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Order Of 17 May 1993 Which Establishes The Normalization Of Phytosanitary Passports For The Movement Of Certain Plants, Plant Products And Other Objects Within The Community, And Establishing The P...

Original Language Title: Orden de 17 de mayo de 1993 por la que se establece la normalizaciĆ³n de los pasaportes fitosanitarios destinados a la circulaciĆ³n de determinados vegetales, productos vegetales y otros objetos dentro de la comunidad, y por la que se establecen los p...

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TEXT

Council Directive 77 /93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community Community, as amended inter alia by Council Directive 91 /683/EEC and last amended by Council Directive 93 /19/EEC, provides that certain plants, plant products and other objects must be accompanied by a movement within the Community of a plant passport to ensure compliance of the new Community plant health system within the internal area without frontiers in the European Community, replacing the existing international phytosanitary certificate.

On the other hand, Commission Directive 92/105/EEC of 3 December provides for the standardisation of plant passports as well as the procedures for the issue of such passports and the conditions and procedures replacement. Consequently, in view of the need to transpose the Directive into national law and to hear the Autonomous Communities.

In its virtue, I have:

Article 1.

The establishment of the conditions for standardisation, issue and replacement of the plant passport as determined in Article 10 of Council Directive 77 /93/EEC is the subject of this rule.

Art. 2. Responsible official bodies.

The official bodies responsible for the plant passport shall be:

The competent bodies of the Autonomous Communities in respect of producers, traders and stockists.

The General Subdirectorate of Plant Health of the Directorate-General for Health of Agricultural Production in respect of importers with only import activity.

Art. 3. Normalization.

The plant passport must meet the following conditions:

1) Consist:

On a label accepted by the responsible official body, in which the data provided for in Annex I of this Order shall be entered, or,

On a label and accompanying document also accepted by the responsible official body for which it shall be stated: On the label at least the data referred to in points 1 to 5 of Annex I and in the document accompanying the data referred to in points 1 to 10 of the same Annex.

The accompanying document may be any document used for commercial purposes.

2) The label must not have been previously used and shall be of adequate material and sufficiently resistant to the effects of moisture and other agents which may deteriorate it.

3. The information required in point 1 shall be printed, preferably printed, at least in the official language of the State and shall be made in indelible writing.

4. The accompanying document may indicate any other information other than those listed in Annex I, which are useful for labelling under Council Directives 91 /682/EEC, 92 /33/EEC and 92 /34/EEC, provided that they are clearly separate from the information provided for in Annex I.

Art. 4. Issue of the plant passport.

1. The issue of a plant passport includes, the establishment of a plant passport, the completion of the boxes relating to the required information and the formalities necessary for the plant passport to be used by the applicant.

The plant passport may not be extended more than 14 days prior to the date on which the plants, plant products and other objects are put into circulation, as provided for in Article 7.2 of the Directive 77 /93/EEC.

2. Producers, traders or importers, who have been registered in the Register referred to in Article 6 (4) of Council Directive 77 /93/EEC, intend to issue plant passports to accompany plants, plant products or other objects, or their packaging, or the vehicles transporting them, shall be required to apply (Annex II) to the responsible official body as defined in Article 2, accompanying a model of the label, or, where appropriate, a model of label and accompanying document, for acceptance by the responsible official body (establishment of the plant passport).

The application shall relate exclusively to plants, plant products or other objects, as well as to the territories to which such products are intended to be intended, as determined in the application.

Acceptance of the passport model will allow applicants to produce, print and store them.

3. The authorisation for the use of plant passports, in accordance with the model previously accepted, shall be produced once the plant protection requirements laid down in Council Directive 77 /93/EEC have been satisfied for the area to which the products are intended, once completed as indicated in the following point.

4. The information in the plant passport shall be completed by producers, traders or importers in capital letters, if the passport is printed, and in all other cases in capital letters or in capital letters. The botanical name of plants or plant products shall be written in Latin. Invalid amendments or scrapes will void the passport, and

If acceptance includes one or more protected areas as specified in Commission Directive 92/76/EEC, it shall be entered, indicating its name or code next to the 'ZP' flag (protected zone).

If plants, plant products or other objects are of non-Community origin, the name of the country of origin or, where applicable, that of the country of dispatch shall be entered in the appropriate box.

5. Under the responsibility of the producer, trader or importer, the part of the plant passport consisting of a label shall accompany plants, plant products or other objects or vehicles which transport them in such a way as to can be reused.

6. Where the accompanying document includes other data than those listed in Annex I, referred to in Article 2 (4), they shall be authorised by the competent body concerned.

Art. 5. Replacement passport.

For the replacement of one plant passport by another, which may only be carried out in the case of division of consignments, combination of several consignments or modification of the plant health status, the same shall be followed. the procedure laid down in the previous Article, at the request of a natural or legal person previously registered in the Register.

In this case, in addition to the requirements set out in point 4 of the previous article, the replacement passport must include the code of the producer or importer (country name or code, plus name or code of the Agency). responsible officer, plus registration number) of the replaced passports, next to the "RP" flag (replacement passport) indicating that this passport replaces another.

Art. 6.

The responsible official bodies shall take the necessary measures to comply with the provisions of this provision.

FINAL DISPOSITION

This provision will enter into force on 1 June 1993.

Madrid, May 17, 1993.

SOLBES MIRA

Ilmo. Mr Director-General for Health in Agricultural Production.

ANNEX I

Required information

1. 'EEC phytosanitary passport'.

2. Name or code of the Member State of the European Community.

3. Name or code of the responsible official body.

4. Registration number.

5. Individual serial, week, or batch number.

6. Latin name.

7. Quantity.

8. 'ZP' flag corresponding to the territorial validity of the passport and, where applicable, the name of the area or protected areas for which the product is authorised.

9. The different "RP", in case the passport replaces another and, where applicable, the code of the producer or importer registered in the first place.

10. Where appropriate, the name of the country of origin or country of origin of the products, where it is not a member of the Community.

ANNEX II

Plant Passport Request Model

Don .................................. responsible for the Company registered in the Register of Producers, Traders and Vegetable Importers of (the Autonomous Community/the General Subdirectorate of Plant Health) of ...................., with the number .......................

REQUESTS:

Authorization to issue plant passports, in accordance with the model which is annexed, valid for the territories of the Community indicated and accompanying the plants, plant products or other objects which are related:

Plants, plant products, or other objects

EEC Territory, except protected zones

....................... to .................... of ...................................... of ..................

The Enterprise Officer enrolled in the Registry,

Responsible Official Body: