30.4.2004 Official Journal of the European Union L 154/1 EN 
 
 
COMMISSION DECISION 
of 29 April 2004 
amending Decision 2002/757/EC on provisional  emergency phytosanitary measures to 
prevent the introduction into and the spread within the Community of Phytophthora 
ramorum  Werres, De Cock & Man in 't Veld sp.nov. 
(notified under document number C(2004) 1585) 
(Text with EEA relevance)   
(2004/426/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 of organisms harmful to plants or plant products 
and against their spread within the Community1and in particular Article 16(3), fourth sentence 
thereof, 
Whereas: 
(1) In 2002, the United Kingdom informed the other Member States and the Commission 
of outbreaks of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov. 
(hereinafter referred to as: ’the harmful or ganism’) on its territory and of the measures 
taken to control it. 
                                                 
1 OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 
23.3.2004, p. 18.). 
(2) By Commission Decision 2002/757/EC2 the Member States were provisionally 
required to take emergency phytosanitary measures to prevent the introduction into 
and the spread within the Community of the harmful organism. 
(3) As a result of the official surveys carried out under Decision 2002/757/EC, and based 
on recent information on the damage caused by the harmful organism, it appears that the list of host plants of the harmful or ganism, designated in that Decision as 
“susceptible plants”, should be extended. 
(4) The measures set out in Decision 2002/757/EC should not be applicable  to foliage and 
cut branches but should be limited to plants for planting which are moved from the 
place of production in the Community; they should moreover also  be extended to plants for planting of Camellia spp., other than seeds.  
(5) It appears necessary to ensure that the registered producers shall notify every 
suspected occurrence or confirmed presence of the harmful organism to their 
responsible official bodies. 
                                                
 
2 OJ L 252, 20.9.2002, p. 37. 
(6) It further appears necessary to extend the su rveys carried out by the Member States as 
regards evidence of infestation by the harmful organism to include both cultivated and 
uncultivated/unmanaged plants. 
(7) It is appropriate that the results of such measures be continually assessed, and possible 
subsequent measures be considered in the li ght of the results of that assessment. The 
subsequent measures should also take into account the information to be provided and 
the scientific opinions to be delivered by the Member States. 
(8) Decision 2002/757/EC should therefore be amended accordingly. 
(9) 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 
Decision 2002/757/EC is amended as follows: 
1. Article 1(2) is replaced by the following: 
“2. “susceptible plants” means plants, other than fruit and seeds, of Acer 
macrophyllum  Pursh, Aesculus californica  Nutt., Aesculus hippocastanum  L., 
Arbutus menziesii  Pursch., Arbutus unedo  L., Arctostaphylos  spp. Adans, 
Camellia  spp., Castanea  sativa  Mill., Fagus sylvatica  L., Hamamelis  
virginiana  L., Heteromeles arbutifolia (Lindley) M. Roemer , Kalmia latifolia 
L., Leucothoe fontanesiana  (Steudel) Sleumer, Lithocarpus densiflorus  
(H & A), Lonicera hispidula  (Dougl.), Pieris  spp., Pseudotsuga menziesii  
(Mirbel) Franco, Quercus  spp. L., Rhamnus californica  (Esch), Rhododendron  
spp. L., other than Rhododendron simsii  Planch., Sequoia sempervirens  
(D. Don) Endl., Syringa vulgaris  L., Taxus  spp., Trientalis latifolia  (Hook), 
Umbellularia californica  (Pursch.), Vaccinium vitis-idaea  Britt., Vaccinium 
ovatum (Hook & Arn) Nutt. and Viburnum  spp. L.”. 
2. In Article 3(4) “plants of Rhododendron  spp., other than Rhododendron simsii  
Planch, and Viburnum  spp., other than fruit and seeds” is replaced by “plants 
intended for planting of Viburnum  spp., Camellia  spp. and Rhododendron  spp., other 
than Rhododendron simsii  Planch, other than seeds”.  
3. Article 5 is replaced by the following: 
“Article 5 
1. Plants intended for planting of Viburnum  spp., Camellia  spp. and 
Rhododendron  spp., other than Rhododendron simsii  Planch, other than seeds, 
originating in the Community may not be moved from their place of production 
unless they meet the conditions laid down in point 3 of the Annex to this 
Decision. The producers of these plants shall be registered in accordance with the provisions of Commission Directive 92/90/EEC
3. 
2. Member States shall ensure that the registered producers shall notify every 
suspected occurrence or confirmed presence of the harmful organism on the 
place of production to their own responsible official bodies.”. 
4. Article 6 is amended as follows: 
(a) Paragraph 1 is replaced by the following: 
“1. Member States shall conduct official surveys for the harmful organism in 
their territory, including both cu ltivated and uncultivated/unmanaged 
plants , to determine whether there is evidence of infestation by the 
harmful organism.”; 
(b) In paragraph 2 “1 November 2003” is replaced by “1 November 2004”. 
(c) The following new paragraph 3 is added: 
“3. Member States may take appropriate measures within their territory to 
carry out official monitoring of movements of susceptible plants to 
ascertain whether they comply with the conditions set out in this Decision.”.  
5. In Article 8 “31 December 2003” is replaced by “31 December 2004”. 
6. The Annex is amended in accordance with the Annex to this Decision. 
                                                
 
3 OJ L 344, 26.11.1992, p. 38. 
Article 2 
This Decision is addressed to the Member States. 
Done at Brussels, 29 April 2004. 
 For the Commission 
 David BYRNE 
 Member of the Commission 
ANNEX  
The Annex to Decision 2002/757/EC is amended as follows: 1. In the first paragraph of point 1a and point 2 “Article 7 or 8 of Directive 
2000/29/EC” is replaced by “Article 13(1) of Directive 2000/29/EC”.  
2. Point 3 is replaced by the following: 
“3. Plants intended for planting of Viburnum  spp., Camellia  spp. and 
Rhododendron  spp., other than Rhododendron simsii  Planch, other than seeds, 
originating in the Community may be moved from the place of production only 
if they are accompanied by a plant passport and: 
(a) the plants originate in areas in which the harmful organism is known not 
to occur; or 
(b) no signs of the harmful organism have been observed on the plants at the 
place of production since the beginning of the last complete cycle of vegetation on official inspections, including laboratory testing of any 
suspicious symptoms, carried out at least once at appropriate times when 
the plants are in active growth; or 
(c) in cases where signs of the harmful organism have been found on the 
plants at the place of production, appropriate procedures have been implemented aiming at eradicating the harmful organism, consisting at 
least of destruction of the infected plants and all susceptible plants within 
2 m radius of the infected plants, and  
(i) for all susceptible plants within 10 m radius of the infected plants, 
and any remaining plants from the affected lot:  
– the plants have been retained at the place of production, and  
– official additional inspections have been carried out at least 
twice in the three months after the eradication measures have 
been taken when the plants are in active growth, and 
– while during this three months-period no treatments that may 
suppress symptoms of the harmful organism have been 
carried out, and  
– the plants have been found free from the harmful organism in 
these official inspections, 
(ii) for all other susceptible plants at the place of production, the plants 
have been subject to official intensive re-inspection following the 
finding and have been found free from the harmful organisms in 
these inspections.”. 
3. The following point 4 is added: 
“4. In cases where signs of the harmful organism have been found on any plants at 
places in the Community other than places of production, Member States shall 
take appropriate measures to at least contain the harmful organism. This may 
include the determination of the area conc erned in which the measures shall be 
implemented.”