CELEX: 51984PC0288(01)
Language: en
Date: 1984-05-26
Title: PROPOSAL A FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/93/EEC ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF ORGANISMES HARMFUL TO PLANTS OR PLANT PRODUCTS

No C 186/6                            Official Journal of the European Communities                              13. 7. 84
                                               COMMISSION
              Proposal A 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(84) 288 final
                              (Submitted by the Commission to the Council on 5 June 1984)
                                                      (84/C 186/08)
THE COUNCIL OF THE EUROPEAN                                      Whereas certain requirements in respect of San Jose
COMMUNITIES,                                                     scale and related provisions should be replaced by
                                                                 more appropriate requirements in the Annexes to the
Having regard to the Treaty establishing the                     Directive;
European Economic Community, and in particular
Article 43 thereof,
                                                                 Whereas the rules relating to import inspections in
Having regard to the proposal from the Commission,               intra-Community trade should be adapted to
                                                                 Community case-law and to other developments, in
                                                                 particular to the increased confidence which has been
Having regard to the opinion of the              European
                                                                 progressively established between Member States
Parliament,
                                                                 regarding the correct operation of inspection systems
                                                                 in the consignor Member States;
Whereas by Directive 77/93/EEC (x), as last
amended by Directive 81/7/EEC (2), the Council laid
down protective measures against the introduction
into the Member States of organisms harmful to                   Whereas mutual information on interceptions should
plants or plant products;                                        be made mandatory;
Whereas, having regard to developments since then,
certain of its provisions should be amended for the              Whereas the procedure applicable to amendments of
reasons given below;                                             the Annexes to the Directive which will be made in
                                                                 the light of development of scientific or technical
                                                                 knowledge should be simplified; whereas such
Whereas it is useful to clarify the scope of the                 simplification is also appropriate for amendments
Directive in respect of 'parts of plants' and of 'wood';         supplementing Annex III to the Directive, in order to
                                                                 provide adequate protection where contamination of
Whereas an instrument should be established to                   plants, plant products or other objects by certain
determine, at the Community level, acceptable                    harmful organisms cannot be checked effectively;
tolerances for certain harmful organisms on products
other than plants intended for planting;
                                                                 Whereas derogations from the general provisions of
Whereas it is appropriate to adopt, for the purposes             Directive 77/93/EEC which have been granted under
of Directive 77/93/EEC, the model certificates                   conditions laid down on a Community basis, pursuant
approved under the International Plant Protection                to Article 14 (3) of that Directive, have shown
Convention of 6 December 1951, as amended on 21                  considerable advantages in enabling specific situations
November 1979, in a standardized lay-out which has               to be taken into account; whereas the area in which
been drawn up in close cooperaton with international             such derogations may be granted should therefore be
organizations, and also to lay down rules for the use            extended;
of previous models during a transitional period, and
for certification requirements in the case of the
introduction of plants and plant products from non-
member countries;                                                Whereas, moreover, experience has shown that the
                                                                 degree of urgency of such derogations may be the
                                                                 same as in the case of the safeguard provisions;
                                                                 whereas therefore the urgency procedure specified in
(') OJ No L 26, 31. 1. 1977, p. 20.                              Article 17 of the Directive should also be made
O O J N o L 14, 16. 1. 1981, p. 23.                              applicable to derogations,
 ---pagebreak--- 13.7.84                              Official Journal of the European Communities                            No C 186/7
HAS ADOPTED THIS DIRECTIVE:                                          destination' are replaced by the words 'one of
                                                                     the official languages of the Community, and
                         Article 1                                   preferably filled out in that of the Member State
                                                                     of destination'.
Directive 77/93/EEC is hereby amended as follows:
                                                                  7. In Article 8 (2), second subparagraph, '31
 1. In Article 2 (1) (a), the words 'including fresh
                                                                     December 1980' is replaced by '31 December
    fruit and seeds' are replaced by the words
                                                                     1985'.
