CELEX: 51988PC0170
Language: en
Date: 1988-03-30
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 (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 170
Vol. 1988/0051
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(88 ) 170 final
                                                Brussels , 30 March 1988
                              Proposai 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 )
 ---pagebreak---                                    EXPLANATORY NOTE
Bv Directive 77/93/EEC the Council laid down protective measures against the
introduction into the Member States of orqanisms harmful to plants or plant
products . Althouqh the Directive provides that , in intra-Community trade , the
principal plant health checks shall be carried out in the consignor Mentoer
State , it also allows certain checks to be carried out in the Member State of
destination . At present these latter checks are often carried out at the
internal frontiers between Member States .
The proposals set out in the Commission 's White Paper on the completion of the
internal market ( 1 ), and further elucidated in the Commission 's Communication
on a new strategy in the field of plant health ( 2 ) , envisage the progressive
restriction of the role of the Member State of destination in respect of plant
health checks , with all checks taking place in the consignor Member State .
             *
This proposal would contribute towards these aims . Amendments are made to
Article 11 of the Directive , principally to provide that documentary and
identity checks made by Member States of destination must be carried out at
the same time as customs or other administrative formalities in connection
with the movement of goods are completed .
With reaard to occasional phvtosanitarv checks - dealt with in the present
Article 11(3 ), second sub-paragraph of the Directive - Article 1(5 ) of this
proposal implicitly overrides Article 1(14 ) of the Commission 's existing
Proposal A for a Council Directive amendinq Directive 77/93/ EEC ( C0M(84 ) 288
final ) ( 3 ), in so far only as that Article 1(14 ) has the effect of deleting
the present final sentence of the second sub-paragraph of Article 11(3 ) of the
Directive ( checks to be made on no more than one third of consignments ) and ,
to that extent only , Article 1(14 ) is withdrawn .
(1)    C0M(85 ) 310 final
(2)    C0M(87 ) 97 final
(3)    0J No C 186 . 13.7.1984 , p. 6
 ---pagebreak---                                           2
Articles 1(5 ) and 1(6) of this proposai lav down the basis for the progressive
élimination of occasional phvtosanitary checks by sampling , this élimination
to be completed bv 31 December 1990 .
                                                                        • >■
With the elimination of checks bv Member States of destination greater
reliance will have to be placed on the checks carried out by consignor Member
States . To increase confidence in these latter , the proposal envisages the
appointment of experts who would act as Community plant health inspectors in
ensurinq ( inter alia ) that these checks are being correctly applied .
These experts would be employees of the Commission , or employees of Member
States put at the disposal of the Commission on a temporary or ad hoc basis .
Thev would be able to carry out the inspections and investigations necessary
to ensure proper application of the rules of the Directive , in particular by
monitoring phytosanitary checks carried out by consignor Member States and
phytosanitary checks of imports from third countries , and examining cases
which involve safeguard measures .
In accordance with the above concept of increasing the role of the consignor
Member State , the proposal modifies the safeguard clause ( Article 15 ) of the
Directive , bv placing the primarv responsibility for taking safeguard measures
on the Member State in which a plant health problem arises . A special
provision is also introduced in respect of danger from third countries . In
addition the Commission will be empowered to intervene rapidly with on-site
investigations and to respond flexibly with a wide range of measures , the
addressees , contents and form of which may vary as appropriate to the
situation .
The proposai also makes a number of technical and detail amendments to the
Directive . The French overseas departments are brought within its scope , with
additional provisions to protect the spécial nature of their agricultural
production ; Article 9(1 ) ( country of issue of the official phytosanitary
certificate ) is clarified and simplified ; a provision is added to Article 12
enablinq official inspection of third country products to be carried out , in
certain circums tances , by the Commission in the third country of origin ;
dérogations from general rules granted under Article 14(3 ) are extended to ail
Member States , subject to certain exceptions ; and the Committee procedures
laid down Articles 16 and 17 are modified to improve the efficiency of the
Communitv's decision-makinq process .
