Commission Directive 2002/28/EC of 19 March 2002 amending certain annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Date: 2002-03-19
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, plant health legislation, protection of plant life

20.3.2002

EN

Official Journal of the European Communities

L 77/23

COMMISSION DIRECTIVE 2002/28/EC

of 19 March 2002

amending certain annexes to Council Directive 2000/29/EC on protective measures against the
introduction into the Community of organisms harmful to plants or plant products and against
their spread within the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I, II, III and IV to Directive 2000/29/EC are amended
in accordance with the Annex to this Directive.

Article 2

1. 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,

they shall
When Member States adopt
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.

2. Member States shall
immediately communicate to the
Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive. The
inform the other Member States thereof.
Commission shall

Article 3

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

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 19 March 2002.

For the Commission

David BYRNE

Member of the Commission

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 14(c) thereof,

Having regard to the agreement of
concerned,

the Member States

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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.

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.

From information supplied by Italy the description of
the protected zones in respect of Erwinia amylovora
(Burr.) Winsl. et al. should be modified to take into
account the present distribution of the organism.

The description of the protected zones relating to host
plants of Erwinia amylovora (Burr.) Winsl. et al. as regards
the special requirements to be met should be modified
to take into account
the
organism.

the present distribution of

From information supplied by France on the presence of
Matsucoccus feytaudi Duc. it appears that it is no longer
appropriate to maintain the protected zone for this
organism.

Therefore, Directive 2000/29/EC should be amended
accordingly.

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

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Official Journal of the European Communities

20.3.2002

ANNEX

1. In Annex I, Part B(b)(1),

in the right-hand column ‘UK’

is replaced by ‘UK (Northern Ireland)’.

2. Annex II, Part B is amended as follows:

(a) under heading (a),

in point 3, the entry in the third column is replaced by the following:

‘EL, IRL, UK (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, Northumberland,
North Lincolnshire, North East Lincolnshire, North Tyneside, North West Somerset, Nottingham City, Nottingham-
shire, Oxfordshire, Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rotherham,
Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-on-Tees, Suffolk, Sunder-
land, 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)’;

(b) under heading (a), point 7 is deleted;

(c) under heading (b),

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

‘E, F (Corsica), IRL, I (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 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 of 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), A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district
Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)’;

3. In Annex III, Part B(b)(1), the right-hand column is replaced by the following:

‘E, F (Corsica), IRL, I (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 of 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), A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK
(Northern Ireland, Isle of Man and Channel Islands)’;

4. Annex IV, Part B is amended as follows:

(a) in points 1, 7, and 14.1, the entry in the third column is replaced by the following:

‘EL, IRL, UK (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,

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Official Journal of the European Communities

L 77/25

Middlesbrough, Milton Keynes, Newbury, Newcastle upon Tyne, Norfolk, Northamptonshire, Northumberland,
North Lincolnshire, North East Lincolnshire, North Tyneside, North West Somerset, Nottingham City, Nottingham-
shire, Oxfordshire, Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rotherham,
Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-on-Tees, Suffolk, Sunder-
land, 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)’;

(b) points 6.2, 14.7 are deleted;

(c) in points 20.1, 20.2, 22, 23, 25.1, 25.2, 26, 27.1, 27.2, and 30 in the third column ‘UK’ is replaced by ‘UK

(Northern Ireland)’;

(d) in point 21, the entry in the second column at (a) is replaced by the following:

‘the plants originate in the protected zones E, F (Corsica), IRL, I (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 of 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), A
(Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern
Ireland, Isle of Man and Channel Islands) or’;

(e) in point 21, the entry in the third column is replaced by the following:

‘E, F (Corsica), IRL, I (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 of 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), A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district
Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)’.