99/516/EC: Commission Decision of 28 July 1999 amending with retroactive effect Decision 1999/355/EC on emergency measures against the dissemination of Anoplophora glabripennis (Motschulsky) as regards China (except Hong Kong) (notified under document number C(1999) 2441)
Date: 1999-07-28
Institutions: European Commission
Subjects: China, import, originating product, plant disease, plant health control, wood product

29. 7. 1999

EN

Official Journal of the European Communities

L 197/43

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 July 1999

amending with retroactive effect Decision 1999/355/EC on emergency measures against the
dissemination of Anoplophora glabripennis (Motschulsky) as regards China (except Hong Kong)

(notified under document number C(1999) 2441)

(1999/516/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 77/93/EEC of 2I December
1976 on protective measures against the introduction into the
Community of organisms harmful to plants or plant products
their spread within the Community (1), as last
and against
amended by Commission Directive 1999/53/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 temporarily take any additional meas-
ures necessary to protect itself from that danger;

(2) Whereas as a result of interceptions of Anoplophora glab-
(Motschulsky) on wooden packing material
ripennis
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 Anoplo-
phora glabripennis (Motschulsky);

Community with a view to ensuring more efficient
protection against the introduction of Anoplophora glab-
ripennis (Motschulsky) into the Community from the said
country with the exclusion of Hong Kong; whereas,
these measures included the requirement
that wood,
other than wood of conifers (Coniferales) in the form of:

— 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

— wood used to wedge or support cargo,

including
wood which has not kept its natural round surface,
originating in China (except Hong Kong),

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;

(5) Whereas it has appeared that those emergency measures
did not provide for action in case of interceptions of
living specimens of the harmful organism concerned; on
whatever potential vector or carrier; it should therefore
be ensured that in such event Member States take action
to prevent the introduction or the spread of this harmful
organism;

(4) Whereas, on the basis of

the
Commission adopted, by Decision 1999/355/EC (3),
the whole
emergency measures

these interceptions,

applicable

to

(1) OJ L 26, 31.1.1977, p. 20.
(2) OJ L 142, 5.6.1999, p. 29.
(3) OJ L 137, 1.6.1999, p. 45.

(6) Whereas,

it seems that

the emergency measures as
adopted have caused practical problems for adjusting the
wooden packing and support material in respect of all
consignments of whatever product that has left or will
leave China since 10 June 1999 with Community desti-
nation;

L 197/44

EN

Official Journal of the European Communities

29. 7. 1999

(7) Whereas,

the circumstances justifying the emergency

measures still pertain;

(8) Whereas to allow China to adjust wooden package and
support material to the requirement of the said Decision
in a reasonable period of time, the said Decision should
be amended with retroactive effect
the
consignments leaving China before 10 July 1999 from
the aforesaid requirements of the Decision;

to exempt

(9) Whereas the measures provided for in this Decision are
the Standing

in accordance with the opinion of
Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

2. 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 measures spec-
ified in the Annex shall apply only to such wood leaving
China on or after 10 July 1999.'

Article 2

This Decision is addressed to the Member States.

With effect of 28 May 1999 Article I of Decision 1999/355/EC
is replaced by the following;

Done at Brussels, 28 July 1999.

‘Article I

1. Member States shall ban the introduction into and
spread within, the Community of Anoplophora glabripennis
(Motschulsky).

For the Commission

Franz FISCHLER

Member of the Commission