DECISIONS  
COMMISSION DECISION  
of 7 July 2010  
amending Decision 2008/840/EC as regards emergency measures to prevent the introduction into 
the Union of  Anoplophora chinensis  (Forster)  
(notified under document C(2010) 4546)  
(2010/380/EU)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European 
Union,  
Having regard to Council Directive 2000/29/EC of 8 May 2000 
on protective measures against the introduction into the 
Community of organisms harmful to plants or plant products 
and against their spread within the Community (  1 ), and in 
particular the fourth sentence of Article 16(3) thereof,  
Whereas:  
(1) Commission Decision 2008/840/EC of 7 November 
2008 on emergency measures to prevent the intro ­
duction into and the spread within the Community of  
Anoplophora chinensis  (Forster) (  2 ) requires Member States 
to adopt measures to prevent the introduction and 
spread within the Union of  Anoplophora chinensis  
(Forster).  
(2) A mission carried out by the Commission in China from 
9 to 20 February 2009 showed that the application of 
the emergency measures provided for by Decision 
2008/840/EC was not fully satisfactory as regards the 
production and supervision of plants falling within the 
scope of that Decision, hereinafter ‘specified plants’.  
(3) The Commission contacted China on 3 July 2009 
explaining the conclusions drawn on the basis of that 
mission.  
(4) On 29 September 2009, China presented a series of 
measures which would improve the control of  
Anoplophora chinensis  (Forster) as regards the production 
of specified plants destined for export to the Union. In particular, China has conducted a procedure of regis ­
tration of the places of production for exports to the 
Union. It has restricted the number of places of 
production from which specified plants may be 
exported to the Union to places of production that had 
been registered by its national plant protection organi ­
sation as in compliance with point (1)(b) of Section I(B) 
of Annex I to Decision 2008/840/EC, as amended. This 
register was notified to the Commission on the same day. 
China further announced the adoption of measures in 
case  Anoplophora chinensis  (Forster) would be found at 
one of the registered places of production, including 
the removal of the place of production concerned from 
the register under certain circumstances. The 
Commission communicated the information received 
from China to the Member States.  
(5) On 23 December 2009, the Commission informed China 
of its expectations that findings of  Anoplophora chinensis  
(Forster) must lead to an automatic removal of the place 
of production concerned from the register.  
(6) No more findings concerning specified plants imported 
from China were reported until end of February 2010. 
However, the Netherlands reported on 1 and 3 March 
2010 findings of  Anoplophora chinensis  (Forster) on 
specified plants originating from two places of 
production included in the register.  
(7) On 25 March 2010, China communicated to the 
Commission that it has undertaken to keep the register 
that it communicated to the Commission on 
29 September 2009 up-to-date by, inter alia, promptly 
removing from the register the two mentioned places of 
production and to make the updated versions of the 
register available to the Commission.  
(8) It is necessary to adapt the measures provided for by 
Decision 2008/840/EC as regards imports of specified 
plants from China to take into account these devel ­
opments.EN L 174/46 Official Journal of the European Union 9.7.2010  
( 1 ) OJ L 169, 10.7.2000, p. 1.  
( 2 ) OJ L 300, 11.11.2008, p. 36.(9) As most of the interceptions on specified plants imported 
from China have been reported on plants of the species  
Acer  spp., it is appropriate to ban their import for two 
years taking into account the life cycle of the insect.  
(10) In addition to the requirements applicable to specified 
plants imported from third countries where  Anoplophora 
chinensis  (Forster) is present, specified plants originating 
in China should only be imported if they come from a 
place of production which is listed in the register of 
places of production in China established by the 
Chinese national plant protection organisation. Member 
States should be kept informed by the Commission of 
any update to this register by the Chinese authorities. 
Where a place of production is removed from the 
register by the Chinese authorities, specified plants 
grown at that place of production should not be 
imported into the Union for two years from the date 
when the Commission informs the Member States of 
that update.  
