· Scope This Directive arises as a result of the importance of plant production in the Community and of the potential detrimental way that harmful organisms effect crop production. One of the most important aspects is the listing of all harmful organisms, whose introduction into Member States is prohibited. Also, provisions for restrictions on the introduction of certain plants and plant products into the EU and to provide special inspections are laid down. Costs are laid down for specific actions. · General statements This Directive concerns protective measures against the introduction of organisms harmful to plants or plant products into a Member State, from either other Member States or from third countries. Attention is paid to all movements within a Member State and to movements related to French overseas departments and the Canary Islands, but shall not apply to Ceuta or Melilla. One single and central authority should be designated in each Member State to coordinate contacts in matters related to plant health.
· Definitions The following definitions are included in this Directive and can be consulted if required: Plants, plant products, plants intended for planting, harmful organisms, plant passport, responsible official bodies in a member state, protected zone and a statement or measure. · Lists of organisms, plants and plant products, and special requirements All banned organisms in isolation or on certain plants or plant products listed in the following Annexes are prohibited from Community territory. All organisms are detailed in Annexes as follows: All banned organisms in isolation or on certain plants or plant products listed in the following Annexes are prohibited from Community territory. All organisms are detailed in Annexes as follows: 1) Banned harmful organisms in Member States or specific protected zones (Annex I) and specific combination of organisms on certain products (Annex II) 1 Having importance to the entire community, Member States shall ban the introduction into, and movement within the territory of: · any harmful organisms listed in Annex I, Part A; and · any / plant or plant products contaminated with the harmful organisms also listed in Annex II, Part A. Any contaminated plants not for planting will be admitted if previously accepted by the authorities. 2. With specific reference to protected zones, Member States shall ban the introduction of: · any harmful organisms listed in Annex I, Part B; and · any plant and plant products listed in Annex II, Part B. Some modifications to the elements on the lists in Annexes I and II can be made under the special procedures detailed in the Directive. Some considerations should be made in reference to GMOs. Special measures are applied to plant or plant products for trial or scientific purposes. 2) Plants or plant products coming from defined countries The Member States shall ban the introduction into their territories, of plants or plants products listed in Annex III, Part A. The Member States shall ban the introduction into relevant protected zones of plants or plants products listed in Annex III, Part B. This prohibition of infected plants on a community level does not apply to goods originating within the Community. However, special measures are applied to plant or plant products for trial or scientific purposes and to products grown, produced or used in frontiers zones with a 3rd country, if there is no risk. 3) Special requirements Member States shall ban, unless the detailed special requirements are met, the introduction of harmful organisms listed in the following Annexes: 3.1. Annex IV Part A (important in all the territory); and 3.2. Annex IV Part B (in specific protected zones). The prohibition shall also apply to movements within any Member State. It shall not apply if the owner intends to use small quantities of plants or plant products for non-industrial and non-commercial purposes and there is no risk of harmful organisms spreading. Special measures are applied to plant or plant products for trial or scientific purposes and to products grown, produced or used in frontiers zones with a 3rd country, if there is no risk. 4) Plants, plant products and other objects to be inspected Member states shall lay down that plants, plant products and citrus fruits with leaves and peduncles and fruits of Vitis, should be examined on an official basis (the product, the packages and the vehicles) to ensure that: 4.1. they are free of any harmful organisms listed in Annex I, part A; 4.2. the plants and plant products listed in Annex II, part A are not contaminated by the detailed harmful organisms; and 4.3. the plants and plant products listed in Annex IV part A, comply the special requirements indicated. This requirement applies to the introduction into another member state, or to the movement within the territory of a member state. · Official examinations The procedure to perform the official examinations is also described. Produce checks are made at the point of destination, as are document inspections, or at the site of production and at least once a year. · Phytosanitary certificates A phytosanitary certificate, as shown in the model in Annex VII, part A, may be issued if the following conditions are satisfied: · that plants are free of any harmful organisms listed in Annex I, part A; · that the plants and plant products listed