1999/355/EC: Commission Decision of 26 May 1999 on emergency measures against the dissemination of Anoplophora glabripennis (Motschulsky) as regards China (except Hong Kong) (notified under document number C(1999) 1346)
Date: 1999-05-26
Institutions: European Commission
Subjects: China, import, originating product, plant disease, plant health control, wood product

1. 6. 1999

EN

Official Journal of the European Communities

L 137/45

COMMISSION DECISION

of 26 May 1999

on emergency measures against the dissemination of Anoplophora glabripennis
(Motschulsky) as regards China (except Hong Kong)

(notified under document number C(1999) 1346)

(1999/355/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

or

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 98/2/EC (2), and in particular Article 15(3)
thereof,

(1) Whereas, where a Member State considers that
there is an imminent danger of the introduction
into its
territory of Anoplophora glabripennis
(Motschulsky) from a third country, it may tempor-
arily take any additional measures necessary to
protect itself from that danger;

(2) Whereas as a result of interceptions of Anoplo-
(Motschulsky) on wooden
phora glabripennis
packing material made from hardwood originating
in some areas of China, the United Kingdom took
official measures on 14 December 1998 in order to
protect its territory from the danger of introduction
of the said organism and set up additional specific
monitoring procedures for the said organism on
the said commodity;

(3) Whereas on the basis of information provided by
the United Kingdom and international scientific
technical literature, Hong Kong is known to be
free from Anoplophora glabripennis (Motschulsky);

to

(4) Whereas, on the basis of these interceptions emer-
gency measures
the whole
applicable
Community should be taken with a view to
ensuring more efficient protection against
the
introduction
glabripennis
(Motschulsky) into the Community from the said
country with the exclusion of Hong Kong; whereas,
these measures should include the requirement
that wood, other than wood of conifers (Conifer-
ales), originating in China (except Hong Kong), in
the form of:

Anoplophora

of

(cid:190) cases, boxes, crates, drums and similar packings,
pallets, box pallets and other load boards, pallet
collars, actually in use in the transport of
objects of all kinds,

(cid:190) wood used to wedge or support cargo, including
its natural round

wood which has not kept
surface,

shall be stripped of its bark and shall be free of
insect bore holes greater than 3 mm across, or
content,
kiln-dried to below 20 % moisture
expressed as a percentage of dry matter achieved
through an appropriate time/temperature schedule;

(5) Whereas, if it becomes apparent that the emer-
gency measures referred to in Article 1 of this
Decision, are not sufficient to prevent the entry of
Anoplophora glabripennis (Motschulsky) or have
not been complied with, more stringent or altern-
ative measures should be envisaged;

(6) Whereas the effects of the emergency measures will
be monitored and assessed continually during 1999
and possible subsequent measures will be consid-
ered in the light of the results of that monitoring
and assessment by 31 December 1999 at the latest;

(7) Whereas

in this
the measures provided for
Decision are in accordance with the opinion of the
Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

Wood as specified in the Annex to this Decision and
which originates in China (except Hong Kong) may be
introduced into the territory of the Community only if
the emergency measures as laid down in the said Annex
to this Decision are complied with. The emergency meas-
ures specified in the Annex shall apply only to such wood
leaving China on or after 10 June 1999.

Article 2

Without prejudice to the provisions of Commission
Directive 94/3/EC (3), the importing Member States shall
provide the Commission and the other Member States,
before 31 October 1999, with a detailed technical report
on the official monitoring referred to in point 2 of the
Annex.

(1) OJ L 26, 31.1.1977, p. 20.
(2) OJ L 15, 21.1.1998, p. 34.

(3) OJ L 32, 5.2.1994, p. 37 and corrigendum: OJ L 59, 3.3.1995,

p. 30.

L 137/46

EN

Official Journal of the European Communities

1. 6. 1999

Article 3

Article 5

The Member States shall adjust the measures which they
have adopted with a view to protecting themselves against
the introduction and spread of Anoplophora glabripennis
(Motschulsky) in such a manner that the measures comply
with Article 1.

Article 4

This Decision shall be reviewed by 31 December 1999 at
the latest.

This Decision is addressed to the Member States.

Done at Brussels, 26 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

For the purpose of the provisions of Article 1, the following emergency measures shall be complied with:

1. Wood, originating in China (except Hong Kong), other than wood of conifers (Coniferales), in the form of:

(cid:190) cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars,

actually in use in the transport of objects of all kinds,

or

(cid:190) wood used to wedge or support cargo, including wood which has not kept is natural round surface,

shall be stripped of its bark and shall be free of insect bore holes greater than 3 mm across, or
kiln-dried to below 20 % moisture content, expressed as a percentage of dry matter achieved through
an appropriate time/temperature schedule.

2. Compliance with the provisions referred to in paragraph 1 shall be monitored by the responsible official

bodies referred to in Directive 77/93/EEC.