CELEX: 51989PC0646
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 PLANT PRODUCTS

No C 29/10                            Official Journal of the European Communities                                  8. 2. 90
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              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
                                                     COM(8 9) 646 final
                                    (Submitted by the Commission on 21 December 1989)
                                                        (90/C 29/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          tively uniform plant health risks, should be established,
                                                                  and there should also be provision for the recognition of
                                                                  defined 'isolated zones', in which harmful organisms
 Having regard to the Treaty establishing the European
                                                                  established elsewhere in the Community are not known
 Economic Community, and in particular Article 43
                                                                  to occur; whereas such 'ecological regions' and 'isolated
thereof,
                                                                  zones' should be accorded special protection under
                                                                  conditions compatible with the Single Market;
 Having regard to the proposal from the Commission,
                                                                  Whereas to ensure more effective application of the
 Having regard      to  the   opinion   of   the  European        Community plant health regime in the Single Market, it
 Parliament,                                                      must be possible to use for the purpose of plant health
                                                                  checks, available official manpower other than that of
                                                                  Member States' official plant-protection organisations,
Whereas by Directive 77/93/EEC ('), as last amended by            whose training shall be coordinated and supported finan-
Directive 89/439/EEC (2), the Council laid down                   cially by the Community;
protective measures against the introduction into the
 Member States of organisms harmful to plants or plant
                                                                  Whereas the application of the Community plant health
products; whereas the protection of plants against such
                                                                  regime to the Community as an area without internal
organisms is absolutely necessary to increase agricultural
                                                                  frontiers, and the introduction of ecological regions and
productivity, which is one of the objectives of the
                                                                  isolated zones will necessitate a restructuring, based, in
common agricultural policy;
                                                                  particular, on a more realistic assessment of plant health
                                                                  risks arising from Community products, of the
Whereas the completion of the Single Market at the end            requirements laid down in the Annexes to Directive
of 1992 will entail the application of the Community              77/93/EEC, so as to classify them as applicable to
plant health regime established by Directive 77/93/EEC,           Community products on the one hand and to imports
with effect from that time, to the Community as an area           from third countries on the other, and to identify
without internal frontiers; whereas it is furthermore             harmful organisms relevant for particular ecological
considered that areas which are not affected by                   regions and isolated zones; whereas this restructuring
particular harmful organisms need protection wherever             should lead to a simplification of the annexes, in
they are located in the Community; whereas,                       particular by the removal of a number of harmful
accordingly, the scope of the regime should no longer be          organisms established in part of the Community and the
restricted to trade between Member States and third               related requirements; whereas some of this restructuring
countries, but should also be extended to marketing               should be entrusted to the Commission assisted by the
within single Member States;                                      Standing Committee on Plant Health, established by
                                                                  Council Decision 76/894/EEC (3);
Whereas, in principle, all parts of the Community should
benefit from the same degree of protection against                Whereas in the context of the Single Market it must be
harmful organisms; whereas, however, differences in               possible to rely on plant health checks carried out in
ecological conditions and in the distribution of certain          consignor Member States; wheres it is accordingly
harmful organisms must be taken into account; whereas,            necessary to establish more detailed and more uniform
in consequence, 'ecological regions', exposed to rela-            rules for these checks;
(') OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 212, 22. 7. 1989, p. 106.                             (') O] No L 340, 9. 12. 1976, p. 25.
 ---pagebreak--- 8. 2. 90                              Official Journal of the European Communities                               No C 29/11
Whereas the most appropriate place for carrying out             HAS ADOPTED THIS DIRECTIVE:
plant health checks is the place of production; whereas,
in respect of Community products, these checks must                                         Article 1
therefore be made mandatory at the place of production
                                                                Directive 77/93/EEC       is amended as follows:
and should extend to all relevant plants and plant
products grown, produced, used or otherwise present               1. The title is replaced as follows:
there, and to the growing medium used there; whereas,                'Council Directive of 21 December 1976 on
for the efficient operation of such a system of checks, all          protective measures against the introduction into the
producers should be officially registered;                           Community of organisms harmful to plants or plant
                                                                     products and against their spread within the
                                                                     Community'.
