Article 21
1
For the purpose of ensuring the correct and uniform application of this Directive, and without prejudice to checks carried out under the authority of the Member States, the Commission may organise checks to be carried out by experts under its authority in respect of the tasks listed in paragraph 3, on- or off-site, in accordance with the provisions of this Article.
Where such checks are carried out in a Member State, this must be done in cooperation with the official plant protection organisation of that Member State as specified in paragraphs 4 and 5 and in accordance with the procedures set out in paragraph 7.
2
The experts referred to in paragraph 1 may be:
- employed by the Commission,
- employed by Member States, and put at the disposal of the Commission on a temporary or ad hoc basis.
They shall have acquired, at least in one Member State, the qualifications required for persons in charge of carrying out and monitoring official plant health inspections.
3
The checks referred to in paragraph 1 may be carried out in respect of the following tasks:
- monitoring examinations pursuant to Article 6,
- carrying out the official checks pursuant to Article 12(3),
- monitoring or, within the framework of the provisions laid down in the fifth subparagraph of paragraph 5, carrying out in cooperation with the Member States inspections pursuant to Article 13(1),
- carrying out or monitoring the activities specified in the technical arrangements referred to in Article 13b(6),
- making the investigations referred to in Article 15(1), 15(2) and Article 16(3),
- monitoring activities required under the provisions establishing the conditions under which certain harmful organisms, plants, plant products or other objects may be introduced into, or moved within, the Community or certain protected zones thereof, for trial or scientific purposes or for work on varietal selection referred to in Articles 3(9), 4(5), 5(5) and 13b(4),
- monitoring activities required under authorisations granted pursuant to Article 15, under measures taken by Member States pursuant to Article 16(1) or (2), or under measures adopted pursuant to Article 16(3) or (5),
- assisting the Commission in the matters referred to in paragraph 6,
- carrying out any other duty assigned to the experts in the detailed rules referred to in paragraph 7.
4
For the purpose of the tasks listed in paragraph 3, the experts referred to in paragraph 1 may:
- visit nurseries, farms and other places where plants, plant products or other objects are or were grown, produced, processed or stored,
- visit places where examinations pursuant to Article 6 or inspections pursuant to Article 13 are carried out,
- consult officials of the official plant protection organisations of the Member States,
- accompany the Member States' national inspectors when they carry out activities for the purposes of applying this Directive.
5
Under the cooperation mentioned in paragraph 1, second subparagraph, the official plant protection organisation of that Member State shall be given sufficient advance notice of the task to permit the necessary arrangements to be made.
Member States shall take all reasonable steps to ensure that the objectives and effectiveness of inspections are not jeopardised. They shall ensure that the experts may carry out their tasks without hindrance, and shall take all reasonable steps to provide them, on their request, with the available necessary facilities, including laboratory equipment and laboratory staff. The Commission shall ensure refunding of expenses resulting from such requests, within the limits of appropriations available for that purpose in the general budget of the European Union.This provision shall not apply to expenses resulting from the following types of requests made on the occasion of the participation of the said experts in the Member States' import inspections: laboratory testing and sampling for visual inspection or for laboratory testing, and already covered by the fees referred to in Article 13d.
The experts shall, wherever national legislation so requires, be duly mandated by the official plant protection organisation of the Member State concerned and observe the rules and practices imposed on that Member State's officials.
Where the task consists of monitoring the examinations referred to in Article 6, monitoring the inspections referred to in Article 13(1), or making the investigations referred to in Article 15(1) and Article 16(3), no decision may be taken on-site. The experts shall report to the Commission on their activities and their findings.
Where the task consists of carrying out the inspections pursuant to Article 13(1), those inspections shall be integrated in an established inspection programme and the rules of procedure established by the Member State concerned shall be complied with; however, in the case of a joint inspection, the Member State concerned will only allow the introduction of a consignment into the Community if its plant protection organisation and the Commission are in agreement. In accordance with the procedure referred to in Article 18(2), this condition may be extended to other irrevocable requirements applied to consignments before introduction into the Community if experience shows such extension to be necessary. Should the Community expert and the national inspector fail to agree, the Member State concerned shall take any necessary temporary measures, pending a definitive decision.
In all cases, national provisions in respect of criminal proceedings and administrative penalties shall apply according to the normal procedures. Where the experts identify a suspected infringement of the provisions of this Directive, this shall be notified to the competent authorities of the Member State concerned.
6
The Commission shall:
- establish a network for the notification of new occurrences of harmful organisms,
- make recommendations for drawing up guidelines for the experts and for national inspectors in carrying out their activities.
To assist the Commission in this latter task, Member States shall notify the Commission of the current national inspection procedures in the plant health field.
7
The Commission shall adopt, in accordance with the procedure referred to in Article 18(2), detailed rules for the application of this Article, including those applicable to the cooperation mentioned in paragraph 1, second subparagraph.
8
The Commission shall report to the Council, no later than 31 December 1994, on the experience gained from the implementation of the provisions of this Article. The Council, acting by a qualified majority on a proposal from the Commission, shall take the necessary measures to amend these provisions, if appropriate, in the light of this experience.
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.
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.