Commission Directive 2002/36/EC
of 29 April 2002
amending certain Annexes to Council 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
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), as last amended by Commission Directive 2002/28/EC(2), and in particular the second paragraph, subparagraphs (c) and (d) of Article 14, thereof,
Whereas:
(1) Measures should be taken to protect the Community against Anisogramma anomala (Peck) E. Müller, Anoplophora glabripennis (Motschulsky) and Naupactus leucoloma Boheman, harmful organisms which have not hitherto been known to occur in the Community.
(2) The current provisions against Liriomyza bryoniae (Kaltenbach) should be modified by restricting them to protected zones in Ireland and the United Kingdom (North Ireland) where it has been determined that this organism is not present.
(3) The list of host plants of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) should be modified to take into account of the updated information on the relationship between these harmful organisms and their host plants.
(4) Due to continued interceptions of Bemisia tabaci Genn., Liriomyza sativae (Blanchard), Amauromyza maculosa (Malloch), Liriomyza huidobrensis (Blanchard), Liriomyza trifolii (Burgess) and Thrips palmi Karny on commodities, the current provisions on protective measures against the introduction into and spread within the Community, with a view to ensuring more effective protection, should be improved.
(5) These improved protective measures should include the use of a plant passport for plants or plant products originating in the Community and a phytosanitary certificate for plants or plant products originating in third countries.
(6) The current provisions against beet necrotic yellow vein virus should be modified in order to reflect the conclusions of a Commission Working Group having assessed the phytosanitary risk associated with this harmful organism in the relevant protected zones recognised in the Community.
(7) The current provisions against Tilletia indica Mitra should be modified to take into account of the updated information on the presence of this harmful organism in South Africa.
(8) The incorrect listing of Malta and Cyprus as non-European countries should be rectified in Annex IV, Part A, Section I, point 34, and Annex V, Part B, Section I, point 7(b), to Directive 2000/29/EC.
(9) The amendments are in accordance with the requests of the Member States concerned.
(10) Therefore the relevant annexes to Directive 2000/29/EC should be amending accordingly.
(11) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I, II, IV and V to Directive 2000/29/EC are hereby amended as indicated in the Annex to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on 1 April 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. The Member States shall immediately communicate to the Commission the main provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.
Article 3
This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.
Done at Brussels, 29 April 2002.