1993D0452 — EN — 28.11.1996 — 002.001 — 1
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►B COMMISSION DECISION
of 15 July 1993
authorizing the Member States to provide for derogations from certain provisions of Council
Directive 77/93/EEC, in respect of plants of Chamaecyparis Spach, Juniperus L. and PinusL.,
respectively, originating in Japan
(93/452/EEC)
(OJ L 210, 21.8.1993, p. 29)
Amended by:
OfficialJournal
No page date
►M1 Commission Decision 94/816/EC of 14 December 1994 L 337 87 24.12.1994
►M2 Commission Decision 96/711/EC of 27 November 1996 L 326 66 17.12.1996
1993D0452 — EN — 28.11.1996 — 002.001 — 2
▼B
COMMISSION DECISION
of 15 July 1993
authorizing the Member States to provide for derogations from
certain provisions of Council Directive 77/93/EEC, in respect ofplants of Chamaecyparis Spach, Juniperus L. and PinusL., respec-
tively, originating in Japan
(93/452/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to CouncilDirective 77/93/EEC of 21 December 1976
on protective measures against the introduction into the Community oforganisms harmful to plants or plant products and against their spreadwithin the Community (
1), as last amended by Directive 93/19/EEC (2),
and in particular Article 14 (3) thereof,
Having regard to the requests made by Belgium, Denmark, Germany,
Greece, Spain, France, Italy, Luxembourg, the Netherlands, Portugaland the United Kingdom,
Whereas, under the provisions of Directive 77/93/EEC, plants of
Chamaecyparis Spach, Juniprus L. and Pinus L., other than fruit and
seeds, originating in non-European countries, may in principle not beintroduced into the Community;
Whereas, however, the abovementioned Directive permits derogations
from that rule, provided that it is established that there is no risk ofspreading harmfulorganisms;
Whereas the provisions laid down in the Annexes to Directive 77/
93/EEC have been subjected to a review taking into account a pest riskassessment to adapt the relevant provisions to the Single Marketconcept;
Whereas that pest risk assessment has been the basis for an amendment
and revision of the relevant provisions of the said Directive;
Whereas the Commission has established that on the basis of available
information there is no risk of spreading harmfulorganisms, providedthat certain improved technicalconditions are satisfied;
Whereas 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
1. The Member States are hereby authorized to provide under the
conditions laid down in paragraph 2 for derogations from Article 4 (1)of Directive 77/93/EEC, with regard to Annex III (A) (1) for plants ofChamaecyparis Spach, Juniperus L. and Pinus L., other than fruit and
seeds, originating in Japan.
2. The following conditions shall be satisfied:
(a) the plants shall be of the bonsai-type of the genus Chamaecypar-
isSpach, genus Juniperus or in the case of the genus Pinus L. either
entirely of the species Pinus parviflora Sieb & Zucc. ( Pinus penta-
phylla Mayr.), or grafted on a rootstock of a Pinus species other
than Pinus parviflora Sieb & Zucc. In the latter case, the rootstock
shall not bear any shoots;
(1) OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 96, 22. 4. 1993, p. 33.
1993D0452 — EN — 28.11.1996 — 002.001 — 3
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(b) the total number of plants shall not exceed quantities which have
been determined by the importing Member State, having regard toavailable quarantine facilities;
(c) the plants shall have been grown and trained for at least two
consecutive years in officially registered bonsai nurseries. Theannual lists of the registered bonsai nurseries shall be made avail-able to the Commission, at the latest by 30 November of each year.These lists shall include the number of plants grown in each ofthese nurseries, as far as they are deemed suitable for dispatch tothe Community in the following year, under the conditions laiddown in this Decision;
(d) for Juniperus plants, the plants of the genera Crataegus L.,Cydonia
Mill., Juniperus L.,Malus Mill., Photinia Ldl. and Pyrus L., which
have been grown in the two last years prior to dispatch in theabovementioned bonsai nurseries and their immediate vicinity shallhave been officially inspected at least six times per year and atappropriate times, for presence of harmfulorganisms of concern;forChamaecyparis and Pinus plants, the plants of the genus
Chamaecyparis Spach and of the genus Pinus L. which have been
grown in the abovementioned bonsai nurseries and their immediatevicinity shall have been officially inspected at least six times peryear and at appropriate times, for presence of harmfulorganisms ofconcern.
The harmfulorganisms in question are:— for Juniperus plants,
—Aschistonyx eppoi Inouye,
—Gymnosporangium spp.,
—Oligonychus perditus Pritchard et Baker,
—Popillia japonica Newman,
— any other harmfulorganism which is not known to occur in
the Community,
— for Chamaecyparis plants,
—Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et
al.,
—Popillia japonica Newman,
— any other harmfulorganism which is not known to occur in
the Community,
— for Pinus plants,
—Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et
al.,
—Cercoseptoria pini-densiflorae (Hori & Nambu) Deighton,
—Coleosporium paederiae,
—Coleosporium phellodendri Komr.,
—Cronartium quercum (Berk.) Miyabe ex Shirai,
—Dendrolimus spectabilis Butler,
—Peridermium kurilense Dietel,
—Popillia japonica Newman,
—Thecodiplosis japonensis Uchida & Inouye,
— any other harmfulorganism which is not known to occur in
the Community;
The plants shall have been found free, in these inspections, from the
harmful organisms. Infested plants shall be removed. The remainingplants shall be effectively treated;
(e) any detection of the harmfulorganism in the inspections carried
out pursuant to (d) shall be officially recorded, and the recordsshall be kept available to the Commission, upon its request. Anydetection of any of the harmfulorganisms, which are specified ind) by their sicentific names, shall disqualify the nursery from itsstatus under (c). In such case, the registration can be renewed onlyin the following year;
1993D0452 — EN — 28.11.1996 — 002.001 — 4
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(f) the plants intended for the Community shall:
— have been grown, at least during the last two years prior to
dispatch, in either an unused artificialgrowing medium or in anaturalgrowing medium which has been treated by fumigationor by appropriate heat treatment to ensure freedom fromharmfulorganisms,
— if they belong to the genus Pinus and in the case of grafting on
a rootstock of a Pinus species other than Pinus parviflora Sieb.
