Royal Decree 2071 / 1993, Of 26 November, On Measures Of Protection Against The Introduction And Spread In The National Territory And The European Economic Community Of Organisms Harmful To Plants Or Plant Products, So C...

Original Language Title: Real Decreto 2071/1993, de 26 de noviembre, relativo a las medidas de protección contra la introducción y difusión en el territorio nacional y de la Comunidad Económica Europea de organismos nocivos para los vegetales o productos vegetales, así c...

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After having made the modifications and adaptations to the new situation of a community space without borders, starting in 1993, of the Directive 77/93/EEC, the Council, of 21 December 1976, on protective measures against the introduction into the European communities of organisms harmful to plants or plant products and against their spread in the interior of the European communities It is made necessary a new formulation and adaptation to this situation of national legislation, by the transposition of the last modification of the said directive, carried out by Directive 91/683/EEC of the Council of 19 December. In this provision also incorporates the amendments made to Directive 77/93/EEC with regard to the adaptation of its annexes: Directive 92/76/EEC, of the Committee, on 6 October, which are recognized protected areas of the European communities exposed to specific plant health risks; Directive 92/103/EEC of the Commission of 1 December, that amending annexes I, II, III and IV, and Directive 92/98/EEC of the Council of 16 November, amending Annex V.


Despite the foregoing, directives 92/76/EEC, 92/103/EEC and 92/98/EEC already were incorporated into the Spanish legal system through the ministerial order of 27 May 1993, in modification of the of 12 March 1987, which establishes phytosanitary rules concerning the import, export and transit of plants and plant products in application of Directive 77/93/EEC , which are therefore repealed upon the entry into force of this provision.


In this context, plant-health checks of certain plants, plant products and other objects, which were needed at the entrance and exit of Spanish territory, made in source, transit or destination.


Also, the Suppression of plant-health checks at intra-Community borders affect certain plants, plant products and other objects coming from third countries which have to be introduced into the territory of the community through any of the Member States, which makes Spain at external frontier of the European communities.


The role of the State as a partner only to the European communities and the other Member States, taking into account the multiple communications and procedures that have to be made to them in relation to phytosanitary incidents that occur in the marketing of products on the single European market is particularly relevant to.


On the other hand, the completion of the internal market provided for in Article 8A of the Treaty establishing the EEC implies the removal of all barriers in intra-Community trade with a view to the merger of national markets into a single market. Taking into account that this carries with it the abolition of controls at border for intra-Community trade and the reinforcement of the guarantees at origin, cannot be differences between products intended for the national market and the aimed at the market of another Member State, so it has been passed with the aforementioned Community rules.


Ultimately the exposed framework leads to the need to intensify cooperation between the State and the autonomous communities for the purpose of achieving the proposed objectives, without prejudice to the powers of one and other and without degradation of the phytosanitary requirements defined.


Therefore, it is necessary to transpose to the Spanish legislation with Community legislation cited by the present Royal Decree, dictated on the basis of article 149.1.10. and 13. of the Constitution.


By virtue, on the proposal of the Ministers of agriculture, fisheries and food and of trade and tourism, consulted the sectors affected, according to the Council of State and after deliberation by the Council of Ministers at its meeting of November 26, 1993, D I S P O N G O: article 1. Object and scope of application.


1. the object of the present Royal Decree includes measures of protection against the introduction of organisms harmful to plants and plant products within the national territory and, as a consequence, the of European communities from third countries.


2. in addition, it includes protection measures against the spread in the communities of harmful organisms by means related to the movement of plants or plant products and other related objects within the national territory.


3 it applies equally 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. the present Royal Decree does not apply to the Canary Islands, Ceuta and Melilla.


5. the present Royal Decree shall apply without prejudice to other Community provisions relating to phytosanitary requirements of plants and plant products, except where it provides for or expressly stipulate stricter requirements.


6 it refers to the direction General of health of the agricultural production as a central body for the co-ordination of the phytosanitary issues regulated in the present Royal Decree.


Article 2. Definitions.


1 in relation to the present Royal Decree are considered: to) plant: live plants and live parts of plants, including seeds.


1. the living parts of plants include:-fruits: in the botanical sense of the term, except those that have been sobrecongelacion.


Vegetables: except those that have been sobrecongelacion.


