CELEX: 51979PC0452
Language: en
Date: 1979-07-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/97/EEC ON PROTECTIVE MEASURES AGAINST THE INTRODUCTION INTO THE MEMBER STATES OF HARMFUL ORGANISMS OF PLANTS OR PLANT PRODUCTS (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 452
Vol. 1979/0158
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM < 79 ) 452 final
                                       Brussels . 30th July 1979
                     PROPOSAL FOR A COUNCIL DIRECTIVE
                              V-' -                - v
          AMENDING DIRECTIVE 77/97 /EEC ON PROTECTIVE MEASURES
            AGAINST THE INTRODUCTION INTO THE MEMBER STATES
            OF HARMFUL ORGANISMS OF PLANTS'OR PLANT PRODUCTS
             ( presented by the Commission to the Council )
 C0M(79 ) 452 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
 Council Directive 77 / 93 / EEC of 21 December 1976 on protective measures against
 the introduction into the Member States of harmful organisms of plants or plant
          (1 )
 products       has laid down the measures which must or may be applied for
purposes of plant protection to intra- community trade in plants or plant
products or' to imports from third countries .
Developments since the adoption of this Directive have revealed the need to
make certain amendments to its provisions to be implemented forthwith .
The FAO Conference has not yet amended the International Plant Protection
Convention of 6 December 1951jto incorporate in it the recommendations of the
1976 FAO Consultation concerning the model certificates to be used for trade
in plants or plant products , which have already been taken into account in the
abovementioned Directive .      Consequently , it is necessary to authorise for a
transitional period use of the model certificate which is provided for in the
present text of the Convention and has been in use hitherto .
The Directive provides for a period of time in which a system of measures is to
be set up at Community level to ensure compliance with the phytosanitary
requirements for seeds provided for in the Directive .        In essence , this involves
the establishment of a link between the plant health controls and the Community
systems for certification of seeds and propagating material with regard to
quality .   This period of time has proved to be insufficient and it is necessary
to extend it .
With regard to imports of plants or plant products from third countries ,
experience has shown that certificates complying with the required models are
in certain cases issued by departments other than those authorised for these
purposes .     It is desirable therefore to extend the Directive so as to authorise
satisfactory procedures in such cases .       In addition , it may be useful to list
for information the authorised departments in third countries .
The Directive provides special requirements for round oak wood to protect
the Community against the introduction of oak wilt ( Ceratorysis fagacearum ).
To ensure effective protection , it is necessary to extend the protective
measure to oak lumber in view of the risk of introducing this organism via the
latter .   A degree of flexibility in applying the measures is , however , called
for to allow the particular circumstances of each individual case to be better
taken into account .     There must therefore be provision for the possibility to
(1 )  OJ No L 26 of 31.1.1977 , p. 20
 ---pagebreak---                                     - 2 -
make exceptions , under conditions laid down at Community level , from the
general rules .
Finally , the wording of certain provisions of the Directive may give rise to
ambiguous interpretation and it is therefore desirable to make these texts
clearer
         C
 ---pagebreak---             Proposal for a Council Directive amending Directive 77 / 97 / EEC on
protective measures against the introduction into the Member States of
harmful organisms of plants or plant products
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 Council Directive 77 / 93 / EEC laid down the measures which Member State
 shall or may apply, on grounds of the protection of plant health , in intra-
 community trade in plants or plant products or on their importation from non-
 member countries ;
Whereas , having regard to developments               since the adoption of the
abovementioned Directive , certain of its provisions should be amended       as
 stated below;                     J
Whereas the International Plant Protection Convention of 6 December 1951 ,
despite the recommendations put forward at the FAO consultation of 1976 , has
not yet been amended in such a way to allow the introduction of the model certi
ficates provided for in the Directive ; whereas, therefore, the model certificates
set out in the current version of the Convention should be allowed for a
transitional period .
