2001/219/EC: Commission Decision of 12 March 2001 on temporary emergency measures in respect of wood packing comprised in whole or in part of non-manufactured coniferous wood originating in Canada, China, Japan and the United States of America (notified under document number C(2001) 694)
Date: 2001-03-12
Institutions: European Commission
Subjects: Canada, China, Japan, United States, parasitology, plant health legislation, wood product

21.3.2001

EN

Official Journal of the European Communities

L 81/39

COMMISSION DECISION

of 12 March 2001

on temporary emergency measures in respect of wood packing comprised in whole or in part of
non-manufactured coniferous wood originating in Canada, China, Japan and the United States of
America

(notified under document number C(2001) 694)

(2001/219/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000
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), and in
particular Article 16(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 Buhrer) Nickle et al.,
the pine wood nematode (PWN), from a non-member
country, it shall temporarily take any additional meas-
ures necessary to protect itself from that danger.

(2)

(3)

(4)

Finland informed the other Member States and the
Commission that in monitoring inspections carried out
in 2000 numerous infestations of non-manufactured
coniferous wood packing material originating in Canada,
Japan and the United States of America with PWN have
been found. Moreover, infestations of non-manufactured
coniferous wood packing material originating in Canada
and China were also reported by Sweden and France
respectively.

Finland took official emergency measures stipulating
that as of 31 May 2000, packing material consisting of
wood of conifers, except Thuja L., but including wood to
support or wedge cargo, originating in non-member
countries where PWN is known to occur
(namely
Canada, China, Japan, the Republic of Korea, Mexico,
Taiwan and the United States of America), must, when
entering into Finland, be accompanied by a phytosani-
tary certificate certifying that the wood has undergone
one of the treatments specified in the Finnish emergency
measures.

Directive 2000/29/EC currently requires that, in order to
protect the Community from the introduction of PWN,
non-manufactured coniferous wood originating in non-
member countries where the nematode is found must be
free of bark and grub holes, and have a moisture content
less than 20 %. The abovementioned information
of
these
from Finland, France and Sweden shows that

(1) OJ L 169, 10.7.2000, p. 1.

measures are not sufficient to protect the Community
adequately against the introduction of PWN when such
wood is imported from Canada, China, Japan and the
United States of America. Therefore temporary emer-
gency measures are necessary.

These emergency measures should apply to imports of
non-manufactured wood packing obtained in whole or
in part of coniferous wood, originating in Canada,
China, Japan and the United States of America, into the
Community. However, it is not necessary to apply such
measures to wood of Thuja L., because Thuja L. is not
susceptible to PWN.

The emergency measures should be applied in two steps.
In the first step, the Member States should immediately
take any appropriate measures for official monitoring of
the said wood in order to further reduce the risk of
introduction into or spread within the Community of
PWN. This would enable the countries where the nema-
tode is known to occur, to organise treatment of wood
packing, comprised in whole or in part of non-manufac-
tured coniferous wood, except
in
compliance with the requirements of this Decision as the
second step.

that of Thuja L.,

Measures to be taken in cases of non-compliance should
be specified.

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
Buhrer) Nickle et al., or have not been complied with,
more stringent or alternative measures
should be
envisaged.

The effect of the emergency measures should be assessed
continually until 15 June 2002,
in particular on the
basis of information to be provided by Member States.
Possible subsequent measures will be considered in the
light of the results of that assessment.

(5)

(6)

(7)

(8)

(9)

(10)

The above emergency measures will also be reviewed in
the light of
the outcome of discussions currently
ongoing in respect of the development of a FAO Inter-
national Standard on ‘Guidelines for regulating non-
manufactured wood packing in use for the transport of
commodities.’

L 81/40

EN

Official Journal of the European Communities

21.3.2001

(11)

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

For the purposes of

this Decision ‘susceptible wood’
1.
means wood packing comprised in whole or in part of non-
manufactured wood of conifers (Coniferales), except
that of
Thuja L., originating in Canada, China, Japan and the United
States of America in the form of packing cases, boxes, crates,
drums and similar packings, pallets, box pallets and other load
boards, pallet collars, whether or not actually in use in the
transport of objects of all kinds.

