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

4. 5. 88                               Official Journal of the European Communities                             No C 117/11
              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(88) 170 final
                              (Submitted by the Commission to the Council on 18 April 1988)
                                                        (88/C 117/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          products within the Community, which is an element
                                                                  essential to agricultural productivity and contributes to
Having regard to the Treaty establishing the European             the proper functioning of the common agricultural
Economic Community, and in particular Article 43                  policy, these latter checks should be progressively
thereof,                                                          reduced and a better balance established, in the matter of
                                                                  checks, between the consignor Member State and the
Having regard to the proposal from the Commission,                Member State of destination, with greater responsibility
                                                                  being placed on the former; whereas Article 11 of
Having regard       to  the   opinion   of   the  European        Directive 77/93/EEC should be amended accordingly;
Parliament,
                                                                  Whereas it is appropriate to provide in certain cases that
Whereas by Directive 77/93/EEC ('), as last amended by
                                                                  the official inspection of plants, plant products and other
Directive 87/298/EEC (2), the Council laid down
                                                                  objects coming from third countries, provided for in
protective measures against the introduction into the
                                                                  Article 12 (1) of Directive 77/93/EEC, should be carried
Member States of organisms harmful to plants or plant
                                                                  out by the Commission in the third country of origin;
products; whereas the protection of plants against such
organisms is absolutely necessary to increase agricultural
productivity, which is one of the objectives of the               Whereas it has also appeared that it is no longer justified
common agricultural policy;                                       that exceptions to the general rules decided pursuant to
                                                                  Article 14 (3) of Directive 77/93/EEC should be allowed
Whereas the plant health laws applicable to the French            solely on the request of the Member States concerned
overseas departments have not been harmonized                     and be applicable only to those Member States; whereas
according to the provisions of Directive 77/93/EEC;               it seems justified to extend such exceptions to all
whereas, given the importance of their trade in plant and         Member States, unless it is established at Community
plant products with the remainder of the Community, it            level that the risk of spreading harmful organisms is not
is now desirable to apply the provisions of that Directive        obviated in respect of certain parts of the Community;
to them; whereas in view of the special nature of
the agricultural production of the French overseas
                                                                  Whereas it has become necessary to improve the func-
departments it is appropriate to provide for additional
                                                                  tioning of the safeguard clause provided for in Article 15
protective measures justified on grounds of the
                                                                   of Directive 77/93/EEC with a view to allowing more
protection of health and life of plants therein; whereas
                                                                   rapid, more comprehensive and more                 effective
the provisions of Directive 77/93/EEC should also be
                                                                   Community action in cases where that clause is used;
 extended to protective measures against the introduction
                                                                  whereas safeguard measures should normally be adopted
 of harmful organisms into the French overseas
                                                                   by the Member State where the problem originates and
 departments from other parts of France;
                                                                   the Commission should have broader powers in
                                                                   connection with the adoption of safeguard measures by
 Whereas it has become necessary to clarify the                    Member States;
 requirement in Article 9 (1) of Directive 77/93/EEC that
 the official phytosanitary certificate required under
Article 7 of the Directive must be issued in the country           Whereas, in order to improve the efficiency of the
 of origin of the plants, plant products or other objects         Community's decision-making process, the procedures
 concerned; whereas it appears appropriate to define the           laid down in Article 16 (4) and 17 (4) of Directive
 exceptions to this requirement in a more general manner           77/93/EEC should be amended;
 so that Article 9 (1) need not be amended whenever a
 relevant amendment is made by the Commission to                   Whereas the measures taken with a view to the
 Annex IV to the Directive;                                        progressive reduction of checks by Member States of
                                                                   destination will necessitate a strengthening of the checks
 Whereas at present, in addition to providing for checks           carried out by consignor Member States; whereas it
 by consignor Member States, Directive 77/93/EEC also              therefore appears necessary to reinforce Community
 allows checks by Member States of destination; whereas,           plant health inspections in order to improve the func-
 in the interest of the free movement of plants and plant          tioning of the current Community plant health regime,
                                                                   with a view to ameliorating the productivity of agri-
 (') OJ No L 26, 31. 1. 1977, p. 20.                               culture and achieving the single market by 1992, but in
 O OJ No L 151, 11. 6. 1987, p. 1.                                  particular with a view to increasing confidence in all
 ---pagebreak--- N o C 117/12                               Official Journal of the European Communities                                    4. 5. 88
plant health checks carried out on plants or plant                     5. In Article 11 (3), second subparagraph,           second
products intended for marketing within the Community;                     sentence, 'one-third' is replaced by 'a           certain
                                                                          percentage'.
