Commission Directive 98/1/EC of 8 January 1998 amending certain Annexes to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Date: 1998-01-08
Institutions: European Commission
Subjects: crop production, import restriction, parasitology, plant health control, plant health legislation, protection of plant life

L 15/26

‹

EN

‹

Official Journal of the European Communities

21. 1. 98

COMMISSION DIRECTIVE 98/1/EC

of 8 January 1998

amending certain Annexes to Council Directive 77/93/EEC on protective
measures against the introduction into the Community of organisms harmful to
plants or plant products and against their spread within the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 77/93/EEC of 21
December 1976 on protective measures against the intro-
duction into the Community of organisms harmful to
plants or plant products and against their spread within
the Community (1), as
last amended by Commission
Directive 97/14/EC (2), and in particular Article 13,
second paragraph, third and fourth indents, thereof,

Whereas improved measures should be taken to protect
the Community against the introduction of harmful or-
ganisms affecting hybrids of Solanum L., other than those
intended for planting, and aquarium plants;

Whereas certain provisions concerning organisms af-
fecting naturally or artificially dwarfed plants for planting,
other than seeds, originating in non-European countries
should be improved;

Whereas certain provisions concerning organisms af-
fecting isolated bark of Castanea Mill.
should be
amended and, in particular, adapted to the present distri-
bution of organisms such as non-European Pissodes spp.
and Scolytidae spp.;

should be taken to protect

the
Whereas measures
against Diabrotica barberi
Community
Smith &
Lawrence, Diabrotica undecimpunctata howardi Barber,
Diabrotica undecimpunctata undecimpuctata Manner-
heim and Diabrotica virgifera Le Conte, harmful or-
ganisms which have not hitherto been known to occur in
the Community;

Whereas certain provisions concerning Monilinia fructi-
cola (Winter) Honey, should be amended because it has
been determined that only Prunus fruits from non-Euro-
pean countries should be subjected to phystosanitary
control in the high-risk period from 15 February to 30
September;

Whereas measures should be taken against the introduc-
tion into and spread within the Community of Meloido-
gyne chitwoodi Golden et al.
(all populations) and M.
fallax Karssen and Tomato yellow leaf curl virus;

Whereas the provisions on protective measures against
Enarmonia prunivora Walsh and Ditylenchus dipsaci
(K(cid:129)hn) Filipjev, organisms listed in the Annexes to the
said Directive, should be improved, and in particular the
list of host plants should be extended;

Whereas it
is no longer appropriate to maintain the
current provisions on protective measures againt Tomato
spotted wilt virus;

Whereas certain measures against Gymnosporangium
asiaticum Miyabe ex Yamada, in particular in respect of
plants of Photinia Ldl., should be modified because it has
been determined that the said organism is only present in
some third countries;

(1) OJ L 26, 31. 1. 1977, p. 20.
(2) OJ L 87, 2. 4. 1997, p. 17.

Whereas since it has been determined that the risk of
spreading Xanthomonas campestris pv. pruni by intra-
Community trade in P. laurocerasus L. and P. lusitanica
L., is minimal, the relevant measures should be modified;

Whereas since it has become apparent that there is no
transmitting Bemisia tabaci Genn with seeds,
risk of
tubers and corms of Begonia L., the relevant measures
should be modified;

Whereas certain measures against Clavibacter michiga-
nensis spp. insidiosus Davis et al. should be modified in
order to take account of the area of origin of the seeds
and the presence of the disease in that area;

Whereas in order to take into account the phytosanitary
risk involved with the import of parts of certain plants,
other than fruits and seeds, certain measures should be
modified;

Whereas these amendments are in accordance with the
requests of the Member States concerned;

Whereas,
77/93/EEC should be amended accordingly;

the relevant Annexes to Directive

therefore,

21. 1. 98

‹

EN

‹

Official Journal of the European Communities

L 15/27

Whereas the measures provided for in this Directive are
in accordance with the opinion of the Standing Comittee
on Plant Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

2. Member States shall immediately communicate to
the Commission the main provisions of domestic law
which they adopt in the field covered by this Directive.
The Commission shall inform the other Member States
thereof.

Article 3

Annexes I to V to Directive 77/93/EEC are hereby
amended as indicated in the Annex to this Directive.

