CELEX: 51992PC0559
Language: en
Date: 1992-12-14
Title: Proposal for a COUNCIL DIRECTIVE for a Council Directive amending Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, and Directive 91/683/EEC amending Directive 77/93/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  C 0 M O 2 ) 559 final
                                                                  Brussels, 1A December 1992
                                                   Proposal for a
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                                                 COUNCIL DIRECTIVE
                               for a Council Directive amending Directive 77/93/EEC
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                        on protective measures against the introduction into the Community
                        of organisms harmful to plants or plant products and against their
                          spread within the Community, and Directive 91/683/EEC amending
                                                Directive 77/93/EEC
                                          (presented by the Commission)
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                           EXPLANATORY MEMORANDUM
By Directive 91/683/EEC, amending Directive 77/93/EEC, the Council
established the Community plant health regime applicable to the Community
as an area without internal frontiers.
According to the provisions of the abovementioned Directive many of them
shall apply with effect from 1 January 1993, whilst Member States shall
bring into force the laws, regulations or administrative provisions
necessary to comply with them six months after the revision of Annexes I to
V to Directive 77/93/EEC. However, the revision of the annexes I to IV has
not been completed yet, which implies an element of uncertainty about the
actual date of implementation of the aforesaid provisions.
This proposal specifies the precise date of implementation at the earliest
possible time and makes it possible to adopt, in accordance with the
established Standing Committee procedure, appropriate conservatory measures
which are necessary to apply the previous Community plant health regime
during the transitional period starting with the coming into force of the
provisions ensuring an area without internal frontiers on 1 January 1993,
and expiring on the date of implementation of the other provisions.
 ---pagebreak---                                      - 2 -
                              Commission Proposal
             for a Council Directive amending Directive 77/93/EEC
      on protective measures against the introduction into the Community
      of organisms harmful to plants or plant products and against their
        spread within the Community, and Directive 91/683/EEC amending
                              Directive 77/93/EEC
^THE COUNCIL OP THE EUROPEAN JQOMKUNXTIES,
•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,
Having regard to the opinion of the Economic and Social Committee,
Whereas Council Directive 77/93/EEC of 21 December 1976 on protective
measures against the introduction into the Community of organisms harmful
to plants or plant products and against their spread within the
Community(*), as last amended by Council Directive 92/98/EEc( 2 ), has
established, in particular by amending Directive 91/683/EEC(3), the
Community plant health regime applicable to the Community as an area
without internal frontiers;
Whereas many of the provisions shall apply with effect from
 1 January 1993, whilst Member States shall bring into force the laws,
 regulations or administrative provisions necessary to comply with them six
 months after the revision of Annexes I to V to Directive 77/93/EEC;
 (1) OJ No L 26, 31.01.1977, p. 20.
 (2) OJ No L
 (3) OJ No L 376, 31.12.1991, p. 29
 ---pagebreak---                                    - 3 -
Whereas the revision of these Annexes has not been completed yet;
Whereas this situation implies an element of uncertainty about the actual
date of implementation of the aforesaid provisions, as well as the risk of
an unacceptable delay in that implementation, in particular of those
ensuring an area without internal frontiers in the field of plant health;
Whereas it is essential to provide for appropriate legal security and to
ensure that the provisions are implemented at the earliest possible date,
without prejudice to the coming into force of those ensuring an area
without internal frontiers, within the meaning of Article 8a of the Treaty;
Whereas the precise date of implementation should be specified;
Whereas, moreover, it should be made possible to adopt, in accordance with
an established Standing Committee procedure, appropriate conservatory
measures which are necessary to apply the previous Community plant health
regime during the transitional period starting with the coming into force
of the provisions ensuring an area without internal frontiers on
1 January 1993, and expiring on the date of implementation of the other
provisions;
HAS ADOPTED THIS DIRECTIVE:
                                 Article 1
The dates referred to in Articles 1(5), 3(4), 4(2)(a) and (4), 5(2) and
(4), 6(4), (5) and (9), 10(1), (2)(a), (2)(b) and (5) and 12(6), (7) and
(8) of Directive 77/93/EEC are hereby replaced by 1 June 1993 respectively.
                                 Article 2
Article 3(1) first sentence of Directive 91/683/EEC shall be replaced by
the following:
"Member States shall bring into force the laws, regulations or
administrative provisions necessary to comply with this Directive on
1 June 1993."
 ---pagebreak---                                     - 4-
                                 Article 3
Conservatory measures which are necessary to apply the Community plant
health regime during the transitional period from 1 January 1993 to
31 May 1993 may be adopted in accordance with the procedure laid down in
Article 16a of Directive 77/93/EEC.
                                 Article 4
1. Member States shall bring into force the laws, regulations or
    administrative provisions necessary to comply with this Directive on
    1 January 1993. They shall forthwith inform the Commission thereof.
    When Member States adopt these measures, they shall contain a reference
    to this Directive or shall be accompanied by such reference on the
    occasion of their official publication.
    The methods of making such a reference shall be laid down by the Member
    States.
2.  Member States shall immediately communicate to the Commission all
    provisions of domestic laws which they adopt in the field governed by
    this Directive. The Commission shall inform the other Member States
    thereof.
                                 Article 5
This Directive is addressed to the Member States.
Done at Brussels,                             For the Council
 ---pagebreak---  ---pagebreak---                                                r                      ISSN 0254 1475
                                                               COM (92) 559 final
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                                 Catalogue number : CB-CO-92-580-EN-C
                                                             ISBN 92-77-50753-5
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