13. 10. 90 Official Journal of the European Communities No L 282/67 NINTH COMMISSION DIRECTIVE of 26 September 1990 amending Annex IV to Council Directive 77/93/CEE on protective measures against the introduction into the Member States of organisms harmful to plants or plant products ) -~ (90/506/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (), as last amended by Commission Directive 90/490/EEC (), and in particular Article 13, second paragraph, fourth indent thereof, Whereas the provisions on protective measures against harmful organisms such as Amanromyza and Liriomyza should be improved, and in particular adapted to the present distribution of such organisms; Whereas theréfore the relevant Annex of Directive 77/93/EEC should be amended accordingly ; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS DIRECTIVE: Article 1 In Annex IV, part A to Directive 77/93/EEC, points 33 a and 33 b are replaced by the following : ' . ‘33 a. Plants of Apium  graveolens, | Official statement that: Brassica, — Capsicum annuum, | __ either no signs of any of the relevant Chrysantbemum, C_ucumzs, harmful  organisms . have been Dendranthema, , Dianthus observed at the place of production Ge(bera, Gypsophila,  Lactuca on official inspections carried out at sativa, Leucanthemum, least monthly during the three Lycopersicon esculentym, .?'olanum months prior to harvesting, melongena, Tanacetum, intended , for planting, other than seeds, ?r . originating in a Member State or in | — immediately prior to export the plants those third countries where it has been ascertained, in accordance with the procedure laid down in Article 16, that: — amauromyza maculosa, — Liriomyza huidobrensis, — Liriomyza sativae, — Liriomyza trifolii are not known to occur. 33 b. 'Plants of species covered by 33 a for planting, other than seeds, originating in American countries or in any other third country not covered by 33a. () OJ No L 26, 31. 1. 1977, p. 20. () OJ No L 271, 3. 10. 1990, p. 28. have been inspected and found free from signs of the relevant harmful organisms and have been subjected to an appropriate treatment aimed at eradicating the relevant harmful organisms. Official statement that no Amauromyza  maculosa,  Liriomyza buidobrensis, Liriomyza sativae or Liriomyza trifolii have been observed at the place of production, on -official inspections carried out at least monthly during the three months prior to signs of harvesting.