1969L0466 — EN — 23.12.1976 — 001.001 — 1
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►B COUNCILDIRECTIVE
of8December 1969
oncontrolofSanJoséScale
(69/466/EEC)
(OJ L 323, 24.12.1969, p. 5)
Amended by:
Official Journal
No page date
►M1►C1Council Directive 77/93/EEC of 21 December 1976 ◄ L 26 20 31.1.1977
Corrected by:
►C1Corrigendum, OJ L 130, 29.5.1979, p. 32 (77/93/EEC)
▼B
COUNCILDIRECTIVE
of8December 1969
oncontrolofSanJoséScale
(69/466/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles43 and 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Economic and Social Committee;Whereasthe production of woody dicotyledonousplantsand their fruit
occupiesan important place in Community agriculture;
Whereasthe yield of that production iscons tantly threatened by
harmful organisms;
Whereas, through the protection of such plants against such harmful
organisms, not only should productive capacity be maintained but also
agricultural productivity increased;
Whereasprotective meas uresto prevent the introduction of harmful
organisms into invididual Member States would have only a limitedeffect if such organisms were not controlled simultaneously and meth-odically throughout the Community and were not prevented fromspreading;
Whereas one of the organisms most harmful to woody dicotyledonous
plantsisSan Jos é Scale ( Quadraspidiotus perniciosus Comst.);
Whereas this pest has occurred in several Member States and there are
contaminated areaswithin the Community;
Whereasthere isa permanent ris k to the cultivation of woody dicotyle-
donousplantsthroughout the Community if effective meas uresare nottaken to control this pest and prevent it from spreading;
Whereas, to eradicate this pest, minimum provisions must be adopted
for the Community; whereasMember Statesmus t be able to adoptadditional or stricter provisions where necessary;
HAS ADOPTED THIS DIRECTIVE:
Article 1
ThisDirective concernsthe minimum meas uresto be taken within the
Member Statesto control San Jos é Scale ( Quadraspidiotus perniciosus
Comst.) and to prevent it from spreading.
Article 2
For the purposes of this Directive:
(a) ‘plants ’ meanslive plantsand live partsof plantswith the excep-
tion of fruit and seeds;
(b) ‘contaminated plantsor fruit’ meansplantsor fruit on which one or
more San José Scale insects are found, unless it is confirmed thatthey are dead;
(c) ‘San José Scale host plants’ means plants of the genera AcerL.,
Cotoneaster Ehrh.,Crataegus L.,Cydonia Mill.,Euonymus L.,
Fagus L.,Juglans L.,Ligustrum L.,Malus Mill.,Populus L.,
Prunus L.,PyrusL.,RibesL.,RosaL.,SalixL.,Sorbus L.,Syringa
L.,TiliaL.,Ulmus L.,VitisL.;1969L0466 — EN — 23.12.1976 — 001.001 — 2
(1) OJ No 156, 15.7.1967, p. 31.
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(d) ‘nurseries’ means plantations in which plants intended for trans-
planting, multiplying or distributing as individually rooted plantsare grown.
Article 3
When an occurrence of San José Scale is recorded, Member States
shall demarcate the contaminated area and a safety zone large enough
to ensure the protection of the surrounding areas.
Article 4
The Member States shall provide that, in contaminated areas and safety
zones, San José Scale host plants must be appropriately treated tocontrol this pest and prevent it from spreading.
Article 5
The Member Statess hall provide that:
(a) all contaminated plants in nurseries must be destroyed;
(b) all other plants which are contaminated or suspected of being
contaminated and which are growing in a contaminated area mustbe treated in such a way that those plants and the fresh fruit there-from are no longer contaminated when moved;
(c) all rooted San José Scale host plants growing within a contami-
nated area, and partsof s uch plantswhich are intended formultiplication and are produced within that area, may be replanted
within the contaminated area or transported away from it only if
they have not been found to be contaminated and if they havebeen treated in such a way that any San José Scale insects whichmight still be present are destroyed.
Article 6
The Member States shall ensure that in the safety zones San José Scale
host plants are subjected to official supervision and are inspected atleast once a year in order to detect any occurrence of San José Scale.
Article 7
►
M11.◄The Member Statess hall provide that in any batch of
plants (other than those that are rooted in the ground) and fresh fruit
within which contamination hasbeen found, the contaminated plants
and fruit must be destroyed and the other plants and fruit in the batchtreated or processed in such a way that any San José Scale insectswhich might still be present are destroyed.
2. Paragraph 1 shall not apply to slightly contaminated consign-
mentsof fres h fruit.
Article 8
The Member States shall revoke the measures taken to control San José
Scale or to prevent it from spreading only if San José Scale is no
longer found to be present.
Article 9
The Member States shall prohibit the holding of San José Scale.
Article 10
1. Member Statesmay authoris e:
(a) derogationsfrom the meas uresreferred to in Articles4, 5, ►
M17
(1)◄and 9 for scientific and phytosanitary purposes, tests and
selection work;1969L0466 — EN — 23.12.1976 — 001.001 — 3
▼M1
▼B
▼B
(b) by way of derogation from Articles5 (b) and ►M17 (1)◄, the
immediate processing of contaminated fresh fruit;
(c) by way of derogation from Articles5 (b) and ►M17 (1)◄, the
movement of contaminated fresh fruit within the contaminatedarea.
2. The Member States shall ensure that the authorisations referred to
in paragraph 1 are granted only where adequate controlsguarantee thatthey do not prejudice the control of San José Scale and create no risk
of the spread of this pest.
Article 11
Member States may adopt such additional or stricter provisions as may
be required to control San José Scale or to prevent it from spreading.
Article 12
Member States shall bring into force the measures necessary to comply
with thisDirective within two yearsfollowing itsnotification and s hallforthwith inform the Commission thereof.
Article 13
This Directive is addressed to the Member States.1969L0466 — EN — 23.12.1976 — 001.001 — 4