7. 4. 90 Official Journal of the European Communities No L 92/49 COUNCIL DIRECTIVE of 26 March 1990 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (90/168/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European - Economic Community, and in particular Article 43 thereof, Having regard to the proposal the Commission ") Having regard to the opinion of the European Parliament (%), Whereas, by Directive 77/93/EEC (%), as last amended by Directive 89/439/EEC (¥, the Council-laid down protec- tive. measures against the introduction into the Member States of organisms harmful to plants or plant products ; whereas the protection of plants against such organisms is absolutely necessary to increase agricultural productivity, which is one of the objectives of the common agricultural policy ; Whereas, at present, in addition to providing for checks by consignor Member States, Directive 77/93/EEC allows checks by Member States of destination ; whereas, in the interest of the free movement of plants and plant products within the Community, which is an element essential to agricultural productivity and contributes to the proper functioning of the common agricultural policy, these latter checks should be progressively reduced and-a better balance established; in the matter of -checks, between the consignor Member State and the Member State of destination, with greater responsibility being placed- on the former; whereas -Articie 11 of Directive 77/93/EEC should-be amended accordingly ; Whereas it has become necessary to improve the func- tioning of the safeguard clause provided for in Article 15 of Directive 77/93/EEC; whereas safeguard measures should normally be adopted by the Member State where the problem originates and the Commission should be informed of all events which requnre the adoption of safe- guard measures, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 77/93/EEC is hereby.amended as follows : 1. In.Article 11 (3), second subparagraph, ‘one-third’ is replaced by ‘a certain percentage’. 2. After Article 11 (3), second subparagraph, the following subparagraph is added : () OJ No C 117, 4. 5. 1988, p. 11. () O] No C 187, 18. 7. 1988, p. 213. \ () OJ No L 26, 31. 1. 1977, p. 29. () OJ No L 212, 22. 7. 1989, p. 106. “This percentage may be determined on the basis of the plant or plant product categories, in accordance with the procedure laid down in-Article 16a. It shall be lower than 33 % and shall be gradually reduced to reach zero by the time that Member States have brought into effect the new checking arrangements in compliance with the provisions intended for the completion of the internal market.’ 3. The following paragraph is inserted in -Article 11: ‘3a. The documentary checks referred to in para- graph 1 (a) and the identity checks referred to in para- graph 1 (€) shall be carried out only at the time and place at which customs or other administrative for- malities in connection with the movement of goods are completed. In accordance with the procedure laid down in Article 16a, it shall be decided what per- centage of consignments should be subject to occasi- onal documentary and identity checks by sampling, according to plant or plant product categories. This percentage shall be gradually reduced to reach zero by the time that Member States have brought into effect the new checking arrangements in compliance with- the -provisions intended for the completion of the internal market.’ 4. Article 15 (1) is replaced by the following: ‘1. (a) Each Member State shall immediately notify the Commission and the other Member States of the actual or suspected occurence of harmful orga- nisms not known hitherto to be present in its territory. It shall also inform the Commission and the other Member States of the protective measures which it has taken or intends to take. These measures must, inter alia, be such as to. prevent risk of the spread of the- harmful orga- nism concerned in the territory of the other Member States. (b) In respect of consignments of plants, plant products or other objects from third countries considered to involve an imminent danger of the introduction or spread of the harmful organisms referred to in (a), the Member State concerned shall immediately take the measures necessary to protect the territory of the Community from that danger and shall inform the Commission and the other Member States thereof.