Commission Directive 2002/29/EC of 19 March 2002 amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant health risks in the Community
Date: 2002-03-19
Institutions: European Commission
Subjects: EU Member State, parasitology, plant disease, plant health control, protected area, protection of plant life

L 77/26

EN

Official Journal of the European Communities

20.3.2002

COMMISSION DIRECTIVE 2002/29/EC

of 19 March 2002

amending Directive 2001/32/EC as regards certain protected zones exposed to particular plant
health risks in the Community

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 the first subparagraph of Article 2(1)(h) thereof,

Having regard to Commission Directive 2001/32/EC of 8 May
2001 recognising protected zones exposed to particular plant
health risks in the Community and repealing Directive 92/
76/EEC (3) and in particular Article 2 thereof,

Whereas:

(1)

(2)

(3)

(4)

Ireland,

Under Directive 2001/32/EC,
Italy (Emilia-
Romagna: provinces of Forlí-Cesena, Parma, Piacenza
and Rimini; Lombardia; Trentino-Alto Adige: auto-
nomous province of Bolzano; Veneto), and Austria
(Burgenland, Kärnten, Niederösterreich, Osttirol, Steier-
mark, Wien), were provisionally recognised as ‘protected
zones’ in respect of Erwinia amylovora (Burr.) Winsl. et al.
for a period expiring on 31 March 2002.

Under Directive 2001/32/EC, the United Kingdom was
provisionally recognised as a protected zone for beet
necrotic yellow vein virus for a period expiring on 31
March 2002.

that

recognition of

the provisional

From information supplied by Austria, Ireland and Italy
it appears
the
protected zones for those countries in respect of Erwinia
amylovora (Burr.) Winsl. et al. should exceptionally be
extended for a further period to enable the responsible
official bodies of those countries to complete the infor-
mation on the distribution of Erwinia amylovora (Burr.)
Winsl. et al. and to complete efforts for the eradication
of this harmful organism in the areas concerned.

From information supplied by Italy it appears that the
protected zone of Apulia should no longer be recog-
nised as a permanent protected zone in respect of
Erwinia amylovora (Burr.) Winsl. et al. but should now be
provisionally recognised as a protected zone as regards
Erwinia amylovora (Burr.) Winsl. et al. for a limited period
expiring on 31 March 2003 to enable the responsible
official bodies to complete the information on the

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 127, 9.5.2001, p. 42.
(3) OJ L 127, 9.5.2001, p. 38.

distribution of Erwinia amylovora (Burr.) Winsl. et al. and
to complete efforts for the eradication of this harmful
organism within this protected zone.

From information supplied by Italy it appears that some
parts of the province of Veneto should no longer be
recognised as protected zones in respect of Erwinia
amylovora (Burr.) Winsl. et al. because it appears to be
widespread within those zones whilst the provisional
recognition as protected zones for other zones in respect
of Erwinia amylovora (Burr.) Winsl. et al. should be
extended exceptionally for a further limited period.

From information supplied by the United Kingdom on
the presence of beet necrotic yellow vein virus it appears
that it is no longer appropriate to maintain the protected
zone for the whole of the United Kingdom in respect of
beet necrotic yellow vein virus but should be restricted
to Northern Ireland only.

Under Directive 2001/32/EC Sweden was recognised as
a protected zone on a permanent basis in respect of beet
necrotic yellow vein virus. From information supplied
by Sweden on the presence of beet necrotic yellow vein
virus it appears that Sweden should now be provision-
ally recognised as a protected zone as regards beet
necrotic yellow vein virus for a limited period expiring
on 31 March 2003 to enable the responsible official
bodies to complete the information on the distribution
of beet necrotic yellow vein virus and to complete
efforts for the eradication of this harmful organism.

The definition of the plants for which protected zones
were recognised as regards Citrus tristeza virus should be
modified.

From information supplied by the United Kingdom
based on updated surveys it appears that the protected
zone recognised for Dendroctonus micans Kugelan in the
United Kingdom should be modified.

(5)

(6)

(7)

(8)

(9)

(10)

From information supplied by France based on updated
surveys it appears that the protected zone recognised for
Matsucoccus feytaudi Duc. in France should no longer be
maintained.

(11) Directive 2001/32/EC should,

therefore, be amended

accordingly.