(11) Where the Commission has evidence that a place of 
production listed in the register no longer complies 
with point (1)(b) of Section I(B) of Annex I to Decision 
2008/840/EC or that  Anoplophora chinensis  (Forster) has 
been found on specified plants imported from such a 
place of production, it should communicate that 
information to the Member States. Following that 
communication specified plants originating from that 
place of production should not be imported into the 
Union for two years from the date when the 
Commission informs the Member States of the non- 
compliance, irrespective of the action taken by China 
to update the register.  
(12) It is necessary that a place of production situated in a 
pest free area in a third country, as referred to in point 
(1)(a) of Section I of Annex I to Decision 2008/840/EC 
as it stands, be registered and supervised by the national 
plant protection organisation of that country.  
(13) Taking into account the results of recent inspections of 
specified plants, carried out at the point of entry or at the 
place of destination, in accordance with point (2) of 
Section I of Annex I to Decision 2008/840/EC as it 
stands, it is also necessary that destructive sampling be 
part of the inspection in third countries immediately 
prior to export and of the inspection in accordance 
with the provisions referred to.  
(14) Decision 2008/840/EC should therefore be amended 
accordingly.  
(15) The measures provided for in this Decision are in 
accordance with the opinion of the Standing 
Committee on Plant Health,  HAS ADOPTED THIS DECISION:  
Article 1  
1. Article 2 of Decision 2008/840/EC is replaced by the 
following:  
‘Article 2  
Import of the specified plants from third countries 
except China  
As regards imports from third countries where  Anoplophora 
chinensis  (Forster) is known to be present, other than China, 
specified plants may only be introduced into the Union if 
they fulfil the following conditions:  
(a) they comply with the specific import requirements as set 
out in point (1) of Section I(A) of Annex I;  
(b) without prejudice to Article 13a(1) of Directive 
2000/29/EC, on entry into the Union they are 
inspected by the responsible official body in accordance 
with point (2) of Section I(A) of Annex I to this Decision 
for the presence of  Anoplophora chinensis  (Forster), and no 
signs of that organism have been found.  
Article 2a  
Import of the specified plants from China  
1. As regards imports from China, specified plants may 
only be introduced into the Union if they fulfil the 
following conditions:  
(a) they comply with the specific import requirements as set 
out in point (1) of Section I(B) of Annex I;  
(b) without prejudice to Article 13a(1) of Directive 
2000/29/EC, on entry into the Union they are 
inspected by the responsible official body in accordance 
with point (2) of Section I(B) of Annex I to this Decision 
for the presence of  Anoplophora chinensis  (Forster), and no 
signs of that organism have been found;  
(c) the place of production of those plants:  
(i) is designated by a unique registration number 
assigned by the national plant protection organi ­
sation of China;  
(ii) is included in the most recent version of the register 
communicated by the Commission to the Member 
States in accordance with paragraph 3;  
(iii) has not, within the previous two years, been the 
subject of a communication by the Commission to 
the Member States of the removal from the register 
in accordance with paragraph 3; andEN 9.7.2010 Official Journal of the European Union L 174/47(iv) has not, within the previous two years, been the 
subject of a communication by the Commission to 
the Member States as referred to in paragraph 4 or 5.  
2. However, plants of  Acer  spp. shall not be introduced 
into the Union until 30 April 2012.  
From 1 May 2012, paragraph 1 shall apply to plants of  Acer  
spp.  
3. The Commission shall communicate to the Member 
States the register of places of production in China which 
its national plant protection organisation has established as in 
compliance with point (1)(b) of Section I(B) of Annex I.  
Where that organisation updates the register by removing a 
place of production either because that organisation has 
found that the place of production no longer complies 
with point (1)(b) of Section I(B) of Annex I or because the 
Commission has informed China of evidence of the presence 
of Anoplophora chinensis  (Forster) at import of specified plants 
from one of those places of production, and China makes the 
updated version of the register available to the Commission, 
the Commission shall communicate the updated version of 
the register to the Member States through internet based 
information pages.  
Where that organisation updates the register by including a 
place of production because that organisation has found that 
the place of production complies with point (1)(b) of Section 
I(B) of Annex I and China makes the updated version of the 
register available to the Commission as well as the necessary 
explanatory information, the Commission shall communicate 
that updated version and, where appropriate, that explanatory 
information to the Member States through internet based 
information pages.  