 ---pagebreak---                                                       2
                                              Proposai 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
 ГНЕ 1.01 1М . 1 1. ПР ТНР ЕШОРКММ СПММОМПЕЧ .
Havinn renard to t.he Treat.v establ i shinn t.he turooean Fconomic Commun itv . and
in oarncular Article 43 thereof ,
Havinn renard to the ornons a J. from the l.nmmission ,
Ha ino renard t.o t.he nDinion of the Furooean Parliament ,
Whereas bv Directive / 7 / 93 / PEC < L ) . as last amended bv Directive 87 / 298/ EEC
< 2. ) . the Counci l laid down protective measures anainst. the introduction into
the Memher States ot ornanisms harmfuL to nlants or plant. products : whereas
the Drntectinn of plants anainst. such ornanisms is absolutely necessarv to
increase aoricultural productivity , which is one of the objectives of the
common aoricultural policv :
Whereas the plant, health laws applicable tn the French overseas departments
have not been harmonised accordino t.o the provisions of Directive 77 /93 / EbC :
whereas , aiven the importance of t.heir trade in plant and plant products with
the remainder ot the Community , it. is now desirable t.o aoolv the provisions of
that Directive to them : whereas in view of the special nature of the
aoricultural production of the French overseas departments it. is appropriate
to provide for additional orotective measures iustified on orounris of the
protection of health and life of plants therein : whereas the provisions of
Directive / 7 / 93 / FFC should also be extended t.o orotective measures aoainst the
introduction or harmful ornanisms into the French overseas departments from
other parts of France :
(1 )      U.J No L 2h . 31.1.197 7 . o . 20
(2)       D l No I 131 . .1.1 . b . 1987 . p. 1
 ---pagebreak---                                             3
Whereas it. has become neressarv to clarify the requirement in Article Si | t
of- Directive 77/ 93/ FF.C that the official olrtosanitarv certificate required
under Article 7 of the Directive must be issued in the country of oriain of
the oLarit.s . plant products or other objects concerned : whereas it appears
appropriate to define the exceptions to this requirement, in a more neneral
manner so that. Article 9(1 ) need not be amended whenever a relevant amendment
is made hv the Commission t.o Annex IV to the Directive :
Whereas at. present , in addition t.o orovidino for checks bv consionor Member
States . Directive 77 / 93 / tFC also allows checks by Member
States of destination : whereas , in the interest, of the free movement of plants
and plant, products within the Community , which is an element essential to
anricu ! rural productivity and contributes to the orooer tunctioninq of the
common aoncultural oolicv . these latter checks should be proaressive.lv
reduced and a better balance established , in the matter of checks , between the
consionor Member State and the Member State of destination , with areater
resDonsibi I itv beino placed on the former : whereas Article 11 of Directive
77 / 95 / FEC should he amended accordingly ;
Whereas it. is appropriate to provide in certain cases that the official
inspection of plants , plant products and other objects comina from third
couotries . provided for in Article l / fl ) of Directive 77 / 95 / EEC . should be
carried out bv the Commission in the third country of oriain .
Whereas it has also appeared that. it. is no lonqer justified that exceptions
to     the   neneral rules decided pursuant, to Article 14(3 ) of Directive
77 / 9.3/ EEC should be allowed solely on the request of the Member States
concerned and be applicable only to those Member States ; whereas it seems
justified to extend such exceptions to all Member States , unless it is
established at Community level that the risk of soreadinq harmful oroanisms is
not obviated in respect, of certain parts of the Communitv ;
 ---pagebreak---                                      - 4 -
Whereas it has become necessary to improve the functioning of the safeguard
clause provided for in Article 15 of Directive 77 / 93 / EEC with a view to
allowing more rapid , more comprehensive and more effective Community action
in cases where that clause is used ; whereas safeguard measures should normally
be adopted by the Member State where the problem originates and the Commission
should have broader powers in connection with the adoption of safeguard
measures by Member States .
