Once the amendments and adaptations to the new situation of a Community area without frontiers, which began in 1993, of Council Directive 77 /93/EEC of 21 December 1976 on measures to be taken, have been made. protection against the introduction into the European Communities of organisms harmful to plants or plant products and against its spread within the European Communities, a new formulation and adaptation to this the situation of national legislation, by means of the transposition of the last amendment of the Directive, carried out by Council Directive 91 /683/EEC of 19 December. The amendments introduced by Directive 77 /93/EEC as regards the adaptation of its Annexes: Commission Directive 92/76/EEC of 6 October 1998 recognizing protected areas of the European Community and the European Community in the field of the protection of the environment are also incorporated into this provision. the European Communities exposed to specific plant health risks; Commission Directive 92/103/EEC of 1 December amending Annexes I, II, III and IV and Directive 92/98/EEC of the Council of 16 November 2001 amending Annexes I, II, III and IV to Directive 92/103/EEC amend Annex V.

However, the Directives 92 /76/EEC, 92 /103/EEC and 92 /98/EEC have already been incorporated into the Spanish legal order by the Ministerial Order of 27 May 1993, amending that of 12 March 1987, by the laying down the plant health rules for the import, export and transit of plants and plant products pursuant to Directive 77 /93/EEC, which are therefore repealed after the entry into force of this Directive provision.

In this context, plant health checks on certain plants, plant products and other objects, which were to be carried out at the entry and exit of the Spanish territory, must be carried out at origin, transit or destination.

In addition, the abolition of plant health checks at intra-Community borders will affect certain plants, plant products and other objects from third countries to be introduced into the territory of the Community. This is the case for the Community through any of the Member States, which makes Spain the external frontier of the European Communities.

role of the State as a single interlocutor vis-à-vis the European Communities and the other Member States is of particular relevance, taking into account the multiple communications and formalities to be carried out before the European Communities. relationship with plant health incidents occurring in the placing on the market of products in the European single market.

addition, the completion of the internal market provided for in Article 8a of the EEC Treaty implies the removal of all obstacles in intra-Community trade with a view to the merger of the national markets in a single market. In view of the fact that this leads to the abolition of border controls for intra-Community trade and the strengthening of guarantees at source, no differences can be made between products destined for the domestic market and those intended for the market of another Member State, and therefore the Community rules mentioned above have been enacted.

In short, the framework set out leads to the need to intensify the collaboration between the State and the Autonomous Communities in order to achieve the objectives proposed, without undermining the competences of one and the other and without (i) the need to reduce the number of

For all this, it is necessary to transpose the Spanish legislation to the aforementioned Community legislation, by means of this Royal Decree, which is issued under the protection of Article 149.1.10. and 13. of the Constitution.

In its virtue, on the proposal of the Ministers of Agriculture, Fisheries and Food and of Trade and Tourism, consulted the sectors concerned, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day of 26 November 1993,

D I S P O N G O:

Article 1. Object and scope of application.

1. The purpose of this Royal Decree is to provide for protective measures against the introduction of organisms harmful to plants and plant products in the national territory and, as a result, in the case of the European Communities from third countries.

2. It also includes measures to protect against the spread within the European Communities of harmful organisms by means of the movement of plants or plant products and other related objects within the national territory.

3. It also applies to plant health checks to be carried out on the export and transit of plants and plant products and other objects to third countries.

4. This Royal Decree does not apply to the Canary Islands, Ceuta and Melilla.

5. This Royal Decree shall apply without prejudice to other Community provisions concerning plant health requirements for plants and plant products, except where such plant and plant products expressly provide for stricter requirements.

6. The Directorate-General for Health of Agricultural Production is designated as the central organ for the coordination of the plant protection issues regulated in this Royal Decree.

Article 2. Definitions.

1. In relation to this Royal Decree are considered:

(a) Plants: live plants and live parts of plants, including seeds.

1. Live parts of plants include:

-Fruits: in the botanical sense of the term, except those that have been subjected to over-freezing.

Vegetables: except for those that have been subjected to over-freezing.

-Tubes, corms, bulbs, rhizomes, cuttings and staquillas.

-Cut flowers.

-Ramas with sheets.

-Trees cut with leaves.

-Plant tissue cultures.

2. Seeds are understood as seeds in the botanical sense of the term, except those that are not to be used for sowing.

(b) Plant products: products of non-processed plant origin or which have undergone a simple preparation, provided that they are not plants.

(c) Plantation: any plant placement operation intended to permit its further growth, reproduction or propagation.

d) Plants intended for planting:

Plants already planted and intended to be planted or replanted after their introduction, or plants not yet planted at the time of their introduction, but destined to be planted after the introduction.