Whereas, if the results of the checks are satisfactory,
instead of the phytosanitary certificate used in interna-         2. In Article 1, the following paragraph 5 is added:
tional trade, a conventional mark ('plant passport'),                '5.    With effect from 1 January 1993, this
adapted to the type of product, should be attached to the            Directive shall also concern protective measures
product, in order to ensure its free movement                        against the spread of harmful organisms within the
throughout the Community or those parts thereof for                  Community by other means, including those related
which it is qualified;                                               to movements of plants or plant products within a
                                                                     Member State.'
Whereas the official measures to be taken when the                3. In Article 2(1), point (f) is replaced by the following
results of the checks are not satisfactory should be                 text:
specified;
                                                                     '(f) plant passport: shall be considered to mean any
                                                                          document, label, seal, stamp, mark or other
                                                                          indication, which gives evidence that the
Whereas, to ensure compliance with the Community
                                                                          provisions of this Directive related to plant
plant health regime in the context of the Single Market,
                                                                          health standards and special requirements are
a system of official checks during marketing should be
                                                                          satisfied, and which is
established; whereas this system should be as reliable and
uniform as possible throughout the Community but                          — standardized at Community level for
should exclude specific controls at borders between                           different types of plants or plant products,
Member States;                                                                and
                                                                          — officially issued or endorsed
                                                                              for that purpose.
Whereas, as from completion of the Single Market,
products originating in third countries should in principle          The standardization shall be established in
be subjected to plant health checks on first introduction            accordance with the procedure laid down in Article
into the Community; whereas, if the results of the checks            16a. Under this standardization, different formats
are satisfactory, third country products should be issued            shall be determined for plant passports which are not
with a plant passport, ensuring free movement, in the                valid, in accordance with the provisions of Article 10
same way as Community products;                                      (1) second subparagraph, for all parts of the
                                                                     Community.'
                                                                  4. In Article 2(1) the following points are added:
Whereas it should no longer be possible for Member
States to adopt any special plant health provisions upon             '(g) ecological region: shall be considered to mean a
the introduction into their territory of plants or plant                  region in the Community which is exposed to a
products originating in other Member States; whereas all                  relatively uniform        plant health risk as
provisions on plant health requirements for plants and                    determined by similar ecological and agricultural
plant products should be established at Community level;                  conditions as well as by the presence of potential
whereas Article 18 (2) of Directive 77/93/EEC should                      host plants and other vectors of harmful
therefore be deleted and replaced by a simplified                         organisms.
procedure for establishing the coherence of the                           The ecological regions shall be established in
provisions of the Directive with other Community                          accordance with the procedure laid down in
provisions on plant health requirements;                                  Article 16a. Under the same procedure, they
                                                                          may be subdivided in ecological subregions.
Whereas Directive 77/93/EEC has already been substan-                 (h) isolated zone: shall be considered to mean an
tially amended on a number of occasions and is likely to                  area in the Community
be subject to substantial further amendments, in                          — in which one or more harmful organisms
particular of the Annexes in view of the restructuring                        referred to in this Directive, which are estab-
required under this Directive; whereas, in the interests of                   lished in one or more parts of the rest of the
clarity and legal certainty it is necessary to establish a                    Community, are not known to occur, despite
rapid procedure for the regular adoption of consolidated                      favourable conditions for them to establish
versions of the Directive,                                                    there, and
 ---pagebreak--- No C 29/12                                Official Journal of the European Communities                                      8. 2. 90
          — which has been recognized, in accordance                      They shall also ban the introduction or the spread of
               with the procedure laid down in Article 16a,               the harmful organisms listed in Annex I Part B
               as fulfilling the conditions set out in the first          section II or Annex II Part B section II into and
               indent, on request of the Member State                     within the respective isolated zones located in their
               concerned and on the grounds that the                      territory.
               results of appropriate surveys the nature of
               which has been specified by the Commission                 6.     In accordance with the procedure laid down in
               and which have been monitored, under its                  Article 16a,
               authority, by the experts referred to in
              Article 19a, show no evidence to the
               contrary.                                                  (a) the harmful organisms listed in Annexes I and II
                                                                               shall be subdivided as follows:
          A harmful organism shall be considered to be                        — organisms not known to occur in any part of
          established in a part of the Community, if it is                         the Community and relevant for the entire
          known to occur there and if either no official                           Community shall be listed in Annex I part A
          measures have been taken there with a view to                            section I and Annex II part A section I
          its eradication, or such measures have proved,                           respectively;
          for a period of at least two successive years, to
                                                                              — organisms known to occur in the Community
          be ineffective.
