Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (repealed) (c. 29)

Article 11 U.K.

1. Where it is not considered, on the basis of the examination provided for in Article 6(1), (3) and (4) and carried out in accordance with Article 6(5), that the conditions in those paragraphs are fulfilled, a plant passport shall not be issued, without prejudice to paragraph 2 of this Article.

2. In the special cases where it is established, taking into account the nature of the findings made in the examination concerned, that part of the plants or plant products grown, produced or used by the producer or otherwise present on his premises, or part of the growing medium used there, cannot present any risk of spreading harmful organisms, paragraph 1 shall not apply to that part[F1 and a plant passport may be used].

3. To the extent that paragraph 1 applies, the plants, plant products or growing medium concerned shall be the subject of one or more of the following official measures:

• appropriate treatment, followed by the issue of the appropriate plant passport in accordance with Article 10 if it is considered that, as a result of the treatment, the conditions are fulfilled,

• a permit for movement, under official control, to zones where they do not present an additional risk,

• a permit for movement, under official control, to places for industrial processing,

• destruction.

[F2 In accordance with the procedure referred to in Article 18(2)], implementing provisions may be adopted concerning:

• the conditions under which one or more of the measures referred to in the first subparagraph must or must not be adopted,

• the particular features of and conditions for such measures.

4. To the extent that paragraph 1 applies, the activities of the producer shall be totally or partially suspended until it is established that the risk of spreading harmful organisms is eliminated. As long as this suspension lasts, Article 10 shall not apply.

5. Where it is considered, on the basis of the official examination carried out in accordance with Article 6(6), that products referred to therein are not free of the harmful organisms listed in Annexes I and II, paragraphs 2, 3 and 4 of this Article shall apply mutatis mutandis.

Textual Amendments

F1 Inserted by Council Directive 2002/89/EC of 28 November 2002 amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

F2 Substituted by Council Directive 2002/89/EC of 28 November 2002 amending Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.