COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 227 final 
Brussels, 19 May 1993 
Proposal for a 
CQUNCIL DECISION 
authorizing the Member Statea to provide for derogationa from certain 
proviaiona of Council Directive 77/93/EEC in reapect of wood of conifera 
(Coniferalea) other than of Thuja L., Pinua L. and mixtures with 
Plnue L., originating in the United States of America 
(presented by the Commission) 
_ A-
EXPLANATORY NOTE 
By Directive 77/93/EEC, the Council laid down protective measures against 
the introduction into the Community of organisms harmful to plants or plant 
products and against their spread within the Community. 
This proposal authorizes the Member States to provide for derogations from 
the heat-treatment requirements in respect of wood of conifers, other than 
that of Thuja L., Pinus L. and mixtures with Pinus L., originating in the 
USA for a limited period, in order to permit the USA to submit additional 
scientific information on species susceptibility to Pinewood nematode and 
its vectors. 
A similar draft for a Commission decision received an unfavourable opinion 
from the Standing Committee on Plant Health and the Commission's proposal 
for a Council Decision is made in implementation of the urgency procedure 
laid down in Article 17(4) of the said Directive. 
Following this procedure the Council may adopt the measures proposed by a 
qualified majority or reject them by a single majority within fifteen days. 
The draft Council Decision has no financial implications on the Community 
budget. 
The draft Council Decision would have little or no impact on small or 
medium-sized enterprises. 
- 2 -
PROPOSAL FOR A COUNCIL DECISION 
of 
authorizing the Member States to provide for derogations from certain 
provisions of Council Directive 77/93/EEC in respect of wood of conifers 
(Coniferales) other than of Thuja L., Pinus L. and mixtures with 
Pinus L., originating in the United States of America 
THE COUNCIL 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(^), as last amended by Directive 93/19/EBc(2), and 
in particular Article 14(3), second and third and indents and Article 17 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the request made by Spain, 
Whereas under the provisions of Directive 77/93/EEC, because of the risk of 
introducing harmful organisms, wood of conifers (Coniferales), except that 
°f Thuja L., other than wood in the form of: 
- chips, particles, wood waste, or scrap obtained in whole or part from 
these conifers, 
- packing cases, crates of drums, 
- pallets, box pallets or other load boards, 
- dunnage, spacers and bearers, 
(1) OJ No L 26, 31.01.1977, p. 20. 
(2) OJ No L 96, 22.04.1993, p. 33. 
- 3 -
but including that which has not kept its natural round surface, 
originating in Canada, China, Japan, Korea, Taiwan and the United States of 
America may not be introduced into the Community, unless it has undergone 
an appropriate heat treatment to achieve a minimum wood core temperature of 
56°C for 30 minutes, and unless it is accompanied by the certificates 
prescribed in Articles 7 or 8 of the said Directive, being applicable as of 
1 June 1993; 
Whereas wood of conifers originating in the United States of America is 
currently introduced into the Community; whereas in the case of the said 
wood, phytosanitary certificates are not generally issued in that country; 
Whereas, it appears necessary for the United States of America to submit 
additional scientific information on species susceptibility to Pine wood 
nematode (Bursaphelenchus xylophilus); whereas the information should be 
based on a detailed survey to be carried out in the United States of 
America; whereas it appears that this survey takes time; 
Whereas it appears justified to have a phased-in introduction of the heat 
treatment requirement in order to allow the United States of America to 
submit the said information; whereas consequently the heat treatment 
requirements should not be applied before 1 June 1994 for wood of conifers, 
other than of Thuja L., Pinus L. and mixtures with Pinus L.; 
Whereas, in respect of the United States of America, the Commission has 
established, on the basis of the information supplied by the United States 
of America and collected in that country during a mission carried out in 
1990, that an officially approved and monitored programme of issuing 
"certificates of debarking and grub hole control" has been set up to ensure 
proper debarking and to reduce the risk from harmful organisms; whereas the 
risk of spreading harmful organisms is reduced provided that the wood is 
accompanied by a "Certificate of Debarking and Grub Hole Control" issued 
under that programme; 
- 4 -
Whereas the Commission will ensure that the United States of America makes 
available all technical information necessary to assess the functioning of 
the Debarking and Grub Hole Control Certificate Programme; 
Whereas the Standing Committee on Plant Health has delivered an 
unfavourable opinion within the time limit set by its Chairman, 
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 5(1) 
and the third indent of Article 12(1)(a) of Directive 77/93/EEC, with 
regard to the requirements referred to in Annex IV, Part A, Section I, 
point 1.1 and also from Articles 7(2) and 12(1)(b) of Directive 
77/93/EEC for wood of conifers (Coniferales) other than of Thuja L., 
Pinus L. and mixtures with Pinus L., originating in the United States of 
America. 
