Directive 2000/29 - Protective measures against the introduction into the EC of organisms harmful to plants or plant products and against their spread within the EC - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 2000/29
Original proposal	COM(1997)651
CELEX number i	32000L0029

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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

Official Journal L 169 , 10/07/2000 P. 0001 - 0112

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 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:

• (1) 

  Council Directive 77/93/EEC of 21 December 1976, on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(3). For the sake of clarity and rationality, it has been amended on a number of occasions, often substantively(4). It should therefore be consolidated.

• (2) 

  Plant production is very important to the Community.

• (3) 

  Plant production yields are consistently reduced through the effects of harmful organisms.

• (4) 

  The protection of plants against such organisms is absolutely necessary not only to avoid reduced yields but also to increase agricultural productivity.

• (5) 

  Action aimed at the systematic eradication of harmful organisms within the Community, established by the plant health regime applicable in the Community as an area without internal frontiers, would have only limited effect if protective measures against their introduction into the Community were not applied at the same time.

• (6) 

  The need for such measures has long been recognised and they have formed the subject of many national regulations and international conventions, including the International Plant Protection Convention (IPPC) of 6 December 1951 concluded at the United Nations Food and Agricultural Organisation (FAO), which is of worldwide interest.

• (7) 

  One of the most important measures consists in listing the particularly dangerous harmful organisms whose introduction into the Community must be prohibited and also the harmful organisms whose introduction into the Member States when carried by certain plants or plant products must also be prohibited.

• (8) 

  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. 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.

• (9) 

  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.

• (10) 

  It is necessary to make provision under certain conditions permitting derogations from a certain number of provisions. Experience has shown that the same degree of urgency may be attached to a certain number of derogations as is attached to the safeguard provisions. Therefore the urgency procedure specified in this Directive should also be made applicable to these derogations.

• (11) 

  Temporary safeguard measures not laid down in this Directive should normally be adopted by the Member State where the problem originates in the case of imminent danger of the introduction or spread of harmful organisms. The Commission should be informed of all events which require the adoption of safeguard measures.

• (12) 

  Given the...

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