-Tubers, corms, bulbs, rhizomes, cuttings, and cuttings.


-Cut flowers.


-Branches with leaves.


-Cut trees with leaves.


-Plant tissue cultures.


2 seeds means seeds in the botanical sense of the term, except for those that are not going to allocate to the sowing.


(b) vegetable products: products of plant origin, unprocessed or that they have been subjected to simple preparation, provided that is not of vegetables.


(c) Plantation: any operation placement of vegetables whose purpose is to allow subsequent growth, reproduction or propagation.


(d) plants intended for planting: vegetable already planted and intended to remain planted or to be replanted after their introduction, or vegetables still not planted at the time of its introduction, but destined to be planted after the same.


(e) harmful organisms: the enemies of plants or plant products belonging to the animal or plant kingdoms, or viruses, mycoplasmas or other pathogens.


(f) plant passport: an official label that shows compliance with the provisions of this Royal Decree related to plant health standards and special requirements, and that has been standard at Community level for the different plants and plant products, or established by the responsible official body, issued pursuant to the provisions of application relating to the details of procedure for issuing plant passports (, as foreseen in paragraph g).


Other brands various labels, officially agreed upon may be established for specific types of products.


(g) responsible official bodies: 1. the central body referred to in article 1.6 of the present Royal Decree, with respect to the functions that are listed in the same.


2. the Ministry of agriculture, fisheries and food, with regard to 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 must be carried out under his responsibility and control, in any legal person governed by public law which, in accordance with their statutes officially approved, is exclusively responsible for specific public functions.


(h) protected zone: a zone of the European communities in which non-endemic or are set out one or more of the harmful organisms established in one or more parts of the European communities, which is referenced in the present Royal Decree, even when the conditions in that area are favourable to the establishment of the same, or there is a risk of establishment of certain organisms harmful because of favourable ecological conditions , for certain specific crops, even though the mentioned organisms non-endemic and are set out in the European communities.


He is considered a harmful organism is established in a region where known its presence in this place and, either not official measures taken to eradicate it, or well such measures have been ineffective for a period of two consecutive years as a minimum.


In the Commission Directive 92/76/EEC are recognized protected areas in the European communities for specific harmful organisms, such as are recognized in part B of annexes I and II of the present Royal Decree.


((i) statements or official measures: by such means 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 statements or measures related to the issuing 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 have no personal interest in the outcome of the measures taken and meet a minimum level of knowledge.


2 unless expressly otherwise, paragraph b specified) paragraph 1 and other provisions of the present Royal Decree will refer to the wood, only to the extent that the latter retain total or partially the natural round surface, with or without bark, or appear in the form of chips, particles, sawdust, waste or scrap of wood.


Without prejudice to the provisions relating to annex V, also refer to the wood that meets the conditions referred to in the preceding paragraph or not, appear in the form of dunnage, spacers, pallets or material packaging used in the transport of all kinds of goods, provided that they constitute a plant-health risk.


Article 3. Object of quarantine harmful organisms.


1 a the effects of implementation of the following paragraphs 2, 3 and 4 the harmful organisms listed in annexes I and II are classified and listed under the corresponding headings in the following manner: to) harmful organisms that are not present in any part of the European communities and are of importance to all of them are included in sections I to parts A of annexes I and II.


(b) in sections II to parts of annexes I and II are organisms that are present in the European communities, although they are not endemic or established in all of the European communities, but which are of importance to them.


(c) B parts of annexes I and II present harmful organisms or not include in the European communities, but not present in the corresponding protected area described and of importance to it.


2 prohibited the introduction into the national territory of the harmful organisms listed in part A of the annex I, as well as the plants and plant products that are contaminated by the harmful organisms that affect them and in correspondence appearing listed in part A of annex II.


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


4 prohibited the introduction and spread in the relevant protected zones of the national territory of: to) harmful organisms referred to in part B of annex I.


(b) the plants and plant products listed in part B of annex II, when they are contaminated by the harmful organisms there listed.


5. paragraphs 2 and 3 may not be of application in accordance with the conditions which, where appropriate, establish the Commission of the European communities, in the case of slight contamination of plants other than those intended for planting, by certain harmful organisms listed in part A of annexes I and II.


