Avis juridique important

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31977L0093

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 products

Official Journal L 026 , 31/01/1977 P. 0020 - 0054 Greek special edition: Chapter 03 Volume 17 P. 0003  Spanish special edition: Chapter 03 Volume 11 P. 0121  Portuguese special edition Chapter 03 Volume 11 P. 0121  Finnish special edition: Chapter 3 Volume 8 P. 0006  Swedish special edition: Chapter 3 Volume 8 P. 0006

COUNCIL DIRECTIVE  of 21 December 1976  on protective measures against the introduction into the Member States of harmful organisms of plants or plant products  (77/93/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas plant production is very important to the Community;  Whereas plant production yields are consistently reduced through the effects of harmful organisms;  Whereas the protection of plants against such organisms is absolutely necessary not only to avoid reduced yields but also to increase agricultural productivity;  Whereas action taken by Member States and aimed at the systematic eradication of harmful organisms within Member States would have only a limited effect if protective measures against their introduction were not applied at the same time;  Whereas the need for such measures has long been recognized ; whereas they have formed the subject of many national regulations and international conventions, including the International Plant Protection Convention of 6 December 1951 concluded at the United Nations, Food and Agricultural Organization, which is of world-wide interest;  Whereas this International Plant Protection Convention and the close cooperation of States in the European and Mediterranean Plant Protection Organization have, to a certain extent, already resulted in the harmonization of plant-health laws;  Whereas, independently of this international cooperation, closer harmonization of the provisions against the introduction of harmful organisms into the Member States of the Community is required;  Whereas it is necessary to make common protection arrangements against the introduction of harmful organisms from non-member countries and also to re-organize plant-health inspection in conjunction with the gradual removal of obstacles to and checks on intra-Community trade;  Whereas, in this respect, one of the most important measures consists in listing the particularly dangerous harmful organisms whose introduction into the Member States must be totally prohibited and also the harmful organisms whose introduction into the Member States when carried by certain plants or plant products must also be prohibited;  Whereas the presence of some of these harmful organisms, when plants or plant products are introduced from countries in which these organisms occur, cannot be effectively checked ; whereas it is therefore necessary to make minimum provision for bans on the introduction of certain plants and plant products, or to provide for special checks to be made in the producer countries;  Whereas, due to special circumstances, certain other harmful organisms are significant in certain Member States only ; whereas it is sufficient to allow these States the option to subject these harmful organisms to the Community rules on plant health;  Whereas in intra-Community trade, a plant health control currently operates for all plants, plant products and other objects not only in the consignor country but also in the country of destination ; whereas it is desirable to abolish the latter controls gradually and, to that end, to render those of the  (1)OJ No 187, 9.11.1965, p. 2900/65. (2)Opinion delivered 13 October 1965 (not published in the Official Journal).   consignor country compulsory and more stringent, in order to forestall as far as possible any introduction of harmful organisms into the country of destination;  Whereas, if the result of the plant-health check made in the consignor Member State is satisfactory, a phytosanitary certificate conforming to the model introduced by the International Plant Protection Convention must generally be issued;  Whereas, in order to avoid any further unnecessary checking, provision must be made for drawing up re-forwarding phytosanitary certificates under certain conditions for consignments covered by a phytosanitary certificate and coming from other Member States;  Whereas, if a plant-health check carried out in the consignor Member State constitutes a guarantee that the products are free from harmful organisms, it is possible to dispense with the systematic checks carried out in the Member State of destination;  Whereas, until confidence is established between Member States regarding the correct operation of inspection systems in the consignor Member States, systematic checks can only be dispensed with gradually;  Whereas in this respect, it would appear justified for systematic checks to continue to be allowed in the country of destination for a period of four years from the notification of this Directive, while all the other provisions of this Directive must be transposed into national laws by the end of the second year following this notification;  Whereas, on expiry of the four-year period, the plant-health checks carried out in the country of destination on fruit, vegetables and potatoes, apart from seed potatoes, will no longer be permitted, except for special reasons or, to a limited extent, apart from certain inspection formalities;  Whereas such plant-health checks must be limited to introductions of products originating in non-member countries and to cases where there is strong evidence that one of the plant-health provisions has not been observed ; whereas, in all other cases, occasional checks only may be allowed;  Whereas on the other hand, it is necessary for Member States to require, with regard to introductions of products from non-member countries, checks to be carried out at least on the principal carriers of harmful organisms;  Whereas it is also necessary to make provision under certain conditions for Member States to be able to permit derogations from a certain number of provisions;  Whereas Member States must also have the right to take protective measures not laid down in this Directive, in the case of imminent danger of the introduction or spread of harmful organisms;  Whereas in this case in particular, it is appropriate for Member States to cooperate closely with the Commission within the Standing Committee on Plant Health set up by Decision 76/894/EEC (1);  Whereas the Community provisions laying down plant health measures are not in principle affected by this Directive ; whereas this also applies to any plant health provisions laid down by Member States on protection against harmful organisms which generally attack plants or plant products in storage and certain other plant health measures laid down by Member States concerning both national and imported products;  Whereas the situation in the French overseas departments differs from that in the other parts of the Community owing to the conditions as regards climate, agricultural production, harmful organisms and trade patterns, taken as a whole ; whereas, for the time being it is therefore not possible to apply the provisions of this Directive to the said departments until they have been suitably adjusted,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive concerns protective measures against the introduction into the Member States from other Member States or non-member countries of organisms which are harmful to plants or plant products.  