(e) Harmful Organisms: the enemies of plants or plant products, belonging to animal or plant kingdoms or viruses, microplasms or other pathogens.

f) Plant protection passport: an official label that evidences compliance with the provisions of this Royal Decree in relation to the phytosanitary standards and special requirements required, and which has been standardised at the level for the different plants and plant products, or established by the responsible official body, issued in accordance with the detailed rules for the procedure for issuing the passports plant protection, as provided for in paragraph (g).

For specific product types other brands other than labels may be established, which are officially agreed.

g) Responsible official bodies:

1. The central organ referred to in Article 1.6 of this Royal Decree, in respect of the functions indicated therein.

2. The Ministry of Agriculture, Fisheries and Food, in respect of trade with third countries and the competent bodies of the Autonomous Communities for the internal market.

The bodies referred to in the preceding paragraphs may delegate their functions, which shall be carried out under their responsibility and control, in any legal person governed by public law which, in accordance with their statutes officially approved, is solely responsible for specific public functions.

(h) Protected area: an area of the European Communities where one or more of the harmful organisms established in one or more parts of the European Communities are not endemic or established in one or more parts of the European Communities; reference in this Royal Decree, even if the conditions in that area are favourable to the establishment of the same, or there is a risk of the establishment of certain harmful organisms due to favourable ecological conditions, certain specific crops, even if the said organisms are not endemic or are established in the European Communities.

It is considered that a harmful organism is established in a region when its presence is known in that place and either no official measures have been taken to eradicate it, or the measures have resulted in it. ineffective for a period of at least two consecutive years.

In Commission Directive 92/76/EEC the protected areas in the European Communities are recognised for certain harmful organisms, as recognised in Parts B of Annexes I and II to this Royal Decree.

(i) Official declarations or measures: shall be construed as such only those made or taken, without prejudice to the relevant provisions relating to the Community inspection, contained in Article 13 by representatives of the responsible official bodies determined in paragraph (g) or, under their responsibility, by other public servants, in the case of declarations or measures relating to the issue of plant passports.

Such representatives or public servants, or by qualified agents employed by one of the responsible official bodies as defined in paragraph (g), in all other cases, provided that such agents do not have personal interests in the outcome of the measures taken and satisfy a minimum level of knowledge.

2. Except as expressly provided otherwise, paragraph 1 (b) and the other provisions of this Royal Decree shall refer to wood, only to the extent that the latter retains all or part of the round surface area. natural, with or without bark, or appear in the form of plates, particles, sawdust, waste or scrap of wood.

Without prejudice to the provisions relating to Annex V, they shall also refer to wood which, whether or not the conditions referred to in the preceding paragraph, appear in the form of stowers, separators, pallets or material packaging used in the transport of all types of goods, provided that they constitute a plant health risk.

Article 3. Harmful organisms subject to quarantine.

1. For the purposes of the following paragraphs 2, 3 and 4 the harmful organisms referred to in Annexes I and II are classified and listed under the corresponding headings as follows:

(a) Sections I of Parts A of Annexes I and II include harmful organisms which are not present in any part of the European Communities and are of importance to all of them.

(b) Sections II of Parts A of Annexes I and II include the bodies which are present in the European Communities, but are not endemic or are established in all the European Communities but are of importance for them.

(c) Parts B of Annexes I and II include harmful organisms present or not in the European Communities, but not present in the relevant protected area described and of importance for the same.

2. The introduction into the national territory of the harmful organisms listed in Part A of Annex I, as well as of plants and plant products contaminated by the harmful organisms affecting them, shall be prohibited. Correspondence listed in Part A of Annex II.

3. The prohibitions relating to the preceding paragraph are also applicable to the spread of the harmful organisms considered therein by means of movement and movement of plants, plant products or other objects. within the national territory.

4. The introduction and spread in the corresponding protected areas of the national territory of the following shall be prohibited:

(a) The harmful organisms listed in Part B of Annex I.

(b) The plants and plant products listed in Annex II, Part B, when contaminated by any of the harmful organisms listed therein.

5. Paragraphs 2 and 3 may not apply in accordance with the conditions laid down by the Commission of the European Communities, where appropriate, in the case of slight contamination of plants other than those intended for planting, for certain harmful organisms listed in Parts A of Annexes I and II.

6. It may be decided, in accordance with the conditions laid down by the Commission of the European Communities, to prohibit or make a special authorization conditional on the circumstances specified in accordance with the same procedure, the introduction and spread of specific organisms, whether in isolation or not, which are considered to be harmful to plants or plant products but not listed in Annexes I and II.