                                                                                   and relevant for the entire Community shall
     (i) a statement or measure shall be considered to be                          be listed in Annex I part A section II and
          official, if made or taken, without prejudice to                         Annex II part A section II respectively;
          the provisions of Article 19a,                                      — the other organisms shall be listed    in Annex I
         — by representatives of the official plant-                               part B section I and Annex II part  B section I
              protection organization of a Member State                            respectively, against the one         or more
              or, under their responsibility, by other public                      ecological regions or subregions     for which
              servants, in the case of statements or                               they are relevant;
              measures related to the issuing of the
              certificates specified in Article 7 (1) or 8 (2);          (b) harmful organisms established in one or more
         — either by such representatives or public                           parts of the Community shall be deleted, save
              servants, or by 'qualified agents' employed                     those referred to in the third indent of point (a)
              by other public bodies of a Member State, in                    and those for which isolated zones have been
              all other cases.                                                recognized. These latter organisms shall be listed
                                                                              in Annex I part B section II and Annex II part B
         The minimum standards for the qualifications of                      section II respectively, against the respective
         the 'qualified agents' referred to in the second                     isolated zone or zones;
         indent may be established in accordance with
         the procedure laid down in Article 16a.                         (c) the titles of Annex I and II as well as the
                                                                              different parts and sections thereof shall be
         The Commission shall coordinate at Community                         adapted to the above.
         level the training of persons employed as
         'qualified agents'. It may financially support the
         training of those agents, within the limits of                  7.     In accordance with the procedure laid down in
         appropriations available for that purpose in the               Article 16a, it may be decided that Member States
         Community budget.'                                             shall lay down that the introduction into their terri-
                                                                        tories, and the spread within their territories, of
                                                                        specified organisms which are considered to be
5. In Article 3, (4), (5), (6) and (7) are replaced by the
                                                                        harmful to plants or plant products but not listed in
    following text:
                                                                        Annexes I and II, whether genetically modified or
   '4.      With effect from 1 January 1993, Member                     not, shall be prohibited or require special authori-
   States shall provide that the provisions of paragraphs               zation under conditions specified under the same
    1 and 2 will be applied in such way that they will                  procedure.'
   also ban the spread of the harmful organisms
   concerned within the territory of a Member State.
                                                                     6. The provisions of Article 4 (2) point (a) are replaced
   5.      Member States shall ban from the same date                   by the following:
   the introduction and the spread of:
   (a) the harmful organisms listed in Annex I, Part B                  '(a) ban from 1 January 1993 the introduction of
        section 1;                                                            plants, plant products and other objects listed in
                                                                              Annex III part B into the ecological regions or
   (b) the plants and plant products listed in Annex II,                      subregions specified in respect of them. Member
        Part B section 1, where they are contaminated                         States shall also ban the introduction of plants,
        by the relevant harmful organisms listed there                        plant products and other objects listed there into
   into and within the ecological regions or subregions                       the respective isolated zones located in their
   for which the organisms are relevant.                                      territory'.'
 ---pagebreak--- 8. 2. 90                              Official Journal of the European Communities                               No C 29/13
 7. In Article 4, the following paragraphs are added:                provisions of paragraph 1 shall apply only in respect
                                                                     of Annex I part A section II, Annex II part A section
     '3.    In accordance with the procedure laid down in            II and Annex IV part A section II.'
     Article 16a, Annex III shall be revised in such a way
     that part A contains plants or plant products which         13. In Article 6 (2), the words 'Article 3 (5), (6) and (7)'
     constitute a plant health risk for all parts of the             are replaced by the words 'Article 3 (4), (5) and (7)'.
     Community and part B contains plants or plant
     products which constitute a plant health risk only for      14. In Article 6, the following paragraphs are added:
     certain ecological regions or subregions or isolated
     zones. Those regions, subregions and zones, shall be            '4.     With effect from 1 January 1993, the
     specified there respectively.                                   provisions of paragraphs (1), (2) and (3) shall also
                                                                     apply to the movement of plants, plant products and
     4.    With effect from 1 January 1993, the provisions           other objects within the territory of a Member State,
     of paragraph 1 shall no longer apply to plants or               save as otherwise provided for in paragraph 5.