    'including fresh fruit, seed, cut flowers, branches
    with foliage and cut trees retaining foliage'.
                                                                  8. Article 10 is deleted.
 2. Article 2 (2) is replaced by the following:
                                                                  9. In Article 11 (1), first sentence, the following is
    '2.     This Directive, save where it is expressly               added before the words 'Member States may':
    provided otherwise, concerns all wood in so far                  'Subject to the provisions of paragraph 3,'.
    as it retains all or parts of its natural round
    surface, with or without bark; such wood is                 10. In Article 11 (1), second sentence, the following
    concerned also where it is in the form of wood                   is added after (d):
    chips or where it is used as dunnage, spacers,
    pallets or packing material in the transport of
                                                                     '(e) where checks are necessary as regards the
    objects of all kinds'.
                                                                           identity of the declared plants, plant
                                                                           products or other objects, unless official
 3. In Article 3, the following paragraph           4a is                  measures or equivalent safeguards have been
    inserted:                                                              taken in the forwarding Member State to
                                                                           ensure such identity;'.
    '4a.     In the case of harmful organisms listed in
    Annex I, part A (a) or Annex II, Part A (a), in so
    far as they already exist within the Community,              11. Article 11 (2) is replaced by the following:
    and provided that there is no risk of harmful
    organisms spreading, the conditions under which                  '2.     They shall not require any additional
    paragraphs 1 and 4 shall not apply may be                        declaration on the certificates referred to in
    determined, in accordance with the procedure                     Article 4, 5, 7, 8 or 9. In the case of plants, plant
    laid down in Article 16, in respect of objects                   products or other objects originating in non-
    other than plants intended for planting.'                        member countries and without prejudice to the
                                                                     requirements which Member States may lay down
                                                                     under Article 3 (5), (6) and (7), Article 4 (2),
 4. Article 7 (1) is replaced by the following:                      Article 5 (2) or paragraph 1 of this Article,
                                                                     Member States shall not require that such cer-
    '1.     "Where it is considered, on the basis of the
                                                                     tificates bear additional declarations not required
    examination laid down in Article 6 (1) and (2),
                                                                     by the Member State which first introduced the
    that the conditions therein are fulfilled and save
                                                                     consignment into the Community, or that an
    where this Directive expressly provides otherwise,
                                                                     additional declaration has a wording which is
    a phytosanitary certificate shall be issued in
                                                                     different from that required by that Member
    accordance with the specimen set out in Annex
                                                                     State.'
    VIII, Part A, drawn up in at least one of
    the official languages of the Community, and
    preferably filled out in that of the Member State            12. In Article 11 (3), first subparagraph, the words
     of destination.                                                  'With regard to fruit and vegetables and potatoes
                                                                      other than seed potatoes,' are deleted, and the
     By way of derogation from the first sub-
                                                                      words 'second sentence' are added after the
     paragraph, remaining stocks of phytosanitary
                                                                      words 'under paragraph 1'.
     certificates issued in accordance with the
     specimen set out in the Annex to the Inter-
     national Plant Protection Convention of 6                   13. In Article 11 (3), second subparagraph, the words
     December 1951 in its original version may be                     'of fruit and vegetables and potatoes other than
     used until 31 December 1984.'                                    seed potatoes' are deleted.
 5. In Article 7 (3), '31 December 1980' is replaced             14. In Article 11 (3), second subparagraph, the final
     by '31 December 1985'.                                           sentence is replaced by the following:
 6. In Article 8 (2), first subparagraph, second                      'Such inspections shall, as a general rule, be
     sentence, the words 'one official Community                      carried out at the place of destination of the
     language, preferably that of the Member State of                 plants, plant products or other objects; they may
 ---pagebreak--- No C 186/8                          Official Journal of the European Communities                                 13.7.84
    be carried out at another suitable place instead,              — to insert additional items in Annex III in
    but always provided that in the latter case the                    order to provide adequate protection against
    place chosen interferes as little as possible with                 harmful organisms occurring in certain non-
    the routing of the plants, plant products or other                 member countries, the presence of which on
    objects.'                                                          plants, plant products or other objects
                                                                       originating     there    cannot     be    checked
15. In Article 11, the following paragraph 6 is added:                 effectively,
    '6.    Member States shall ensure that the plant
    protection organization of the forwarding
                                                                   shall be adopted in accordance              with  the
    Member State is informed of all cases where                    procedure laid down in Article 16.'
