Proposal for a COUNCIL DECISION 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
Date: 1993-05-19
Institutions: European Commission
Subjects: United States, plant disease, plant health control, plant health legislation, wood product

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. 

This Decision is addressed to the Member States. 

- 6 -

Article 4 

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. 

CERTIFICATE NUMBER 

BILL OF LADING NUMBER 

NAME AND ADDRESS OF SUPPLYING MILL 

NAME AND ADORESS OF CONSIGNEE  (Optional) 

• « G A TE  SPÊOES. GRADE MARKS. OR OTHER IDENTIFYING MARKS  ALSO. INDICATE NUMBER OF PACKAGES AND BOARD 
fCETJQUSIC METERS BY LOT (Lot number and volume are required). 

DESCRIPTION  OF  CONSIGNMENT 

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 

NAME 

(Print) 

SIGNATURE 

TITLE 

DATE 

AUTHORIZED  PERSON RESPONSIBLE  FOR  CERTIFICATION 

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 

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