2001D0218 — EN — 25.02.2003 — 002.001 — 1
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►B COMMISSIONDECISION
of12March2001
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
areasinPortugal,otherthanthoseinwhichitisknownnottooccur
(notified under document number C(2001) 692)
(2001/218/EC)
(OJ L 81, 21.3.2001, p. 34)
Amended by:
Official Journal
No page date
►M1Commission Decision 2002/124/EC of 13 February 2002 L 45 56 15.2.2002
►M2Commission Decision 2003/127/EC of 24 February 2003 L 50 27 25.2.2003
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COMMISSIONDECISION
of12March2001
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,otherthanthoseinwhichitisknownnottooccur
(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 oforganisms harmful to plants or plant products and against their spreadwithin 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 tempora-
rily take any additional measures necessary to protect itself from
that danger.
(2)Portugal informed the other Member States and the Commissionon 25 June 1999 that some samples of pine trees originating inits territory were identified as infested by PWN. Complementaryreports 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 aspecial heat treatment and the use of a plant passport, for allwood leaving Portugal, witha view to strength ening protectionagainst 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 mate-
rial is the most likely pathway.
(5)The Commission, by Decision 2000/58/EC (2) authorised
Member States temporarily to take additional measures againstthe dissemination of PWN, as regards areas in Portugal, otherthan 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 improvedas a result of the application of an eradication programme.However trees showing symptoms of infestation by PWN werestill found during surveys of the area where it was previouslyknown to occur.
(7)In official surveys carried out by the other Member States onwood, isolated bark and plants of AbiesMill.,CedrusTrew,
LarixMill.,PiceaA. Dietr., PinusL.,Pseudotsuga Carr. and
TsugaCarr., 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 Portugal2001D0218 — EN — 25.02.2003 — 002.001 — 2
(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 21, 26.1.2000, p. 36.
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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 tocontrol the spread of PWN with the aim of eradication.
(11)The effect of the emergency measures will be assessed continu-ally 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 measuresreferred to in the present Decision are not sufficient to preventthe spread of PWN or have not been complied with, more strin-gent or alternative measures should be envisaged.
(12)The measures provided for in this Decision are in accordancewith 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 xylo-
philus(Steiner et Buhrer) Nickle et al.,
— ‘susceptible wood and bark’ means wood and isolated bark of coni-
fers (Coniferales ), except that of ThujaL.;
— ‘susceptible plants’ means plants (other than fruit and seeds) of
AbiesMill.,CedrusTrew,LarixMill.,PiceaA. Dietr., PinusL.,
Pseudotsuga Carr. and TsugaCarr.
Article 2
Until►M231 March2005 ◄Portugal shall ensure that the condi-
tions laid down in the Annex to this Decision are met in relation to
susceptible wood, bark and plants, which are to be moved within orfrom demarcated areas in Portugal and defined as in accordance withArticle 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.
Portugal shall present by 15 March 2003 a mid-term eradication plan to
control the spread of PWN with the aim of eradicating it.
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 Deci-sion.
Article 4
Member States shall conduct official ►
M2annual◄surveys for
PWN, on susceptible wood and bark and susceptible plants originating
in their country, to determine whether there is any evidence of infesta-tion 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 para-graph indicate the occurrence of the PWN in areas where it waspreviously unknown, the results of such surveys shall be notified to2001D0218 — EN — 25.02.2003 — 002.001 — 3
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the other Member States and the Commission by 15 November 2003
and 15 November 2004 respectively.
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 asbuffer zone of not less than ►
M220 km-width ◄surrounding that
part, taking into account the results of the surveys referred to in Article4.
The Commission shall compile a list of areas in which PWN is known
not to occur and convey sucha list to th e Standing Committee on Plant
Healthand to th e 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 para-
graph shall be adjusted by the Commission according to the results ofthe survey referred to in the second paragraph of Article 4 and to thefindings notified under Article 16(1) of Directive 2000/29/EC.
Article 6
This Decision shall be reviewed by ►
M215 January 2004 and 15
January 2005 respectively ◄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.2001D0218 — EN — 25.02.2003 — 002.001 — 4
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ANNEX
For the purpose of Article 2, the following conditions shall be complied with.
