II
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)
DECISIONS
COMMISSION
COMMISSION DECISION
of 7 November 2008
on emergency measures to prevent the introduction into and the spread within the Community of
Anoplophora chinensis (Forster)
(notified under document number C(2008) 6631)
(2008/840/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against the introduction into theCommunity of organisms harmful to plants or plant productsand against their spread within the Community (
1), and in
particular the third sentence of Article 16(3) thereof,
Whereas:
(1) In Section I of Part A of Annex I to Directive
2000/29/EC, Anoplophora malasiaca (Forster) and
Anoplophora chinensis (Thomson) are listed. Recent
studies have found that those two denominations coverin fact one single species of harmful organism. For thepurposes of this Decision it is therefore appropriate touse the single revised scientific denomination Anoplophora
chinensis (Forster) to designate what is listed in that
Annex as Anoplophora malasiaca (Forster) and Anoplophora
chinensis (Thomson).
(2) Under Directive 2000/29/EC, where a Member State
considers that there is a danger of introduction into orspread within its territory of a harmful organism whetheror not listed in Annexes I or II to that Directive, it maytemporarily take any additional measures necessary toprotect itself from that danger.(3) As a result of the presence of Anoplophora chinensis
(Forster) on various host plants in the region ofLombardy, Italy informed the Commission and theother Member States on 23 November 2007 that ithad adopted additional measures on 9 November 2007to prevent the further introduction into and spreadwithin its territory of that organism.
(4) As a result of findings of Anoplophora chinensis (Forster)
on various host plants in the Netherlands, theCommission and other Member States were informedon 21 January 2008 of the measures taken to eradicatethat organism in the Netherlands.
(5) Anoplophora chinensis (Forster) has been recently inter­
cepted on many consignments of plants for planting ofAcer spp. originating in third countries. At present, there
are no special requirements in relation to this harmfulorganism for plants of Acer spp., nor for other plants
which are amongst the most susceptible hosts plants,
originating in third countries or in the Community.
(6) A pest risk analysis on Anoplophora chinensis (Forster) was
released in 2008 by the Netherlands, which concluded
that there is a very high probability of establishment ofthe organism in the Community and a high potential ofeconomic damage to several host plants.
(7) It is therefore necessary to take emergency measuresagainst the introduction into and spread within theCommunity of Anoplophora chinensis (Forster). The
measures should apply to a list of plants of any origin,the ‘specified plants ’, known to be hosts of Anoplophora
chinensis (Forster) and which present the highest risk of
being infested.EN L 300/36 Official Journal of the European Union 11.11.2008
(1) OJ L 169, 10.7.2000, p. 1.(8) Measures should be defined for the import of the
specified plants as regards their production in thirdcountries and inspections at entry into the Community.Measures should also be defined for the production,movement and control of the specified plants originatingin areas in the Community where the presence ofAnoplophora chinensis (Forster) is confirmed.
(9) Detailed measures should be laid down in areas in the
Community where the presence of Anoplophora chinensis
(Forster) is confirmed, i.e. the infested zones. In thosezones, appropriate measures to eradicate the organismand intensive monitoring of its presence should beapplied. In the areas surrounding such areas, i.e. thebuffer zones, intensive monitoring for the presence ofthe organism should take place. In case of the firstdetection of the organism in an area in theCommunity, the size of the relevant buffer zone might
be reduced to reflect better the more limited risk of
spreading.
(10) A survey to check for the presence or continued absenceofAnoplophora chinensis (Forster) should be carried out on
host plants in all Member States.
(11) It is appropriate that the measures be reviewed by31 May 2009 taking into account the availability, afterone growing season, of the results of the official surveysand examinations by Member States of specified plantsimported and being moved within the Community underthe emergency measures.
(12) Member States should, if necessary, adapt their legislationin order to comply with this Decision.
(13) The measures provided for in this Decision are inaccordance with the opinion of the StandingCommittee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purpose of this Decision, the following definitions shall
apply:
(a)‘specified plants ’means plants for planting, other than seeds,
ofAcer spp., Aesculus hippocastanum, Alnus spp., Betula spp.,
Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus
spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus
spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp.;(b)‘place of production ’means the place of production as
defined in the FAO International Standard for PhytosanitaryMeasures No 5 (
1).
Article 2
Import of the specified plants
Specified plants imported from third countries where
Anoplophora chinensis (Forster) is known to be present, may
only be introduced into the Community if:
(a) they comply with the specific import requirements in point
(1) of Section I of Annex I;
(b) without prejudice to Article 13a(1) of Directive
2000/29/EC, on entry into the Community they areinspected by the responsible official body in accordancewith point (2) of Section I of Annex I to this Decisionfor the presence of Anoplophora chinensis (Forster), and no
signs of that organism have been found.
Article 3
Movement of specified plants within the Community
Specified plants originating in demarcated areas within the
Community established in accordance with Article 5 may bemoved within the Community only if they meet the conditionsset out in point (1) of Section II of Annex I.
Specified plants imported in accordance with Article 2 from
third countries where Anoplophora chinensis (Forster) is known
to be present, may be moved within the Community only ifthey meet the conditions set out in point (2) of Section II ofAnnex I.