6 may decide, in accordance with the conditions which, where appropriate, to establish the Commission of the European communities, prohibit or subject to special authorization, granted in the circumstances specified pursuant to the same procedure, the introduction and the spread of specific organisms, in isolated State or not, to be harmful to plants or plant products but not appearing in annexes I and II.


This provision will also apply to such organizations when it does not affect the directive 90/220/EEC or other more specific Community provisions regarding genetically modified organisms.


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


1 prohibited the introduction into the national territory of the plants, plant products and other objects listed in part A of annex III originating in the third countries concerned listed in that part of the annex, taking into account that they constitute a plant-health risk for all parts of the European communities.


2 prohibited the introduction in the protected areas of the national territory referred to in part B of annex III of the plants, plant products or other objects originating from the relevant third countries listed in that part of the annex, taking into account which constitute a plant-health risk only for protected areas.


Article 5. Particular requirements of quarantine.


1. the plants, plant products or other objects listed in part A of annex IV may only be introduced and circulate freely within the national territory where they meet the specific requirements referred to in this part of the annex, without prejudice to the provisions of paragraph 10 of article 6.


2. plants, plant products or other objects listed in part B of annex IV may be introduced or circular in the protected zones listed in it, at least that they comply with the particular requirements also indicated in this part of annex IV, without prejudice to the provisions of paragraph 5 of article 6.


Article 6. Inspections at origin, record producers, collective warehouses and dispatch centres.


1 so that the plants, plant products and other objects which are listed in section I of part A of annex V to be introduced in other Member States of the European communities and to move freely within the national territory, both these as their packaging and, when necessary, also the vehicles transporting them, should be examined thoroughly and officially in its entirety or on representative sample (in order to ensure: a) are not contaminated by harmful organisms listed in section II of part A of annex I.


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


(c) that the plants, plant products and other objects listed in section II of part A of annex IV to comply with the relevant conditions listed in this section and part of the annex.


2. so that the plants, plant products and other objects which are listed in section II of part A of annex V may move or be entered in a particular protected area of the national territory or of the European communities, both these as their packaging and, when necessary, also the vehicles transporting them will be inspected meticulously in their entirety or on a representative sample in order to ensure (: a) are not contaminated by harmful organisms listed in part B of annex I in relation to the protected area indicated.


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


(c) that the plants, plant products and other objects listed in part B of annex IV to comply with the relevant conditions listed in that part of the annex relating to the protected area indicated.


3. to make the seeds referred to in part A of annex IV may be introduced and move freely within the national territory, as well as in the European Community, shall be officially examined in order to ensure that they meet relevant particular requirements contained in this part of the annex.


4. If harmful organisms listed in section I of part A of annexes I and II are detected during tests carried out in accordance with paragraphs 1, 2 and 3, shall be deemed that the conditions referred to in article 7 are not met.


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 outside of it, with regard to the harmful organisms listed in part B of annex I or in part B of annex II, as well as to the special requirements listed in part B of annex IV relating to the protected area.


6 the official examinations referred to in paragraphs 1, 2 and 3 shall be subject to the following criteria: to) will be applied to the plants or relevant plant products that have been grown, produced or used by the producer or which are otherwise in its dependencies, as well as to the culture medium they used.


(b) will be carried out in the establishments and, preferably, at the place of production.


(c) shall be carried out regularly and at the right time, at least once a year, and at least by visual observation, without prejudice to compliance with the special requirements listed in annex IV.



7. producers to those who demand is the official surveys provided for in this article, will be included in an official register with a registration number that allows its identification, and shall be subject to the obligations established in accordance with paragraph 11. In particular, they must immediately notify the official body responsible for inspections at origin of any unusual occurrence of harmful organisms or any other abnormality that affects plants.


8. on the other hand, will be subject to registration and therefore subject to examinations and obligations set forth in the preceding paragraph, producers, collective warehouses or dispatch centres located in the area of production of certain plants, plant products or other objects not listed in part A of annex V to be established.


You can also set for certain plants, plant products and other objects, taking into account the nature of the conditions of production or marketing, a system that allows, to the extent possible, go back to the origin of the same.


9. the official records concerning compliance with the above paragraphs 7 and 8 shall be established by the autonomous communities.


10 insofar as it is not feared the spread of harmful organisms, may exempt: to) of entry in register established in paragraphs 7 and 8, to small producers or processors whose production and sale of plants, plant products and other objects relevant are secured to its end in the local market use to persons who are not professionally involved in plant production.