Through internet based information pages, the Commission 
shall make the register and its updates available to the public.  4. Where during an inspection at a registered place of 
production, as set out in points (ii), (iii) and (iv) of point 
(1)(b) of Section I(B) of Annex I, the Chinese plant protection 
organisation finds evidence of the presence of  Anoplophora 
chinensis  (Forster) and the Commission is notified of that 
finding by China, the Commission shall immediately 
communicate that finding to the Member States through 
internet based information pages.  
Through internet based information pages, the Commission 
shall also make this information available to the public.  
5. Where the Commission has evidence from sources 
other than those referred to in paragraphs 3 and 4 that a 
place of production listed in the register does not comply 
with point (1)(b) of Section I(B) of Annex I or that  
Anoplophora chinensis  (Forster) has been found on specified 
plants imported from such a place of production, it shall 
communicate the information concerning that place of 
production to the Member States through internet based 
information pages.  
Through internet based information pages, the Commission 
shall also make this information available to the public.’  
2. Annex I to Decision 2008/840/EC is amended in 
accordance with the Annex to this Decision.  
Article 2  
This Decision is addressed to the Member States.  
Done at Brussels, 7 July 2010.  
For the Commission  
John DALLI  
Member of the CommissionEN L 174/48 Official Journal of the European Union 9.7.2010ANNEX  
Section I of Annex I to Decision 2008/840/EC is replaced by the following:  
‘I. Specific import requirements  
A —  Imports from third countries except China  
(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, other than China, 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”:  
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised 
by the national plant protection organisation in the country of origin and situated in a pest-free area established 
by that organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of 
the pest-free area shall be mentioned under the rubric “place of origin”; or  
(b) that 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 Phytos ­
anitary 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 at least 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 subjected to an official meticulous 
inspection, for the presence of  Anoplophora chinensis  (Forster), in particular in roots and stems of the plants. 
This inspection should include targeted destructive sampling. The size of the sample for inspection shall be as 
such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.  
(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 (*). Inspection methods 
applied shall ensure the detection of any signs of  Anoplophora chinensis  (Forster), in particular in roots and stems 
of the plants. This inspection should include targeted destructive sampling. The size of the sample for inspection shall 
be as such as to enable at least the detection of 1 % level of infestation with a level of confidence of 99 %.  
B —  Imports from China  
(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 China shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which 
states under the rubric “Additional Declaration”:  
(a) that the plants have been grown throughout their life in a place of production which is registered and supervised 
by the national plant protection organisation of China and situated in a pest-free area established by that 
organisation in accordance with relevant International Standards for Phytosanitary Measures. The name of the 
pest-free area shall be mentioned under the rubric “place of origin”; or  
(b) that 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 Phytos ­
anitary Measures:EN 9.7.2010 Official Journal of the European Union L 174/49(i) which is registered and supervised by the national plant protection organisation; and  
(ii) which has been subjected annually to at least 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 subjected to an official meticulous 
inspection, including targeted destructive sampling on each lot, for the presence of  Anoplophora chinensis  
(Forster), in particular in roots and stems of the plants;  
The size of the sample for inspection shall be such as to enable at least the detection of 1 % level of 
infestation with a level of confidence of 99 %.  
(c) the registration number of the place of production.  
(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 Directive 2004/103/EC. Inspection methods applied, including 
targeted destructive sampling on each lot, shall ensure the detection of any signs of  Anoplophora chinensis  (Forster), in 
particular in roots and stems of the plants. The size of the sample for inspection shall be such as to enable at least the 
detection of 1 % level of infestation with a level of confidence of 99 %.  
The destructive sampling referred to in the first paragraph shall be carried out at the level set out in the following 
table:  
Number of plants in the lot  Level of destructive sampling (number of plants to be cut)  
1 – 4 500  10 % of lot size  
> 4 500  450  
___________  
(*) OJ L 313, 12.10.2004, p. 16.’EN L 174/50 Official Journal of the European Union 9.7.2010