     plant products originating in the Community, and
     the provisions of paragraph 2 (b) shall be deleted.'            The official examinations referred to in paragraphs
                                                                     (1), (2) and (3) shall be carried out in accordance
                                                                     with the following provisions:
 8. In Article 5, the second sentence of paragraph 1, and
     point (a) of paragraph 2 are deleted.                           (a) They shall extend to all relevant plants or plant
                                                                          products grown, produced or used by the
                                                                          producer or otherwise present on his premises as
 9. The provisions of Article 5 (2) are replaced by the
                                                                          well as to the growing medium used there.
     following:
                                                                     (b) They shall be made on the premises, preferably
     '2.    Member States shall ban from 1 January 1993                   at the place of production.
     the introduction and the movement of the plants,
     plant products and other objects listed in Annex IV             (c) They shall be made regularly at appropriate
     part B section I into and within the ecological                      times, at least twice per year, and they shall also
     regions or subregions specified there respectively,                  be made on request by the producer or by the
     unless the relevant special requirements indicated in                Commission.
     that part of the Annex are met.
                                                                     (d) They shall be made at least by visual obser-
     They shall also ban the introduction or the                          vation; in case of doubt, as well as in cases
     movement of the plants, plant products or other                      specified in Annex IV, they shall be made by
     objects listed in Annex IV Part B section II into and                appropriate testing on appropriate samples taken
     within the respective isolated zones located in their                on the premises, preferably at the place of
     territory, unless the relevant special requirements                  production.
     indicated in that part of the Annex are met.'
                                                                     (e) Any producer subjected to such examination
                                                                          shall be listed in an official register under a
10. In Article 5, the following paragraphs are added:                     registration number enabling his identification.
                                                                          He shall notify immediately to the competent
     '3.    In accordance with the procedure laid down in                 authorities of the Member State concerned any
     Article 16a, Annex TV shall be amended in                            unusual occurence of harmful organisms or any
     accordance with the criteria laid down in Article 3                  other abnormality related to plant health.
     (6).
                                                                     (f) The official registers established pursuant to (e)
                                                                          shall be accessible to the Commission.
     4.    With effect from 1 January 1993, the provisions
     of paragraph I shall be extended to ban also the
                                                                     5.     Member States may exempt the local movement
     movement of plants, plant products and other
                                                                     of plants, plant products or other objects from the
     objects within the territory of a Member State,
                                                                     provisions of Article 6 (4). A local movement shall be
    without prejudice however to the provisions in
                                                                     considered to mean a movement which is restricted
    Article 6 (5).'
                                                                     to the territory of the local administrative area where
                                                                     the premises of the producer are located, and of the
11. In Article 6 (1) the words 'part A' are inserted after           adjoining local administrative areas.
    the words 'Annex V .
                                                                     Producers whose entire production and sale of
                                                                     relevant plants or plant products are restricted to
12. In Article 6, the following paragraph is inserted after          final usage within the above limits may be exempted
    paragraph 1:                                                     from official examination and official registration.
    'la     As soon as the measures provided for in                  6.     In accordance with the procedure laid down in
    Article 3 (6) (a) and in Article 5 (3) are adopted, the          Article 16a, implementing rules related to:
 ---pagebreak--- N o C 29/14                               Official Journal of the European Communities                                    8. 2. 90
      — the frequency, timing and other details of the                    4.    Member States which make use of Article 6 (7)
          official examination (paragraph 4 (c) and (d),                  may use, as soon as available, plant passports instead
                                                                          of phytosanitary certificates in advance of 1 January
      — the exemptions referred to in paragraph 5, may                    1993.
          be adopted.
                                                                         Article 10a
      7.     Implementing rules related to the registration
      procedure and the registration number (paragraph 4
                                                                          1.    Where it is not considered, on the basis of the
      (e)) may be adopted in accordance with the
                                                                          examination laid down in Article 6 (1) (2), and (3)
      procedure laid down in Article 17a.
                                                                          and carried out in accordance with the provisions of
      8.     Member States may apply the provisions of                   Article 6 (4), that the conditions therein are fulfilled,
     paragraphs 4 and 5 in advance of 1 January 1993,                    a plant passport shall not be issued, without
      either wholly, or in relation to certain regions or to             prejudice to the provisions of paragraph 2.
     certain types of plants or plant products.
