# Commission Implementing Decision of 18 February 2013 on the supervision, plant health checks and measures to be taken on wood            packaging material actually in use in the transport of specified commodities originating in China (notified under document            C(2013) 789) (2013/92/EU) (repealed)         

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U.K.

# Commission Implementing Decision

# of 18 February 2013

# on the supervision, plant health checks and measures to be taken on wood packaging material actually in use in the transport                        of specified commodities originating in China                     

# (notified under document C(2013) 789)

# (2013/92/EU) (repealed)

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 third sentence of Article 16(3) thereof,                        

Whereas:

(1)Wood packaging material actually in use in the transport of objects of all kinds to the Union is to comply with points (2)                              and (8) of Section I of Part A of Annex IV to Directive 2000/29/EC.

(2)Recent plant health checks by Member States have shown that wood packaging material used in the transport of certain commodities                              originating in China was contaminated by harmful organisms, in particular by *Anoplophora glabripennis* (Motschulsky), causing outbreaks of those organisms in Germany, France, Italy, the Netherlands, Austria and the United Kingdom.

(3)Therefore the wood packaging material of those commodities should be subject to the supervision referred to in Article 13(1)                              of Directive 2000/29/EC, to the plant health checks referred to in Article 13a(1)(b)(iii) of that Directive and, where appropriate,                              to the measures referred to in Article 13c(7) of that Directive. The results of those plant health checks should be notified                              to the Commission.

(4)On the basis of the results notified to the Commission, a review should be carried out by 31 May 2014 to evaluate the efficacy                              of this Decision and to assess the phytosanitary import risks to the Union of wood packaging material used in the transport                              of certain commodities originating in China.

(5)This Decision should apply until 31 March 2015.

(6)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 1U.K.Definitions

For the purpose of this decision, the following definitions shall apply:

‘wood packaging material’ means wood or wood products used in supporting, protecting or carrying a commodity, in the form                              of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars and                              dunnage, actually in use in the transport of objects of all kinds; processed wood produced by glue, heat or pressure or a                              combination thereof and packaging material entirely composed of wood of 6 mm of thickness or less are excluded;                           

‘specified commodities’ means commodities originating in China imported into the Union using the Combined Nomenclature codes                              listed in Annex I and meeting the descriptions laid down in Annex I to Council Regulation (EEC) No 2658/87(2);                           

‘consignment’ means a quantity of goods being covered by a single document required for customs formalities or for other formalities.

## Article 2U.K.Supervision

1.The wood packaging material of each consignment of the specified commodities shall be subject to customs supervision pursuant                        to Article 37(1) of Council Regulation (EEC) No 2913/92(3) and to supervision by the responsible official bodies as referred to in Article 13(1) of Directive 2000/29/EC. Specified                        commodities may only be placed under one of the customs procedures as specified in Article 4(16)(a), (d), (e), (f) and (g)                        of Regulation (EEC) No 2913/92, if the formalities as specified in Article 3 have been completed.                  

2.The responsible official bodies may require that airport authorities, harbour authorities or either importers or operators,                        as arranged between them, give, as soon as they are aware of the imminent arrival of the specified commodities, advance notice                        thereof to the customs office of the point of entry and to the official body of the point of entry.                  

## Article 3U.K.Plant health checks

[F1The wood packaging material of consignments of the specified commodities shall be subject to the plant health checks provided                        for in Article 13a(1)(b)(iii) of Directive 2000/29/EC at the minimum frequencies set out in Annex I to this Decision to confirm                        that the wood packaging material meets the requirements laid down in point (2) of Section I of Part A of Annex IV to Directive                        2000/29/EC.]                   

Plant health checks shall take place at the point of entry into the Union or the place of destination established in accordance                     with Commission Directive 2004/103/EC(4) which shall apply *mutatis mutandis*.                  

Textual Amendments

F1Substituted by Commission Implementing Decision (EU) 2015/474 of 18 March 2015 amending Implementing Decision 2013/92/EU on the supervision,                                 plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities                                 originating in China (notified under document C(2015) 1684).

## [F1Article 4U.K.Measures in case of non-compliance

Where the plant health checks referred to in Article 3 show that point (2) of Section I of Part A of Annex IV to Directive                        2000/29/EC is not complied with or that the wood packaging material is contaminated by harmful organisms listed in Part A                        of Annex I to that Directive, the Member State concerned shall immediately subject the non-compliant wood packaging material                        to one of the measures provided for in Article 13c(7) of that Directive.]                   

Textual Amendments

F1Substituted by Commission Implementing Decision (EU) 2015/474 of 18 March 2015 amending Implementing Decision 2013/92/EU on the supervision,                                 plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities                                 originating in China (notified under document C(2015) 1684).

## [F2Article 5U.K.Reporting

Without prejudice to Commission Directive 94/3/EC (5) , Member States shall notify to the Commission, by 31 July 2017 for the period from 1 April 2016 to 31 March 2017 and by 30 April 2018 for the period from 1 April 2017 to 31 March 2018, the number and the results of the plant health checks carried out in accordance with Articles 2 and 3 of this Decision.                        To that end, Member States shall use the reporting template set out in Annex II.]                   

Textual Amendments

F2Substituted by Commission Implementing Decision (EU) 2017/728 of 20 April 2017 amending Implementing Decision 2013/92/EU on the supervision,                                 plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities                                 originating in China (notified under document C(2017) 2429).

## Article 6U.K.Review

This Decision shall be reviewed by 31 May 2014.

## Article 7U.K.Entry into force and end of application

This Decision shall enter into force on 1 April 2013.

[F2Articles 1 to 4 shall apply until 31 July 2018.]                   

Textual Amendments

F2Substituted by Commission Implementing Decision (EU) 2017/728 of 20 April 2017 amending Implementing Decision 2013/92/EU on the supervision,                                 plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities                                 originating in China (notified under document C(2017) 2429).

## Article 8U.K.Addressees

This Decision is addressed to the Member States.

## [F1ANNEX IU.K.**SPECIFIED COMMODITIES**

## [F1ANNEX IIU.K.**REPORTING TEMPLATE**

1

OJ L 169, 10.7.2000, p. 1.                           

2

OJ L 256, 7.9.1987, p. 1.                           

3

OJ L 302, 19.10.1992, p. 1.                           

4

OJ L 313, 12.10.2004, p. 16.                           

5

[F2Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries                                 and presenting an imminent phytosanitary danger (OJ L 32, 5.2.1994, p. 37).]                            

Textual Amendments

F2Substituted by Commission Implementing Decision (EU) 2017/728 of 20 April 2017 amending Implementing Decision 2013/92/EU on the supervision,                                    plant health checks and measures to be taken on wood packaging material actually in use in the transport of specified commodities                                    originating in China (notified under document C(2017) 2429).