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


Article 7. Plant health passports.


1. when the official checks provided for in paragraphs 1, 2 and 3 of article 6 are carried out in accordance with the provisions of paragraphs 4 and 6 of the same article, and check the conditions contained therein, shall be issued a plant passport in accordance with the provisions to be adopted pursuant to paragraph 4 of this article. The plant passport may not extend more than fourteen days before the date on which the plants, plant products and other objects are put into circulation.


If controls do not relate to the conditions relating to protected areas, or if it is considered that such conditions are not met, the plant passport issued shall not be valid for those areas and therefore may not have the distinction reserved for such uses, in implementation of paragraph f) of paragraph 1 of article 2.


2 to) the plants, plant products and other objects listed in section I of part A of annex V, may not circulate within the European communities, except locally, according to paragraph 10 of article 6, except where these, packaging or the vehicles transporting them shall bear a plant passport valid for the corresponding territory issued in accordance with the provisions of paragraph 1, and attached to them, their packaging or the vehicle carrying them.


(b) the plants, plant products and other objects listed in section II of part A of annex V may not be inserted in a specific protected area and may not move, except that these, packaging or the vehicles transporting them shall bear a plant passport valid for that zone, issued in accordance with the provisions of paragraph 1. Compliance with the conditions laid down in paragraph 5 of article 6 with respect to the circulation through protected areas, it shall not apply this paragraph b).


3 a plant passport, or anyone who is its source, may be replaced, later, by another anywhere in the national territory in accordance with the following provisions: to) this substitution can only be made well in case of division of items, or by combination of various items or parts thereof, or by modification of the phytosanitary situation of headings , without prejudice to the special requirements referred to in annex IV or in other specific cases in accordance with what, if any, determined by the Commission.


(b) the substitution can only be made at the request of a natural or legal person, whether a producer or not, listed in an official register in accordance with the provisions of paragraph 7 of article 6.


(c) the replacement passport shall be established by the responsible official body of the autonomous community in which is situated the establishment requesting replacement and only in the case in which can guarantee, from the moment in which the producer carry out shipment, the identity of the product concerned and the absence of risk of infections or infestations due to harmful organisms listed in annexes I and II.


(d) the replacement procedure must comply with the provisions, where appropriate, adopted by the Commission.


(e) the replacement passport shall include a special distinctive specified according to which, where appropriate, be arranged by the Commission and shall include the number of the original producer and, if there is a change of your plant, the operator or agent responsible for this change.


4. not phytosanitary passports be issued when, in view of the review provided for in paragraphs 1, 2, 3 and 4 of article 6, are not considered that the conditions referred to in those paragraphs are met.


5. in special cases that in view of the nature of the above test results, is established or well a part of the plants or plant products grown, produced or used by the producer or present in its dependencies by other motives, or a part of the growing medium used there does not represent any risk of spreading harmful organisms not the provisions of paragraph 4 shall apply to that part.


6 when in application of paragraph 4 not to extend phytosanitary passport, vegetables, vegetables or culture media affected shall be subject to one or more of the following official measures: to) appropriate treatment, followed by the issuance of the plant passport that is appropriate, in accordance with paragraph 1, should be considered fulfilled the necessary conditions, as a result of such treatment.


(b) authorization for movement under official control to areas that do not pose an additional risk.


(c) authorization for movement under official control to certain places for industrial processing.


(d) destruction.


7. in the event that an establishment apply the provisions of paragraph 4, the activities of the producer shall be suspended totally or partially in that establishment until it is established that the risk of spreading harmful organisms is deleted. As long as this suspension they will not apply the rules relating to the issue of phytosanitary passports or replacement thereof.


8 insofar as it refers to the plants, plant products and other objects referred to in paragraph 8 of article 6, based on an official examination carried out in accordance with the provisions of that article, where deemed that the concerned plants, plant products or other objects are not free from harmful organisms which are reflected in annexes I and II shall apply the provisions contained in paragraphs 5, 6 and 7.


Article 8. Phytosanitary controls.


1 in compliance with the provisions of this Royal Decree and in particular of paragraph 2 of article 7 will be organized controls officers, that they be conducted randomly and without 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 moving plants plant products or other objects.


