31. 7. 97 Official Journal of the European Communities No L 204/43 COMMISSION DIRECTIVE 97/46/EC of 25 July 1997 amending Directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 77/93/EEC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the intro- duction into the Community of organisms harmful to plants or plant products and against their spread within the Community ('), as last amended by Commission Directive 97/14/EC (3, and in particular Articles 3 (7) (e), 4(5), 5(5) and 12(3c) thereof, Whereas pursuant to the provisions of Directive 77/93/EEC, harmful organisms listed in its Annexes I and II, whether singly or associated with the relevant plants or plant products listed in Annex II to the said Directive, may not be introduced into and spread by movement within the Community or certain protected zones thereof; Whereas pursuant to Directive 77/93/EC, plants, plant products and other objects listed in its Annex III, may not be introduced into the Community or into certain protected zones thereof; Whereas, also, plants, plant products and other objects listed in Annex IV to the said Directive, may not be introduced into or moved within the Community or certain protected zones thereof unless the relevant special requirements indicated in the said Annex are met; Whereas plants, plant products and other objects listed in Annex V Part B to the Directive 77/93/EC coming from third countries may not be introduced into the Com- munity unless they comply with the standards and re- quirements laid down in the said Directive and are ac- companied by an official phytosanitary certificate, ensur- ing such compliance, and are moreover inspected on an official basis for compliance with these provisions; Whereas, however, Articles 3 (7) (e), 4 (5), 5(5) and 12(3c) of the said Directive provide for those rules not to apply () OJ No L 26, 31. 1. 1977, p. 20. () O] No L 87, 2. 4. 1997, p. 17. to the introduction and movement of such harmful or- ganisms, plants, plant products and other objects, for trial or scientific purposes and for work on varietal selections, subject to certain conditions which shall be determined at Community level; Whereas Commission Directive 95/44/EC (%) laid down the conditions which must be satisfied in cases of such introductions or movements, in order to ensure that there is no risk of harmful organisms spreading; Whereas in the Member States there is a need to import plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting, for work on vari- etal selection, or for gene conservation or scientific research purposes; Whereas Commission Decision 80/862/EEC (*), as last amended by Decision 96/713/EC (%), laid down the condi- tions which must be satisfied in the case of introductions or movements of the said plants, in order to ensure that there is no risk of harmful organism spreading; Whereas Decision 80/862/EEC, as amended, expires on 31 December 1997 and it is therefore appropriate to incorporate the conditions laid down in that Decision into this Directive; Whereas it is necessary to determine the conditions which must be satisfied in the case of introductions or movements of the said plants, in order to ensure that there is no risk of harmful organism spreading; Whereas these conditions have to take into account new developments in the testing methods for diseases of potato and new information on organisms harmful to potato, for which a test is necessary in order to detect their presence; OJ No L 184, 3. 8. 1995, p. 34. O] No L 248, 19. 9. 1980, p. 25. O] No L 326, 17. 12. 1996, p. 70. () ) )