2. This Directive shall not apply to the French overseas departments.   Article 2 1. For the purposes of this Directive:    (a) plants : shall be considered to mean living plants and living parts of plants, including fresh fruit and seeds;  (1)OJ No L 340, 9.12.1976, p. 25.        (b) plant products : shall be considered to mean products of plant origin, unprocessed or having undergone simple preparation, in so far as these are not plants;       (c) planting : shall be considered to mean any operation for the placing of plants to ensure their subsequent growth, reproduction or propagation;       (d) harmful organisms : shall be considered to mean pests of plants or of plant products, which belong to the animal or plant kingdoms, or which are viruses, mycoplasmas or other pathogens;       (e) official statement : shall be considered to mean statement made by representatives of the official plant-protection organization or, under their responsibility, by other public servants.         2. This Directive concerns wood only in so far as it retains all or part of its natural round surface, with or without bark.   Article 3 1. Member States shall ban the introduction into their territory of the harmful organisms listed in Annex I, Part A.  2. Paragraph 1 shall not apply during the period 16 October to 30 April in the case of slight contamination of cut flowers by the harmful organisms referred to in Annex I, Part A (a) (1) and (4).  Under the procedure laid down in Article 16, Member States may be authorized on request to shorten the aforesaid period.  3. Paragraph 1 shall not apply in the case of slight contamination of fruit by the harmful organism referred to in Annex I, Part A (b) (3). However, paragraph 1 shall apply during the period 1 May to 15 September, in so far as this harmful organism is young and mobile.  4. Member States shall ban the introduction into their territory of the plants and plant products listed in Annex II, Part A, where they are contaminated by the relevant harmful organisms listed in that part of the Annex.  5. Member States may ban the introduction into their territory of the harmful organisms listed in Annex II, Part A, whether in an isolated state or occurring on objects other than the relevant ones listed in that part of the Annex.  6. The Member States listed in Annex I, Part B, and in Annex II, Part B, may ban the introduction into their territory of:    (a) the harmful organisms listed in Annex I, Part B, against their names;       (b) the plants and plant products listed in Annex II, Part B, against their names, where they are contaminated by the relevant harmful organisms listed in that part of the Annex.         7. Member States may lay down that the introduction into their territory of organisms in an isolated state other than those listed in Annexes I and II which might be considered harmful shall be prohibited or require special authorization.   Article 4 1. Member States shall ban the introduction into their territory of the plants or plant products listed in Annex III, Part A, where they originate in the relevant countries referred to in that part of the Annex.  2. Member States may:    (a) ban the introduction into their territory of the plants, plant products and other objects listed in Annex III, Part B, against their names;       (b) require of the other Member States, from which the plants or plant products listed in Annex III, Part A, other than those listed in (9) and (10) are introduced into their territory, an official certificate stating the country from which these products originate.          Article 5 1. Member States shall ban the introduction into their territory of the plants, plant products and other objects listed in Annex IV, Part A, unless the relevant special requirements indicated in that part of the Annex are met.  2. Member States may:    (a) lay down that the special requirements listed in Annex IV, Part A (1), (2), (3) or (5) shall also apply to non-member countries not referred to therein, if they do not lay down equivalent  conditions for wood originating in the relevant countries described in therein;       (b) ban the introduction into their territory of the plants listed in Annex IV, Part B, against their names unless the relevant special requirements indicated in that part of the Annex are met;       (c) require of the other Member States, from which the plant products listed in Annex IV, Part A (1), (2), (3) or (5) are introduced into their territory, an official certificate stating the country in which these products originate.          Article 6 1. Member States shall lay down, at least in respect of the introduction into another Member State of the plants, plant products and other objects listed in Annex V, that the latter and their packaging shall be meticulously examined on an official basis, either in their entirety or by representative sample, and that, if necessary, the vehicles transporting them shall also be officially examined in order to make sure:    (a) that they are not contaminated by the harmful organisms listed in Annex I, Part A;       (b) in the case of the plants and plant products listed in Annex II, Part A, that they are not contaminated by the relevant harmful organisms listed in that part of the Annex;       (c) in the case of the plants, plant products and other objects listed in Annex IV, Part A, that they comply with the relevant special requirements indicated in that part of the Annex.         2. Member States shall lay down the inspection measures referred to in paragraph 1 in order to ensure compliance with Article 3 (5), (6) and (7) or Article 5 (2), where the Member State of destination avails itself of one of the options listed in the abovementioned Articles.  3. Member States shall lay down that the seeds referred to in Annex IV, Part A, which are to be introduced into another Member State shall be officially examined in order to make sure that they comply with the relevant special requirements listed in that part of the Annex.   Article 7 1. Where it is considered, on the basis of the examination laid down in Article 6, that the conditions therein are fulfilled, a phytosanitary certificate shall be issued in accordance with the specimen in Annex VIII, Part A, drawn up in at least one of the official languages of the Community, preferably that of the Member State of destination. For other objects, the words "plants or plant products described" shall be replaced on the certificate by the words "objects described".  2. Member States shall lay down that the plants, plant products and other objects listed in Annex V may not be introduced into another Member State unless they are accompanied by a phytosanitary certificate issued in accordance with paragraph 1. The phytosanitary certificate may not be made out more than 14 days before the date on which the plants, plant products or other objects leave the consignor Member State.  