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

Article 2

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive with effect from 1 May 1998. They
shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall
contain a reference to this Directive or shall be accompa-
nied by such reference at the time of their official pub-
lication. The procedure for
such reference shall be
adopted by Member States.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 8 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

L 15/28

‹

EN

‹

Official Journal of the European Communities

21. 1. 98

ANNEX

1. In Annex I, Part A, Section I(a), the following points are inserted after point 10:

‘10.1. Diabrotica barberi Smith bLawrence

10.2. Diabrotica undecimpunctata howardi Barber

10.3. Diabrotica undecimpunctata undecimpunctata Mannerheim

10.4. Diabrotica virgifera Le Conte’.

2. In Annex I, Part A, Section I(a), the following point is inserted after point 11:

‘11.1. Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc bGoodey’.

3. In Annex I, Part A, Section II(a), the following points are inserted after point 6:

‘6.1. Meloidogyne chitwoodi Golden et al.

(all populations)

6.2. Meloidogyne fallax Karssen’.

4. In Annex I, Part A, Section II(a), the following point is inserted after point 8:

‘8.1. Rhizoecus hibisci Kawai bTakagi’.

5. In Annex II, Part A, Section I(a), point 12, the text in the right-hand column is replaced by the fol-

lowing:

‘Plants of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. and Rosa L., intended for planting, other
than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries’.

6. In Annex II, Part A, Section II(d), point 15, the right-hand column, the following words are added:

‘other than seeds’.

7. In Annex II, Part A, Section II(d), the following point is added:

‘16. Tomato yellow leaf curl virus

Plants of Lycopersicon lycopersicum (L.) Karsten ex
Farw., intended for planting, other than seeds’.

8. In Annex III, Part A, point 9 is replaced by the following:

‘9.

Plants of Chaenomeles Lindl., Cydonia
Mill., Crateagus L., Malus Mill., Prunus
L., Pyrus L. and Rosa L.,
intended for
planting, other than dormant plants free
from leaves, flowers and fruit

9.1 Plants of Photinia Ldl., intended for plan-
ting, other than dormant plants free from
leaves, flowers and fruit

Non-European countries

USA, China, Japan,
Korea Democratic People’s Republic’

the Republic of Korea and

9. In Annex III, Part A, point 12, the text in the left-hand column is replaced by the following:

‘Tubers of species of Solanum L. and their hybrids, other than those specified in points 10 and 11’.

21. 1. 98

‹

EN

‹

Official Journal of the European Communities

L 15/29

10. In Annex IV, Part A, Section I, point 16, the text in the left-hand column is replaced by the following:

‘From 15 February to 30 September, fruits of Prunus L., originating in non-European countries’.

11. In Annex IV, Part A, Section I, point 25.4, right-hand column, the following is added:

‘and

(cc) either, the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations)

and Meloidogyne fallax Karssen are known not to occur; or

(dd) in areas where Meloidogyne chitwoodi Golden et al.

(all populations) and Meloidogyne fallax

Karssen are known to occur,

— either the tubers originate from a place of production which has been found free from Meloido-
gyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an
annual survey of host crops by visual inspection of host plants at appropriate times and by visual
inspection both externally and by cutting of tubers after harvest from potato crops grown at the
place of production, or

— the tubers after harvest have been randomly sampled and, either checked for the presence of
symptoms after an appropriate method to induce symptoms, or laboratory tested, as well as
inspected visually both externally and by cutting the tubers, at appropriate times and in all cases
at the time of closing of the packages or containers before marketing according to the provi-
sions on closing in Council Directive 66/403/EEC (*), and no symptoms of Meloidogyne chit-
woodi Golden et al.

(all populations) and Meloidogyne fallax Karssen have been found.

(*) OJ 125, 11. 7. 1966, p. 2320/66.’