(b) controls on the premises where they are grown, produced, stored or put the plant sale, plant products and other objects, as well as on the premises of the buyers.


(c) occasional checks that match any other documentary check which is carried out for reasons not plant protection.


2. official controls should be carried out regularly at the premises listed in an official register, in accordance with the provisions of paragraph 7 of article 6 and in paragraph 8 of article 10, and may be carried out on a regular basis in units that are registered in an official register, in accordance with the provisions of paragraph 8 of article 6.


3. controls may be carried out on a regular basis, and on concrete objectives, if there are indications that it has not met any of the provisions of this Royal Decree.


4 persons with professional dedication in vegetable production, as end users of plants, plant products and other objects, preserved plant health passports for a year as a minimum. People who placed on the market them and are not end users, only noted in their records these passports and in case of any replacement thereof, be retained for at least one year Passport replaced.



5 where official controls carried out in accordance with paragraphs of this article demonstrate that the plants, plant products and other objects are a risk of spreading harmful organisms, shall be official measures pursuant to the provisions of paragraph 6 of article 6.


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


1 when based on formal and detailed examination of the plants, plant products or other objects, either on a whole or on a representative sample, and, when necessary, packages, vehicles transporting them or, where appropriate, by documentary evidence, it is considered that compliance with the phytosanitary requirements of the country of destination, it may issue a phytosanitary certificate in a single copy in accordance with the model contained in part A of annex VI (, filling, except in respect of stamp and signature, in capital letters or machine, and in accordance with the following instructions: to) shall indicate the botanical name of plants in Latin characters.


(b) alterations or erasures not certified will invalidate the certificate.


(c) the possible copies of certificate shall only be issued with the indication or print or estampillada.


(d) the phytosanitary certificate will not be valid if it has been issued with more than fourteen days prior to the date on which the plants, plant products or other objects leave towards the country of destination.


2. whenever be missing one of the cases provided for in paragraph 3, vegetables, plant products and other objects which have been introduced into the national territory from a third country that are intended to be introduced in another third country equivalent phytosanitary requirements, which have not been exposed to any phytosanitary risk, will be dispensed re-visiting that complies with the above paragraph 1 If they are accompanied by a phytosanitary certificate from the country of origin.


3. when the plants, plant products or other objects from a third country suffered a fractionation, storage or a modification of the container and then intended to be introduced in another third country with equivalent phytosanitary requirements, it will not be necessary to proceed to a further examination that complies with the provisions of paragraph 1, if it is officially confirmed that these products have not run any phytosanitary risk that puts in doubt the observation of the conditions listed in paragraph 1.


4. in the cases provided for in the previous paragraphs 2 and 3 shall be issued a phytosanitary certificate for re-export in a single copy, in accordance with the model in part B of annex VI, and following the instructions referred to in paragraph 1 for the issue of a phytosanitary certificate.


The phytosanitary certificate from the country of origin or the certified copy thereof must be attached to the phytosanitary certificate for re-export.


Article 10. Phytosanitary inspection of plants, plant products and other objects coming from third countries.


1 for the introduction into the national territory of the plants, plant products or other objects listed in part B of annex V coming from third countries and without prejudice to the specific technical agreements that have been held in this regard between the European communities and any of the abovementioned third countries, shall meet the following requirements: to) such vegetables , plant products or other objects, such as containers, will be examined thoroughly and officially, in their entirety or on a representative sample and that, where necessary, examined about official rules and also thoroughly the vehicles transporting them to ensure, insofar as possible: 1. that those are not contaminated by the harmful organisms listed in part A of annex I.


2. in relation to the plants and plant products listed in part A of annex II, which are not contaminated by the harmful organisms affecting them and appearing in that part of the annex.


3. in regard to the plants, plant products or other objects listed in part A of annex IV, which fulfil the special requirements referred to in correspondence in that part of the annex.


(b) such plants, plant products or other objects shall be accompanied by a phytosanitary certificate containing the information according to the pattern defined in the annex to the International Convention for the protection of plants of 6 December 1951, amended on 21 November 1979 and without prejudice to the form of presentation, they will be issued by the services authorized for these purposes in the framework of the Convention for the protection of plants or , in the case of non-contracting countries on the basis of legislative or regulatory provisions of the country. These certificates will be drawn up at least in Spanish or English or French.


