COMMISSION DECISION
of 11 January 2000
authorising Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. as regards areas in Portugal, other than those in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known not to occur
(notified under document number C(1999) 5193)
(2000/58/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 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 1999/53/EC(2), and in particular Article 15(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 Bührer) Nickle et al., the pine wood nematode, 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 Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. Complementary reports supplied by Portugal indicated that more samples of pine trees showed infestation by Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.
(3) Sweden, on the basis of the abovementioned information from Portugal, 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 Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. 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, or to determine the full extent thereof in Portugal.
(5) It is therefore necessary for Portugal to take specific measures. It may also be necessary for the other Member States to adopt additional measures to protect themselves against that danger.
(6) The above measures should refer to movements of wood, isolated bark and host plants from Portugal to the other Member States. However it is necessary not to apply such measures to movements from area(s) in Portugal in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known not to occur, into the other Member States, and to Thuja L.
(7) It is also necessary that Portugal take measures to control the spread of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. with the aim of eradication.
(8) If it becomes apparent that the emergency measures referred to in the present Decision are not sufficient to prevent the entry of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al., or have not been complied with, more stringent or alternative measures should be envisaged.
(9) The effect of the emergency measures will be assessed continually during 1999/2000, in particular on the basis of information to be provided by Portugal and the other Member States. Possible subsequent measures applicable to the introduction of wood, and isolated bark of Conifers (Coniferales), except that of Thuja L., and plants of Abies Mill., Cedrus Trew, Lariz Mill, Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, caning from Portugal will be considered in the light of the results of that assessment.
(10) 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
Portugal shall ensure for wood and isolated bark as specified in the Annex to this Decision and plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, until 31 December 2000, that at least the conditions laid down in the Annex are met, if the said wood, isolated bark and/or plants are to be moved from areas(s) in Portugal, other than those in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known not to occur, established in accordance with the provisions of Article 4, either within Portugal or into other Member States.
The conditions specified in point (a) of the Annex to this Decision, shall apply only to consignments leaving Portugal after 31 January 2000.
Article 2
The Member States of destination other than Portugal:
- may subject consignments of wood, and isolated bark as specified in the Annex to this Decision and plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, coming from Portugal and moved into their territory to testing for the presence of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.,
- may take further appropriate steps to carry out official monitoring in respect of wood, and isolated bark as specfied in the Annex to this Decision and of plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, coming from Portugal and moved into their territory.
Article 3
Member States shall conduct official surveys for Bursaphelenchus xylopfilus (Steiner et Bührer) Nickle et al., on wood, and isolated bark as specified in the Annex to this Decision and of plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, originating in their country, for the confirmation of absence of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.
The results of the surveys provided for in the first paragraph shall be notified to the other Member States and to the Commission by 15 October 2000. However, by 15 January 2000, a first report of the results of the survey conducted in Portugal shall be submitted to the other Member States and to the Commission.
The survey conducted by Portugal in accordance with the first paragraph may be monitored by the experts referred to in Article 19a of Directive 77/93/EEC under the procedure laid down therein.
Article 4
1. Portugal shall establish areas in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al is known not to occur, taking into account the results of the surveys referred to in Article 3 carried out in these areas.
2. The Commission shall compile a list of "areas" in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States.
Article 5
The Member States shall adjust at the latest by 31 January 2000 the measures which they have adopted with a view to protecting themselves against the introduction and the spread of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. in such a manner that the measures comply with Articles 1 and 2.
Article 6
This Decision shall be reviewed by 15 November 2000 at the latest.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 11 January 2000.