2002/124/EC: Commission Decision of 13 February 2002 amending Decision 2001/218/EC requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode) as regards areas in Portugal, other than those in which it is known not to occur (notified under document number C(2002) 472)
Date: 2002-02-13
Institutions: European Commission
Subjects: Portugal, parasitology, plant health control, plant health legislation, wood product

L 45/56

EN

Official Journal of the European Communities

15.2.2002

COMMISSION

COMMISSION DECISION

of 13 February 2002

amending Decision 2001/218/EC requiring Member States temporarily to take additional measures
against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the
pinewood nematode) as regards areas in Portugal, other than those in which it is known not to
occur

(notified under document number C(2002) 472)

(2002/124/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
their spread within the Community (1), as last
and against
amended by Commission Directive 2001/33/EC (2), 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
from another
Member State, it may temporarily take any additional
measures necessary to protect itself from that danger.

(PWN)),

(2)

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 the PWN. In consequence, the Commission
authorised Member States temporarily to take additional
measures against the dissemination of PWN, as regards
areas in Portugal, other than those in which it is known
not to occur. The currently applicable authorisation is
set out in Decision 2001/218/EC (3).

(3)

Following a further assessment by the FVO in October
2001 and additional information supplied by Portugal, it
appears that as a result of the application of an erad-
ication programme, the spread of PWN is still limited

(4)

(5)

(6)

(7)

within the demarcated area. However trees showing
symptoms of infestation by PWN were still found during
surveys of the area where it was previously known to
occur.

In official surveys carried out in 2001 by the other
Member States on wood,
isolated bark and plants of
Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus
L., Pseudotsuga Carr. and Tsuga Carr., originating in the
Member State concerned, none of the samples taken and
analysed tested positive for the presence of the PWN.

It is therefore necessary for Portugal to continue to take
specific measures to control the spread of PWN with the
aim of eradication. It may also be necessary for the other
Member States to continue to adopt additional measures
to protect themselves.

Since there is no new information giving cause for revi-
sion of these measures, Decision 2001/218/EC should
therefore be extended for another limited period, and be
amended accordingly.

The effect of the emergency measures will be assessed
continually during 2002 and 2003, in particular on the
basis of information to be provided by Portugal and the
other Member States. If it becomes apparent that the
emergency measures referred to in the present Decision
are not sufficient to prevent the spread of PWN or have
not been complied with, more stringent or alternative
measures should be envisaged.

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 127, 9.5.2001, p. 42.
(3) OJ L 81, 21.3.2001, p. 34.

(8)

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

15.2.2002

EN

Official Journal of the European Communities

L 45/57

HAS ADOPTED THIS DECISION:

Decision 2001/218/EC is amended as follows:

Article 1

1.

2.

3.

in the first paragraph of Article 2,

‘28 February 2002’

is replaced by ‘28 February 2003’;

in the second paragraph of Article 4,

‘15 November 2001’

is replaced by ‘15 November 2002’;

in Article 6,

‘15 December 2001’

is replaced by ‘15 December 2002’.

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 13 February 2002.

For the Commission

David BYRNE

Member of the Commission