2000/58/EC: Commission Decision of 11 January 2000 authorising Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. as regards areas in Portugal, other than those in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known not to occur (notified under document number C(1999) 5193)
Date: 2000-01-11
Institutions: European Commission
Subjects: Portugal, parasitology, plant health control, plant health legislation, wood product

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Official Journal of the European Communities

26. 1. 2000

COMMISSION DECISION

of 11 January 2000

authorising Member States temporarily to take additional measures against the dissemination of
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. as regards areas in Portugal, other than
those in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. is known not to occur

(notified under document number C(1999) 5193)

(2000/58/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 introduction 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 1999/53/EC (2), and in
particular Article 15(3) thereof,

Whereas:

(1) Where a Member State considers that there is an immi-
nent danger of the introduction into its territory of
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.,
the pine wood nematode, from another Member State, it
may temporarily take any additional measures necessary
to protect itself from that danger.

(2)

(3)

(4)

(5)

Portugal
informed the other Member States and the
Commission on 25 June 1999 that some samples of
pine trees originating in its territory were identified as
infested by Bursaphelenchus xylophilus (Steiner et Bührer)
Nickle
supplied by
Portugal
indicated that more samples of pine trees
showed infestation by Bursaphelenchus xylophilus (Steiner
et Bührer) Nickle et al.

et al. Complementary reports

Sweden, on the basis of the abovementioned informa-
tion from Portugal, adopted on 29 September 1999,
certain additional measures including a special heat
treatment and the use of a plant passport, for all wood
leaving Portugal, with a view to strengthening protection
against
the introduction of Bursaphelenchus xylophilus
(Steiner et Bührer) Nickle et al. from Portugal.

It has not yet been possible either to identify the source
of contamination although elements indicate that pack-
aging material is the most likely pathway, or to deter-
mine the full extent thereof in Portugal.

It is therefore necessary for Portugal to take specific
measures. It may also be necessary for the other Member
States to adopt additional measures to protect them-
selves against that danger.

(1) OJ L 26, 31.1.1977, p. 20.
(2) OJ L 142, 5.6.1999, p. 29.

(7)

(8)

(9)

The above measures should refer to movements of
wood, isolated bark and host plants from Portugal to the
other Member States. However it is necessary not to
apply such measures to movements from area(s)
in
Portugal in which Bursaphelenchus xylophilus (Steiner et
Bührer) Nickle et al. is known not to occur, into the
other Member States, and to Thuja L.

is also necessary that Portugal

It
take measures to
control the spread of Bursaphelenchus xylophilus (Steiner
et Bührer) Nickle et al. with the aim of eradication.

If it becomes apparent that the emergency measures
referred to in the present Decision are not sufficient to
prevent the entry of Bursaphelenchus xylophilus (Steiner et
Bührer) Nickle et al., or have not been complied with,
more stringent or alternative measures should be envis-
aged.

The effect of the emergency measures will be assessed
continually during 1999/2000, in particular on the basis
of information to be provided by Portugal and the other
Member States. Possible subsequent measures applicable
to the introduction of wood, and isolated bark of Coni-
fers (Coniferales), except that of Thuja L., and plants of
Abies Mill., Cedrus Trew, Lariz Mill, Picea A. Dietr., Pinus
L., Pseudotsuga Carr. and Tsuga Carr., other than fruit and
seeds, caning from Portugal will be considered in the
light of the results of that assessment.

(10)

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

HAS ADOPTED THIS DECISION:

Article 1

Portugal shall ensure for wood and isolated bark as specified in
the Annex to this Decision and plants of Abies Mill., Cedrus
Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and
Tsuga Carr., other than fruit and seeds, until 31 December
2000, that at least the conditions laid down in the Annex are
met, if the said wood, isolated bark and/or plants are to be
moved from areas(s) in Portugal, other than those in which
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.
is
known not to occur, established in accordance with the provi-
sions of Article 4, either within Portugal or into other Member
States.

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The conditions specified in point (a) of the Annex to this
Decision, shall apply only to consignments leaving Portugal
after 31 January 2000.

Article 19a of Directive 77/93/EEC under the procedure laid
down therein.

Article 2

The Member States of destination other than Portugal:
— may subject consignments of wood, and isolated bark as
specified in the Annex to this Decision and plants of Abies
Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L.,
Pseudotsuga Carr. and Tsuga Carr., other than fruit and
seeds, coming from Portugal and moved into their territory
to testing for the presence of Bursaphelenchus xylophilus
(Steiner et Bührer) Nickle et al.,

— may take further appropriate steps to carry out official
monitoring in respect of wood, and isolated bark as spec-
fied in the Annex to this Decision and of plants of Abies
Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L.,
Pseudotsuga Carr. and Tsuga Carr., other than fruit and
seeds, coming from Portugal and moved into their territory.