3. The action to be taken by the Member States in order to implement Article 6 (3) shall be determined in accordance with the procedure laid down in Article 16 before expiry of the period referred to in Article 20 (1) (b).   Article 8 1. Unless one of the eventualities provided for in paragraph 2 arises, Member States shall lay down that the plants, plant products and other objects listed in Annex V which have been introduced into their territory from a Member State and which are to be introduced into the territory of another Member State shall be exempted from a further inspection complying with Article 6, if they are accompanied by a phytosanitary certificate from a Member State, made out in accordance with the specimen in Annex VIII, Part A.  2. Where plants, plant products or other objects from a Member State have been split up or stored or their packaging changed in a second Member State and are then introduced into a third Member State, the second Member State shall be absolved from making a new inspection complying with Article 6 if it is officially ascertained that no change in these products has occurred in its territory which would involve non-compliance with the conditions laid down in Article 6. In this case a re-forwarding phytosanitary certificate in accordance with the specimen in Annex VIII, Part B, drawn up in at least one official Community language, preferably that of the Member State of destination, shall be issued. This certificate must be attached to the phytosanitary certificate issued by the first Member State or to a certified copy of the latter certificate. This certificate may be entitled "phytosanitary certificate for re-export".   The re-forwarding phytosanitary certificate may not be made out more than 14 days before the date on which the plants, plant products or other objects leave the re-forwarding country.  3. Paragraphs 1 and 2 shall also apply when plants, plant products or other objects are introduced successively into several Member States. If, in that case, more than one re-forwarding certificate has been issued, the products must be accompanied by the following documents:    (a) the latest phytosanitary certificate or a certified copy thereof;       (b) the latest re-forwarding phytosanitary certificate;       (c) the re-forwarding phytosanitary certificates previous to the certificate referred to under (b) or certified copies thereof.          Article 9 1. Member States shall lay down that the plants, plant products and other objects which originate in another Member State or in a non-member country and are listed in Annex IV, Part A, except those in (1), (2), (3) (b), (4) (b), (5), (6), (35) and (36), shall not be introduced into another Member State unless accompanied by an official phytosanitary certificate in accordance with the specimen in Annex VIII, Part A, issued in the country in which they originate, or by a certified copy of that certificate, in addition to the certificates provided for in Articles 7 and 8.  2. Paragraph 1 shall also apply to the introduction of the plants and plant products listed in Annex IV, Part B, into the relevant Member States whose names are indicated against those products in that part of the Annex.   Article 10 1. Member States shall lay down that the plants listed in Annex VI introduced into their territory must be disinfected effectively against San José scale on their arrival. However they shall not require such disinfection if there is absolutely no likelihood of San José scale being propagated.  2. Under the procedure laid down in Article 16, Member States may be authorized on request to require that the plants referred to in paragraph 1 must be disinfected before entry into their territory.   Article 11 1. Member States may lay down that plants, plant products and other objects and their packaging and the vehicles transporting them be subject, at the time of their introduction into their territory from another Member State, to an inspection to ascertain compliance with the prohibitions and restrictions laid down in Articles 3, 4 and 5. Member States shall ensure that these plants, plant products and other objects, where their introduction is not prohibited under Article 3, 4 or 5, are not subjected to prohibitions or restrictions relating to plant-health measures except where:    (a) the certificates referred to in Article 4, 5, 7, 8 or 9 are not not produced;       (b) the plants, plant products or other objects are not introduced at one of the prescribed entry-points;       (c) the plants, plant products or other objects are not submitted as laid down in the regulations to an official inspection permitted in accordance with paragraph 3;       (d) these prohibitions or restrictions are laid down on the basis of Article 18.         2. They may not require any additional statement on the phytosanitary certificate.  3. With regard to fruit and vegetables and potatoes other than seed potatoes, Member States may not supplement the official check on identity and the requirements permitted under paragraph 1 by systematic official checks on compliance with the provisions adopted pursuant to Articles 3 and 5, except where:    (a) there is serious reason to believe that one of these provisions has not been complied with;       (b) the plants referred to above originate in a non-member country and the examination provided for in Article 12 (1) (a) has not already been carried out in another Member State.         In all other cases, only occasional official inspections of fruit and vegetables and potatoes other than seed potatoes shall be carried out, by sampling. They shall be deemed occasional if they are made on no more than one-third of the consignments introduced from a given Member State and are as evenly spread as possible over time and over all the products.  4. If it is ascertained at the time of introduction that part of a consignment of plants, plant products  or other objects is contaminated by harmful organisms listed in Annexes I and II, the introduction of the other part shall not be prohibited provided that it is not suspected of being contaminated and provided that there appears to be no possibility of harmful organisms having spread during the splitting up of the consignment.  5. Member States shall lay down that the phytosanitary certificates or re-forwarding phytosanitary certificates produced when the plants, plant products or other objects are introduced into their territory shall bear an entry stamp from the competent organization showing at least the name of the organization and the date of entry.   