Whereas these reinforced Community inspections should
be made by experts employed by the Commission, and                     6. In Article 11 (3), second subparagraph, the following
also by experts employed by Member States, whose                          is added:
services are made available to the Commission;
                                                                          'This percentage may be determined in accordance
                                                                          with the procedure laid down in Article 16. It shall
Whereas the role of these experts should be defined in                    be lower than 33 % and shall progressively be
connection with the activities required under the                         reduced to zero before 31 December 1990.'
Community plant health regime,
                                                                       7. The following paragraph is inserted in Article 11:
HAS ADOPTED THIS DIRECTIVE:                                               '3a. The documentary checks referred to in
                                                                                paragraph 1 (a) and the identity checks referred
                             Article 1                                          to in paragraph 1 (e) shall be carried out only at
                                                                                the time and place at which customs or other
Directive 77/93/EEC is hereby amended as follows:                               administrative formalities in connection with the
                                                                                movement of goods are completed. Member
  1. Article 1 is amended as follows:                                           States shall not require that such formalities be
                                                                                completed at a frontier between Member States.
     (a) in paragraph 2, 'to the French                 overseas                In accordance with the procedure laid down
          departments, nor' are deleted;                                        in Article 16 it shall be decided before
                                                                                31 December        1989 what       percentage    of
     (b) the following paragraph is added:                                      consignments may be subject to occasional
          '3.    Protective measures which are justified on                     documentary and identity checks by sampling.
          grounds of the protection of health and life of                       This percentage shall be less than 33 °/c and
          plants in the French overseas departments and                         shall progressively be reduced to zero before
          which are additional to those laid down in this                       31 December 1991.'
          Directive may be determined in accordance with
          the procedure laid down in Article 16.                       8. Article 11 (4) is replaced by the following:
          This Directive shall also concern protective                    '4.     If it is ascertained that part of a consignment
          measures against the introduction of harmful                    of plants, plant products or other objects is
          organisms into the French overseas departments                  contaminated by harmful organisms listed in
          from other parts of France.'                                    Annexes I and II, the introduction of the other part
                                                                          shall not be prohibited provided that it is not
 2. Article 9 (1) is replaced by the following:                           suspected of being contaminated and provided that
                                                                          there appears to be no possibility of harmful
     '1.     Without prejudice to Articles 7 and 8, Member                organisms having spread following the splitting up of
     States shall lay down that the plants, plant products                the consignment.'
     and other objects which originate in a Member State
     or in a third country and are listed in Annex IV, part            9. The following paragraph is added to Article 12:
     A, except those specified below, shall not be
     introduced into another Member State unless the                      '5.     It may be agreed, in technical arrangements
     official phytosanitary certificate required pursuant to               made between the Commission and certain third
     Article 7 has been issued in the country in which                    countries and approved in accordance with the
     they originate. They must be accompanied by that                     procedure laid down in Article 16, that the
     certificate or by a certified copy thereof. These                     inspections referred to in paragraph 1 (a) be carried
     provisions do not apply                                               out by the Commission, in the territory of the third
                                                                          country concerned, in cooperation with the official
     — in the case of wood, if under the special                          plant protection organization of that country.'
          requirements laid down in Annex IV part A it is
          sufficient that it is stripped of its bark,                 10. In Article 14 (2) second sentence, the following is
                                                                           inserted after the words 'after adoption of the said
     — in other cases, if the special requirements laid                    provisions':
          down in Annex IV part A can be fulfilled also at                 'and, where appropriate, following investigations
          places other than that of production.'                           carried out by the Commission in the country of
                                                                           origin of the plants or plant products concerned.'