    plants, plant products or other objects coming
    from that Member State have been intercepted as
    being subject to prohibitions or restructions
                                                               19. In Article 14 (1) (a), item (i) is deleted.
    relating to plant health measures. This infor-
    mation shall be given immediately and not later
    than one month after the interception. In
                                                               20. In Article 14 (1) (a) (ii) and (iv), the reference to
    accordance with the procedure laid down in
                                                                   Article 10 is deleted.
    Article 16, a standardized information system
    shall be set up.'
                                                               21. In Article 14 (1) (c) (i), the words 'and 4 (1) with
16. In Article 12 (1) (b), second subparagraph, the
                                                                   requirements referred to in Annex III, Part A (8),
    words 'The certificates shall be issued' are
                                                                   and from Articles' are deleted.
    replaced by the words 'The certificates prescribed
    in Article 7, 8 or 9 shall contain information in
    accordance with the specimen set out in the
    Annex to the International Plant Protection                22. In Article 14 (3), the words 'or, in urgent cases,
    Convention of 6 December 1951, as amended on                   with that laid down in Article 17,' are inserted
    21 November 1979, irrespective of their lay-out,               after the words 'laid down in Article 16'.
    and shall be issued'.
17. In Article 12 (1) (b), the following subparagraph          23. In Article 14 (3), second indent, the words '1 to 8
    is added:                                                      and 10' are replaced by the words 'remaining
                                                                   items', and the words 'with regard to the
    'By way of derogation from the preceding sub-                  requirements referred to in Annex IV, Part A, 2,
    paragraph, phytosanitary certificates issued in                3 and 4' are replaced by the words 'with regard
 ,  accordance with the specimen set out in the                    to other requirements referred to in Annex IV,
    Annex to the International Plant Protection                    Part A'.
    Convention of 6 December 1951 in its original
    version may be used for a transitional period. The
    date of expiry of that transitional period shall be        24. In Article 14 (3), the following third indent is
    fixed in accordance with the procedure laid down               inserted:
    in Article 16; it may be different for the various
    non-member countries concerned.'
                                                                   '— from Articles 6, 7 and 12 (1) (b), in the case
18. In Article 13, the following paragraph is added:                    of plants or plant products originating in
                                                                        non-member countries, where the required
    'However, amendments:
                                                                        certificates are currently not issued for such
    — to be made in the light of developments in                        plants or plant products, but where
        scientific or technical knowledge, or                           equivalent safeguards are given,'.
 ---pagebreak--- 13. 7. 84                                              Official Journal of the European Communities                                                   No C 186/9
25. Annex VIII, Part A is replaced by the following:
                                                                              'A. MODEL
      1. Name and Address of exporter                                                     2.               PHYTOSANITARY CERTIFICATE
                                                                                                                      No EC/n/( 2 )
                                                                                              Issued on
     3. Declared name and address of consignee                                            4. Plant protection organization of
                                                                                              to plant protection organization(s) of
                                                                                          5. Place of origin
     6. Declared means of conveyance                                                          n
     7. Declared point of entry
     8. Distinguishing marks; number and description (*) of packages; name of produce;                                   9. Quantity declared (5)
          botanical name of plants
    10. THIS IS TO CERTIFY that the plants or plants products described above:
          — have been inspected according to appropriate procedures, and
          — are considered to be free from quarantine pests and practically free from other injurious pests, and
          — are considered to conform with the current phytosanitary regulations of the importing country.