Article 12 1. Member States shall lay down, at least as regards the introduction into their territory of the plants, plant products and other objects listed in Annex V and coming from non-member countries:    (a) that these plants, plant products and, other objects and their packaging shall be meticulously inspected on an official basis, either in their entirety or by representative sample, and that, if necessary, the vehicles transporting them shall also be examined by these same officials in order to make sure:      - that they are not contaminated by the harmful organisms listed in Annex I, Part A,           - in the case of the plants and plant products listed in Annex II, Part A, that they are not contaminated by the relevant harmful organisms listed in that part of the Annex,           - in the case of the plants, plant products and other objects listed in Annex IV, Part A, that they comply with the relevant special requirements indicated in that part of the Annex;                  (b) that they must be accompanied by the certificates prescribed in Article 4, 5, 7, 8 or 9 and that a phytosanitary certificate may not be made out more than 14 days before the date on which the plants, plant products or other objects leave the consignor country.         2. Paragraph 1 shall apply to the cases referred to in Articles 6 (3) and 7 (3).  3. Paragraph 1 (a) shall not apply where plants, plant products or other objects are introduced into a Member State via another Member State which has already carried out the inspection provided for in paragraph 1 (a).  4. Member States may extend the application of the measures laid down in Article 8 to consignments coming from non-member countries.   Article 13 The Council acting on a proposal from the Commission, shall adopt any amendments to be made to the Annexes.   Article 14 1. Provided that there is no risk of harmful organisms spreading, the Member States may:  (a) provide for derogations generally or in individual cases:    (i) from Article 4 (1) with regard to a reduction in the period laid down in Annex III, Part A (8),       (ii) from Articles 4 (1), 10 and 12 in respect of transit through their territory and of direct traffic between two places in their territory via the territory of another country,       (iii) from Article 12, if the plants and plant products or other objects are directly dispatched from another Member State to their territory via the territory of a non-member country,       (iv) from Articles 5, 10 and 12 in the case of:    - articles involved in moving house,       - small quantities of plants or plant products, foodstuffs and animal feedingstuffs, where they are intended for use by the owner or recipient for non-industrial and non-commercial purposes or are intended for consumption during transport,       - plants from plots of land in the frontier zone of another country and worked from nearby dwellings or farms located in the frontier zone of their territory,       - plants intended for planting or for propagation in plots of land situated in their frontier zone and worked from nearby dwellings or farms situated in the frontier zone of another country;               (b) provide for derogations, in individual cases:    (i) from Articles 3 (1) and 12, during the period 1 May to 15 October, with regard to the harmful organisms referred to in Annex I, Part A (a) (1) and (4), in the case of slightly contaminated cut flowers,       (ii) from Articles 3 (1) and 12, during the period 1 November to 31 March, with regard to the harmful organisms referred to in Annex I, Part A (a) (2), in the case of slightly contaminated fruit,       (iii) from Articles 3 (1), (3) and 12, in cases of more than slight contamination of fruit by San José scale,       (iv) from Article 3 (3), second sentence, and Article 12,       (v) from Articles 3 (4) and 12, if the contamination of certain plants or plant products by certain harmful organisms is slight, in so far as these harmful organisms already exist within the Community;         (c) provide for derogations, in individual cases, and without prejudice to the procedure under paragraph 2:    (i) from Articles 3 and 4 (1) with regard to requirements referred to in Annex III, Part A (8), and from Articles 5 and 12 for trial or scientific purposes and for work on varietal selection,       (ii) from Article 5 (1) and the third indent of Article 12 (1) (a) with regard to the requirement referred to in Annex IV, Part A (1) and (5),       (iii) from Article 5 (1) and the third indent of Article 12 (1) (a), with regard to the requirement referred to in Annex IV, Part A (25), in respect of seed potatoes provided that an official statement is required that they originate in regions where no symptoms of contamination have been recorded with regard to the viruses listed in Annex I, Part A (e) (2), since the beginning of the last complete cycle of vegetation.               2. In the case of the derogations provided for in paragraph 1 (c), Member States shall inform the other Member States and the Commission immediately of any legislative, regulatory or administrative provisions adopted in this connection. In accordance with the procedure laid down in Article 16, and no later than six months after adoption of the said provisions, a decision may be taken on whether they should be rescinded or amended.  3. In accordance with the procedure laid down in Article 16, Member States may be authorized on request to provide for derogations from Article 4 (1) in so far as such derogations are not yet allowed under paragraph 1.  4. In the case of the derogations provided for in paragraphs 1 (b) (c) and 3, an official statement that the conditions for granting the derogation are fulfilled shall be required for each individual case.  5. Member States shall inform the Commission of the derogations which they have granted in accordance with paragraph 1 (c) or 3. The Commission shall notify the other Member States of this information each year.  In accordance with the procedure laid down in Article 16, Member States may be exempted from providing this information.  6. Member States may provide for derogations from Articles 5, 6, 7, 8 and 9 for the introduction of plants, plant products and other objects into another Member State where the latter exempts the consignor State from applying the abovementioned Articles.   Article 15 1. Where a Member State considers there is an imminent danger of the introduction or spread in its territory of harmful organisms, even those not listed in the Annexes, it may temporarily take any additional measures necessary to protect itself from that danger. It shall immediately inform the other Member States and the Commission of the measures taken and indicate the reasons for them.  2. Under the procedure laid down in Article 17, it shall be decided whether the measures taken by the Member State should be rescinded or amended. Until a decision has been taken either by the Council or by the Commission under the aforesaid procedure, the Member State may maintain the measures that it has employed.   Article 16 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee on Plant Health (hereinafter referred to as "the Committee"), by its chairman, either on his own initiative or at the request of a Member State.   2. Within the Committee, the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be taken. The Committee shall deliver its opinion on these measures within a time limit set by the chairman having regard to the urgency of the matters to be examined. Opinions shall be delivered by a majority of 41 votes.  