No L 212/106 Official Journal of the European Communities COUNCIL DIRECTIVE of 26 June 1989 amending Directive 77/93/EEC on protective measures against the introduction into the Member States of organisms harmful to plants or plant products (89/439/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 from the Commission (1), Having regard to - the opinion of the European Parliament (?), Whereas by Directive 77/93/EEC (3), as last amended by Directive 89/359/EEC (*), the Council laid down protective 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- the plant health laws applicable to the French overseas departments have not been harmonized in accordance with Directive 77/93/EEC; whereas, given the importance of their trade in plant and plant products with the remainder of the Community, it is now desirable to apply the provisions of that Directive to them; whereas in view of the special nature of the agricultural production of ‘the French overseas departments it is appropriate to provide for additional protective measures justified on grounds of the protection of health and life of plants therein; whereas the provisions of Directive 77/93/EEC should also be extended . to protective measures against the introduction of harmful organisms into the French overseas departments from other parts of France; Whereas it has become necessary to clarify the requirement in Article 9 (1) of Directive- 77/93/EEC that the official phytosanitary certificate required under Article 7 of the Directive must be issued in the country of origin of the plants, plant  products or other objects concerned; whereas it appears appropriate to -define. the exceptions to this requirement in a more general manner so that Article 9 (1) need to be amended whenever a relevant amendment is made by the Commission to Annex IV;.. Whereasit is appropriate to provide in certain cases that the official inspection of plants, plant products and other objects coming from third countries, provided for in Article 12 (1) of the said Directive, should be carried out by the Commission in the third country of origin; ’ (1) 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. 20. (*) OJ No L 153, 6. 6. 1989, p. 28. Whereas it has become necessary to improve the functioning of the safeguard clause provided for in Article 15 of that Directive with a view to allowing more rapid, more comprehensive and more effective Community action in cases where that clause is. used; whereas the Commission should have broader powers in connection with the adoption of safeguard measures by Member States; Whereas the measures taken with a view to the progressive reduction of checks by Member States of destination will necessitate a strengthening of the checks carried out. by consignor Member States; whereas it therefore appears necessary to reinforce Community plant health régime, with a view to improving the productivity of agriculture and achieving ‘the single market by the end of 1992, but in - particular with a view to increasing confidence in all plant health checks carried out on plant products intended for marketing within the Community; Whereas these reinforced Community inspections must be made by experts employed by the Commission, and also by experts employed by Member States, whose services are made available to the. Commission; Whereas the role of these. experts should be defined in connection with the activities required under the Community plant health régime, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 77/93/EEC is hereby amended as follows: 1. Article 1 is amended as follows: (a) in paragraph- 2, ‘to the French overseas departments, nor’ is deleted; (b) the following paragraphs are added: ‘3. This Directive shall also concern protective measures against the introduction of harmful organisms into the French overseas departments from other parts of France and, conversely, into other parts of France from the French overseas departments. 4.  Without prejudice to the conditions to be established for the protection of the plant health situation existing in certain regions in the