Article 3

Member States shall conduct official surveys for Bursaphelenchus
xylopfilus (Steiner et Bührer) Nickle et al., on wood, and isolated
bark as specified in the Annex to this Decision and of plants of
Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L.,
Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds,
originating in their country, for the confirmation of absence of
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.

The results of the surveys provided for in the first paragraph
shall be notified to the other Member States and to the
Commission by 15 October 2000. However, by 15 January
2000, a first report of the results of the survey conducted in
Portugal shall be submitted to the other Member States and to
the Commission.

The survey conducted by Portugal in accordance with the first
paragraph may be monitored by the experts referred to in

Article 4

Portugal shall establish areas in which Bursaphelenchus
1.
xylophilus (Steiner et Bührer) Nickle et al
is known not to
occur, taking into account the results of the surveys referred to
in Article 3 carried out in these areas.

The Commission shall compile a list of ‘areas’ in which
2.
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al
is
known not to occur and convey such a list to the Standing
Committee on Plant Health and to the Member States.

Article 5

The Member States shall adjust at the latest by 31 January
2000 the measures which they have adopted with a view to
protecting themselves against the introduction and the spread
of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. in
such a manner that the measures comply with Articles 1 and 2.

Article 6

This Decision shall be reviewed by 15 November 2000 at the
latest.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 11 January 2000.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

For the purpose of Article 1, the following conditions shall be complied with:

(a) MOVEMENTS INTO OTHER MEMBER STATES

aa) Plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.,

other than fruit and seeds:

Official statement that:

— the plants have been officially inspected and found free from signs or symptoms of Bursaphelenchus xylophilus

(Steiner et Bührer) Nickle et al.,

— no symptoms of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. have been observed at the place of
production or in its immediate, vicinity since the beginning of the last complete cycle of vegetation,

and

— shall be accompanied by a plant passport prepared and issued in accordance with the provisions of

Commission Directive 92/105/EEC (1).

ab) Wood and isolated bark of conifers (Coniferales), except that of Thuja L., other than wood in form of:

— chips, particles, wood waste or scrap obtained in whole or part from these conifers,

— packing cases, crates or drums,

— pallets, box pallets or other load boards,

— dunnage, spacers and bearers,

but including that which has not kept its natural round surface and isolated bark:

official statement that the wood or the isolated bark shall:

— have undergone an appropriate heat treatment to achieve a minimum wood core temperature of 56 °C for 30
minutes in order to ensure freedom from live Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.,

and

— be accompanied by the said plant passport.

ac) Wood of conifers (Coniferales), except that of Thuja L. in the form of chips, particles, wood waste or

scrap obtained in whole or part from these conifers:

official statement that the wood shall:

— have undergone an appropriate fumigation treatment in order to ensure freedom from live Bursaphelenchus

xylophilus (Steiner et Bührer) Nickle et al.,

and

— be accompanied by the said plant passport.

ad) Wood of conifers (Coniferales), except that of Thuja L., in the form of packing cases, crates, drums,
pallets, box pallets or other load boards, dunnage, spacers and bearers, including that which has not kept
its natural round surface:

the wood shall:

— be stripped of its bark,

— be free from grub holes which are larger than 3 mm across,

— have a moisture content expressed as a percentage of dry matter of less than 20 % achieved at time of

manufacture.

(b) MOVEMENTS WITHIN PORTUGAL

ba) Plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.,

other than fruit and seeds

— grown in places of production where no symptoms of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et
al. have been observed, or in its immediate vicinity since the beginning of the last complete cycle of
vegetation and found free from signs or symptoms of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.
during official inspections, shall be accompanied by the said plant passport when moved from the place of
production,

(1) OJ L 4, 8.1.1993, p. 22.

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— grown in places of production where symptoms of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.
have been observed, or in its immediate vicinity, since the beginning of the last complete cycle of vegetation
or identified as infested by Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al. shall not be moved from
the place of production and shall be destroyed by burning,

— grown in places, such as forests, public or private gardens, which are either identified as infested by
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al., or showing any symptom of poor health in areas
officially demarcated as infested areas, or situated in salvage areas, shall be felled immediately under official
control.

bb) In the period between 1 November and 1 March, wood of conifers (Coniferales), except that of Thuja L.,

originating in areas:

bba) where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.

is known to occur:

bbaa)

in the form of roundwood or sawnwood, with or without bark, obtained from such conifers, and
identified as infested by Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al., or situated in salvage
areas, or showing any symptoms of poor health, shall either be:

