Directive 1977/93 - Protective measures against the introduction into the Member States of harmful organisms of plants or plant products - Main contents

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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....

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