Directive 2004/103 - Identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the EC or at a place close by and specifying the conditions related to these checks - Main contents
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Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2004/103 |
| CELEX number i | 32004L0103 |
| Document | 07-10-2004 |
|---|---|
| Publication in Official Journal | 05-07-2006; Special edition in Croatian: Chapter 03 Volume 054,OJ L 313, 12.10.2004,Special edition in Romanian: Chapter 03 Volume 060,Special edition in Bulgarian: Chapter 03 Volume 060,OJ L 183M , 5.7.2006 |
| Effect | 01-11-2004; Entry into force Date pub. + 20 See Art 9 |
| End of validity | 13-12-2020; Repealed by 32019R2123 |
| Transposition | 31-12-2004; At the latest See Art 8 |
12.10.2004 |
EN |
Official Journal of the European Union |
L 313/16 |
COMMISSION DIRECTIVE 2004/103/EC
of 7 October 2004
on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Articles 13c(2)(d) and 13c(2)(e) and the fourth and fifth subparagraphs of Article 13c(4) thereof,
Whereas:
(1) |
Pursuant to Directive 2000/29/EC, plants, plant products or other objects listed in Part B of Annex V, thereto, coming from third countries, should in principle be subjected to identity and plant health checks at the point of entry into the Community, or at a place close by. |
(2) |
In case of transit of non-Community goods these identity and plant health checks may also be carried out on the premises of the official body of destination or at any other place close by; in certain other cases, these checks may be carried out at the place of destination, such as a place of production, as long as specific guarantees and documents as regards the transport of plants, plant products or other objects are provided. |
(3) |
It is necessary to specify the cases in which identity and plant health checks may be carried out at the place of destination. |
(4) |
To ensure that there is no risk of harmful organisms spreading during transport, provisions or specific guarantees and documents, as regards the transport, should be laid down. |
(5) |
Minimum conditions for the carrying out of the identity and plant health checks should be laid down as regards technical requirements applicable to the responsible official bodies in charge of the inspection at places of destination as well as regards facilities, tools and equipment enabling the said responsible official bodies to carry out identity and plant health checks. |
(6) |
It is necessary to lay down detailed rules concerning the cooperation between official responsible bodies and customs offices, including the model forms of documents to be used in that cooperation, the means of transmission of these documents and the procedures for exchange of information. |
(7) |
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, |
HAS ADOPTED THIS DIRECTIVE:
Article 1
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1.This Directive shall apply to plants, plant products or other objects coming from third countries, listed in Part B of Annex V to Directive 2000/29/EC (hereinafter referred to as ‘products concerned’). In the cases and circumstances defined by this Directive, Member States may lay down that those inspections referred to in Article 13a(1)(b)(ii) and (iii) of Directive 2000/29/EC on the products concerned may be carried out at another place. In the case of transit of non-Community goods referred to in Article 13c(2)(c) of Directive 2000/29/EC, the inspection may take place at the premises of the official body of destination, or at any place close by, when the conditions referred to in paragraph 2 are met. In cases referred to in Article 13c(2)(d) of Directive 2000/29/EC, the inspection may take place at the place of destination such as a place of production, when the conditions referred to in paragraph 2 are met.
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2.The conditions referred to in paragraph 1 shall...
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