This provision will also apply to bodies of this type where they are not affected by Directive 90 /220/EEC or other more specific Community provisions concerning genetically modified organisms.

Article 4. Plants, plant products and other objects, the introduction of which is prohibited.

1. The introduction into the national territory of plants, plant products and other objects listed in Annex III, Part A, originating in the relevant third countries listed in that part of the Annex shall be prohibited. as they constitute a plant health risk for all parts of the European Communities.

2. The introduction into protected areas of the national territory referred to in Annex III, Part B, of plants, plant products or other objects originating in the relevant third countries appearing in that part of the territory shall be prohibited. Annex, taking into account that they constitute a plant health risk only for those protected areas.

Article 5. Special quarantine requirements.

1. Plants, plant products or other objects listed in Part A of Annex IV may be introduced and moved freely within the national territory only if they satisfy the particular requirements referred to in that part of the Annex, subject to the provisions of Article 6 (10).

2. Plants, plant products or other objects listed in Part B of Annex IV may not be introduced or circulated in the protected areas listed therein, unless they comply with the special requirements set out in Annex IV. that part of Annex IV, without prejudice to the provisions of the

Article 6 (5).

Article 6. Inspections at source, producer registers, collective warehouses and dispatch centres.

1. For plants, plant products and other objects listed in Section I of Part A of Annex V to be introduced into other Member States of the European Communities and to move freely within the territory national, both as well as their packaging and, where necessary, also the vehicles carrying them, must be thoroughly and officially examined in full or on a representative sample, in order to ensure:

(a) That they are not contaminated by the harmful organisms listed in Section II of Part A of Annex I.

(b) The plants and plant products listed in Section II of Part A of Annex II are not contaminated by the relevant harmful organisms and listed in that section and part of the Annex.

(c) The plants, plant products and other objects listed in Section II of Part A of Annex IV comply with the relevant particular conditions and set out in that section and part of the Annex.

2. For plants, plant products and other objects listed in Section II of Part A of Annex V to be able to circulate or be introduced into a particular protected area of the national territory or the European Communities, either of these or their packaging and, where necessary, also the vehicles which transport them shall be thoroughly and officially examined in full or on a representative sample in order to ensure:

(a) That they are not contaminated by the harmful organisms listed in Part B of Annex I in relation to the designated protected zone.

(b) The plants and plant products listed in Part B of Annex II are not contaminated by the relevant harmful organisms and are listed in that part of the Annex relating to the protected zone indicated.

(c) Plants, plant products and other objects listed in Annex IV, Part B, comply with the relevant particular conditions and which are listed in that part of the Annex relating to the protected zone indicated.

3. In order to enable the seeds referred to in Annex IV, Part A, to be introduced and circulated freely within the national territory and in the territory of the European Communities, they shall be officially examined in order to ensure that they comply with the corresponding special requirements set out in that part of the Annex.

4. If, during the examinations carried out in accordance with paragraphs 1, 2 and 3, harmful organisms listed in Section I of Part A of Annexes I and II are detected, the conditions to be met shall be deemed not to be fulfilled. reference in Article 7.

5. The provisions of the preceding paragraphs shall not apply to the movement of plants, plant products or other objects through a protected zone or on the outside thereof, in respect of the harmful organisms listed in the Annex. Part B of Annex I or Part B of Annex II, as well as the special requirements listed in Annex IV, Part B, relating to that protected zone.

6. The official examinations referred to in paragraphs 1, 2 and 3 shall be carried out in accordance with the following criteria

(a) They shall apply to relevant plants or plant products which have been grown, produced or used by the producer or which are otherwise found in their premises, as well as to the means of cultivation therein. used.

b) They shall be carried out in the establishments and, preferably, in the place of production.

(c) They shall be carried out regularly and at the appropriate time, at least once a year and, at least by visual observation, without prejudice to the fulfilment of the special requirements listed in Annex IV.

7. Producers who are required to carry out the official examinations provided for in this Article shall be included in an official register with a registration number which permits their identification, and shall be subject to the obligations to be fixed in accordance with the provisions of this Article. referred to in paragraph 11. In particular, they shall immediately notify the official body responsible for inspections at the origin of any atypical occurrence of harmful organisms or any other anomaly affecting plants.

8. Moreover, they shall be subject to registration and therefore subject to the examinations and obligations laid down in the preceding paragraph, producers, collective warehouses or dispatch centres situated in the production area of certain plants, plant products or other objects not listed in Part A of Annex V which are established.

They may also be established for certain plants, plant products and other objects, taking into account the nature of the conditions of production or marketing, a system which allows, as far as possible, go back to the origin of the same.