                                                                         2.    Where it is established, taking into account the
      In such cases, the Member States concerned shall                   nature of the findings made in the examination
     immediately inform the Commission and the other                     concerned, that part of the plants or plant products
     Member States of the provisions adopted for that                    grown, produced or used by the producer or
     purpose.'                                                           otherwise present on his premises, or part of the
                                                                         growing medium used there, cannot present any risk
                                                                         of spreading harmful organisms, the provisions of
15. In Article 7 (2) and Article 8 (1), the words 'part A'
                                                                         paragraph 1 shall not apply to that part.
     are inserted after the words 'Annex V respectively.
                                                                         3.    To the extent that the provisions of paragraph
16. After Article 9, the following Articles are inserted:
                                                                         1 apply, the plants, plant products or growing
                                                                         medium concerned shall be the subject of one or
      'Article 10
                                                                         more of the following official measures:
     1.     With effect from 1 January 1993, where it is
     considered, on the basis of the examination laid                    — appropriate treatment,
     down in Article 6 ( 1 ) , (2) and (3) and carried out in
     accordance with the provisions of Article 6 (4), that               — permit for local movements,
     the conditions therein are fulfilled, a plant passport
     shall be officially issued or its number officially                 — permit for movements, under official control, to
     registered, instead of the issuing of the phytosanitary                 other areas, where they do not present an
     certificates referred to in Articles 7 or 8.                            additional risk,
     If the examination does not concern conditions                     — permit for movement, under official control, to
    relevant to certain ecological regions or subregions                     places for industrial processing,
    or to certain isolated zones, or if it is considered that
    such conditions are not fulfilled, the plant passport               — destruction.
    shall be valid only for the other parts of the
    Community and it shall have the format reserved for                  4.    To the extent that the provisions of paragraph
    such cases, pursuant to Article 2 (1) (f).                           1 apply, the listing of the producer in the official
                                                                        register shall be suspended until it is established that
    2.      With effect from 1 January 1993, plants, plant              the risk of spreading harmful organisms is elim-
    products and other objects listed in Annex V part A                 inated. As long as this listing is suspended, the
    may not be moved within the Community, other                        producer is not considered to be subjected to the
    than locally within the meaning of Article 6 (5),                   examination required under Article 6 (4).'
    unless a plant passport valid for the territory
    concerned and issued or registered in accordance                17. In Article 11, the following paragraphs are added:
    with the provisions of paragraph 1 is attached to
    them, to their packaging or to the vehicles trans-                  7.     With effect from 1 January 1993, the
    porting them.                                                       provisions of paragraphs 1, 3 and 3a shall no longer
                                                                        have effect and Member States shall instead organize
    3.     A plant passport can be replaced at any time                 official checks on compliance with the provisions of
    and in any part of the Community by another plant                   this Directive, in particular of Article 10 (2), which
   passport. This may be officially issued or its number                shall be carried out at random and without any
   officially registered only under official supervision                discrimination in respect of the origin of the plants,
   and if there is no evidence that the conditions                      plant products or other objects, and in accordance
   referred to in paragraph 1 are not or no longer                      with the following provisions:
   fulfilled. The plant passports replaced shall be
   destroyed, and the references thereof, the place and                 — occasional checks, at any time and at any place
   date of replacement as well as the references of the                      where plants, plant products or other objects are
   replacing plant passport shall be officially recorded.                    moved,
 ---pagebreak--- 8. 2. 90                                Official Journal of the European Communities                              No C 29/15
     — occasional checks on premises where plants,                20. In Article 12, the following paragraphs are added:
          plant products or other objects are grown,
                                                                       '6.     With effect from 1 January 1993, the words
          produced, stored or offered for sale, as well as
                                                                       'Part A' are deleted in paragraph 1 (a) respectively,
          on the premises of purchasers,
                                                                       and also paragraphs 3 and 4 are deleted. With effect
                                                                       from the same date, the provisions of paragraph 1
                                                                       shall apply on the occasion of the first introduction
     — occasional checks at the same time as any other                 of the plants, plant products or other objects
          documentary check which is carried out for                   concerned into the Community, without prejudice to
          reasons other than plant health,                             specific agreements concluded in this respect
                                                                       between the Community and certain third countries.
