COMMISSION IMPLEMENTING DECISION (EU) 2018/1203

of 21 August 2018

authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in the United States of America and repealing Commission Implementing Decision (EU) 2017/204

(notified under document C(2018) 5848)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 Community (1), and in particular the first indent of Article 15(1) and points 2.3, 2.4 and 2.5 of Section I of Part A of Annex IV thereto,

Whereas:

(1) Article 5(1) of Directive 2000/29/EC, in conjunction with point 2.3 of Section I of Part A of Annex IV to that Directive, provides for special requirements concerning the introduction into the Union of ash (Fraxinus L.) wood, as well as certain other wood species, originating in the United States of America.

(2) Commission Implementing Decision (EU) 2017/204 (2) authorised Member States to provide for a temporary derogation from Article 5(1) of Directive 2000/29/EC in conjunction with point 2.3 of Section I of Part A to Annex IV to that Directive for special requirements concerning the introduction into the Union of ash (Fraxinus L.) wood originating in the United States of America.

(3) Implementing Decision (EU) 2017/204 expired on 30 June 2018. It should therefore be succeeded by this Decision to ensure the continuation of introduction into the Union of that wood.

(4) In view of the experience gained during the application of Implementing Decision (EU) 2017/204, it is appropriate to continue applying its requirements under this Decision.

(5) However, on the basis of information obtained during a Commission audit in the Unites States of America in January 2018, and of the information provided by the National Plant Protection Organization of the Unites States of America during and after that audit, it is appropriate to call for more stringent inspection and supervision of ash wood in the United States of America. For that purpose, specific conditions should be set out concerning audit of records, procedures and labelling, pre-shipment inspections and monitoring at approved sawmills.

(6) For a better assessment of how this Decision is applied, Member States should provide the Commission and the other Member States with information on the imports made.

(7) For reasons of clarity and legal certainty, Implementing Decision (EU) 2017/204 should be repealed.

(8) This Decision should apply until 30 June 2020, to allow for the review of its implementation by that time.

(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1 Authorisation to provide for derogation By way of derogation from Article 5(1) of Directive 2000/29/EC in conjunction with point 2.3 of Section I of Part A of Annex IV to that Directive, Member States may authorise the introduction into their territory of wood of Fraxinus L. originating or processed in the United States of America (‘specified wood’) which, prior to its movement out of the United States of America, satisfies the conditions set out in the Annex to this Decision.

Article 2 Phytosanitary certificate 1. The specified wood shall be accompanied by a phytosanitary certificate issued in the United States of America, in accordance with Article 13a(3) and (4) of Directive 2000/29/EC, certifying freedom from harmful organisms after inspection. 2. The phytosanitary certificate shall include under the heading ‘Additional declaration’ the following elements: (a) the statement ‘In accordance with European Union requirements laid down in Commission Implementing Decision (EU) 2018/1203’; (b) the bundle number(s) corresponding to each specific bundle being exported; (c) the name of the approved facility(ies) in the United States of America.

Article 3 Reporting of importation The Member State of importation shall provide the Commission and the other Member States, by 31 December of each year, with information on the amounts of consignments of specified wood imported pursuant to this Decision during that year.

Article 4 Notification of non-compliance Member States shall notify the Commission and the other Member States of each consignment not complying with this Decision. That notification shall take place no later than two working days after the date of the interception of such a consignment.

Article 5 Repeal of Implementing Decision (EU) 2017/204 Implementing Decision (EU) 2017/204 is repealed.

Article 6 Date of expiry This Decision shall expire on 30 June 2020.

Article 7 Addressees This Decision is addressed to the Member States.

Done at Brussels, 21 August 2018. For the Commission Vytenis ANDRIUKAITIS Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1.

(2) Commission Implementing Decision (EU) 2017/204 of 3 February 2017 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in the United States of America, and repealing Implementing Decision (EU) 2015/2416 recognising certain areas of the United States of America as being free from Agrilus planipennis Fairmaire.(OJ L 32, 7.2.2017, p. 35).