Council Directive 2000/29/EC (repealed)Dangos y teitl llawn

Article 24 U.K.

1. In respect of the causes for the appearance of the harmful organism referred to in Article 22, the following shall apply:

The Commission shall verify whether the appearance of the harmful organism in the area concerned was caused by the movement into that area of one or more consignments carrying the harmful organism and shall identify the Member State or the successive Member States from which the consignment(s) came.

The Member State from which the consignment(s) carrying the harmful organism came, whether or not the same Member State as that referred to above, shall forthwith inform the Commission, at the latter's request, of all details relating to the origin or origins of the consignment(s) and the administrative handling involved, including the examinations, inspections and controls provided for in this Directive, in order to determine why that Member State failed to detect that the consignment(s) did not comply with the provisions of this Directive. It shall also inform the Commission, at its request, of the destination of all the other consignments sent from the same origin or origins during a specified period.

For the purpose of supplementing the information, investigations may be carried out on the Commissions's authority by the experts referred to in Article 21.

2. The information acquired pursuant to these provisions or those of Article 16(3) shall be examined in the Committee for the purposes of identifying any failings in the Community's plant health regulations or their implementation, and any measures that could be taken to remedy those failings.

The information referred to in paragraph 1 shall also be used to establish, in accordance with the Treaty, whether the Member State from which the consignment(s) came did not detect their non-compliance which resulted in the appearance of the harmful organism in the area concerned because that Member State failed to meet one of its obligations under the Treaty and under the provisions of this Directive relating in particular to the examinations laid down in Article 6 or the inspections laid down in Article 13(1).

3. Where the conclusions referred to in paragraph 2 is reached in respect of the Member State referred to in Article 23(1), the Community financial contribution shall not be allocated, or if already allocated shall not be paid or, if already paid, shall be refunded to the Community. In the latter case, the third subparagraph of Article 23(10) shall apply.

Where the conclusion referred to in paragraph 2 is reached in respect of another Member State, Community law shall apply, taking into account the second sentence of Article 23(7).

[F1 The amounts to be refunded under paragraph 3 shall be fixed in accordance with the procedure referred to in Article 18(2).]

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.