These phytosanitary certificates will have no validity if they had been issued with more than fourteen days before the date on which vegetables, veg etales products or other objects have left the country of dispatch.


2 in the case of shipments destined to a protected area, shall apply the provisions of paragraph a) of paragraph 1 relating to harmful organisms and to the particular requirements, respectively, listed in part B of annexes I, II and IV.


3. in the case of plants, plant products or other objects to apply the special requirements laid down in section I of part A of annex IV, the official phytosanitary certificate required in accordance with the provisions of 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 according to the special requirements of section I of part A of annex IV it is sufficient that it is stripped of its bark.


(b) in other cases, to the extent that the special requirements laid down in section I of part A of annex IV can fulfilled also at places other than the place of origin.


4 shipments from third countries, which do not declared to contain plants, plant products or other objects listed in part B of annex V, shall be officially controlled where there are serious grounds for believing that there has been a violation in this respect.


5 importers of plants, plant products or other objects to which required the phytosanitary official surveys provided for in article 6 shall be entered in an official register with a registration number that allows its identification.


6. inspections, insofar as it is documentary controls and identity, as well as controls on compliance with the provisions of article 4, shall carry out at the time of the first entry in the European communities, at the same time as the rest of the administrative formalities relating to import, including customs formalities.


7. the relationship of the points of entry into Spain for the plants, plant products or other objects, included in part B of annex V, are those in annex VII.


8. inspections, as in the case of plant-health checks, shall be carried out in the places where the inspections referred to are carried out in section 6 or a place close to these and will be considered an integral part of the formalities provided for in the previous paragraph.


However, in particular cases, the Ministry of agriculture, fisheries and food may establish that plant-health checks can be made at the place of destination are given specific guarantees with regard to the transport of the plants, plant products and other objects.


In addition, exceptions to the above provisions may be established only under the conditions laid down in the specific technical agreements that may be established in this regard between the European communities and certain third countries.


9. the provisions of paragraphs 1 and 3 of article 7 shall apply in the same way to the plants, plant products and other objects referred to in paragraph 1 of this article, provided that they are included in part A of annex V, where, on the basis of the inspections referred to in paragraph 9 of this article deemed that, accordingly, the conditions of paragraphs 1, 2, 3 or 4 are met.


10 when, on the basis of the inspections referred to in paragraph 9 of this article, be considered, correspondingly, is noncompliant with the conditions laid down in paragraphs 1 and 2, shall be immediately adopted one or more of the following measures: to) adequate treatment, if it is considered that, as a result of the treatment, the conditions are fulfilled.


(b) separation of infected/parasitized material from the rest of the shipment.


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


(d) rejection or approval of the shipping to a destination outside the European communities.


(e) destruction.


International conditions which, where appropriate, establish the Commission of the European communities, may be adopted in standards development of this section a: to) the conditions that must be taken or not one or more of the measures referred to.


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


Article 11. Responsible authorities and competences.



En_relacion_con the implementation and development of the present Royal Decree, as provided for in article 2, paragraph 1, g): 1. by the Ministry of agriculture, fisheries and food, through the direction General of health of the agricultural production, will be carried out the following tasks: to) the coordination at the national level, as well as contacts with the Commission of the European communities and phytosanitary authorities of the Member States.


(b) the implementation of activities relating to the implementation of articles 9 and 10.


(c) definition and enabling, for realization of phytosanitary controls, the entry-level positions of plants, plant products and other objects originating in or coming from third countries as well as those of exports to these countries.


2 corresponds to the competent bodies of the autonomous communities, in their respective territorial areas, carry out the following tasks: a) designation of the responsible official bodies, as defined in paragraph g) of paragraph 1 of article 2.


(b) the implementation of activities relating to the implementation of articles 6, 7 and 8.


Article 12. Plant health inspectors.


1. phytosanitary inspectors must have sufficient qualifications to carry out tests and checks provided for in the present Royal Decree and, where appropriate, must receive additional training through national and community training programmes.


2 the inspectors in the performance of their duties sufficiently accredited, they can: to) have access to the plants, plant products and other objects at any stage of production and marketing in different customs ports francs, local production, storage, processing, handling, storage and marketing.


(b) make any investigation requiring examinations and appropriate, including official controls that relate to records or annotations for the issuance of phytosanitary passports.


