Commission Decision
of 12 March 2001
requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode) as regards areas in Portugal, other than those in which it is known not to occur
(notified under document number C(2001) 692)
(2001/218/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 16(3) thereof,
Whereas:
(1) Where a Member State considers that there is an imminent danger of the introduction into its territory of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al., (the pine wood nematode (PWN)), from another Member State, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. Complementary reports supplied by Portugal indicated that more samples of pine trees showed infestation by it.
(3) Sweden, on the basis of the abovementioned information adopted on 29 September 1999, certain additional measures including a special heat treatment and the use of a plant passport, for all wood leaving Portugal, with a view to strengthening protection against the introduction of PWN from Portugal.
(4) It has not yet been possible either to identify the source of contamination although elements indicate that packaging material is the most likely pathway.
(5) The Commission, by Decision 2000/58/EC(2) authorised Member States temporarily to take additional measures against the dissemination of PWN, as regards areas in Portugal, other than those in which it is known not to occur.
(6) From an assessment by the Food and Veterinary Office (FVO) in May and October 2000 and additional information supplied by Portugal, it appears that the phytosanitary situation has improved as a result of the application of an eradication programme. However trees showing symptoms of infestation by PWN were still found during surveys of the area where it was previously known to occur.
(7) In official surveys carried out by the other Member States on wood, isolated bark and plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., originating in their country, none of the samples taken and analysed tested positive for the presence of the PWN.
(8) It is therefore necessary for Portugal to continue to take specific measures. It may also be necessary for the other Member States to continue to adopt additional measures to protect themselves.
(9) The above measures should refer to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.
(10) It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication.
(11) The effect of the emergency measures will be assessed continually during 2001 and 2002, in particular on the basis of information to be provided by Portugal and the other Member States. If it becomes apparent that the emergency measures referred to in the present Decision are not sufficient to prevent the spread of PWN or have not been complied with, more stringent or alternative measures should be envisaged.
(12) 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
In this Decision:
- "the pine wood nematode (PWN)" means Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.,
- "susceptible wood and bark" means wood and isolated bark of conifers (Coniferales), except that of Thuja L.;
- "susceptible plants" means plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.
Article 2
Until 28 February 2002 Portugal shall ensure that the conditions laid down in the Annex to this Decision are met in relation to susceptible wood, bark and plants, which are to be moved within or from demarcated areas in Portugal and defined as in accordance with Article 5, either to other areas in Portugal or to other Member States.
The conditions specified in part 1 of the Annex to this Decision, shall apply only to consignments leaving the demarcated areas in Portugal after 28 February 2001.
Article 3
Member States of destination other than Portugal:
(a) may subject consignments of susceptible wood, and bark and of susceptible plants coming from demarcated areas in Portugal and moved into their territory to testing for the presence of PWN;
(b) may take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex to this Decision.
Article 4
Member States shall conduct official surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN.
Without prejudice to the provisions of Article 16(1) of Directive 2000/29/EC, where the results of the surveys provided for in the first paragraph indicate the occurrence of the PWN in areas where it was previously unknown, they shall be notified to the other Member States and to the Commission by 15 November 2001.
Article 5
Portugal shall establish areas in which PWN is known not to occur, and demarcate areas (hereinafter called demarcated areas) comprised of a part in which the PWN is known to occur and a part designated as buffer zone of not less than 20 km with surrounding that part, taking into account the results of the surveys referred to in Article 4.
The Commission shall compile a list of areas in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas.
The list of the areas referred to in the first sentence of the second paragraph shall be adjusted by the Commission according to the results of the survey referred to in the second paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.
Article 6
This Decision shall be reviewed by 15 December 2001 at the latest.
Article 7
Decision 2000/58/EC is hereby repealed with effect from the date of coming into force of this Decision.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 12 March 2001.