed as 'qualified agents' and shall contribute to the
     financing of the training of those agents. It shal I propose the
      inclusion of the necessary appropriations for that purpose in the
     Community budget.
7. Art icle 1(8): is amended as follows:
     In Article 5, the second sentence of paragraph 1 j_s_ deleted.
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8.  Article 1(14): Article 6(4)(a) of Directive 77/93/EEC is amended as
                      fo11ows;
    They shall extend to relevant plants or plant products grown, produced or
    used by the producer of otherwise present on his premises as well as to
    the growing medium used there.
9.  Article 1(14): Article 6(4)(d) of Directive 77/93/EEC is amended as
                      fo11ows:
       They shall be made by visual observation where this is deemed
       suff icient: in case of doubt, as well as in cases specified in Annex IV,
       they shall be made by appropriate testing on appropriate samples taken
       on the premises, preferably taken at the place of production.
10. Article 1(16); a new paragraph 3(a) is added after paragraph 3 of
                      Article 10 of Directive 77/93/EEC
       3a. A plant passport may correspond to one or various plants, of one or
       various plant species included in the same consignment and way be
       divided, at any t Mne and in any part of the Community, into various
       passports, according to the substitution procedures provided for in
       Article 10(9),
11. Article K 1 S ) : Article 10(a)(2) of Directive 77/93/EEC is amended as
                      fOllOWS:
    2.    In the aaecial cases where it is estabIished, taking into account the
         nature of the findings made in the examination concerned, that part of
         the plants or plant products grown, produced or used by the producer
         or otherwise present on his premises, or part of the growing medium
         used there, cannot present any risk of spreading harmful organisms,
         the provisions of paragraph 1 shall not apply to that part.
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12. Article 1(24): Parts A(2) and A(3) of Annex V of Directive 77/93/EEC are
                    amended as fol lows:
    - (2). deleted -
    - (3). seed potatoes.
13. Article 1 : A new point (25)(a) is added after point (25):
    - 25a.Annex V, Part B, paragraph 2(b) of Directive 77/93/EEC shall read as
       fo11ows:
       (b) Fresh fruits of:
         Citrus, including lemons (Citrus limon (L.) Burm. and Citrus medica
         Cydon i a,
         Ma Ius,
         Prunus,
         Pyrus.
14. Article 2(1): is amended as follows:
    1.   Member States shall bring into force the laws, regulations or
         administrative provisions necessary to comply with this Directive by 1
         January 1993. The provisions adopted pursuant to the first
         subparagraph shall make express reference to this Directive.
         They shall forthwith inform the Commission thereof.
Done at Brussels,                                                 For the Council
                                                                    The President
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                                                                     ÏSSN 0254-1475
                                                              COM(91)225finai
                                                      DOCUMENTS
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                                Catalogue number : CB-CO-91-284-EN-C
                                                             ISBN 92-77-73765-4
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