9. Official records relating to compliance with paragraphs 7 and 8 shall be established by the Autonomous Communities.

10. In so far as the spread of harmful organisms is not to be feared, they may be exempted:

(a) From the entry in registration set out in paragraphs 7 and 8, to small producers or processors whose total production and sale of plants, plant products and other relevant objects are intended for their production; final use in the local market for people who are not professionally involved in plant production.

(b) The official examination required in paragraphs 1, 2 and 3, for the local movement of plants, plant products and other objects produced by the persons to whom this exemption has been granted.

Article 7. Plant passports.

1. Where the official controls provided for in Article 6 (1), (2) and (3) are carried out in accordance with the provisions of paragraphs 4 and 6 of the same Article, and it is established that the conditions set out therein are fulfilled, issue a plant passport in accordance with the provisions which may be adopted in accordance with paragraph 4 of this Article. The plant passport may not be extended more than 14 days before the date on which the plants, plant products and other objects are put into circulation.

If the controls do not relate to the appropriate conditions for protected areas or if such conditions are deemed not to be met, the plant passport issued shall not be valid for those areas and therefore shall not apply. may have the flag reserved for such uses pursuant to Article 2 (1) (f).

2. (a) Plants, plant products and other objects listed in Annex V, Part A, shall not be allowed to circulate within the European Communities, except locally, in accordance with Article 6 (10), unless they are packages or vehicles carrying them are fitted with a valid plant passport for the relevant territory, issued in accordance with the provisions of paragraph 1, and attached to them, their packaging or the vehicle which the transports.

(b) Plants, plant products and other objects listed in Part A of Annex V may not be introduced into a specific protected zone and shall not be able to circulate in a protected zone, except where they are or the vehicles carrying them are fitted with a valid plant passport for that area, issued in accordance with the provisions of paragraph 1. If the conditions laid down in Article 6 (5) with respect to the movement through protected areas are met, this subparagraph shall not apply.

3. A plant passport, whatever its origin, may be replaced, at a later date, by another at any place on the national territory in accordance with the following provisions:

(a) This substitution may only be carried out either in the case of division of consignments or by combination of several items or parts thereof, either by modification of the plant health status of the consignments, without prejudice to the the special requirements set out in Annex IV or in other specific cases in accordance with what is available to the Commission where appropriate.

(b) Substitution may be made only at the request of a natural or legal person, whether a producer or not, which is registered in an official register in accordance with the provisions of Article 6 (7).

(c) The replacement passport shall be established by the official body responsible for the Autonomous Community in which the establishment applying for the replacement is situated and only where it can be guaranteed, from the the time when the producer carries out the consignment, the identity of the product concerned and the absence of risk of infections or infestations due to the harmful organisms listed in Annexes I and II.

(d) The replacement procedure shall be in accordance with the provisions which, where appropriate, are adopted by the Commission.

(e) The replacement passport shall include a special flag specified in accordance with what is, where appropriate, provided by the Commission and shall include the number of the original producer and, if there is a change in its plant health, operator or agent responsible for such change.

4. Plant passports shall not be issued where, in the light of the examination provided for in Article 6 (1), (2), (3) and (4), the conditions set out in those paragraphs are not considered to be fulfilled.

5. In special cases where, in the light of the nature of the results of the examination referred to above, it is established that either a part of the plants or plant products grown, produced or used by the producer or present in its premises shall be other reasons, or part of the growing medium used there is no risk of spreading harmful organisms, the provisions of paragraph 4 shall not apply to that part.

6. Where in application of paragraph 4, plant protection passports cannot be extended, the plants, plant products or crops concerned shall be subject to one or more of the following official measures:

(a) Appropriate treatment, followed by the issue of the appropriate plant passport in accordance with paragraph 1, in the event that the necessary conditions are deemed to be fulfilled, as a result of such treatment.

(b) Authorisation for movement under official control to areas where they do not represent an additional risk.

c) Authorization for circulation under official control to certain locations for industrial processing.

d) Destruction.

7. Where the provisions of paragraph 4 are applied in an establishment, the activities of the producer in that establishment shall be suspended in whole or in part until it has been established that the risk of the spread of harmful organisms. As long as this suspension is maintained, the rules concerning the issuing of or replacing plant passports shall not apply.

8. As regards plants, plant products and other objects referred to in Article 6 (8), on the basis of an official examination carried out in accordance with the provisions of that Article, in the case of The provisions of paragraphs 5, 6 and 7 shall be deemed to apply to those plants, plant products or other objects which are not free from harmful organisms listed in Annex I and II.