  3. In Article 11 (1), first sentence, 'at the time of their
     introduction' is replaced by 'in the event of their              11. In Article 14 (3), introductory sentence, 'on request'
     introduction'.                                                        is deleted.
  4. In Article 11 (1), second sentence, the text under (b)           12. In Article 14 (3), the following subparagraph is
      is deleted.                                                          added:
 ---pagebreak--- 4. 5. 88                                  Official Journal of the European Communities                               No C 117/13
     'The authorizations shall apply to all Member States,               the same procedure, shall amend or repeal, as that
     and all Member States shall permit the introduction                 development requires, the measures mentioned in
     of plants, plant products or other objects marketed                 this paragraph and in paragraph 3.
     in another Member State in accordance with the
     conditions of the authorization, unless it is estab-                5.     To the extent that this proves necessary, the
     lished that the risk of spreading harmful organisms                 Commission shall adopt, in accordance with the
     through the product concerned in certain regions is                 procedure laid down in Article 16, detailed rules for
     not obviated, taking into account the differences in                the application of this Article.'
     agricultural and ecological conditions. In such cases,
     the Member States concerned shall expressly be                  14. At the end of the second subparagraph of both
     exempted from the obligations derived from the                      Article 16 (4) and Article 17 (4), 'except where the
     above provisions in the decisions providing for the                 Council has rejected the said measures by a simple
     authorizations. The risk shall be assessed on the                   majority' is deleted.
     basis of available scientific and technical infor-
     mation: where such information is insufficient, it              15. The following Article is inserted:
     shall be completed by additional enquiries or, where
     appropriate, by investigations carried out by the                    'Article 19a
     Commission in the country of origin of the plants,
                                                                          1.     For the purpose of ensuring the correct and
     plant products or other objects concerned.'
                                                                         uniform application of this Directive, and without
                                                                         prejudice to checks carried out by the Member
13. Article 15 is replaced by the following:                             States, the Commission may carry out checks by
                                                                         experts. In appropriate cases these checks shall be
       'Article 15                                                       carried out on site.
      1.     Each Member State shall immediately notify
     the Commission and the other Member States of any                   2.      The experts referred to in paragraph 1 may be:
     occurrence or suspected occurrence of harmful
                                                                         —      employed by the Commission,
     organisms, whether or not listed in the Annexes, in
      its territory. It shall also inform the Commission and             —      employed by Member States, and put at the
     the other Member States of the measures which it                           disposal of the Commission on a temporary or
      has taken. These measures must be such as to                              ad hoc basis.
      eliminate any risk of the spread of the harmful
      organism concerned in the territory of the                          3.     In carrying out their duties, these experts may:
      Community.
                                                                         — monitor examinations pursuant to Article 6, and
      2.     Where a Member State considers that there is                     monitor or carry out inspections pursuant to
      an imminent danger of the introduction or spread in                     Article 12(1),
      its territory of harmful organisms, whether or not
      listed in the Annexes, from third countries, it shall              — carry out the activities specified in Articles 12 (5)
      immediately notify the Commission and the other                         and 14 (2) and (3),
      Member States.
                                                                          — make the investigations referred to in Article 15
      In respect of the particular consignments of plants,                    (3),
      plant products or other objects considered to present
                                                                          — assist the Commission in the matters referred to
      the danger, the Member State concerned shall im-
                                                                              in paragraph 6,
       mediately take the measures necessary to protect the
       Community from that danger and shall inform the                    — carry out any other task assigned to them in
       Commission and the other Member States thereof.                         accordance with the procedure laid down in
                                                                              Article 16.