— destroyed by burning in the immediate vicinity of the place of felling, or

— moved under official control to be chipped and utilised at a wood-processing facility in the infested

area, or

— moved under official control to an industrial plant within the infested area for use as fuel wood within

those premises, or

— stripped of bark at the place of felling or within the immediate vicinity prior to being moved under
official control to a processing plant, anywhere in Portugal, where the wood before 2 March may either
be

— chipped and used for industrial purposes, or

— heat treated in such a way that a minium wood core temperature of 56 °C for 30 minutes has been
achieved. Further movement of this heat treated wood is allowed when the wood is accompanied
by the said plant passport;

bbab)

in the form of roundwood or sawnwood, with or without bark, obtained from such conifers showing no
symptoms of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al., shall be moved under official
control to a wood processing facility, anwhere within Portugal, where the wood shall either be:

— chipped and used for industrial purposes, or

— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been
achieved. Further movement of this heat-treated wood is allowed when the wood is accompanied by
the said plant passport;

bbb) where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.

is not known to occur:

bbba)

in the form of roundwood or sawnwood, with or without bark, obtained from such conifers showing
wilting symptoms, shall be sampled and tested for the presence of Bursaphelenchus xylophilus (Steiner et
Bührer) Nickle et al.. In the case of confirmation of the presence of Bursaphelenchus xylophilus (Steiner et
Bührer) Nickle et al., the wood shall be subject to the provisions referred to in (bbaa), and the area shall be
demarcated as an infested area;

bbbb) in the form of roundwood or sawnwood, may be moved anywhere in Portugal. If moved into infested

area(s) such wood shall be:

— stored separately from other wood of conifers and shall be identified by species, place of origin and

producer,

— stripped of its bark before 2 March.

bc) In the period between 2 March and 31 October wood of conifers (Coniferales), except that of Thuja L., in

the form of roundwood, or sawnwood originating in areas:

bca)

in which Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.

is known to occur:

bcaa) obtained from such conifers, and identified as infested by Bursaphelencus xylophilus (Steiner et Bührer) Nickle
et al., or situated in salvage areas, or showing any symptoms of poor health, shall either be:

— within the infested area, immediately destroyed under official control at appropriate places by burning,

or

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— within the infested area, immediately stripped of bark at appropriate places outside the forest before
being moved under official control to storage places which have appropriate and approved wet storage
facilities, available at least during the above period, with a view to a further movement to either:

— premises within the infested area to be immediately chipped and used for industrial purposes,

or

— premises within the infested area for immediate use as fuel within those premises.

bcab) obtained from such conifers showing no symptoms of Bursaphelenchus xylophilus (Steiner et Bührer) Nickle
et al., shall be immediately stripped of bark at the place of felling or in the immediate vicinity prior to
being moved under official control to premises within the infested area where the wood shall be either:

— chipped and used for industrial purposes, or

— heat treated in such a way that a minimum wood core temperature of 56 °C for 30 minutes has been
achieved. Further movement of this heat-treated wood is allowed when the wood is accompanied by
the said plant passport;

bcb) where Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.

is not known to occur:

bcba)

in the form of roundwood or sawnwood, with or without bark, obtained from such conifers showing
wilting symptoms, shall be sampled and tested for the presence of Bursaphelenchus xylophilus (Steiner et
Bührer) Nickle et al.. In the case of confirmation of the presence of Bursaphelenchus xylophilus (Steiner et
Bührer) Nickle et al., the wood shall be subject to the provisions referred to in (bcaa), and the area shall be
demarcated as an infested area.

bcbb) in the form of roundwood or sawnwood, may be moved anywhere in Portugal. If moved into infested

area(s) such wood shall be:

— stored separately from other wood of conifers and shall be identified by speicies, place of origin and

producer,

— immediately stripped of its bark.

bd) Isolated bark of conifers (Coniferales), except that of Thuja L. originating in areas in which Bursaphelen-

chus xylophilus (Steiner et Bührer) Nickle et al. is known to occur, shall be:

— destroyed by burning or used as fuel at an industrial processing facility within the infested area, or

— heat treated in such a way that a minimum temperature of 56 °C for 30 minutes has been achieved
throughout the bark. Further movement of this heat-treated bark is allowed when the bark is accompanied by
the said plant passport.

be) Wood of conifers (Coniferales), except that of Thuja L, originating in areas in which Bursaphelenchus
xlophilus (Steiner et Bührer) Nickle et al. is known to occur, in the form of waste produced at the time of
felling, shall be immediately burned at appropriate places within the infested areas under official control.

bf) Wood of conifers (Coniferales), except that of Thuja L., originating in areas in which Bursaphelenchus
xylophilus (Steiner et Bührer) Nickle et al. is known to occur, in the form of waste produced during
wood processing, shall not be moved and shall within the infested areas either be immediately burned at
appropriate places under official control or used as fuel wood at the processing facility.