4. Where the measures are in accordance with the opinion of the Committee, the Commission shall adopt them and shall implement them forthwith. Where the measures are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If, within three months following the date on which the matter was referred to it, the Council has not adopted measures, the Commission shall adopt the proposed measures and shall implement them immediately, except where the Council has rejected the said measures by a simple majority.   Article 17 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee on Plant Health (hereinafter referred to as "the Committee"), by its chairman, either on his own initiative or at the request of a Member State.  2. Within the Committee, the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be taken. The Committee shall deliver its opinion on these measures within two days. Opinions shall be delivered by a majority of 41 votes.  4. Where the measures are in accordance with the opinion of the Committee, the Commission shall adopt them and shall implement them forthwith. Where the measures are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall immediately submit to the Council a proposal on the measures to be taken. The Council shall adopt the measures by a qualified majority.  If, within 15 days following the date on which the matter was referred to it, the Council has not adopted measures, the Commission shall adopt the proposed measures and shall implement them immediately, except where the Council has rejected the said measures by a simple majority.   Article 18 1. This Directive in no way affects Community provisions on plant-health requirements for plants and plant products, except where it provides for or expressly permits stricter requirements in this respect.  2. Under the procedure laid down in Article 16, Member States may be authorized to adopt, when introducing into their territory plants or plant products, special plant-health provisions, in so far as such measures are also laid down for home-grown production.  3. For the introduction into their territory of any plants or plant products, in particular those listed in Annex VII and their packaging or the vehicles transporting them, Member States may take special plant-health measures against the harmful organisms which generally attack plants or plant products in storage.   Article 19 Council Directive 69/466/EEC of 8 December 1969 on control of San José scale (1) shall be amended as follows:    (a) In Article 7, the following paragraph 2 shall be added and the present text of that Article shall become paragraph 1:  "2. Paragraph 1 shall not apply to slightly contaminated consignments of fresh fruit."       (b) In Article 10 (1) (a), (b) and (c), references to Article 7 shall be amended to refer to "Article 7 (1)".          Article 20 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply:  (1)OJ No L 323, 24.12.1969, p. 5.     (a) with the restrictions laid down in Article 11 (3) within a period of four years from its notification;       (b) with the other provisions of this Directive within a period of two years from its notification.         2. The 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 21 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1976.  For the Council  The President  A.P.L.M.M. van der STEE     ANNEX I A. HARMFUL ORGANISMS WHOSE INTRODUCTION MUST BE PROHIBITED IN ALL MEMBER STATES      (a) Live organisms of the animal kingdom, at all stages of their development        1. Cacoecimorpha pronubana (Hb.),               2. Ceratitis capitata (Wied.),               3. Conotrachelus nenuphar (Herbst),               4. Epichoristodes acerbella (Walk.) Diak.,               5. Hylurgopinus rufipes Eichh.,               6. Hyphantria cunea (Drury),               7. Laspeyresia molesta (Busck),               8. Popillia japonica Newman,               9. Rhagoletis cingulata (Loew),               10. Rhagoletis fausta (Osten Sacken),               11. Rhagoletis pomonella (Walsh),               12. Scaphoideus luteolus Van Duz.,               13. Scolytus multistriatus (Marsh.),               14. Scolytus scolytus (F.),               15. Spodoptera littoralis (Boisd.),               16. Spodoptera litura (F.).                          (b) Organisms of the animal kingdom, at all stages of their development, unless it is proved that they are dead        1. Heterodera pallida Stone,               2. Heterodera rostochiensis Woll.,               3. Quadraspidiotus perniciosus (Comst.).                          (c) Bacteria        1. Aplanobacter populi Ridé,               2. Corynebacterium sepedonicum (Spieck. and Kotth.) Skapt. and Burkh.,               3. Erwinia amylovora (Burr.) Winsl. et al.                          (d) Cryptogamia        1. Angiosorus solani Thirum. and O'Brien [= Thecaphora solani (Barrus)],               2. Ceratocystis fagacearum (Bretz) Hunt,               3. Ceratocystis ulmi (Buism.) C. Moreau,               4. Chrysomyxa arctostaphyli Diet., 5. Cronartium comptoniae Arthur,               6. Cronartium fusiforme Hedgc. and Hunt ex Cumm.,               7. Cronartium quercuum (Berk.) Miyabe ex Shirai,               8. Endocronartium harknessii (J.P. Moore) Y. Hiratsuka [= Peridermium harknessii (J.P. Moore)],               9. Endothia parasitica (Murrill) P.J. and H.W. Anderson,               10. Guignardia laricina (Saw.) Yamamoto and Ito,               11. Hypoxylon pruinatum (Klotzsche) Cke.,               12. Melampsora farlowii (Arthur) Davis,                13. Melampsora medusae Thüm. [= M. albertensis Arthur],               14. Mycosphaerella populorum Thomp. (Septoria musiva Peck),               15. Ophiostoma (Ceratocystis) roboris C. Georgescu and I. Teodoru,               16. Poria weirii Murr.,               17. Synchytrium endobioticum (Schilb.) Perc.                          (e) Viruses and mycoplasmas        1. Harmful viruses and mycoplasmas of Cydonia Mill., Fragaria (Tourn.) L., Ligustrum L., Malus Mill., Populus L., Prunus L., Pyrus L., Ribes L., Rosa L., Rubus L., Syringa L.,               2. Potato viruses and mycoplasmas (Solanum tuberosum L.):          (a) potato spindle tuber virus,                   (b) potato yellow dwarf virus,                   (c) potato yellow vein virus,                   (d) other harmful viruses and mycoplasmas in so far as they do not exist in the Community,                                  3. Rose wilt,               4. Tomato bunchy top virus,               5. Tomato ring spot virus,               6. Harmful viruses and mycoplasmas of the vine (Vitis L. partim),               7. Elm phloem necrosis.                          (f) Phanerogams  - Arceuthobium spp. (non-European species).                              