Whereas , in order to improve the efficiency of the Community 's decision¬
making process , the procedures laid down in Article 16(4 ) and 17(4 ) of Directive
77 /93 / EEC should be amended ;
Whereas the measures taken with a view to the progressive reduction of checks
by Member States of destination will necessitate a strengthening of the checks
carried out by consignor Member States ; whereas it therefore appears necessary
to reinforce Community plant health inspections in order to improve the
functioning of the current Community plant health regime, with a view to
ameliorating the productivity of agriculture and achieving the Single Market
by 1992 , but in particular with a view to increasing confidence in all plant
health checks carried out on plants or plant products intended for marketing
within the Community ;
Whereas these reinforced Community inspections should be made by experts
employed by the Commission , and also by experts employed by Member States ,
whose services are made available to the Commission ;
Whereas the role of these experts should be defined in connection with the
activities required under the Community plant health regime ,
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                               s
                                          Artide 1
Directive / 7 / 93 / EEC is herebv amender)   as follows :
I.    Article I is amended as follows :
   a) In oaraaraph 2 the words " to the French overseas departments , nor " are
      deleted .
   b) The foilowina paraaraph is added :
      "3.       Protective measures whirh are iustjfied on qrounds of the
                protection of health and life of plants in the French overseas
                deoartments and which are additional to those laid down in this
                Directive mav be determined in accordance with the procédure laid
                down in Article lfo .
              This Directive shall also concern protective measures aoainst the
              introduction of harmful oraanisms into the French overseas
              departments from other parts of France ."
2.    Article 9(1 ) is reoiaced bv the foilowina :
      "1.     Without oreiudice to Articles 7 and 8 . Member States shall lav
              down that the plants , plant products and other obiects which
              oriainate in a Member State or in a third country and are listed
              in Annex IV . Part A , except those specified below , shall not be
              introduced into another Member State unless the official
              ohvtosanitarv       certificate    required  pursuant to
              Article 7 has been issued in the country in which thev oriainate .
              Thev must be accompanied bv that certificate or bv a certified
              copv thereof . These provisions do not applv
                        in the case of wood . if under the spécial reouirements laid
                       down in Annex TV part. A it is sufficient. that it is strioped
                       of its bark .
                        in other cases , if the special requirements laid down in
                       Annex IV part A can be fulfilled also at places other than
                        that of production ."
 ---pagebreak---  In Article LHl ). first sentence , the words " at the time of their
 introduction " are replaced bv the words " in the event of their
 introduction " .
In Article 11(1 ), second sentence , the text under ( b ) is deleted .
 rn Article 11(3 ). second suboaraoraph , second sentence , the words
" one- third " are replaced bv the words "a certain percentaae ".
In Article 11(3 ), second subparaaraph . the followina is added :
" This percentaae mav be determined in accordance with the procedure laid
down in Article lfc>. It shall be lower than 33% and shall progressively
be reduced to zero before 31 December 1990 ."
The followina paraaraph is inserted in Article 11 :
" 3a    The documentarv checks referred to in paraaraph l(a ) and the
        identit.v checks referred to in oaraaraph 1(e ) shall be carried out
        onlv at the time and place at which customs or other
        administrative formalities in connection with the movement of
        aoods are completed . Member States shall not reauire that such
        formalities be   completed at a frontier between Member States . In
        accordance with the procedure laid down in Article lfe it shall be
        decided before 31 December 1989 what percentaae of consianments
        mav be suhiect to occasional documentarv and identity checks bv
        samolina . This percentaae shall be less than 33% and shall
        proaressivelv be reduced to zero before 31 December 1991 .