Article 8. Plant health checks.

1. In compliance with the provisions of this Royal Decree and in particular Article 7 (2), official controls shall be organised, which shall be carried out at random and without any discrimination with regard to the origin of the plants, plant products and other objects, in accordance with the following rules:

(a) occasional checks at any time and place where plants, plant products or other objects circulate.

(b) Controls in the premises where plants, plant products and other objects are grown, produced, stored or put up for sale, as well as in the premises of the buyers.

(c) occasional checks to match any other documentary check carried out for non-phytosanitary reasons.

2. Official controls shall be carried out on a regular basis in the premises listed in an official register in accordance with the provisions of Article 6 (7) and Article 10 (8) and may be carried out with on a regular basis on the premises which are registered in an official register, in accordance with Article 6 (8).

3. Checks may be carried out on a regular basis, and on specific objectives, if there are indications that one of the provisions of this Royal Decree has not been complied with.

4. Persons with professional dedication in the production of plants, as end users of plants, plant products and other objects, shall keep the plant passports for at least one year. Persons who place them on the market and are not final users shall only record in their registers these passports and, in the event of any substitution thereof, keep the replaced passport for at least one year.

5. Where official controls carried out in accordance with the paragraphs of this Article show that plants, plant products and other objects constitute a risk of spreading harmful organisms, they shall be subject to measures Article 6 (6) of Regulation (EC) No 66/2014 of the European Parliament

Article 9. Inspections and phytosanitary certificates for export and re-export to third countries.

1. Where, on the basis of official and detailed examinations of plants, plant products or other objects, either on their whole or on a representative sample, and, where necessary, on the packaging, vehicles carrying them or, in their Case by documentary evidence, it is estimated that the plant health requirements of the country of destination are met, a phytosanitary certificate may be issued in a single specimen in accordance with the model set out in Part A of Annex VI, with regard to the stamp and signature, in capital letters or in letters to the machine and in accordance with the following instructions:

a) The botanical name of the plants shall be indicated in Latin characters.

b) Uncertified alterations or attachments will invalidate the certificate.

c) Possible copies of the certificate should only be issued with the indication or printed or stamped.

(d) The phytosanitary certificate shall not be valid if it has been issued more than 14 days in advance of the date on which the plants, plant products or other objects leave for the country of destination.

2. Provided that one of the cases referred to in paragraph 3 is not present, plants, plant products and other objects which have been introduced into the national territory from a third country which are intended to be introduced into the another third country with equivalent phytosanitary requirements, which have not been exposed to any plant health risk, shall be exempt from a new examination which complies with paragraph 1 if they are accompanied by a certificate. plant protection of the country of origin.

3. Where plants, plant products or other objects from a third country have undergone a fractionation, storage or modification of the packaging and are intended to be introduced into another third country with requirements Equivalent plant health care shall not be required for a further examination which complies with the provisions of paragraph 1, if it is officially established that such products have not run any plant health risk which would call into question the observation of the conditions listed in paragraph 1.

4. In the cases provided for in paragraphs 2 and 3, a phytosanitary certificate for re-export shall be issued in a single copy, in accordance with the model in Part B of Annex VI, and following the instructions set out in paragraph 1 for the issue of the phytosanitary certificate.

The phytosanitary certificate of the country of origin or the certified copy of the country of origin shall be attached to that phytosanitary certificate.

Article 10. Plant-health inspection of plants, plant products and other objects from third countries.

1. For the introduction into the national territory of plants, plant products or other objects listed in Annex V, Part B, originating in third countries and without prejudice to specific technical arrangements which may have been concluded in this respect between the European Communities and any of the above third countries, the following requirements shall be met:

(a) Such plants, plant products or other objects, as well as their packaging, shall be examined thoroughly and officially, in their entirety or on a representative sample and, where necessary, also examined in detail and on official bases, the vehicles transporting them in order to ensure, as far as possible:

1. That those are not contaminated with the harmful organisms listed in Part A of Annex I.

2. For plants and plant products listed in Part A of Annex II, which are not contaminated with the harmful organisms which affect them and which are listed in that part of the Annex.

3. For plants, plant products or other objects listed in Part A of Annex IV, which meet the special requirements set out in that part of the Annex.

(b) Such plants, plant products or other objects shall be accompanied by a phytosanitary certificate containing the information in accordance with the model set out in the Annex to the International Convention for the Protection of Plants of 6 December 1951, as amended on 21 November 1979 and without prejudice to the form of presentation, shall be issued by the services authorized for these purposes within the framework of the International Convention for the Protection of plants or, in the case of non-contracting countries on the basis of legislative provisions or regulations of the country. These certificates shall be drawn up at least in Spanish or French or English.