(12)

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

20.3.2002

EN

Official Journal of the European Communities

L 77/27

HAS ADOPTED THIS DIRECTIVE:

2. the Annex is amended in accordance with the Annex to this

Article 1

Directive 2001/32/EC is hereby amended as follows:

1. Article 1 is amended as follows:

(a) the second paragraph is replaced by:

‘In the case of point (b)(2), for Ireland, for Italy (Puglia,
Emilia-Romagna: provinces of Forlí-Cesena, Parma,
Piacenza and Rimini; Lombardia; Trentino-Alto Adige:
autonomous province of Bolzano; Veneto: except in the
province of Rovigo the communes Rovigo, Polesella,
Villamarzana, Fratta Polesine, San Bellino, Badia Pole-
sine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà
Polesine, Costa di Rovigo, Occhiobello, Lendinara,
Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine,
Villanova del Ghebbo, Fiesso Umbertiano, Castelgu-
glielmo, Bagnolo di Po, Giacciano con Baruchella,
Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara,
and in the province of Padova the communes Castel-
baldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano,
Boara Pisani, Masi, and in the province of Verona the
communes of Palù, Roverchiara, Legnago (the portion of
the communal territory situated to the north east of the
road), Castagnaro, Ronco
Transpolesana
all'Adige, Villa Bartolomea, Oppeano, Terrazzo,
Isola
Rizza, Angiari), and for Austria (Burgenland, Kärnten,
(administrative district Lienz),
Niederösterreich, Tirol
Steiermark, Wien), the said zones are recognised until
31 March 2003';’

national

(b) the third paragraph is replaced by:

‘In the case of point (d)(1), the said zone in Sweden is
recognised until 31 March 2003’;

Directive.

Article 2

Member States shall adopt and publish by 31 March 2002 at
the latest the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.

They shall apply those provisions from 1 April 2002.

those provisions,

When Member States adopt
they shall
contain a reference to this Directive or shall be accompanied by
such reference on the occasion of their official publication.
Member States shall determine how such a reference is to be
made.

Article 3

This Directive shall enter into force on the third day following
its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 19 March 2002.

For the Commission

David BYRNE

Member of the Commission

L 77/28

EN

Official Journal of the European Communities

20.3.2002

ANNEX

1. Under heading (a),

in point 4, the entry in the right hand column is replaced by the following:

‘Greece, Ireland, United Kingdom (Scotland, Northern Ireland, Jersey, England: the following counties, districts and
unitary authorities: Barnsley, Bath and North East Somerset, Bedfordshire, Bournemouth, Bracknell Forest, Bradford,
Bristol, Brighton and Hove, Buckinghamshire, Calderdale, Cambridgeshire, Cornwall, Cumbria, Darlington, Devon,
Doncaster, Dorset, Durham, East Riding of Yorkshire, East Sussex, Essex, Gateshead, Greater London, Hampshire,
Hartlepool, Hertfordshire, Kent, Kingston upon Hull, Kirklees, Leeds, Leicester City, Lincolnshire, Luton, Medway
Council, Middlesbrough, Milton Keynes, Newbury, Newcastle upon Tyne, Norfolk, Northamptonshire, Northumber-
land, North Lincolnshire, North East Lincolnshire, North Tyneside, North West Somerset, Nottingham City, Notting-
hamshire, Oxfordshire, Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rotherham,
Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-on-Tees, Suffolk, Sunderland,
Surrey, Swindon, Thurrock, Torbay, Wakefield, West Sussex, Windsor and Maidenhead, Wokingham, York, the Isle of
Man, the Isle of Wight, the Isles of Scilly, and the following parts of counties, districts and unitary authorities; Derby
City: that part of the unitary authority which lies to the north of the northern boundary of the A52(T) road together
with that part of the unitary authority which lies to the north of the northern boundary of the A6(T) road; Derbyshire:
that part of the county which lies to the north of the northern boundary of the A52(T) road, and that part of the
county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire: that part of the county
which lies to the east of the eastern boundary of the Fosse Way Roman road; Leicestershire: that part of the county
which lies to the east of the eastern boundary of the Fosse Way Roman road, together with that part of the county
which lies to the east of the eastern boundary of the B4114 road, and that part of the county which lies to the east of
the eastern boundary of the M1 motorway; North Yorkshire: the whole county, except that part of the county which
comprises the district of Craven; South Gloucestershire: that part of the unitary authority which lies to the south of the
southern boundary of the M4 motorway; Staffordshire: that part of the county which lies to the east of the eastern
boundary of the A52(T) road and that part of the county which lies to the east of the eastern boundary of the A523
road; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman
road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway, and
that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road)’;

2. Under heading (a), point 14 is deleted.

3. Under heading (b),

in point 2, the entry in the right hand column is replaced by the following:

‘Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of
Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont;
Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta;
Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino,
Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara,
Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo,
Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of
Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the
province of Verona the communes Palù, Roverchiara, Legnago (the portion of the communal territory situated to the
north east of the Transpolesana national road), Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo,
Isola Rizza, Angiari), and for Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria,
Vienna), Portugal, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands)’;

4. Under heading (d), in point 1, in the right hand column, ‘United Kingdom’ is replaced by: ‘United Kingdom (Northern

Ireland)’.

5. Under heading (d), in point 3, in the left-hand column, ‘harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf.,

and their hybrids, with leaves and peduncles’

is deleted.