Explanatory Memorandum to COM(1995)239 - Amendment of Council Directive 77/93/EEC on protective measures against the introduction into the EC of organisms harmful to plants or plant products and against their spread within the EC

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dossier COM(1995)239 - Amendment of Council Directive 77/93/EEC on protective measures against the introduction into the EC of organisms harmful to ...
source COM(1995)239 EN
date 07-06-1995
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51995PC0239

Proposal for a COUNCIL DIRECTIVE amending Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community /* COM/95/239 FINAL - CNS 95/0134 */

Official Journal C 192 , 26/07/1995 P. 0009


Proposal for a Council Directive amending Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

(95/C 192/06)

(Text with EEA relevance)

COM(95) 239 final - 95/0134(CNS)

(Submitted by the Commission on 9 June 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Article G of the Treaty on European Union replaced the term 'European Economic Community` by the term 'European Community`; whereas the abbreviation 'EEC` should therefore be replaced by the abbreviation 'EC`;

Whereas the abbreviation 'EEC` appears in certain provisions of Council Directive 77/93/EEC 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);

Whereas as a consequence of the internal market the model certificates included in Annex VIII of the said Directive are no longer used in intracommunity trade but may be used as the model certificates for export of plants or plant products to third countries pursuant to the provisions approved under the International Plant Protection Convention of 6 December 1951, as amended on 21 December 1979; whereas it is therefore appropriate to replace the abbreviation 'EEC` in the said model certificates by the abbreviation 'EC`;

Whereas, however, producers usually stock up certificates in large quantities and such a change of abbreviation could result in increased costs for these operators if it were to be brought in immediately; whereas, consequently, it is proper to fix a period during which certificates bearing the note 'EC/No. . . .` may still be used,

HAS ADOPTED THIS DIRECTIVE:


Article 1

Annex VIII of Directive 77/93/EEC is hereby amended as follows:

1. In Part A, the abbreviation 'EEC` on the model phytosanitary certificate is replaced by the abbreviation 'EC`.

2. In Part B, the abbreviation 'EEC` on the model reforwarding phytosanitary certificate is replaced by the abbreviation 'EC`.

3. In Part C, paragraph 1, first indent, the abbreviation 'EEC` is replaced by the abbreviation 'EC`.


Article 2

Remaining stocks of the model phytosanitary certificate and the model reforwarding phytosanitary certificate referred to in Annex VIII of Directive 77/93/EEC may continue to be used with the note 'EEC/. . ./. . .` until 1 July 1996.


Article 3

1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 January 1996. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, 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 a reference shall be laid down by the Member States.

2. Member States shall immediately communicate to the Commission all provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.


Article 4

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.


Article 5

This Directive is addressed to the Member States.


OJ No L 26, 31. 1. 1977, p. 20. Directive as last amended by Commission Directive 95/4/EC (OJ No L 44, 28. 2. 1995, p. 56).