& Zucc., have a rootstock derived from sources officiallyapproved as healthy material,
— be potted, at least during the same period, in pots which are
placed on shelves at least 20 cm above ground,
— be made recognizable with a marking, exclusive for each indi-
vidual plant and notified to the official plant protection organ-ization of Japan, enabling the identification of the registerednursery and the year of potting,
— be found free, in the inspections referred to in (d), from the
harmfulorganism and not be affected by the measures referedto in (e),
— be free from other plant debris;
(g) the official plant protection organization of Japan shall ensure the
identifiability of the plants from the time of their removal from thenursery until the time of loading for export, through sealing oftransport vehicles or appropriate alternatives;
(h) the plants and the adhering or associated growing medium (herein-
after referred to as ‘the material') shall be accompanied by aphytosanitary certificate issued in Japan in accordance with Article7 of Directive 77/93/EEC, on the basis of the examination laiddown in Article 6 of the said Directive relating to the conditionslaid down therein, in particular freedom from the harmful organ-isms, as well as to the requirements specified in (a) to (g).
The certificate shall indicate:— the name or the names of the registered nursery or nurseries,
— the markings referred to in (f), as far as they enable identifica-
tion of the the registered nursery and the year of potting,
— the specification of the last treatment applied, prior to dispatch,— under ‘AdditionalDecl aration', the statement ‘This consign-
ment meets the conditions laid down in Decision►
M296/711/EC ◄';
(i) the material shall be packed in closed containers which have been
officially sealed and bear a distinguishing mark to be reproducedon the phytosanitary certificate, enabling the consignments to beidentified;
(j) the material shall be subjected, before it is released, to official
post-entry quarantine for a period of not less than three months ofactive growth in the case of Pinus andChamaecyparis plants and
for a period including the active growth season from 1 April until30 June in the case of Juniperus plants and must be found free,
during this quarantine period, from any harmfulorganisms in ques-tion;
(k) the post-entry quarantine mentioned under (j) shall:
— be supervised by the responsible official bodies of the Member
State concerned and executed by officially approved andtrained staff, with the assistance of the experts referred to inArticle 19a of Directive 77/93/EEC under the procedure laiddown therein,
— be performed at an officially approved site provided with
appropriate facilities sufficient to contain harmful organismsand maintain the materialin such a way as to el iminate any riskof spreading harmfulorganisms,
— be performed for each item of material:
— by visual examination upon arrival and at regular intervals
thereafter, having regard to the type of materialand its state
1993D0452 — EN — 28.11.1996 — 002.001 — 5
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of development during the quarantine period, for harmfulorganisms or symptoms caused by any harmfulorganism,
— by appropriate testing of any symptom observed in the
visualexamination in order to identify the harmfulorgan-isms having caused such symptoms;
(l) any lot in which material which has not been found free, during the
post-entry quarantine specified under (j) from the harmfulorgan-isms shall be immediately destroyed;
(m) Member States shall notify, to the Commission and to the other
Member States, any contamination by the harmfulorganisms inquestion which has been confirmed during the post-entry quaran-tine specified under (j);
(n) prior to introduction into a Member State, the importer shall notify
each introduction sufficiently in advance to the responsible officialbodies in the Member State concerned, indicating:
— the type of material,
— the quantity,— the declared date of import,— the site of quarantine testing.
They shall be officially informed, prior to the introduction, of the
conditions laid down in (a) to (m);
(o) any materialwhich has been subjected to the postentry quarantine
specified under (j) in the importing Member State and has beenfound free, during that quarantine period, from harmfulorganismsof concern and which has been maintained under appropriateconditions may be moved within the Community only where thefollowing conditions are satisfied:
— a plant passport referred to in Directive 77/93/EEC, shall be
issued in accordance with the relevant provisions of Directive77/93/EEC and shall be attached to the material, to its pack-aging or to the vehicles transporting the material,
— the plant passport referred to in the first indent, shall indicate
the name of the country of origin.
Article 2
Member States shall inform other Member States and the Commission
of any use made of the authorization. They shall provide the Commis-sion and the other Member States, before 1 October of each year, withthe information on amounts imported pursuant to this Decision and witha detail ed technicalreport of the officialexamination referred to inArticle 1 (2) (k).
Article 3
The authorization granted in Article 1 shall apply from 1 June 1993
until►
M231 December 1998 ◄in the case of Pinus andChamaecy-
paris plants and in the ►M2periods between 1 November 1996 to 31
March 1997 and 1 November 1997 to 31 March 1998 ◄in the case of
Juniperus plants. It shall be revoked earlier, if its is established that the
conditions laid down under Article 1 (2) are not sufficient to prevent theintroduction of harmfulorganisms, or have not been compl ied with.
Article 4
This Decision is addressed to the Member States.