Article 4
Surveys
Member States shall conduct official annual surveys for the
presence of Anoplophora chinensis (Forster) and for the
evidence of infestation by that organism on host plants intheir territory.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the
results of those surveys, together with the list and delimitationof demarcated areas referred to in Article 5 of this Decision,shall be notified to the Commission and to the other MemberStates by 30 April of each year.EN 11.11.2008 Official Journal of the European Union L 300/37
(1) Glossary of Phytosanitary Terms —Reference Standard ISPM No 5
by the Secretariat of the International Plant Protection Convention,Rome.Article 5
Demarcated areas
When the results of the surveys referred to in Article 4 confirm
the presence of Anoplophora chinensis (Forster) in an area, or
there is evidence of the presence of that organism by othermeans, Member States shall define demarcated areas, whichshall consist of infested zone and of buffer zone, in accordancewith Section 1 of Annex II.
The Member States shall take official measures in the
demarcated areas as laid down in Section 2 of Annex II.
Article 6
Compliance
Member States shall take all measures to comply with this
Decision and, if necessary, amend the measures which theyhave adopted to protect themselves against the introductionand spread of Anoplophora chinensis (Forster) in such a mannerthat those measures comply with this Decision. They shall im­
mediately inform the Commission of those measures.
Article 7
Review
This Decision shall be reviewed by 31 May 2009 at the latest.
Article 8
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 7 November 2008.
For the Commission
Androulla VASSILIOU
Member of the CommissionEN L 300/38 Official Journal of the European Union 11.11.2008ANNEX I
EMERGENCY MEASURES REFERRED TO IN ARTICLES 2 AND 3
I.Specific import requirements
(1) Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18,
19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified
plants originating in third countries where Anoplophora chinensis (Forster) is known to be present shall be accompanied
by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration ’
that:
(a) the plants have been grown throughout their life in a place of production situated in a pest-free area established
by the national plant protection organisation in the country of origin in accordance with relevant InternationalStandards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place
of origin ’;o r
(b) the plants have been grown, during a period of at least two years prior to export, in a place of production
established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosa­
nitary Measures:
(i) which is registered and supervised by the national plant protection organisation in the country of origin; and
(ii) which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster)
carried out at appropriate times and no signs of the organism have been found; and
(iii) where the plants have been grown in a site:
—with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius
of at least two km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are
carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found,
eradication measures are immediately taken to restore the pest freedom of the buffer zone; and
(iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous
inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants.
Where appropriate, this inspection should include destructive sampling.
(2) Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the
place of destination established in accordance with Commission Directive 2004/103/EC (
1). Inspection methods
applied shall ensure the detection of any signs of Anoplophora chinensis (Forster), in particular in roots and stems
of the plants. Where appropriate, this inspection should include destructive sampling.
II.Conditions for movement
(1) Specified plants originating in demarcated areas within the Community may be moved within the Community only if
they are accompanied by a plant passport prepared and issued in accordance with Commission Directive
92/105/EEC (2) and have been grown during a period of at least two years prior to movement in a place of
production:
(i) which is registered according to Commission Directive 92/90/EEC (3); and
(ii) which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis
(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this
inspection should include destructive sampling; andEN 11.11.2008 Official Journal of the European Union L 300/39
(1) OJ L 313, 12.10.2004, p. 16.
(2) OJ L 4, 8.1.1993, p. 22.
(3) OJ L 344, 26.11.1992, p. 38.(iii) where the plants were placed in a site:
—with complete physical protection against the introduction of Anoplophora chinensis (Forster); or
—with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at
least two km beyond the boundary of the infested zone where official surveys for the presence or signs of
Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora
chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the
buffer zone.
(2) Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present in
accordance with Section I may be moved within the Community only if they are accompanied by the plantpassport referred to in point (1).EN L 300/40 Official Journal of the European Union 11.11.2008ANNEX II
EMERGENCY MEASURES REFERRED TO IN ARTICLE 5
1.Establishment of demarcated areas
(a) The demarcated areas referred to in Article 5 shall consist of the following parts:
(i) an infested zone which is the zone where the presence of Anoplophora chinensis (Forster) has been confirmed,
and which includes all plants showing symptoms caused by Anoplophora chinensis (Forster) and, where appro­
priate, all plants belonging to the same lot at the time of planting,
(ii) a buffer zone with a radius of at least two km beyond the boundary of the infested zone.
(b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology
ofAnoplophora chinensis (Forster), the level of infestation, the particular distribution of the specified plants in the
area concerned and evidence of establishment of the harmful organism. In case of the first detection of theorganism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not
less than one km beyond the boundary of the infested zone.
(c) If the presence of Anoplophora chinensis (Forster) is confirmed outside the infested zone, the delimitation of the
demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest
freedom of the buffer zone.
(d) If, based on the annual surveys referred to in point 2(b), Anoplophora chinensis (Forster) is not detected in a
demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred toin point 2 shall no longer apply.
2.Measures in demarcated areas
The official measures referred to in Article 5 to be taken in the demarcated areas, shall include at least the following:
(a) in the infested zone, appropriate measures aiming at eradicating Anoplophora chinensis (Forster), including the felling
and destruction of infested plants and plants with signs of Anoplophora chinensis (Forster), including the roots,
annually before 30 April;
(b) in the infested zone and the buffer zone, intensive monitoring for the presence of Anoplophora chinensis (Forster) by
inspections carried out annually on host plants of the organism at appropriate times.EN 11.11.2008 Official Journal of the European Union L 300/41