B. HARMFUL ORGANISMS WHOSE INTRODUCTION MAY BE PROHIBITED IN CERTAIN MEMBER STATES >PIC FILE= "T0010776">    >PIC FILE= "T0010777">     ANNEX II >PIC FILE= "T0010778""PIC FILE= "T0010779">    >PIC FILE= "T0010780">    >PIC FILE= "T0010781">     ANNEX III >PIC FILE= "T0010782""PIC FILE= "T0010783">     ANNEX IV >PIC FILE= "T0010784""PIC FILE= "T0010785">    >PIC FILE= "T0010786">    >PIC FILE= "T0010787">    >PIC FILE= "T0010788">    >PIC FILE= "T0010789">    >PIC FILE= "T0010790">    >PIC FILE= "T0010791">    >PIC FILE= "T0010792">    >PIC FILE= "T0010793">    >PIC FILE= "T0010794">    >PIC FILE= "T0010795">    >PIC FILE= "T0010796">     ANNEX V Plants, plant products and other objects which must be subjected to a plant health inspection in the country of origin or the consignor country, before being permitted to enter any of the Member States    1. Plants, planted or intended for planting, other than seeds and aquarium plants.       2. The parts of plants as shown below:      (a) the following cut flowers and parts of plants used for decoration:  Castanea,  Chrysanthemum,  Dianthus,  Gladiolus,  Prunus,  Quercus,  Rosa,  Silax,  Syringa,  Vitis;           (b) fresh fruits of:  Citrus, other than lemons (Citrus limon (L.) Burm. and Citrus medica L.),  Cydonia,  Malus,  Prunus,  Pyrus.                  3. Potato tubers (Solanum tuberosum L.).       4. The wood of:      - Castanea, Quercus and Ulmus,           - Conifers, originating in countries other than Europe,           - Populus, originating in countries of the American Continent.                  5. Soil:      - containing parts of plants or humus, peat not being regarded as part of a plant or humus,           - attached to plants or added to them.                     ANNEX VI Plants which must be disinfected Plants of the genera Acacia, Acer, Amelanchier, Chaenomeles, Cotoneaster, Crataegus, Cydonia, Euonymus, Fagus, Juglans, Ligustrum, Maclura, Malus, Populus, Prunus, Ptelea, Pyrus, Ribes, Rosa, Salix, Sorbus, Symphoricarpus, Syringa, Tilia, Ulmus and Vitis, other than fruits, seeds and parts of plants used for decoration.    ANNEX VII Plants and plant products to which special arrangements may be applied    1. Cereals and their derivatives.       2. Dried leguminous plants.       3. Manioc tubers and their derivatives.       4. Residues from the production of vegetable oils.           ANNEX VIII >PIC FILE= "T0010797""PIC FILE= "T0010798">


Avis juridique important

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31992L0003

Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community

Official Journal L 035 , 12/02/1992 P. 0024 - 0028 Finnish special edition: Chapter 15 Volume 11 P. 0010  Swedish special edition: Chapter 15 Volume 11 P. 0010

COUNCIL DIRECTIVE 92/3/EURATOM  of 3 February 1992  on the supervision and control of shipments of radioactive waste between Member States and into and out of the CommunityTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof,  Having regard to the proposal from the Commission (1), drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States,  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas on 2 February 1959 the Council adopted Directives laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (4), as amended by Directive 80/836/Euratom  (5) and Directive 84/467/Euratom (6);  Whereas, pursuant to Article 2 of Directive 80/836/Euratom, these basic safety standards apply inter alia to the transport of natural and artificial radioactive substances;  Whereas, pursuant to Article 3 of Directive 80/836/Euratom, each Member State must make compulsory the reporting of activities which involve a hazard arising from ionizing radiation; whereas, in the light of possible dangers and other relevant  considerations these activities are subject to prior authorization in cases decided upon by each Member State;  Whereas Member States have consequently set up systems within their territories in order to meet the requirements of Article 3 of Directive 80/836/Euratom laying down basic standards in accordance with Article 30 of the Euratom Treaty; whereas,  therefore, by means of the internal controls that Member States apply on the basis of national rules consistent with existing Community and any relevant international requirements, Member States continue to ensure a comparable level of protection within  their territories;  Whereas the protection of the health of workers and the general public requires that shipments of radioactive waste between Member States and into and out of the Community be subjet to a system of prior authorization; whereas this requirement is in line  with the Community's policy of subsidiarity;  Whereas the European Parliament resolution of 6 July 1988 on the findings of the Committee of Inquiry into the Handling and Transport of Nuclear Materials (7) calls inter alia, for comprehensive Community rules to make transfrontier movements of nuclear  waste subject to a system of strict controls and authorizations from their point of origin to their point of storage;  Whereas Council Directive 84/631/EEC of 6 December 1984 on the supervision and control within the European Community of the transfrontier shipment of hazardous waste (8) does not apply to radioactive waste;  Whereas by Decision No 90/170/EEC (9) the Council has decided that the Community should be Party to the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal of 22 March 1989; whereas that Convention does not  apply to radioactive waste;  Whereas all the Member States have subscribed to the International Atomic Energy Agency (IAEA) code of good practice on the international transboundary movement of radioactive waste;  Whereas the management of radioactive waste necessitates supervision and control including a compulsory and common notification procedure for shipments of such waste;  Whereas measures ensuring post-factum control of shipments are necessary;  Whereas the competent authorities of the Member States of destination of radioactive waste should be able to raise objections to shipments of radioactive waste;  Whereas it is also desirable for the competent authorities of the Member State of origin and of the Member State(s) of transit to be able, subject to certain criteria, to lay down conditions in respect of the shipment of radioactive waste on their  territory;  Whereas, to protect human health and the environment against dangers arising from such waste, account must be taken of risks occurring outside the Community; whereas, therefore, in the case of radioactive waste entering and/or leaving the Community, the  third country of destination or origin and any third country or countries of transit must be consulted and informed and must have given their consent;  Whereas the Fourth ACP-EEC Convention signed at Lomé on 15 December 1989 contains specific provisions governing the export of radioactive waste from the Community to non-member States party to that Convention;  Whereas radioactive waste may contain nuclear materials as defined by Commission Regulation (Euratom) No 3227/76 of 19 October 1976 concerning the application of the provisions on Euratom safeguards (10) and the transport of such substances must be  subjected to the International Convention on the physical protection of nuclear materials (IAEA, 1980),  HAS ADOPTED THIS DIRECTIVE:  TITLE I  Scope   Article 1  1. This Directive shall apply to shipments of radioactive waste between Member States and into and out of the Community whenever the quantities and concentration exceed the levels laid down in Articles 4 (a) and (b) of Directive  80/836/Euratom.  