in Annex II, part A are not contaminated by the detailed harmful organisms; and · that the plants and plant products listed in Annex IV part A, comply the special requirements indicated. Some specific information should be considered (language, stamp, signature, botanical names, date of elaboration in relation to date of product delivery, etc). If special requirements as detailed in Annex IV, part A apply, the phytosanitary certificate shall have been issued in the country of origin, except in the case of wood and other exceptions. The certificate shall be issued no earlier than 14 days after the covered plants left the third country. Citrus fruit originating from Argentina and Brazil shall be accompanied by a certificate to ensure that it complies with specific provisions to ensure it is free from citrus canker and citrus black spot. The specific requirements are laid down in the legislation. This will be reviewed following the import season and a report will be issued by importing Member States no later than 31 December 2004. · Plant passports A plant passport shall be issued rather than a phytosanitary certificate if the following conditions are satisfied: · that plants are free of any harmful organisms listed in Annex I, part A; · that the plants and plant products listed in Annex II, part A are not contaminated by the detailed harmful organisms; · that the plants and plant products listed in Annex IV part A, comply the special requirements indicated; and · that the seeds listed in Annex IV, Part A, comply the special requirements indicated. The plant passport, must accompany any plant, plant product, or citrus fruits with leaves and peduncles and fruits of Vitis. The conditions of replacement of the phytosanitary passport are detailed, as are the measures to apply where unconformity is detected. · Phytosanitary import controls Plants and plant products listed in Annex V, Part B (citrus fruit (incl kumquat), balsampear and eggplant, and cherimoya, quince, persimmon, apple, mango, passionfruit, plum, guava, pear, currant, syzygium, blueberry originating in non-European countries) which come from a third country and are brought into the customs territory of the EU may only be customs cleared if inspections have determined that : § the consignment is accompanied by the required ‘phytosanitary certificate’ or ‘phytosanitary certificate for re-export’ (= DOCUMENTARY checks) § the consignment consists of the products declared on the required documents (IDENTITY checks) § the consignment : § is free of any harmful organisms listed in Annex I, part A ; § is not contaminated by the detailed harmful organisms (for the plants and plant products listed in Annex II, part A) ; and § complies with the special requirements indicated (for plants and plant products listed in Annex IV part A). (= PLANT HEALTH checks) · Reduced frequency import controls In principle, as of 1 January 2005, each consignment, or each lot in a multi-lot consignment must be subjected to documentary, identity and phytosanitary controls. However, plant health checks may also be carried out at reduced frequency if there is evidence that the products comply with the plant health requirements of Directive 2000/29/EC, assuming implementing rules are met. For consignments to be subjected to reduced frequency checks, the following must be true: § the number of consignments of the product introduced into the EU over three years is greater than 200 per year; § no more than 1 % of total number of consignments inspected breached phytosanitary rules. EU Member States must apply for reduced frequency controls on a product. The level of the reduced frequency shall be based on: § the number of consignments which were found infected by harmful organisms; § the mobility of the harmful organisms; and § the number of consignments subjected to physical plant health inspections. The reduced frequency is expressed as the minimum percentage of plant health checks that may be carried out by the Member States on the product concerned. The minimum percentage applies to all consignments imported into all Member States. The Commission shall publish the list of products which may be subjected to plant health checks at reduced frequency, as well as the level of reduced frequency laid down for each product. · Inspections at a point other than the point of entry into the EU In principle, all controls (documentary, identity and plant health) must be carried out at the point of entry of the products into the EU. For non-EU goods in transit, the identity and plant health checks may be made, as of 1 January 2005, by the official body of destination if certain rules are met: · the importer or the ‘applicant’ (= person responsible for the premises where the checks are to be carried out) must obtain the approval of the official inspection body for checks to be carried out at an ‘approved place of inspection’; · the ‘approved place of inspection’ is : · the packaging of the consignment and the means of transportation used, shall be closed or sealed so that the concerned products can not infest or infect during transport to the place of inspection; · the consignment shall be accompanied by a ‘Plant Health Movement Document’; · goods other than non-EU goods in transit shall be stored at the place of inspection, separated from EU goods and from infested consignments. · importers