1. Without prejudice to the provisions referred to in point 2 in the case of
movements from demarcated areas into areas in Portugal, other than demar-
cated areas or into other Member States of:
(a) susceptible plants shall be accompanied by a plant passport prepared and
issued in accordance withth e provisions of Commission Directive 92/
105/EEC (1), after:
— the plants have been officially inspected and found free from signs or
symptoms of PWN and
— no symptoms of PWN have been observed at the place of production
or in its immediate vicinity since the beginning of the last complete
cycle of vegetation;
(b) susceptible wood and isolated bark, other than wood in the form of:
— chips, particles, wood waste or scrap obtained in whole or part from
these conifers,
— packing cases, crates or drums,
— pallets, box pallets or other load boards,
— dunnage, spacers and bearers,
but including that which has not kept its natural round surface, shall be
accompanied by the plant passport referred to in point 1(a), after the
wood or the isolated bark has undergone an appropriate heat-treatment
to achieve a minimum wood-core temperature of 56 ºC for 30 minutes
in order to ensure freedom from live PWNs;
(c) susceptible wood, in the form of chips, particles, wood waste or scrap
obtained in whole or part from these conifers shall be accompanied by
the said plant passport after having undergone an appropriate fumiga-
tion-treatment in order to ensure freedom from live PWNs;
(d) susceptible wood, in the form of dunnage, spacers and bearers, including
that which has not kept its natural round surface shall:
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,— have a moisture content expressed as a percentage of dry matter of
less than 20 % achieved at time of manufacture;
(e) susceptible wood, in the form of packing cases, boxes, crates, drums and
similar packings, pallets, box pallets and other load boards, pallet collars,
whether or not actually in use in the transport of objects of all kinds shall
undergo either an appropriate heat treatment to achieve a minimum
wood-core temperature of 56 ºC for 30 minutes, pressure (impregnated)
treatment, or fumigation in order to ensure freedom from live PWNs and
either display an officially approved treatment marking enabling the
identification of where and by whom the treatment has been carried out
or be accompanied by the said plant passport attesting to the measures
carried out.
2. In cases of movements within demarcated areas of Portugal:
(a) susceptible plants:
— grown in places of production where no symptoms of PWN have
been observed, or in its immediate vicinity since the beginning of
the last complete cycle of vegetation and found free from signs or
symptoms of PWN during official inspections, shall be accompanied
by the said plant passport when moved from the place of production,
— grown in places of production where symptoms of the pine wood
nematode have been observed, or in its immediate vicinity, since the
beginning of the last complete cycle of vegetation or identified as
infested by the pine wood nematode shall not be moved from the
place of production and shall be destroyed by burning,
— grown in places, suchas forests, public or private gardens, wh ichare
either identified as infested by the pine wood nematode, or showing
any symptoms of poor health or situated in salvage areas, shall:
— if identified during the period from 1 November to 1 April, be
felled within that period, or
— if identified during the period from 2 April to 31 October, be
felled immediately and,2001D0218 — EN — 25.02.2003 — 002.001 — 5
(1) OJ L 4, 8.1.1993, p. 22.
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— if located in the part of demarcated areas designated as buffer
zones in accordance withth e provisions of Article 5, tested for
the presence of PWN. If the presence is confirmed, the delimita-
tion of the demarcated areas shall be changed accordingly;
(b) during the period from 1 November to 1 April, susceptible wood in the
form of roundwood or sawnwood, with or without bark, including that
which has not kept its natural round surface:
(i) obtained from trees identified as infested by PWN, or situated in
salvage areas, or showing any symptoms of poor health, shall before
2 April either be:
— destroyed by burning under official control at appropriate places,
or
— moved under official control to either:
— a processing plant to be chipped and utilised within this plant,
or
— an industrial plant for use as fuel wood within this plant, or
— a processing plant, where the wood shall either be:
— heat treated in such a way that a minimum wood-core
temperature of 56 ºC for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from
live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i)
shall be officially tested for the presence of the PWN and of Mono-
chamusspp.; if the presence of the PWN or of Monochamus spp. is
confirmed the wood shall be subjected to the provisions referred to
in subparagraph (i); if the presence of the PWN and of Monochamus
spp. is refuted, the wood may be moved under official control to a
processing plant for further use as construction timber, or by way of
derogation moved into areas in Portugal, other than demarcated areas
under official control to approved processing plants notified to the
Commission, where the wood or chips made from such wood, within
the period between 1 November and 1 April, shall either:
— in the case of chips, be used for industrial purposes within such
an approved processing plant, or
— in the case of wood:
— be heat treated in such a way that a minimum wood-core
temperature of 56 ºC for 30 minutes has been achieved.