     — checks at boundaries of ecological regions or                   The places where the inspections shall be carried out
          subregions or of isolated zones, provided that               may be designated, with primary regard for phyto-
          these boundaries are properly marked with                    sanitary considerations and with due regard for
          appropriate traffic signs.                                   other administrative formalities, including customs
                                                                       formalities, where applicable, in accordance with the
                                                                       procedure laid down in Article 16a. Member States
     The checks may be regular and may be targeted if                  may derogate from the provisions of the preceding
     facts have come to light to suggest that one or more              sentence only under the terms which have been set
     provisions of this Directive have not been complied               up in the technical arrangements referred to in
     with.                                                             paragraph 5.
                                                                       7.      With effect from the same date, the provisions
                                                                       of Article 10(1) and (3) shall accordingly apply to
     Member States may lay down that occupiers of                      the plants, plant products or other objects referred to
     premises where plants, plant products or other                    in paragraph 1, where it is considered, on the basis
     objects are grown, stored or offered for sale shall               of the inspection laid down in paragraph 6, that the
     also be listed in an official register. In such case, the         conditions referred to in paragraph 1 are fulfilled.'
     checks may be regular.
                                                                   21. After Article 17, the following Article is inserted:
     8.     Purchasers of plants, plant products or other                'Article 17a
     objects, other than final users shall retain the related          Where the procedure laid down in this Article is to
     plant passports for at least one year, and make                   be followed, the Commission shall be assisted by the
     references to them in their records.                              Committee, acting as committee of an advisory
                                                                       nature and chaired by the representative of the
                                                                       Commission.
     Inspectors shall have access to the plants, plant
     products or other objects. They shall be entitled to              The representative of the Commission shall submit to
     make any investigation necessary for the checks                   the Committee a draft of the measures to be taken.
     concerned, including those related to the records                 The Committee shall deliver its opinion on the draft,
     and the plant passports.                                          within a time limit which the chairman may lay
                                                                       down according to the urgency of the matter, if
                                                                       necessary by taking a vote.
     9.     The Member States may be assisted in the                   The opinion shall be recorded in the minutes; in
     official checks by the experts referred to in Article              addition, each member State shall have the right to
      19a.                                                              ask to have its position recorded in the minutes.
                                                                       The Commission shall       take the utmost account of
      10.    Where it is established, through the official             the opinion delivered      by the Committee. It shall
     checks carried out in accordance with paragraphs 7                inform the Committee       of the manner in which its
     and 8, that plants, plant products or other objects               opinion has been taken    into account.'
     present a risk of spreading harmful organisms, they
     shall be the subject of one or more of the official           22. Article 18 (2) is replaced by the following:
     measures mentioned in Article 10a (3).'                            '2.     In accordance with the procedure laid down in
                                                                       Article 16a, amendments to this Directive shall be
                                                                       adopted which are necessary to establish coherence
18. In Article 12 (1) and (3a), the words 'Part B' are                 with Community provisions referred to in paragraph
     inserted respectively after the words 'Annex V .                   1.
                                                                        3.     In accordance with the procedure laid down in
                                                                       Article 16a, consolidated versions of this Directive
19. In Article 12 (1) (b), the references to Article 4, 5              shall be adopted, the aim being to incorporate all
     and 9 are deleted respectively.                                   amendments made thereto.'
 ---pagebreak--- No C 29/16                              Official Journal of the European Communities                                8. 2. 90
23. Former Article 18 (3) becomes Article 18 (4).                                          Article 2
24. In Annex V, the following part A is inserted:                  1.   Member States shall bring into force the laws,
     'A. Plants, Plant Products and other Objects orig-           regulations or administrative provisions necessary to
          inating in the Community.                               comply with this Directive by 1 January 1991. The
          1. Plants, intended for planting, other than pot        provisions adopted pursuant to the first subparagraph
             plants, seeds and aquarium plants.                   shall make express reference to this Directive.
          2. The parts of plants as shown below.
                                                                  They shall forthwith inform the Commission thereof.
             Fruit of:
             Citrus L.
         3. Potato tubers.                                        2.    Member States shall immediately communicate to
                                                                  the Commission all provisions of national law which they
         4. Growing medium as such, as specified in part          adopt in the field governed by this Directive. The
             B, 5 (a).'                                           Commission shall inform the other Member States
25. In Annex V, the current text becomes part B,                  thereof.
    entitled as follows:
    'B. Plants, Plant Products and other Objects orig-
                                                                                          Article 3
         inating in territories other than those referred to
         in part A.'                                              This Directive is addressed to the Member States.