must notify the introduction of products that may be inspected at an approved place of inspection, sufficiently in advance to the relevant official body of destination; · if the point of entry and the approved place of inspection are situated in different Member States, the consignment may be sent to, and inspected at, an approved place of inspection on the basis of an agreement between the responsible official bodies of the Member States concerned; and · if the products pass the controls at the approved place of inspection, the duly stamped Plant Health Movement Document shall be presented to the customs authorities, enabling the goods to be placed under the relevant customs procedure. If the products are refused, they shall remain under Customs supervision until the re-export of the products. ANNEXES ANNEX I. LIST OF HARMFUL ORGANISMS. PART A. HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, ALL THE MEMBER STATES SHALL BE BANNED Section I. HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN ANY PART OF THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY a) Insects, mites and nematodes; b) Bacteria; c) Fungi; d) Viruses and virus-like organisms; and e) Parasitic plants. Section II. HARMFUL ORGANISMS KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY a) Insects, mites and nematodes; b) Bacteria; c) Fungi; d) Viruses and virus-like organisms; and e) Parasitic plants. PART B. HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, CERTAIN PROTECTED ZONES SHALL BE BANNED a) Insects, mites and nematodes; b) Viruses and virus-like organisms. ANNEX II. LISTS OF ORGANISMS HARMFUL IF THEY ARE PRESENT ON CERTAIN PRODUCTS, PRESENTED AS SPECIES AND SUBJECT OF CONTAMINATION. PART A. HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, ALL THE MEMBER STATES SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT PRODUCTS Section I. HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN ANY PART OF THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY a) Insects, mites and nematodes; b) Bacteria; c) Fungi; d) Viruses and virus-like organisms. Section II. HARMFUL ORGANISMS KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY a) Insects, mites and nematodes; b) Bacteria; c) Fungi; d) Viruses and virus-like organisms; e) Parasitic plants PART B. HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, CERTAIN PROTECTED ZONES SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT PRODUCTS: a) Insects, mites and nematodes; b) Bacteria; c) Fungi; d) Viruses and virus-like organisms; and e) Parasitic plants. PART A. PLANTS, PLANT PRODUCTS AND OTHER OBJECTS, THE INTRODUCTION OF WHICH SHALL BE PROHIBITED IN ALL MEMBER STATES Description of the product / Country of origin.
PART B. PLANTS, PLANT PRODUCTS AND OTHER OBJECTS THE INTRODUCTION OF WICH SHALL BE PROHIBITED IN CERTAIN PROTECTED ZONES Description / protected zones PART A. SPECIAL REQUIREMENTS WHICH MUST BE LAID DOWN BY ALL MEMBER STATES FOR THE INTRODUCTION AND MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND WITHIN ALL MEMBER STATES
Section I. PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING OUTSIDE THE COMMUNITY. Plants, plant products and other objects / Special requirements
Section II. PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THE COMMUNITY. Plants, plant products and other objects / Special requirements
PART B. SPECIAL REQUIREMENTS WHICH MUST BE LAID DOWN BY ALL MEMBER STATES FOR THE INTRODUCTION AND MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND WITHIN CERTAIN PROTECTED ZONES Plants, plant products and other objects / Special requirements/ Protected zones ANNEX V. PLANTS, PLANT PRODUCTS AND OTHER OBJECTS WHICH MUST BE SUBJECT TO A PLANT HEALTH INSPECTION (AT THE PLACE OF PRODUCTION IF ORIGINATING IN THE COMMUNITY, BEFORE BEING MOVED WITHIN THE COMMUNITY – IN THE COUNTRY OF ORIGIN OR THE CONSIGNOR COUNTRY, IF ORIGINATING OUTSIDE THE COMMUNITY) BEFORE BEING PERMITTED TO ENTER THE COMMUNITY PART A. PLANTS, PLANT PRODUCTS AND OTHER OBJECTSORIGINATING IN THE COMMUNITY I. Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for the entire Community and which must be accompanied by a plant passport II. Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for the entire Community and which must be accompanied by a plant passport, for the appropriate zone when introduced into or moved within that zone. PART B. PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN OTHER TERRITORIES, OTHER THAN THOSE TERRITORIES REFERRED TO IN PART A.
I. Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for the entire Community
II. Plants, plant products and other objects which are potential carriers of harmful organisms of relevance for certain protected zones. ANNEX VI. PLANT 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 VII. MODEL CERTIFICATES The following model certificates are determined with regard to: - the text; - the format; - the layout and the dimensions of the boxes; and - the colour of the paper and the colour of the printing. ANNEX VIII. AMMENDED DIRECTIVES ANNEX VIIIa STANDARD FEES Phytosanitary fees are payable to cover costs associated with documentary checks, identity checks and plant health checks. Member States can either set costs based on specific Member State body’s costs or according to the following detailed cost calculation as laid out below:
ANNEX III.
ANNEX IV. SPECIAL REQUIREMENTS