Further movement of such heat-treated wood may be allowed
when the wood is accompanied by a plant passport, or
— be chipped and fumigated in order to ensure freedom from
live PWNs. Further movement of such fumigated wood may
be allowed when it is accompanied by a plant passport, or
— be chipped and used for industrial purposes within this plant,
or
— be moved under official control to a plant, where the wood
shall either be:
— heat treated in such a way that a minimum wood core
temperature of 56 ºC for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from
live pine wood nematodes, or
— chipped and used for industrial purposes.
(c) during the period from 2 April to 31 October, susceptible wood in the
form of roundwood or sawnwood, with or without bark, including that
which has not kept its natural round surface:
(i) obtained from trees identified as infested by PWN, or situated in
salvage areas, or showing any symptoms of poor health, shall either
be:
— immediately destroyed by burning under official control at appro-
priate places, or
— immediately stripped of bark at appropriate places outside the
forest before being moved under official control to storage places
where the wood is treated with an appropriate insecticide or
which have appropriate and approved wet storage facilities, avail-
able at least during the above period, with a view to a further
movement to an industrial plant:
— to be immediately chipped and used for industrial purposes,
or2001D0218 — EN — 25.02.2003 — 002.001 — 6
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— for immediate use as fuel within this plant, or
— to be immediately heatreated in such a way that a minimum
wood-core temperature of 56 ºC for 30 minutes has been
achieved, or
— to be immediately chipped and fumigated in order to ensure
freedom from live PWNs;
(ii) obtained from trees other than those referred to in subparagraph (i)
shall be immediately stripped of bark at the place of felling or in
the immediate vicinity and either be:
— officially tested for the presence of PWN and of Monochamus
spp.; if the presence of PWN or of Monochamus spp. is
confirmed the wood shall be subjected to the provisions referred
to in (i); if the presence of PWN and of Monochamus spp. is
refuted, the wood may be moved under official control to a
processing plant for further use as construction timber, or
— moved under official control to a plant where the wood shall
either be:
— chipped and used for industrial purposes, or
— heat-treated in such a way that a minimum wood-core
temperature of 56 ºC for 30 minutes has been achieved, or
— chipped and fumigated in order to ensure freedom from live
PWNs;
(d) susceptible bark shall be;
— destroyed by burning or used as fuel at an industrial processing plant,
or
— heat-treated in such a way that a minimum temperature of 56 ºC for
30 minutes has been achieved throughout the bark, or
— fumigated in order to ensure freedom from live PWNs;
(e) susceptible wood in the form of waste produced at the time of felling,
shall be burned at appropriate places under official control:
— during the period from 1 November to 1 April, within that period, or
— during the period from 2 April to 31 October, immediately;
(f) susceptible wood, in the form of waste produced during wood processing,
shall either be immediately burned at appropriate places under official
control, used as fuel wood at the processing plant or fumigated in order
to ensure freedom from live PWNs;
(g) susceptible wood, in the form of packing cases, boxes, crates, drums and
similar packings, pallets, box pallets and other load boards, pallet collars,
dunnage, spacers and bearers, including that which has not kept its
natural round surface, shall:
— be stripped of its bark,
— be free from grub holes which are larger than 3 mm across,— have a moisture content expressed as a percentage of dry matter of
less than 20 % achieved at time of manufacture.2001D0218 — EN — 25.02.2003 — 002.001 — 7
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