No L 184/34 Official Journal of the European Communities 3.8.95 COMMISSION DIRECTIVE 95/44/EC of 26 July 1995 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 95/4/EC (3, and in particular Articles 3 (7) (e), 4 (5), 5 (5) and 12 (3c), thereof, Whereas under 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 plants 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 under the same Directive, plants, plant products and other objets listed in its Annex III, may not be intro- duced 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 said Directive coming from third countries may not be introduced into the Community unless they comply with the standards and requirements laid down in the said Directive and are accompanied by an official phytosanitary certificate ensuring such com- pliance 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 (3¢) of the said Directive provide for those rules not to apply to the introduction and movement of such harmful () OJ No L 26, 31. 1. 1977, p. 20. () O] No L 44, 28. 2. 1995, p. 56. organisms, plants, plant products and other objects, for trial or scientific purposes and for work on varietal selec- tions, to certain conditions which shall be determined at Community level ; Whereas therefore, it is necessary to determine the condi- tions which must be satisfied in the case of such intro- ductions or movements, in order to ensure that there is no risk of harmful organisms spreading ; Whereas, however, the conditions for such introductions of potato breeding material have already been determined by Commission Decision 80/862/EEC (%), as last amended by Decision 91/22/EEC (*), and are therefore not affected by this Directive ; whereas furthermore, the conditions for such introductions of soil and growing medium origina- ting in third countries have also already been determined by Commission Decision 93/447/EEC (%), as amended by Decision 94/9/EC (%), and are therefore not affected by this Directive ; Whereas the conditions laid down for material under Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora ("), as last amended by Commis- sion Regulation (EC) No 558/95 (*), and under Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (°), as amended by Commission Directive 94/1S/EEC (*), and other more specific Community provisions regarding endangered species of wild fauna/EC and flora and genetically modified organisms, are not affected by this Directive ; Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health, S £y NSNS 282820238 No L 248, 19. 9. 1980, p. 25. No L 13, 18. 1. 1991, p. 21. No L 209, 20. 8. 1993, p. 32. No L 7, 11. 1. 1994, p. 15. No L No L No L N 384, 31. 12. 1982, p. 1. 57, 15. 3. 1995, p. 1. 117, 8. 5. 1990, p. 15. J No L 103, 22. 4. 1994, p. 20. s s s s s e i 22 ) O