    11. Additional declaration (6)
    12. Desinfestation and/or disinfection treatment                                                      18. Name of authorized officer
    13. Chemical (active ingredient)                     14. Date
    15. Duration and temperature                         16. Concentration
    17. Additional information
                                                                                                              (Signature of officer and stamp of organization)
    (')  Member State code.
    (*)  Identification number of the certificate.
    (3)  For official use only.
    (') Indication of the type of packages.
    (5) To be expressed either by number or vwsight.
    (6)  If there is insufficient space for the whole of the additional declaration, it should be continued on the back of the form.'
 ---pagebreak--- N o C 186/10                                           Official Journal of the European Communities                                                         13.7.84
26. Annex VIII, Part B is replaced by the following:
                                                                              'B. MODEL
      1. Name and address of exporter                                                     2.                       REFORWARDING
                                                                                                          PHYTOSANITARY CERTIFICATE
                                                                                                                      NoEC/(')/( ! )
                                                                                             issued on
     3. Declared name and address of consignee                                            4. Plant protection organization of
                                                                                             to plant protection organization(s) of
                                                                                          5. Place of origin
     6. Declared means of conveyance                                                         (3)
     7. Declared point of entry
     8. Distinguishing marks; number and description (4) of packages; name of produce;                                   9. Quantity declared (s)
          botanical name of plants
   10. THIS IS TO CERTIFY that the plants or plant products described above
          — were imported into                                         (name of country) from                                      (name of country) covered
              by phytosanitary certificate No                      D original D certified true copy of which is attached to this certificate,
          — are D packed D repacked in EH original D new containers,
          — that based on the D original phytosanitary certificatete D and additional inspection, they are considered to conform with
              the current phytosanitary regulations of the importing country, and
          — that the consignment has not been subjected to the risk of infestation or infection during storage in
                                               (name of contry)
   11. Additional declaration (*)
   12. Desinfestation and/or disinfection treatment                                                      18. Name of authorized officer
   13. Chemical (active ingredient)                     14. Date
   15. Duration and temperature                         16. Concentration
   17. Additional information
                                                                                                             (Signature of officer and stamp of organization)
   (')  Member State code.
   (2)  Identification number of the certificate.
   (3)  For official use only.
   (')  Indication of the type of packages.
   (s)  To be expressed either by number or weight.
   (6)  If there is insufficient space for the whole of the additional declaration, it should be continued on the back of the form.'
 ---pagebreak--- 13.7.84                            Official Journal of the European Communities                   N o C 186/11
                                                       Article 2
        1.    Member States shall bring into force the laws, regulations or administrative
        provisions necessary to comply with the provisions of this Directive on 1 January 1985.
        2.    In respect of points 24 and 25 of Article 1, the date referred to in paragraph 1 may
        be deferred in accordance with the procedure laid down in Article 16 of Directive
        77/93/EEC if it appears that the International Plant Protection Convention as amended
        will not come into force by that date.
        3.    Member States shall immediately inform the Commission of all laws, regulations
        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.
        Proposal B 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(84) 288 final
                           (Submitted by the Commission to the Council on 5 June 1984)
                                                    (84/C 186/09)
        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,
        Whereas by Directive 77/93/EEC (*), as last amended by Directive 81/7/EEC( 2 ), the
         Council laid down protective measures against the introduction into the Member States
         of organisms harmful to plants or plant products;
        Whereas it has appeared that it has been impossible to take all measures necessary to
         comply with the provisions of this Directive within the transitional period adopted in
         respect of Greece; whereas a more appropriate date should therefore be fixed for the
         expiry of that period,
         HAS ADOPTED THIS DIRECTIVE:
                                                        Article 1
         In Article 20 (4) (b) of Directive 77/93/EEC, c l January 1983' is replaced by '1 March
         1985'.
         0) O J N o L 2 6 , 31. 1. 1977, p. 20.
         O O J N o L 14, 16. 1. 1981, p. 23.