Article 11(4 ) is rep.laced bv the followina :
"a .    If it is ascertained that part of a consianment of plants , plant
        products or other obiects is contaminated bv harmful oraanisms
        listed in Annexes I and II . the introduction of the other part,
        shall not be prohibited provided that it is not suspected of beina
        contaminated and provided that there appears to be no possibility
        of harmful oraanisms havina spread   following the splitting up of the
        consianment . "
 ---pagebreak---                                             7
ч.    I Иг' ( оПожпп рагапгарб 15 а<1г!п<| Го АгПг|р 17 :
               It. mav he anreed . in terhniral arrangements made between thp
               Commission and certain third countries and aoDroved in accordance
               with the procedure laid down in Article 16 . that the inspections
               referred to in paragraph 1(a ) be carried out bv the Commission , in
               the territory of the third country concerned , in cooperation with
               the official plant protection organization of that country ."
10 . In Article 14(2 ) second sentence , the following is inserted after the
     words " after adoption of the said provisions ":
     "and . where appropriate , following investigations carried out . by the
     Commission in the country of origin of the plants or plant products
     concerned ."
11 . In Article 14(3 ). introductory sentence , the words " on request " are deleted .
12 . In Article 14(3 ). the following       subparagraph is added ;
     " The authorizations shall aoplv to all Member States , and all Member
     States shall permit the introduction of plants , plant products or other
     obiects marketed in another Member State in accordance with the
     conditions of the authorization , unless it is established that the risk
     of spreading harmful organisms through the product concerned in certain
     regions is not obviated , taking into account the differences in
     agricultural and ecological conditions . In such cases , the Member States
     concerned shall expressly be exempted from the obligations derived from
     the above provisions in the decisions providing for the authorizations .
     The risk shall be assessed on the basis of available scientific and
     technical information : where such information is insufficient , it shall
     be completed by additional enquiries or , where appropriate , by investi ¬
     gations carried out by the Commission in the country of origin of the
     plants , plant products or other objects concerned ."
 ---pagebreak---                                         8
13 . Article 15 is reolaced bv the followina :
                                  " Article 15
     1.    Each Member State shall immediately notify the Commission and the
           other Member States of anv occurrence or suspected occurrence of
           harmful oraanisms . whether or not listed in the Annexes , in its
           territory . It shall also inform the Commission and the other
           Member States of the measures which it has taken . These measures
           must be such as to eliminate any risk of the spread of the harmful
           oraanism concerned in the territory of the Community .
     7.    Where a Member State considers that there is an imminent danaer of
           the introduction or spread in its territory of harmful oraanisms ,
           whether or not listed in the Annexes , from third countries , it
           shall immediately notify the Commission and the other Member
           States .
           In respect of the particular consianments of plants , plant
           products or other obiects considered to present the danaer . the
           Member State concerned shall immediately take the measures
           necessary to protect the Community from that danaer and shall
           inform the Commission and the other Member States thereof .
     3.    In cases within oaraaraph l or oaraaraph 2 , the Commission mav
           make immediate on-site investiaations .   In anv case , if the
           Commission considers that the measures referred to in oaraaraph 1
           are insufficient , and wherever oaraaraph 2 applies , the Commission
           shall adopt , within the shortest possible time , such measures as
           it iudaes appropriate to the situation .
     4.    In cases within oaraaraph 1 or oaraaraph 2 . the Commission shall
           examine the situation as soon as possible within the Standina
           Committee on Plant Health . The Commission mav take necessary
           measures in accordance with the procedure laid down in Article 17 .
           The Commission shall follow the development of the situation and .
           in accordance with the same procedure , shall amend or repeal , as
           that development reauires . the measures mentioned in this
           oaraaraph and in oaraaraph 3 .
     5.    To the extent t.hat this proves necessarv . the Commission shall
           adoot . in accordance with the procedure laid down in Article 16 ,
           detailed rules for the application of this Article ."
 ---pagebreak---                                             9
la . At the end nf the second sub-paranraph of both Article lb(4 ) and Article
     17(4 ) t.he words " except where t.he Council has reiected the said measures
     bv a simple maioritv " are deleted .