(1 )  OJ No L 26 , 31.1.1977 , p. 20
 ---pagebreak---                                         - 2 -
Whereas, in the case of seeds , the measures to ensure compliance with the
requirements Laid down in the Directive , are to be determined at Community
Level ; whereas the period specified for this purpose has not been sufficient
and should therefore be extended ,
Whereas in the case of importations of plant or plant products from non-member
countries the authorities responsible in such       countries for issuing certificates
should be , in principle , those empowered under the International Plant Protection
Convention ; whereas it could be desirable to establish lists of these authorities ;
Whereas the measures laid down in the Directive ,     in the case of oak round wood -
against the introduction of oak wilt ( Ceratocystis fagacearum ) into the
Community have on the one hand proved insufficient and on the other unnecessarily
strict / ' whereas , in the interests of effective protection ,
a basis should be established for the extension of such measures to oak lumber ;
whereas the Member States should also be given the ' power           to permit
 under certain conditions to be determined beforehand at Community level ,
 derogations from the general requirements on oak wilt and similar cases ,
Whereas it is useful , furthermore , to clarify certain provisions of the Directive ,
HAS ADOPTED THIS DIRECTIVE :
                                      Article 1
Directive 77 / 93 / EEC is hereby amended as follows :
1.   Article 2(2 )     is     replaced by thefol lowing :
     "2 .  This Directive , save where it expressly provides otherwise * concerns
           wood only in so far as it retains all or part of its natural round
           surface , with or without bark ."
2.   In Article 7(1 ), first sentence , the words "( 1 ) and ( 2 )" shall be added
     after the words " in Article 6 ".
3.   In Article 7(1 ), third and fourth sentences as follows shall be added :
     "By way of derogation from the provisions laid down in the first sentence , the
     phytosanitary certificate shall , for a transitional period , be "> n
     accordance with the specimen set out in the Annex to the International Plant
     Protection Convention of 6 December 1951 .     The . date of expiry of the abovemen-
     tioned period shall be fixed in accordance with.>the procedure laitf ddwn
     in Article 16 ."
 ---pagebreak--- In Article 7(3 ) the words          by   31 December 1980" shall be substituted
for the words " before expiry of the period referred to in Article 20(1)(b )".
In Article 8(2 ) ,    there is added a fifth sentence as follows :
" Remaining stocks of certificates based upon a model used
 previously for re-forwarding may be used until 31 December 1980 ."
In Article 9(1 ), there are added after the words "provided for in Articles
7 and 8"the words " and issued by countries other than the country of origin"
In Article 12(1)(a ), there are added after the words " to make sure ", the
 words " as far as can be determined ".
In Article 12(1)(b ), there are added second and third sentences as follows :
" The certificates shall be issued by authorities empowered for this purpose
under the International Plant Protection Convention of 6 December 1951 ,
or , in the case of non-contracting countries , on the basis of laws or
regulations of the country .        In accordance with the procedure laid down
in Article 16 , lists of the authorities empowered by the various non-member
countries to issue certificates may be established ."
Article 14(3 ) shall be replaced by the following :
" 3 . In accordance with procedure            laid down in Article 16 , Member
      States may be authorized on request to provide for derogations in
      so far as such derogations are not yet allowed under paragraph 1 ,
      - from Article 4(1 ) with regard to Annex III part A ( 9 ) for trial
         or scientific purposes and for work on varietal selection ,
      -  from Article 4(1 ) with regard to Annex III part A ( 1 ) to ( 7 ) and
         ( 10 ), "and          from Article 5 ( 1 ) and the third indent of
         Article 12(1 ) ( a ), with regard to the requirements referred to in
         Annex IV part A ( 2 ), ( 3 ) and ( 4 ),
 ---pagebreak---                                      - 4 -
          provided that
         -   by virtue of the origin of the plants or plant products , or
         -   by means of an appropriate treatment^, or
         -   by means of particular precautions in view of the use of the
             plants or products
             it can be ensured that there is no risk of spreading harmful organisms ."
                                  Arti c le 2
Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive with effect
from the date laid down in Article 20(1)(b ) of Directive 77 / 93 / EEC .
                                  Arti ele 3
This Directive is addressed to the Member States.
Done at Brussels ,                                   For the Council
                                                     The President