Commission Directive 94/3/EC (repealed)Show full title

Article 1

For the purpose of this Directive, ‘interception’ shall mean any action taken or to be taken by a Member State pursuant to Article 12 (8) of Directive 77/93/EEC in respect of all or part of a consignment from a third country of plants, plant products or other objects, or of an organism harmful to plants or plant products, which does not meet the provisions of that Directive.

Article 2

1. Member States shall ensure that in the event of an interception, notification of interception is sent no later than two working days after the date of interception, except where a breach of Article 12 (1) (b) of Directive 77/93/EEC is committed, and preferably more rapidly in the case of an interception having involved a refusal, except where this is only a breach of Article 12 (1) (b) of that Directive, to the following:

• their own single central authority having responsibility,

• their own relevant responsible official bodies,

• their own points of entry in question,

• the single central authorities of the other Member States, without prejudice to the specific provisions of Article 4 of this Directive,

• the Commission.

2. The single central authority of the Member State having received notification of interception from another Member State ensure, immediately on receipt, that the information is sent to its own points of entry in question.

Article 3

Notification of interception shall be made on a form which conforms to the model shown in the Annex, duly completed in accordance with the recommendations in the guidelines for experts and national inspectors carrying out their activities under the second indent of Article 19 (a) (6) of Directive 77/93/EEC.

Article 4

Without prejudice to the fourth indent of Article 2 (1), and at the request of the Member State concerned, the Commission will take charge of dispatching the notifications of interception as the establishment of the network defined under the first indent of Article 19 (a) (6) of Directive 77/93/EEC progresses, by sending to the other Member States a form which conforms to that set out in the Annex of this Directive, duly completed.

Article 5

In order to fulfil the obligations related to this Directive, Member States shall preferably make use of the network set up by the Commission.

Article 6

At the request of the Member State concerned and within the limits of the network set up by the Commission, the Commission shall forward the notification of interception forms to the European and Mediterranean Plant Protection Organization, to which Member States are required to forward any information on interception, pursuant to the Convention for the establishment of that Organization. Consequently, the Commission shall send to that Organization a form which conforms to that set out in the Annex, duly completed, but omitting points 1, 2, 3, 15 (c) to (g) and 17 of the form.

Article 7

1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive three months after its publication in the Official Journal of the European Communities. They shall immediately inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2. Member States shall immediately communicate to the Commission all provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.

Article 8

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Communities.

Done at Brussels, 21 January 1994.

For the Commission

René Steichen

Member of the Commission