       3.     In cases within paragraph 1 or paragraph 2, the
       Commission may make immediate on-site investi-
                                                                          4.     For the purpose of the tasks referred to in
       gations. In any case, if the Commission considers
                                                                          paragraph 3, the experts may under the same terms
       that the measures referred to in paragraph 1 are
                                                                          as those applicable to national inspectors
       insufficient, and wherever paragraph 2 applies, the
       Commission shall adopt, within the shortest possible               — inspect nurseries, farms and other places where
       time, such measures as it judges appropriate to the                     plants, plant products or other objects intended
       situation.                                                              for introduction into other Member States are or
                                                                               were grown, produced, processed or stored,
       4.     In cases within paragraph 1 or paragraph 2, the
       Commission shall examine the situation as soon as                  — inspect places where examinations pursuant to
       possible within the Standing Committee on Plant                         Article 6 or inspections pursuant to Article 12 are
       Health. The Commission may take necessary                               carried out,
        measures in accordance with the procedure laid
       down in Article 17. The Commission shall follow the                — consult officials of the official plant protection
        development of the situation and, in accordance with                   organizations of the Member States,
 ---pagebreak--- No C 117/14                            Official Journal of the European Communities                                4. 5. 88
   — accompany national inspectors when they carry                     7.    The Commission shall adopt, in accordance
       out activities for the purposes of this Directive.              with the procedure laid down in Article 16, detailed
                                                                       rules for the application of this Article.'
   5.     Member States shall ensure that the experts
   may carry out their tasks without hindrance, and
   shall provide them with all facilities necessary for the                                  Article 2
   carrying out of these tasks, including laboratory
                                                                   1.   Member States shall bring into force the laws,
   equipment and laboratory staff.
                                                                   regulations or administrative provisions necessary to
   6.     The Commission shall:                                   comply with this Directive by 1 January 1989.
   — establish a network for the notification of new
        occurrences of harmful organisms,                          2.   Member States shall immediately inform the
                                                                   Commission of all laws, regulations and administrative
   — make recommendations for notes for the                       provisions adopted in implementation of this Directive.
       guidance of the experts and of national                    The Commission shall inform the other Member States
        inspectors in carrying out their activities.               thereof.
   To assist the Commission in this latter task, Member
   States shall notify the Commission of their current                                       Article 3
   national inspection procedures in the plant health
   field.                                                         This Directive is addressed to the Member States.
             Proposal for a Council Directive amending for the ninth time Directive 76/769/EEC on the
             approximation of the laws, regulations and administrative provisions of the Member States
             relating to restrictions on the marketing and use of certain dangerous substances and
                                                         preparations
                                                     COM(88) 190 final
                              (Submitted by the Commission to the Council on 20 April 1988)
                                                        (88/C 117/11)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Article 100A thereof,
             Having regard to the proposal from the Commission,
             In cooperation with the European Parliament,
             Having regard to the opinion of the Economic and Social Committee,
             Whereas measures should be adopted which are intended gradually to establish the internal
             market during a period expiring on 31 December 1992; whereas the internal market comprises
             an area without internal frontiers within which the free movement of goods, persons, services
             and capital are guaranteed;
             Whereas both pentachlorophenol (CAS No 87-86-5) and its compounds are substances that are
             dangerous to man and the environment, and in particular the aquatic environment; whereas the
             use of those substances should be regulated;
             Whereas restrictions which have already been imposed by certain Member States on the use or
             marketing of the abovementioned substances or of preparations containing those substances
             directly effect the establishment and operation of the internal market; whereas it is therefore
             necessary to approximate the laws of the Member States in this field and, consequently, to
             amend Annex I to Council Directive 76/769/EEC ('), as last amended by Directive                   ;
             (') OJ No L 262, 27. 9. 1976, p. 201.