12. In Annex IV, Part A, Section I, point 43 is replaced by the following:

‘43. Naturally or

artificially dwarfed plants
than seeds,

intended for planting other
originating in non-European countries

(8.2),

(I) (8.1),

Without prejudice to the provisions applicable to
the plants listed in Annex III (A) (1), (2), (3), (9), (13),
(15), (16), (17), (18), Annex III (B) (1), and Annex IV
(A)
(12),
(9.2),
(13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20),
(22.1),
(26),
(27.1), (27.2), (28), (32.1), (32.2), (33), (34), (36), (37),
(38.1), (38.2), (39), (40), (42), where appropriate, offi-
cial statement that:

(22.2),

(23.1),

(23.2),

(25.6),

(11.1),

(11.2),

(25.5),

(9.1),

(10),

(24),

(a) the plants,

including those collected directly
from natural habitats, shall have been grown,
held and trained for at
two consecutive
years prior to dispatch in officially registered
to an officially
nurseries, which are subject
supervised control regime,

least

(b) the plants on the nurseries referred to in (a)

shall:

(aa) at least during the period referred to in (a):

— be potted, in pots which are placed on
shelves at least 50 cm above ground,

— have been subjected to appropriate treat-
to ensure freedom from non-
ments
European rusts;
the active ingredient,
concentration and date of application of
these treatments shall be mentioned on
the phytosanitary certificate provided for
in Article 7 of this Directive under the
rubric “disinfestation and/or disinfection
treatment”,

L 15/30

‹

EN

‹

Official Journal of the European Communities

21. 1. 98

— have been officially inspected at least six
times a year at appropriate intervals for
the presence of harmful organisms of
concern, which are those in the Annexes
to the Directive. These
inspections,
which shall also be carried out on plants
in the immediate vicinity of the nur-
series referred to in (a), shall be carried
out at
least by visual examination of
each row in the field or nursery and by
visual examination of all parts of
the
plant above the growing medium, using
a random sample of at least 300 plants
from a given genus where the number of
plants of that genus is not more than
3 000 plants, or 10 % of the plants if
there are more than 3 000 plants from
that genus,

— have been found free, in these inspec-
tions, from the relevant harmful organ-
isms of concern as
specified in the
previous indent. Infested plants shall be
removed. The remaining plants, where
appropriate, shall be effectively treated,
and in addition shall be held for an
appropriate period and inspected to
ensure freedom from such harmful or-
ganisms of concern,

— have been planted in either an unused
artificial growing medium or in a natural
been
growing medium, which has
treated by fumigation or by appropriate
heat treatment and has been examined
afterwards and found free of any harmful
organisms,

— have been kept under conditions which
ensure that
the growing medium has
been maintained free from harmful or-
ganisms and within two weeks prior to
dispatch, have been:

— shaken and washed with clean water
growing

to remove
medium and kept bare rooted, or

the original

— shaken and washed with clean water
growing
to remove
medium and replanted in growing
medium which meets the conditions
laid down in (aa) fifth indent, or

the original

— subjected to appropriate treatments
to ensure that the growing medium
is free from harmful organisms; the
active ingredient, concentration and
date of application of
these treat-
ments shall be mentioned on the
phytosanitary certificate provided for
in Article 7 of this Directive under
the rubric “disfestation and/or disin-
fection treatment”,

21. 1. 98

‹

EN

‹

Official Journal of the European Communities

L 15/31

(bb) be packed in closed containers which have
been officially sealed and bear the registra-
tion number of the registered nursery; this
number shall also be indicated under the
on the
rubric
phytosanitary certificate, provided for
in
Article 7 of
this Directive, enabling the
consignments to be identified;’

declaration”

“additional

13. In Annex IV, Part A, Section I, the following point is inserted after point 45:

‘45.1 Plants of Lycopersicon lycopersicum (L.)
Karsten ex Farw.
intended for planting,
other than seeds, originating in countries
where Tomato yellow leaf curl virus is
known to occur

Without prejudice to the requirements applicable to
plants listed in Annex III (A) (13) and Annex IV (A)
(I)

(25.6) and (25.7) where appropriate

(25.5),

(a) Where Bemisia tabaci Genn.

is not

know to occur

Official statement
that no symptoms of Tomato
yellow leaf curl virus have been observed on the
plants

(b) Where Bemisia tabaci Genn.

is

Official statement that:

known to occur

(a) no symptoms of Tomato yellow leaf curl virus

have been observed on the plants, and

(aa)

the plants originate in areas known to be
free from Bemisia tabaci Genn.; or

(bb) the place of production has been found free
from Bemisia tabaci Genn. on official
inspections carried out at
least monthly
during the three months prior to export;

or

(b) no symptoms of Tomato yellow leaf curl virus
have been observed on the place of production
and the place of production has been subjected
to an appropriate treatment and monitoring
regime to ensure freedom from Bemisia tabaci
Genn.’