2. The following conditions shall be satisfied: 
a) the wood shall be totally stripped of its bark by means of 
debarking, edging, grading and board selection and shall be free of 
grub holes. Bark is considered to be the external part of wood 
capable of sustaining live bark-inhabiting insects or other harmful 
organisms at any stage of development, but does not extend to: 
inner bark (bast), 
- ingrown bark, in particular around knots, 
bark or pitch pockets as defined in the National Grading rules 
for softwood dimension lumber. 
Grub holes are understood to mean insect bore-holes caused by wood-
borers of the genus Monochamus, and defined for this purpose as 
those which are larger than 3 mm across; 
- 5 -
b) the fact that the requirements laid down under a) are satisfied 
shall have been checked by graders who are trained, qualified and 
authorized for that purpose under a programme approved and 
controlled by the Animal and Plant Health Inspection Service, US 
Department of Agriculture; 
c) checks on compliance with the conditions laid down under a) shall 
have been undertaken at mills by industry inspectors or their agents 
qualified and authorized for that purpose by the Animal and Plant 
Health Inspection Service, US Department of Agriculture. In 
addition, the checking system shall provide for inspectors of the 
Animal and Plant Health Inspection Service, US Department of 
Agriculture, undertaking occasional pre-shipment inspections, 
d) the wood shall be accompanied by a "Certificate of Debarking and 
Grub Hole Control" which is standardized under the programme 
mentioned under b), and complies with the specimen given in the 
Annex to this Decision, and which is issued by an authorized person 
on behalf of mills to participate in that programme by the Animal 
and Plant Health Inspection Service, US Department of Agriculture, 
and is filled in in accordance with the instructions set up under 
that programme. 
Article 2 
Without prejudice to the provisions laid down in Article 14(5) of Directive 
77/93/EEC, the Member States shall notify the Commission and the other 
Member States of all cases of consignments introduced pursuant to this 
Decision which do not comply with the conditions laid down under 
Article 1(2)(a) and (d). 
Article 3 
The authorization granted in Article 1 shall apply from 1 June 1993 until 
31 May 1994 being the last date of entry in the Community. It shall be 
revoked earlier if it is established that the conditions laid down in 
Article 1(2) are not sufficient to prevent the introduction of harmful 
organisms or have not been complied with. 
- 6 -
Article 4 
This Decision is addressed to the Member States. 
Done at Brussels, For the Council, 
© 
NEÏ-Q — Hit •%', - ANHANG — flAPAPTHMA — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO 
CERTIFICATE OF DEBARKING 
AND 
GRUB HOLE CONTROL 
Issued in the U.S.A. 
NAME AND ADDRESS OF SUPPLYING MILL CERTIFICATE NUMBER 
BILL OF LADING NUMBER 
NAME AND ADORESS OF CONSIGNEE (Optional) 
DESCRIPTION OF CONSIGNMENT 
•«GATE SPÊOES. GRADE MARKS. OR OTHER IDENTIFYING MARKS ALSO. INDICATE NUMBER OF PACKAGES AND BOARD 
fCETJQUSIC METERS BY LOT (Lot number and volume are required). VOLUME 
The lumber in this shipment has been examined by a mill inspector or oilier authorized person and found to have been stripped of its bark and to be free ol grub 
holes; and. to the best of his/her knowledge and belief, to be in conformance with the import requirements of the receiving country. 
This document is issued under a program officially approved by the Animal and Plant Health Inspection Service. U.S. Department of Agriculture. The products 
covered by this document are subject to preshipment inspection by that Agency. No liability shall be attached to the U.S. Department of Agriculture or to any 
officer or representative of tt»e Department with respect to this certificate 
AUTHORIZED PERSON RESPONSIBLE FOR CERTIFICATION 
NAME (Print) SIGNATURE TITLE DATE 
AGENCY VALIDATION 
•b 
ISSN 0214-1475 
COM(93) 227 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-93-257-EN-C 
ISBN 92-77-56035-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg