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            COMMISSION DECISION         

of 29 April 2005         

providing for a derogation from certain provisions of Council Directive 2000/29/EC as regards oak (Quercus L.) logs with bark attached, originating in the United States of America

(notified under document number C(2005) 1298)

(2005/359/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 the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 15(1) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Article 5(1) of Directive 2000/29/EC and from the third indent of Article 13(1)(i) of that Directive with regard to Annex IV(A)(I)(3) to that Directive, Member States shall be authorised, with effect from 1 January 2005, to permit the introduction into their territory of oak (Quercus L.) logs with bark attached, originating in the United States of America (hereinafter the logs), if the conditions provided for in Articles 2 to 7 are complied with.

Article 2

1.   In order to benefit from this exemption the logs must have been fumigated and identified as set out in Annex I.

2.   Member States may exempt fumigated logs from the requirements provided for in Articles 5(1) as regards wet storage, 5(2) and 6(2).

Article 3

1.   The logs shall only be unloaded in ports listed in Annex II.

2.   Upon request by the Member State concerned, the list of ports of unloading in Annex II may be amended by the Commission, after consultation with the other Member States.

Article 4

1.   The inspections required pursuant to Article 13 of Directive 2000/29/EC shall be made by officials specially instructed or trained for the purposes of this Decision with the assistance of the experts referred to in Article 21 of Directive 2000/29/EC under the procedure laid down therein, either in the ports listed in Annex II or at the first place of storage referred to in Article 5.

If the port of unloading and the first place of storage are located in different Member States, those Member States shall make arrangements covering the place where the inspections are to be carried out, and the exchange of information about the arrival and storage of the consignments.

2.   The inspections shall include the following:

3.   If the inspections do not show that the consignment fully complies with the conditions provided for in Article 2(1), the whole consignment shall be rejected and removed from the Community.

The Commission and the responsible official bodies of all other Member States shall immediately be informed of the details of the consignment concerned.

Article 5

1.   The logs shall only be stored in places which have been notified to and approved by the responsible official bodies of the Member State concerned and which have appropriate wet storage facilities, available for the period provided for in paragraph 2.

2.   The logs shall be kept in continuous wet storage, starting at the latest at the time of flushing in the neighbouring oak stands.

3.   Neighbouring oak stands shall regularly be inspected for symptoms of Ceratocystis fagacearum (Bretz) Hunt at appropriate intervals by the responsible official bodies.

If symptoms which may have been caused by Ceratocystis fagacearum (Bretz) Hunt are found, further official testing shall be carried out in accordance with appropriate methods to confirm whether or not the fungus is present.

If the presence of Ceratocystis fagacearum (Bretz) Hunt is confirmed, the Commission shall immediately be informed.

Article 6

1.   The logs shall only be processed at plants which have been notified to and approved by the said responsible official bodies.

2.   The bark and other waste arising from processing shall immediately be destroyed at the place of processing.

Article 7

1.   Prior to importation, the importer shall notify each consignment sufficiently in advance to the responsible official bodies of the Member State of the envisaged first place of storage, providing the following information:

2.   When an importer notifies the intended import of a consignment as referred to in paragraph 1 he or she shall be informed by the responsible official body, prior to import, of the conditions provided for in this Decision.

3.   Copies of the information provided for in paragraphs 1 and 2 shall be conveyed by the responsible official body of the Member State concerned to the competent authority of the port of unloading.

Article 8

1.   Member States may exempt logs of Quercus L. species belonging to the white oak group from the fumigation provided for in Article 2(1), if the following conditions are satisfied:

By way of derogation from point (c), the plant protection organisation of the Member State of storage may permit consignments to be unloaded and put into wet storage after 30 April of the following year, as provided for in that point, if their arrival at the port of unloading has been unforeseeably delayed.

2.   Paragraph 1 shall not apply to Greece, Spain, Italy, Cyprus, Malta and Portugal.

Article 9

Member States shall communicate to the Commission and the other Member States the text of the provisions which they adopt under the authorisation provided for in Article 1.

Article 10

Member States which have made use of the derogation provided for in this Decision shall report to the Commission on its operation by 30 June 2007. The report shall include details of the quantities imported.

Where appropriate a similar report shall be provided by 30 June 2009.

Article 11

This Decision shall expire on 31 December 2010.

Article 12

This Decision is addressed to the Member States.

Done at Brussels, 29 April 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

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ANNEX I

CONDITIONS ON FUMIGATION AND RELATED IDENTIFICATION REFERRED TO IN ARTICLE 2.1

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ANNEX II

PORTS OF UNLOADING

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ANNEX III

FUMIGATION COLOUR REACTION TEST

The fumigation colour reaction test referred to in Article 4(2)(c) shall be performed as follows:

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ANNEX IV

WHITE OAK LOG IDENTIFICATION

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