2. Specific provisions concerning reshipment of such waste are set out in Title IV.  Article 2  For the purpose of this Directive:  - 'radioactive waste' means any any material which contains or is contaminated by radio-nuclides and for which no use is foreseen,  - 'shipment' means transport operations from the place of origin to the place of destination, including loading and unloading, of radioactive waste,  - the 'holder' of radioactive waste means any natural or legal person who, before carrying out a shipment, has the legal responsibility for such materials and intends to carry out shipment to a consignee,  - the 'consignee' of radioactive waste means any natural or legal person to whom such material is shipped,  - 'place of origin' and 'place of destination' mean places situated in two different countries, either Member States of the Community or third countries, accordingly called 'country of origin' and 'country of destination',  - 'competent authorities' means any authority which, under the law or regulations of the countries of origin, transit or destination, are empowered to implement the system of supervision and control defined in Titles I to IV inclusive; these competent  authorities shall be designated in accordance with Article 17,  - 'sealed source' has the the meaning given to it in Directive 80/836/Euratom.  Article 3  The transport operations necessary for shipment shall comply with Community and national provisions and with international agreements on the transport of radioactive material.  TITLE II  Shipments between Member States   Article 4  A holder of radioactive waste who intends to carry out a shipment of such waste or to arrange for such a shipment to be carried out shall submit an application for authorization to the competent authorities of the country of origin. These  competent authorities shall send such applications for approval to the competent authorities of the country of destination and of the country or countries of transit, if any.  For this purpose they shall use the standard document referred to in Article 20.  The sending of that document shall in no way affect the subsequent decision referred to in Article 7.  Article 5  1. Any application may be sent in respect of more than one shipment, provided that:  - the radioactive waste to which it relates essentially has the same physical, chemical and radioactive characteristics, and  - the shipments are to be made from the same holder to the same consignee and involve the same competent authorities, and  - where shipments involve third countries, such transit is via the same frontier post of entry to and/or exit from the Community and via the same frontier post of the third country or countries concerned, unless otherwise agreed between the competent  authorities concerned.  2. The authorization shall be valid for a period of not more than three years.  Article 6  1. Not later than two months after receipt of the duly completed application, the competent authorities of the country of destination and of any country of transit shall notify the competent authorities of the country of origin of their  acceptance or of the conditions which they consider necessary or of their refusal to grant approval.  For this purpose they shall use the standard document referred to in Article 20.  2. Any conditions required by the competent authorities of the Member States, whether they are the country of transit or of destination, may not be more stringent than those laid down for similar shipments within those States and must comply with  existing international agreements.  Reasons shall be given for any refusal to grant approval, or the attaching of conditions to approval, in accordance with Article 3.  3. However, the competent authorities of the country of destination or of any country of transit may request a further period of not more than one month in addition to the period referred to in paragraph 1 to make their position known.  4. If upon expiry of the periods referred to in paragraph 1 and, if appropriate, paragraph 3, no reply has been received from the competent authorities of the country of destination and/or the intended countries of transit, those countries shall be  deemed to have given their approval for the shipment requested, unless they have informed the Commission, in accordance with Article 17, that they do not accept this automatic approval procedure in general.  Article 7  If all the approvals necessary for shipment have been granted, the competent authorities of the Member State of origin shall be entitled to authorize the holder of the radioactive waste to ship it and inform the competent authorities of the  country of destination and of the country or countries of transit, if any.  For that purpose, they shall use the standard document referred to in Article 20. Any additional requirements for such shipments shall be attached to this document.  This authorization shall not in any way affect the responsibility of the holder, the transporter, the owner, the consignee or any other natural or legal person involved in the shipment.  Article 8  Without prejudice to any other accompanying documents required under other relevant legal provisions, the documents referred to in Articles 4 and 6 shall accompany each shipment falling under the scope of this Directive, including the cases  of approval of more than one transfer referred to in Article 5.  Where shipments are made by rail, these documents shall be available to the competent authorities of all the countries concerned.  Article 9  1. Within 15 days of receipt, the consignee of the radioactive waste shall send the competent authorities of its Member State an acknowledgement of receipt, using the standard document referred to in Article 20.  2. The competent authorities of the country of destination shall send copies of the acknowledgment to the other countries involved in the operation. The competent authorities of the country of origin shall send a copy of the acknowledgement to the  original holder.  TITLE III  Imports into and exports out of the Community   Article 10  1. Where waste falling within the scope of this Directive is to enter the Community from a third country and the country of destination is a Member State, the consignee shall submit an application for authorization to the competent  authorities of that Member State using the standard document referred to in Article 20. The consignee shall act as the holder and the competent authorities of the country of destination shall act as if they were the competent authorities of the country  of origin referred to in Title II in respect of the country or countries of transit.  2. Where waste falling within the scope of this Directive is to enter the Community from a third country and the country of destination is not a Member State, then the Member State in whose territory the waste is first to enter the Community shall be  deemed to be the country of origin for the purposes of that shipment.  