Commission Directive on the transport of certain harmful organisms, plants and plant products within the Community
On 26 July 1995, the European Commission adopted Commission Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects may be introduced into, or moved within the Community, or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections. This European Commission Directive extends the scope of control procedures applicable to products listed in Council Directive 77/93/EEC of 21 December 1976, which contains protective measures against the spread of harmful organisms within the Community. Directive 77/93 sets out standards and requirements for plants and plant products brought into the Community from third countries, and enforces compliance with these standards through the introduction of phytosanitary certificates and inspections. This new Directive extends the scope of these controls to cover the use of such products for trial or scientific purposes. In order to comply with the new Directive, Member States must, by 1 February 1996, introduce legislation to ensure that a detailed application is submitted to appropriate bodies prior to the introduction into, or movement of, potentially harmful organisms for scientific purposes. This application must include: - The name and address of the person responsible for the scientific activities; - A description of the materials used and any potentially harmful substances, specifying type, quantity and place of origin; - A description of the duration, nature and objectives of the proposed scientific studies; - The address and description of specific sites for quarantine containment, and testing, together with details of storage or planting sites after official release of the material; - A description of the proposed method of destruction or treatment of materials on completion of the proposed activities; - The proposed point of entry into the Community for material introduced from a third country. Member States then have the power to approve or oppose the introduction of these materials, whether they originate from within the Community or are introduced from a third country, provided they are accompanied by an official "letter of authority". A responsible national body must also ensure that the material is held under approved quarantine containment and is moved directly and immediately to the sites specified in the application. Before any such material can be officially released from quarantine, it must be tested by the responsible national body, or other approved body, and found to be free of all harmful organisms as listed in Annex III to this Directive. Also, any material remaining at the end of the approved activities which is found to be contaminated, must be destroyed, sterilized, or treated appropriately. The premises and facilities where these activities are carried out must also be sterilized and cleaned as necessary. Member States are required, before the first of September each year, to send an annual report to the Commission, listing the movements and quantities of materials covered by this Directive, together with details of any incidents of contamination.