14. In Annex IV, Part A, Section I, point 46, right-hand column ‘and (45.1)’ is inserted after ‘(45)’.

15. In Annex IV, Part A, Section II, point 19.1, right-hand column, the following is added:

‘and

(e) either, the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations)
and Meloidogyne fallax Karssen are known not to occur; or in areas where Meloidogyne chitwoodi
Golden et al.

(all populations) and Meloidogyne fallax Karssen are known to occur,

— either the tubers originate from a place of production which has been found free from Meloido-
gyne chitwoodi Golden et al.
(all populations) and Meloidogyne fallax Karssen based on an
annual survey of host crops by visual inspection of host plants at appropriate times and by visual
inspection both externally and by cutting of tubers after harvest from potato crops grown at the
place of production, or

L 15/32

‹

EN

‹

Official Journal of the European Communities

21. 1. 98

— the tubers after harvest have been randomly sampled and, either checked for the presence of
symptoms after an appropriate method to induce symptoms or laboratory tested, as well as
inspected visually both externally and by cutting the tubers, at appropriate times and in all cases
at the time of closing of the packages or containers before marketing according to the provisions
on closing in Council Directive 66/403/EEC, and no symptoms of Meloidogyne chitwoodi
Golden et al.

(all populations) and Meloidogyne fallax Karssen have been found.’

16. In Annex IV, Part A, Section II, the following point is inserted after point 27:

‘27.1 Plants of Lycopersicon lycopersicum (L.)
Karsten ex Farw., intended for planting,
other than seeds

Without prejudice to the requirements applicable to
the plants, where appropriate, listed in Annex IV (A)
(II) (19.6) and (24), official statement that:

(a) the plants originate in areas known to be free

from Tomato yellow leaf curl virus,

or

(b) no symptoms of Tomato yellow leaf curl virus

have been observed on the plants, and

(aa)

the plants originate in areas known to be
free from Bemisia tabaci Genn.;

or

(bb) the place of production has been found free
from Bemisia tabaci Genn. on official
inspections carried out at
least monthly
during the three months prior to export;

or

(c) no symptoms of Tomato yellow leaf curl virus
have been observed on the place of production
and the place of production has been subjected
to an appropriate treatment and monitoring
regime to ensure freedom from Bemisia tabaci
Genn.’

17. In Annex IV, Part A, Section II, point 29.2, right-hand column, the word ‘or’ is inserted between (a) and

(b).

18. In Annex IV, Part B, point 24, the text in the left-hand column is replaced by the following:

‘Plants of Begonia L., intended for planting other than seeds, tubers and corms, and plants of Euphorbia
pulcherrima Willd., intended for planting, other than seeds, other than those for which there shall be
evidence by their packaging or their flower (or bract) development or by other means that they are
intended for sale to final consumers not involved in professional plant production.’

19. In Annex V, Part A(I), point 1.1, the word ‘Prunus L.’ is replaced by ‘Prunus L., other than Prunus

laurocerasus L. and Prunus lusitanica L.’.

20. In Annex V, Part A(I), point 2.1, the words ‘Prunus laurocerasus L., Prunus lusitanica L.’ are inserted

between ‘Populus L.’ and ‘Pseudotsuga Carr.’.

21. In Annex V, Part A(II), point 2.1 is replaced by the following:

‘Plants of Begonia L., intended for planting other than seeds, tubers and corms, and plants of Euphorbia
pulcherrima Willd, intended for planting, other than seeds’.

22. In Annex V, Part B(I), point 1, the words ‘or aquarium plants’ are deleted.

23. In Annex V, Part B(I), point 1, the words ‘Allium ascalonicum L.’ are inserted after ‘Zea mais L.’.

21. 1. 98

‹

EN

‹

Official Journal of the European Communities

L 15/33

24. In Annex V, Part B(I), point 2 is replaced by the following:

‘2. Parts of plants, other than fruits and seeds, of

— Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Pelargonium l’Herit ex Ait,

Phoenix spp., Populus L., Quercus L.,

— conifers (Coniferales),

— Acer saccharum Marsh., originating in North American countries,

— Prunus L., originating in non-European countries.’

25. In Annex V, Part B(I), point 5, second indent, the words ‘Castanea Mill.’ are deleted.