(c) take the necessary samples for examination or more detailed analysis in specialized centers.


(d) proceed to the preventive retention of plants, plant products or other objects that have established or suspected founded that they may constitute matters of infringement of the present Royal Decree, in accordance with the regulations and regulatory deadlines.


((e) declarations and the official measures such as those defined in paragraph i) of paragraph 1 of article 2.


Article 13. Inspection and control.


1. When plant protection of the Commission of the European communities experts duly accredited by the direction General of health of the production Agraria of the Ministry of agriculture, fisheries and food, made on the spot checks to ensure the correct and uniform of the present Royal Decree and Directive 77/93/EEC and its subsequent amendments, the competent bodies of the autonomous communities and the Ministry of agriculture Fishing and food, in the scope of their powers, will be provided the necessary assistance for the performance of their functions, to whose effects, representatives of this Department may accompany these experts.


2 controls them referred to in paragraph 1 may be carried out within the national territory for the following tasks: to) monitor the tests and inspections referred to in article 6 and paragraph 1 of article 10, respectively.


(b) carry out the inspections referred to in paragraph 1 of article 10 in cooperation with the Ministry of agriculture, fisheries and food, in the framework of the provisions laid down in paragraph 4.


3 with a view to the completion of the tasks listed in the previous section, the experts referred to in paragraph 1 may: to) visit nurseries, farms and other places where they are grown, produced, processed or stored the plants, plant products or other objects.


(b) visit the places where carried out the examinations referred to in article 6 or inspections referred to in article 12.


4 where the task consists in carrying out inspections under paragraph 1 of article 10, these inspections should be integrated into the inspection programme established and adhered to the rules of procedure established by the Ministry of agriculture, fisheries and food; However, in the case of an inspection joint, the Ministry of agriculture, fisheries and power may only allow the introduction in the European communities of a shipment if the national plant protection service and the Commission were in agreement. In the event of disagreement between the community expert and the national inspector, the Ministry of agriculture, fisheries and food shall adopt necessary precautionary measures temporary, pending a final decision.


Article 14. Exceptions to the phytosanitary quarantine.


En_la_medida_en_que not have to fear a spread of harmful organisms, the Ministry of agriculture, fisheries and food and the competent bodies of the autonomous communities, in their respective spheres of competence, may establish non-application: to) either generally or for particular cases as follows: 1. Article 10, paragraphs 1 and 2 of article 4 for the transit through the national territory of plants, plant products or other objects from third countries bound for another third country.


2. in articles 5, 6, 7, 9 and 10 in the case of objects forming part of a moving or small quantities of plants or plant products, as well as food and animal feed, when intended 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 paragraphs 2 and 3 of article 3, where the contamination of certain plants or plant products by certain harmful organisms is light, insofar as such harmful organisms already exist in the national territory and the European communities.


(c) in exceptional cases, and without prejudice to the procedure laid down in paragraph 2: 1. Articles 3, 5 and 10 for trials or scientific purposes and for work of varietal selection.


2 paragraphs 1 and 2 of article 5 and the third subparagraph of paragraph 1, a), article 10:-with respect to the requirements referred to paragraphs 1.5 and 6 of part A of annex IV.


(- With respect to the requirements referred to in paragraph 25.3 of part A of annex IV, for seed potatoes, always be required by an official check of which are native to regions where no sign of contamination has been observed by the viruses listed in paragraph 2 of paragraph d) of part A of annex I Since the beginning of the last period full of vegetation.


(d) may provide for derogations from articles 5, 6 and 7 in relation to the introduction of plants, plant products or other objects in another Member State where the latter waives the application of the conditions laid down in the articles mentioned by the Member State issuing.


Article 15. Phytosanitary measures of safeguard.


1. the competent bodies of the autonomous communities shall notify immediately to the Ministry of agriculture, fisheries and food, and this to the Commission of the European communities and others States members, through the corresponding runway, any presence in its territory of the harmful organisms listed in section I of part A of annex I or in section I of part A of annex II or any appearance , in a part of their territory, their presence was not known, of any of the harmful organisms listed in section II of part A of annex I in part B of annex I, section II of part A of annex II or in part B of annex II.


It shall take all necessary measures to eradicate or, if this is not possible, the isolation of the harmful organism in question. The Ministry of agriculture, fisheries and food shall report to the Commission and to the other States members of the measures taken.