3. With regard to shipments falling within paragraph 1, the intended consignee of the shipment within the Community, and with regard to shipments falling within paragraph 2, the person within the Member State in whose territory the waste is first to  enter the Community who has responsibility for managing the shipment within that Member State shall inform his competent authorities in order to initiate the appropriate procedures.  Article 11  The competent authorities of Member States shall not authorize shipments:  1. either to:  (a) a destination south of latitude 60° south;  (b) a State party to the Fourth ACP-EEC Convention which is not a member of the Community, taking account, however, of Article 14;  2. or to a third country which, in the opinion of the competent authorities of the country of origin, in accordance with the criteria referred to in Article 20, does not have the technical, legal or administrative resources to manage the radioactive  waste safely.  Article 12  1. Where radioactive waste is to be exported from the Community to a third country, the competent authorities of the Member State of origin shall contact the authorities of the country of destination regarding such a shipment.  2. If all the conditions for shipment are fulfilled, the competent authorities of the Member State of origin shall authorize the holder of radioactive waste to ship it and shall inform the authorities of the country of destination about this shipment.  3. This authorization shall not in any way affect the responsibility of the holder, the transporter, the owner, the consignee or any other natural or legal person involved in the shipment.  4. For the purpose of the shipment, the standard documents referred to in Article 20 shall be used.  5. The holder of the radioactive waste shall notify the competent authorities of the country of origin that the waste has reached its destination in the third country within two weeks of the date of arrival and shall indicate the last customs post in  the Community through which the shipment passed.  6. This notification shall be substantiated by a declaration or certification of the consignee of the radioactive waste stating that the waste has reached its proper destination and indicating the customs post of entry in the third country.  TITLE IV  Reshipment operations   Article 13  Where a sealed source is returned by its user to the supplier of the source in another country, its shipment shall not fall within the scope of this Directive.  However, this exemption shall not apply to sealed sources containing fissile material.  Article 14  This Directive shall not affect the right of a Member State or an undertaking in the Member State to which waste is to be exported for processing to return the waste after treatment to its country of origin. Nor shall it affect the right of  a Member State or an undertaking in that Member State to which irradiated nuclear fuel is to be exported for reprocessing to return to its country of origin waste and/or other products of the reprocessing operation.  Article 15  1. Where a shipment of radioactive waste cannot be completed or if the conditions for shipment are not complied with in accordance with the provisions under Title II, the competent authorities of the Member State of dispatch shall ensure  that the radioactive waste in question is taken back by the holder of that waste.  2. In case of shipments of radioactive waste from a third country to a destination within the Community, the competent authorities of the Member State of destination shall ensure that the consignee of that waste negotiates a clause with the holder of  the waste established in the third country obliging that holder to take back the waste where a shipment cannot be completed.  Article 16  The Member State or States which approved transit for the initial shipment may not refuse to approve reshipment in the cases referred to:  - in Article 14, if the reshipment concerns the same material after treatment or reprocessing and if all relevant legislation is respected,  - in Article 15, if the reshipment is undertaken on the same conditions and with the same specifications.  TITLE V  Procedural provisions   Article 17  Member States shall forward to the Commission not later than 1 January 1994 the name(s) and the address(es) of the competent authorities and all necessary information for rapidly communicating with such authorities, as well as their possible  non-acceptance of the automatic approval procedure referred to in Article 6 (4).  Member States shall regularly forward to the Commission any changes to such data.  The Commission shall communicate this information, and any changes thereto, to all the competent authorities in the Community.  Article 18  Every two years, and for the first time on 31 January 1994, Member States shall forward to the Commission reports on the implementation of this Directive.  They shall supplement these reports by information on the situation with regard to shipments within their respective territories.  On the basis of these reports, the Commission shall prepare a summary report for the European Parliament, the Council and the Economic and Social Committee.  Article 19  The Commission shall be assisted in performing the tasks laid down in Articles 18 and 20 by a Committee of an advisory nature composed of representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if  necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.  Article 20  The procedure laid down in Article 19 shall in particular apply to:  - the preparation and possible updating of the standard document for applications for authorization referred to in Article 4,  - the preparation and possible updating of the standard document for granting approval referred to in Article 6 (1),  - the preparation and possible updating of the standard document for acknowledgment of receipt referred to in Article 9 (1),  - the establishment of criteria enabling Member States, to evaluate whether requirements for exports of radioactive waste are met, as provided for in Article 11 (2),  - the preparation of the summary report referred to in Article 18.  TITLE VI  Final provisions   Article 21  1. Member States shall bring into force not later than 1 January 1994 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  2. When Member States adopt the measures referred to in paragraph 1, 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 reference shall be  laid down by the Member States.  3. Member States shall communicate to the Commission the main provisions of domestic law which they adopt in the field governed by this Directive.  Article 22  This Directive is addressed to the Member States. Done at Brussels, 3 February 1992. For the Council  The President  Joao PINHEIRO   (1) OJ No C 210, 23. 8. 1990, p. 7. (2) OJ No C 267, 14. 10. 1991, p. 210. (3) OJ No C 168, 10. 7. 1990, p. 18. (4) OJ No 11, 20. 2. 1959, p. 221/59. (5) OJ No L 246, 17. 9. 1980, p. 1. (6) OJ No L 265, 5. 10. 1984, p. 4. (7) OJ No C 235, 12.  9. 1988, p. 70. (8) OJ No L 326, 13. 12. 1984, p. 31. Directive as last amended by Directive 86/279/EEC (OJ No L 181, 4. 7. 1986, p. 13). (9) OJ No L 92, 7. 4. 1990, p. 52. (10) OJ No L 363, 31. 12. 1976, p. 1. Regulation as amended by Regulation  (Euratom) No 220/90 (OJ No L 22, 27. 1. 1990, p. 56).