These phytosanitary certificates shall not be valid if they have been issued more than 14 days before the date on which the plants, veg products

etals or other objects have left the consignor country.

2. In the case of consignments intended for a protected zone, the provisions of paragraph 1 (a) relating to harmful organisms and to the particular requirements listed respectively in Parts B of Annexes I, II and IV shall apply.

3. In the case of plants, plant products or other objects to which the particular requirements laid down in Section I of Part A of Annex IV apply, the official phytosanitary certificate required in accordance with the provisions of the This Article shall have been issued in the country of origin of the plants, plant products or other objects, except:

(a) In the case of wood, if in accordance with the special requirements of Section I of Part A of Annex IV it is sufficient to be uncortetized.

(b) In the remaining cases, to the extent that the special requirements laid down in Section I of Part A of Annex IV may also be met in places other than the place of origin.

4. Consignments from third countries, in respect of which they have not been declared to contain plants, plant products or other objects listed in Annex V, Part B, shall be officially checked where there are serious grounds for to believe that there has been an infringement in this respect.

5. Importers of plants, plant products or other objects to which the official plant health checks provided for in Article 6 are required shall be registered in an official register with a registration number permitting their identification.

6. The inspections, in so far as they are documentary and identity checks, as well as the checks on compliance with the provisions of Article 4, shall be carried out at the time of the first entry into the Community. European, as well as the other administrative formalities relating to imports, including customs formalities.

7. The list of entry points in Spain for plants, plant products or other objects, listed in Annex V, Part B, are those listed in Annex VII.

8. Inspections shall be carried out in the places where the inspections referred to in paragraph 6 are carried out or at a place close to them and shall be considered an integral part of the inspections to the extent that they are plant health controls. formalities provided for in the preceding paragraph.

However, in particular cases, the Ministry of Agriculture, Fisheries and Food may provide that plant health checks may be carried out at the place of destination if specific guarantees are given as regards the transport of plants, plant products and other objects.

Furthermore, derogations from the above provisions may be made only under the conditions laid down in the specific technical agreements which may be established in this respect between the European Communities and certain third countries.

9. The provisions of Article 7 (1) and (3) shall apply in the same way to plants, plant products and other objects referred to in paragraph 1 of this Article, provided that they are listed in Part A of Annex V, where, on the basis of the inspections referred to in paragraph 9 of this Article, it is considered that the conditions of paragraphs 1, 2, 3 or 4 are met.

10. Where, on the basis of the inspections referred to in paragraph 9 of this Article, it is considered that, accordingly, the conditions laid down in paragraphs 1 and 2 are not met, one or more of the following shall be adopted immediately. following measures:

(a) Appropriate treatment, if it is considered that, as a result of treatment, the conditions are met.

b) Separation of the infected/parasitic material from the rest of the shipment.

c) Imposition of a quarantine period until the results of official examinations or tests are available.

d) Rejection or authorisation of the consignment to a destination outside the European Communities.

e) Destruction.

In accordance with the conditions set out by the Commission of the European Communities, rules for the development of this paragraph may be adopted concerning:

(a) The conditions under which one or more of the measures envisaged are to be adopted.

(b) The particularities and conditions relating to such measures.

Article 11. Responsible authorities and powers.

In relation to the execution and development of this Royal Decree, as provided for in Article 2 (1) (g):

1. The following tasks shall be carried out by the Ministry of Agriculture, Fisheries and Food, through the Directorate-General for Health of Agricultural Production:

(a) Coordination at national level, as well as contacts with the Commission of the European Communities and plant health authorities in the Member States.

(b) The implementation of the activities relating to compliance with Articles 9 and 10.

(c) The determination and the enabling, for the purposes of the implementation of plant health checks, of the entry of plants, plant products and other objects originating in or consigned from third countries, as well as those of export of the same to those countries.

2. It is for the competent bodies of the Autonomous Communities, in their respective territorial areas, to carry out the following tasks:

(a) Designation of the responsible official bodies as defined in Article 2 (1) (g).

(b) The implementation of the activities relating to compliance with Articles 6, 7 and 8.

Article 12. Plant health inspectors.

1. Plant health inspectors must have sufficient qualifications to carry out the examinations and checks provided for in this Royal Decree and, where appropriate, must receive further training through training programmes. National or Community.

2. Inspectors, in the exercise of their duties and sufficiently accredited, may:

(a) Having access to plants, plant products and other objects at any stage of production and marketing located in customs and free ports, local production, storage, processing, handling, preservation and marketing.