2.
Susceptible wood may only be introduced into the terri-
tory of the Community if it complies with the emergency
measures laid down in the Annex to this Decision.

3.
The provisions specified in points 1, 2 and in point 3
second indent of the Annex to this Decision shall apply only to
susceptible wood destined for the Community and originating
in the above countries on or after 1 October 2001. The provi-
sions specified in point 3 first indent of the Annex to this
Decision shall apply from the date of notification of
this
Decision to the Member States, without prejudice to the provi-
sions of Article 4.

4.
The measures laid down in Part A, Section I, point 1.3 of
Annex IV to Directive 2000/29/EC shall not apply to suscept-
ible wood which has been treated in accordance with the
requirements of the Annex to this Decision.

— refused entry into the Community,
— destroyed by either:

— incineration,
— deep burial

in sites approved by responsible official

bodies referred to in Directive 2000/29/EC, or

— processing in an officially approved manner that elimi-
(Steiner et Buhrer)

nates Bursaphelenchus xylophilus
Nickle et al.

All such measures shall be carried out under the official super-
vision of the Member State concerned.

Article 3

Without prejudice to the provisions of Commission Directive
94/3/EC (1), each Member State importing susceptible wood
shall provide the Commission and the other Member States,
before 28 February 2002, with a detailed technical report on
the results of the monitoring it has undertaken pursuant to
point 3 of the Annex to this Decision.

Article 4

Member States shall adjust at the latest by 30 September 2001
the measures which they have adopted with a view to
protecting themselves against the introduction and the spread
of Bursaphelencus xylophilus (Steiner et Buhrer) Nickle et al. in
such a manner that the measures comply with Articles 1, 2 and
3, and shall forthwith inform the Commission of the adjusted
measures.

This Decision shall be reviewed by 15 June 2002 at the latest.

Article 5

Article 2

This Decision is addressed to the Member States.

Article 6

When, on the basis of the monitoring provided for in point 3
of the Annex to this Decision, it appears that the provisions
referred to in the Annex to this Decision have not been
complied with in relation to susceptible wood, the Member
State concerned shall ensure that the susceptible wood is either:

— treated in an officially approved manner that eliminates
Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.,

Done at Brussels, 12 March 2001.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 32, 5.2.1994, p. 37; Corrigendum (OJ L 59, 3.3.1995, p. 30).

21.3.2001

EN

Official Journal of the European Communities

L 81/41

ANNEX

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

1. Susceptible wood originating in Canada, Japan or the United States of America:

(i) shall be heat treated or kiln dried to a minimum core temperature of 56 °C for at least 30 minutes in a closed

chamber or kiln which has been tested, evaluated and approved officially for this purpose.
In addition the susceptible wood shall display an officially approved heat-treated or kiln-dried marking enabling
the identification of where and by whom the above treatment has been carried out; or

(ii) shall have been pressure (impregnated) treated with an approved chemical

in accordance with an officially
recognised technical specification. In addition the susceptible wood shall display a marking enabling the identifica-
tion of where and by whom the above treatment has been carried out; or

(iii) shall have been fumigated with an approved chemical

in accordance with an officially recognised technical
specification. In addition the susceptible wood shall display a marking enabling the identification of where and by
whom the above fumigation has been carried out.

2. Susceptible wood originating in China shall be subjected to one of the measures mentioned in point 1 of this Annex,
and be accompanied by a certificate referred to in Articles 7 and 8 of Directive 2000/29/EC attesting to the measures
carried out.

By way of derogation, and without prejudice to the provisions laid down in Annex IV to Directive 2000/29/EC, the
measures referred to in point 1 of this Annex are not applicable to susceptible wood originating in areas established by
China in which Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. is known not to occur taking into account the
results of surveys carried out in these areas. The Commission shall compile a list of areas in which Bursaphelenchus
xylophilus (Steiner et Buhrer) 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.

3. Compliance with the provisions referred to in:

— Part A, Section I, point (a) 14 of Annex I, Part A, Section I, point (a) 8 of Annex II and, until 30 September 2001,

Part A, Section I, point 1.3 of Annex IV to Directive 2000/29/EC; and

— points 1 and 2 of this Annex,

shall be monitored by and in accordance with a plan set out by the responsible official bodies referred to in Directive
2000/29/EC.