1993D0452 — EN — 05.11.1998 — 003.001 — 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:
Official Journal
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
►M3 Commission Decision 98/641/EC of 4 November 1998 L 304 36 14.11.1998
▼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.,
respectively, 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 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 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, Portugal and
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 harmful organisms;
Whereas the provisions laid down in the Annexes to Directive 77/93/
EEC have been subjected to a review taking into account a pest risk
assessment to adapt the relevant provisions to the Single Market
concept;
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 harmful organisms, provided
that certain improved technical conditions 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) ofDirective 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
pentaphylla 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;1993D0452 — EN — 05.11.1998 — 003.001 — 2
(1) OJ No L 26, 31. 1. 1977, p. 20.
(2) OJ No L 96, 22. 4. 1993, p. 33.
▼B
(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 madeavailable to the Commission, at the latest by 30 November of each
year. These lists shall include the number of plants grown in each of
these nurseries, as far as they are deemed suitable for dispatch to theCommunity in the following year, under the conditions laid down inthis 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 harmful organisms 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 harmful organisms ofconcern.
The harmful organisms in question are:
— for Juniperus plants,
—Aschistonyx eppoi Inouye,
—Gymnosporangium spp.,
—Oligonychus perditus Pritchard et Baker,
—Popillia japonica Newman,
— any other harmful organism which is not known to occur in
the Community,
— for Chamaecyparis plants,
—Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al.,
—Popillia japonica Newman,
— any other harmful organism which is not known to occur in
the Community,
— for Pinus plants,
—Bursaphelenchus xylophilus (Steiner & Bührer) Nickle et al.,
—Cercoseptoria pini-densiflorae (Hori& Nambu) Dei ghton,
—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 harmful organism 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 harmful organism in the inspections carried out
pursuant to (d) shall be officially recorded, and the records shall be
kept available to the Commission, upon its request. Any detectionof any of the harmful organisms, which are specified in d) by theirsicentific names, shall disqualify the nursery from its status under(c). In such case, the registration can be renewed only in thefollowing year;
(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 artificial growing medium or in a1993D0452 — EN — 05.11.1998 — 003.001 — 3
▼B
natural growing medium which has been treated by fumigation
or by appropriate heat treatment to ensure freedom fromharmful organisms,
— 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 officially approvedas healthy material,
— be potted, at least during the same period, in pots which are
placed either on shelves at least 20 cm above ground or onto
concrete flooring, which is well maintained and free fromdebris,
— be made recognizable with a marking, exclusive for each
individual plant and notified to the official plant protectionorganization of Japan, enabling the identification of the
registered nursery and the year of potting,
— be found free, in the inspections referred to in (d), from the
harmful organism and not be affected by the measures refered toin (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 the
nursery until the time of loading for export, through sealing oftransport vehicles or appropriate alternatives;
(h) the plants and the adhering or associated growing medium
(hereinafter referred to as ‘the material’) shall be accompanied bya phytosanitary certificate issued in Japan in accordance withArticle 7 of Directive 77/93/EEC, on the basis of the examination
laid down in Article 6 of the said Directive relating to the
conditions laid down therein, in particular freedom from theharmful organisms, 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
identification of the the registered nursery and the year of
potting,
— the specification of the last treatment applied, prior to dispatch,— under ‘Additional Declaration’, the statement ‘This consign-
ment meets the conditions laid down in Decision ►
M398/641/
EC◄’;
(i) the material shall be packed in closed containers which have been
officially sealed and bear a distinguishing mark to be reproduced onthe 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 of active
growth in the case of Pinus andChamaecyparis plants and for a
period including the active growth season from 1 April until 30June in the case of Juniperus plants and must be found free, during
this quarantine period, from any harmful organisms in question;
(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 and trainedstaff, with the assistance of the experts referred to in Article 19a
of Directive 77/93/EEC under the procedure laid down therein,
— be performed at an officially approved site provided with
appropriate facilities sufficient to contain harmful organismsand maintain the material in such a way as to eliminate any riskof spreading harmful organisms,1993D0452 — EN — 05.11.1998 — 003.001 — 4
▼M3
▼B
▼B
— be performed for each item of material:
— by visual examination upon arrival and at regular intervals
thereafter, having regard to the type of material and its stateof development during the quarantine period, for harmfulorganisms or symptoms caused by any harmful organism,
— by appropriate testing of any symptom observed in the visual
examination in order to identify the harmful organismshaving 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 harmfulorganisms shall be immediately destroyed;
(m) Member States shall notify, to the Commission and to the other
Member States, any contamination by the harmful organisms in
question which has been confirmed during the post-entry quarantinespecified under (j);
(n) prior to introduction into a Member State, the importer shall notify
each introduction sufficiently in advance to the responsible official
bodies 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 material which has been subjected to the postentry quarantine
specified under (j) in the importing Member State and has been
found free, during that quarantine period, from harmful organismsof 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 itspackaging 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
Commission and the other Member States, before 1 October of each
year, with the information on amounts imported pursuant to thisDecision and with a detailed technical report of the official examinationreferred to in Article 1 (2) (k).
Article 3
The authorization granted in Article 1 shall apply from 1 June 1993 until
►
M331 December 2001 ◄in the case of Pinus andChamaecyparis
plants and in the ►M3periods between 1 November 1998 to 31 March
1999, 1 November 1999 to 31 March 2000 and 1 November 2000 to 31
March 2001 ◄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 the introduction of harmful organisms,or have not been complied with.
Article 4
This Decision is addressed to the Member States.1993D0452 — EN — 05.11.1998 — 003.001 — 5