(b) To carry out any investigation that requires the relevant official examinations and controls, including those relating to the records or entries for the issue of plant passports.

c) Take the necessary samples for further examination or analysis in specialized centers.

d) Proceed to the preventive retention of plants, plant products or other objects that have been or are founded on the basis that they may constitute a matter of infringement of this Royal Decree, in accordance with the regulations and regulatory deadlines.

e) Making declarations and implementing official measures as defined in Article 2 (1) (i).

Article 13. Inspection and control.

1. When plant health experts from the Commission of the European Communities, duly accredited by the Directorate-General for Agricultural Production of the Ministry of Agriculture, Fisheries and Food, carry out on-the-spot checks to ensure the correct and uniform application of this Royal Decree and of Directive 77 /93/EEC and its subsequent amendments by the competent bodies of the Autonomous Communities and by the Ministry of Agriculture, Fisheries and Food, the scope of their competences, they will be given the necessary assistance for the performance of their functions, for which the representatives of the Department may accompany such experts.

2. The checks referred to in paragraph 1 may be carried out within the national territory for the following tasks

(a) Monitor the examinations and inspections referred to in Article 6 and Article 10 (1) respectively.

(b) Carry out the inspections referred to in Article 10 (1) in cooperation with the Ministry of Agriculture, Fisheries and Food within the framework of the provisions laid down in paragraph 4.

3. With a view to carrying out the tasks listed in the preceding paragraph, the experts referred to in paragraph 1 may:

(a) Visit nurseries, farms and other places where plants, plant products or other objects are grown, produced, processed or stored.

(b) Visit the places where the examinations referred to in Article 6 or the inspections referred to in Article 12 are carried out.

4. Where the task is to carry out inspections pursuant to Article 10 (1), such inspections shall be integrated into the established inspection programme and the rules of procedure laid down by the Ministry of Agriculture, Fisheries and Food; however, in the case of a joint inspection, the Ministry of Agriculture, Fisheries and Food may only allow the introduction into the European Communities of a consignment if the national plant health service and the Commission would agree. In the event of disagreement between the Community expert and the national inspector, the Ministry of Agriculture, Fisheries and Food shall take the necessary temporary precautionary measures pending a final decision.

Article 14. Exceptions to phytosanitary quarantines.

To the extent that there is no need to fear the spread of harmful organisms, the Ministry of Agriculture, Fisheries and Food and the competent bodies of the Autonomous Communities, in their respective fields of competence, may set the non-application:

a) Generally or for particular cases the following:

1. Article 10, in conjunction with Article 4 (1) and (2), for the transit through the national territory of plants, plant products or other objects from third countries to another third country.

2. Articles 5, 6, 7, 9 and 10 in the case of objects forming part of a move or of small quantities of plants or plant products, as well as of foodstuffs and animal feed, when used for the use of the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport.

b) In individual cases:

Article 10, and Article 3 (2) and (3), where the contamination of certain plants or plant products by certain harmful organisms is slight, in so far as such harmful organisms already exist in the national territory and the territory of the European Communities.

(c) In exceptional cases, and without prejudice to the procedure set out in paragraph 2:

1. Of Articles 3, 5 and 10 for scientific testing or purposes and for varietal selection work.

2. Article 5 (1) and (2) and the third subparagraph of paragraph 1 (a) of Article 10:

-With respect to the requirements referred to in paragraphs 1.5 and 6 of Part A of Annex IV.

-With regard to the requirements referred to in paragraph 25.3 of Part A of Annex IV, for seed potatoes, provided that an official verification is required that they originate in regions where it has not been observed no symptoms of contamination by the viruses listed in paragraph 2 (d) of Part A of Annex I, since the beginning of the last complete period of vegetation.

(d) derogations from Articles 5, 6 and 7 may be provided for in the case of the introduction of plants, plant products or other objects in another Member State to the extent that the latter renounces the application of the conditions laid down in those Articles by the issuing Member State.

Article 15. Plant health protection measures.

1. The competent bodies of the Autonomous Communities shall immediately notify the Ministry of Agriculture, Fisheries and Food, and the Ministry of Agriculture, and the Commission of the European Communities and the other Member States, through the appropriate channel, any presence on its territory of harmful organisms listed in Section I of Part A of Annex I or Section I of Part A of Annex II or any occurrence in a part of its territory where its presence is not known, of any of the harmful organisms listed in Section II of Part A of Annex I in Part B of Annex I,

in Section II of Part A of Annex II or Part B of Annex II.

All necessary measures for the eradication or, if not possible, the isolation of the harmful organism concerned shall be taken. The Ministry of Agriculture, Fisheries and Food shall inform the Commission and the other Member States of the measures taken.