2 following the same procedure in the previous section, the same will be notified to the Commission of the European communities and to the other States members, through the corresponding runway, the actual or suspected appearance of harmful organisms not listed in annex I or annex II, whose presence in the national territory is unknown so far.


The Ministry of agriculture, fisheries and food will inform, equally, to the Commission and to the other Member States the protection measures that have been taken or will be taken. These measures shall be of such a nature that eliminate any risk of spread within the territory of the European communities of the harmful organisms in question.


3. as regards consignments of plants, plant products or other objects from third countries and presenting an imminent danger of the introduction or spread of the bodies referred to in paragraphs 1 and 2, the Ministry of agriculture, fisheries and food immediately apply measures to protect this danger to the territory of the European communities , what will report to the Commission and to the other States members through the appropriate channel.



4. when the Ministry of agriculture, fisheries and food or the autonomous communities, in their respective areas of competence, they consider that there is an imminent phytosanitary danger other than that referred to in paragraph 3, Member, shall be notified immediately to the Commission of the European communities and to the other States through the corresponding runway, measures that would be taken. If it is estimated that these measures are not taken in a proper term to prevent the introduction or spread of a harmful organism in the national territory, interim provisions which deem necessary, until the Commission, where appropriate, adopt corresponding measures may be adopted.


First additional provision. Obligation to provide information.


Between the Ministry of agriculture, fisheries and food and the autonomous communities the precise mutual information channels will be established in order to facilitate the execution of the functions and activities in the field of their respective competencies.


Second additional provision. Basic character.


This Royal Decree is issued on the basis of article 149.1.10. and 13. of the Constitution.


Sole repeal provision. Repeal legislation.


They are hereby repealed many provisions of equal or lower rank are opposed to provisions in the present Royal Decree, and in particular to the following provisions: 1. Decree 1881 / 1971, of 15 July, on phytosanitary and technical management of the cultivation of citrus fruits.


2. Royal Decree 339/1987, of 6 March, concerning the phytosanitary control of plants and plant products in foreign trade regime.


3 ministerial order of 12 March 1987, which establishing phytosanitary regulations concerning import, export and transit of plants and plant products in application of Directive 77/93/EEC and its subsequent amendments.


4. ministerial order of 18 December 1990 on phytosanitary conditions to respect for the import of multiplication and planting citrus plant material.


First final provision. Schools of development.


It allows the Ministers of agriculture, fisheries and food and for trade and industry to issue, in the scope of their powers, the provisions necessary for the development and application of the present Royal Decree and, in particular, to adapt the annexes to the changes that are introduced on them by Community directives.


By the Ministry of agriculture, fisheries and food will be advertising the changes that are introduced in the annexes of the present Royal Decree by Community rules of direct effect.


Second final provision. Entry into force.


This Royal Decree shall enter into force the day of its publication in the.


Given in Madrid on November 26, 1993.


JUAN CARLOS R.





The Minister of the Presidency, ALFREDO Pérez RUBALCABA (annexes I to VI omitted) annex VII list of points of entry into the European Community for plants, plant products or other objects coming from third countries, pursuant to Directive 77/93/EEC in accordance with the provisions of Directive 77/93/EEC, then relate the points of entry into the European Community within the Spanish territory (except Canary Islands (, Ceuta and Melilla) to the plants, plant products or other objects listed in annex V, part B, from third countries: land Customs: No.


Maritime Customs: province of Alicante. Port: Alicante.


Province of Almería. Port: Almeria.


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


Province of Baleares. Port: Palma de Mallorca.


Province of Barcelona. Port: Barcelona.


Province of Cádiz. Port: Algeciras and Cadiz.


Province of Cantabria. Port: Santander.


Province of Castellón. Port: Castellon de la Plana.


Province of Girona. Port: Palamós.


Province of Guipúzcoa. Port: passages.


Province of Huelva. Port: Huelva.


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


Province of Malaga. Port: Malaga.


Province of Murcia. Port: Cartagena.


Province of Pontevedra. Ports: Marín and Vigo, Villagarcía de Arosa.


Province of Seville. Port: Seville.


Province of Tarragona. Port: Tarragona.


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


Province of Vizcaya. 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: Sevilla.


Province of Valencia. Airport: Valencia (Manises).

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