19 . The followina Article is inserted :
                                      " Article 19a
     1.     For the purpose of ensurina the correct and uniform application of
            this Directive , and without prejudice to checks carried out bv the
            Member States , the Commission mav carrv out checks bv experts . In
            appropriate cases these checks shall be carried out on site .
     I.     The experts referred t.o in paraaraph 1 mav be :
                   emploved bv the Commission
                   emoloved bv Member States , and put at the disposai of the
                   Commission on a temoorarv or ad hoc basis .
     3.     In carrvino ont their duties . these experts mav :
                   monit.or examinations pursuant to Article 6 . and monitor or
                   carrv out inspections pursuant to Article 12(1 ).
                   carrv out the activities specified in Articles 12(5 ) and
                   14(2 ) and ( 3 ) ,
                   make the investiaations referred to in Article 15(3 ) ,
                   assist the Commission in the matters referred to in
                   paranraph A.
                   carrv out. anv other task assianed to them in accordance with
                   the procedure laid down in Article lb .
     4.     For the puroose of the tasks referred to in oaraqraph 3 . the
            experts mav under the same terms as those applicable to national
            insoectors
                   inspect nurseries . farms and other places where plants .
                   plant products or other objects intended for introduction
                   into other Member States are or were arown . produced ,
                   processed or stored .
                   insoect. places were examinations pursuant. to Article b or
                   inspections pursuant to Article 12 are carried out .
                   consult officials of the official plant protection
                   oraanizations of the Member States .
                   accompanv national insoectors when thev carrv out activities
                   for the ourooses of this Directive .
 ---pagebreak---                                          in
            Membpr States shall ensure that the exnerts mav carrv out their
            tasks without hindrance , and shall Drnvide them with all
            facilities necessarv for the carrvinq out nf these tasks ,
            inciudinn laborat.orv equioment. and laboratory staff .
      6.    The Commission shall :
                  establish a network for the notification of new occurrences
                  of harmful oraanisms ,
                  make recommendations for notes for the auidance of the
                  experts and of national inspectors in carrvina out their
                  activi ties .
            To assist thè Commi ssion in t.his lattar task . Member States shall
            notifv thè Commission of their current nat.ional inspection
            procedures in t.he plant health field .
      7.    The Commission shall adoot , in accordance with the procedure laid
            down in Article 16 , detailed rules for the application of this
            Article ."
                                    Article 2
1.    Memher States shall brina into force the laws , reoulations or
      administrative provisions necessarv to compiv with     this Directive
      by 1 January 1989 .
2.    Member States shall .immediately inform the Commission of all laws .
      reaulations and administrative provisions adopted in implementation of
      this Directive . The Commission shall inform the other Member States
      thereof .
                                    Article 3
This Directive is addressed to the Member States .
Done at                                                        For the Counci L
 ---pagebreak---      Fiche d' impact de certains actes lénislatifs sur les PME et l' emploi
1.   OBLIGATIONS ADMINISTRATIVES DECOULANT DE L' APPLICATION DE LA LEGISLATION
     POUR IES ENTREPRISES
     None
2.   AVANTAGES POUR L' ENTREPRISE
               ОШ /Й0Н
               LESQUELLES
               The restriction of the rôle of Member States of destination in
               respect of plant health checks should facilitate trade in plants
               and olant Products
3.   INCONVFNTENTS POUR L' ENTREPRISE
     ( coût supplémentaire )
               8WI / N0N
               CONSEQUENCES
4.   EFFETS SUR L' EMPLOI
     Favourable , to the extent that trade in plants and plant products
     increases - see 2 .
5.   y A- T- IL EU CONCERTATION PREALABLE AVEC LES PARTENAIRES SOCIAUX ?
               «Ü / NON
               AVIS DES PARTENAIRES SOCIAUX
fe . y A- T - IL UNE APPROCHE ALTERNATIVE MOINS CONTRAIGNANTE ?
     No