2. Following the same procedure as in the previous paragraph, the Commission of the European Communities and the other Member States shall be notified of the actual or suspected occurrence of harmful organisms by means of the appropriate means of listed in Annex I or Annex II, whose presence on the national territory is not yet known.

The Ministry of Agriculture, Fisheries and Food shall also inform the Commission and the other Member States of the protective measures taken or to be taken. Such measures shall be such as to eliminate any risk of the spread within the territory of the European Communities of the harmful organisms concerned.

3. As regards consignments of plants, plant products or other objects from third countries, which present an imminent danger of the introduction or spread of the organisms referred to in paragraphs 1 and 2, the Ministry of Agriculture, Fisheries and Food shall immediately implement the measures necessary to protect the territory of the European Communities from this danger, and shall inform the Commission and the other Member States through the appropriate course.

4. Where the Ministry of Agriculture, Fisheries and Food or the Autonomous Communities, in their respective fields of competence, considers that there is an imminent danger of plant health other than that referred to in paragraph 3, they shall be notified of immediately to the Commission of the European Communities and to the other Member States, through the appropriate course, the measures which it would like to take. If it is estimated that these measures are not taken within an appropriate time to prevent the introduction or spread of a harmful organism into the national territory, the provisional provisions which they consider necessary may be adopted until the Commission, where appropriate, adopt the appropriate measures.

Additional disposition first. Obligation to supply information.

Between the Ministry of Agriculture, Fisheries and Food and the Autonomous Communities the precise channels of mutual information shall be established in order to facilitate the execution of the functions and activities in the field of their respective competences.

Additional provision second. Basic character.

This Royal Decree is issued pursuant to Article 149.1.10. and 13. of the Constitution.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank shall be repealed as set out in this Royal Decree, and in particular the following provisions:

1. Decree 1881/1971 of 15 July 1971 on plant protection and the technique of citrus cultivation.

2. Royal Decree 339/1987 of 6 March 1987 on the control of plant and plant protection products in the external trade system.

3. Ministerial order of 12 March 1987 laying down the plant health rules for the import, export and transit of plants and plant products pursuant to Directive 77 /93/EEC and their subsequent amendments.

4. Ministerial order of 18 December 1990 on plant health conditions to be respected for the import of citrus fruit for multiplication and planting.

Final disposition first. Powers of development.

The Ministers of Agriculture, Fisheries and Food and Trade and Tourism are empowered to make, in the field of their powers, the necessary provisions for the development and implementation of this Royal Decree and, in (a) to adapt the Annexes to the amendments made to them by Community Directives.

By the Ministry of Agriculture, Fisheries and Food, the modifications that are introduced in the annexes of this Royal Decree by the Community rules of direct effect will be advertised.

Final disposition second. Entry into force.

This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to November 26, 1993.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA

(ANNEXES I TO VI OMITTED)

ANNEX VII

List of points of entry into the European Community for plants, plant products or other objects from third countries, in compliance with Directive 77 /93/EEC.

In compliance with the provisions of Directive 77 /93/EEC, points of entry into the European Community within the Spanish territory (except Canary Islands, Ceuta and Melilla) for plants, products and products are listed below. plants or other related objects listed in Part B of Annex V from third countries:

Land customs: none.

Maritime Customs:

Province of Alicante. Port: Alicante.

Province of Almeria. Port: Almería.

Province of Asturias. Ports: Musel-Gijón and Aviles.

Province of Baleares. Puerto: Palma de Mallorca.

Province of Barcelona. Port: Barcelona.

Province of Cadiz. Ports: Algeciras and Cadiz.

Province of Cantabria. Port: Santander.

Province of Castellón. Port: Castellón de la Plana.

Province of Girona. Port: Palamos.

Province of Guipuzcoa. Port: Passages.

Province of Huelva. Port: Huelva.

Province of La Coruña. Ports: La Coruña and El Ferrol.

Province of Malaga. Port: Malaga.

Province of Murcia. Port: Cartagena.

Province of Pontevedra. Ports: Marin, Vigo and Villagarcia de Arosa.

Province of Seville. Port: Seville.

Province of Tarragona. Port: Tarragona.

Province of Valencia. Ports: Gandia, Sagunto and Valencia.

Province of Biscay. Port: Bilbao.

Air Customs:

Province of Baleares. Airport: Palma de Mallorca.

Province of Barcelona. Airport: Barcelona (Prat de Llobregat).

Province of Madrid. Airport: Madrid (Barajas).

Province of Seville. Airport: Seville.

Province of Valencia. Airport: Valencia (Manises).