2002/499/EC: Commission Decision of 26 June 2002 authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating in the Republic of Korea (notified under document number C(2002) 2251)
Date: 2002-06-26
Institutions: European Commission
Subjects: South Korea, derogation from EU law, import (EU), plant health control, tree

27.6.2002

EN

Official Journal of the European Communities

L 168/53

COMMISSION DECISION

of 26 June 2002

authorising derogations from certain provisions of Council Directive 2000/29/EC in respect of
naturally or artificially dwarfed plants of Chamaecyparis Spach, Juniperus L. and Pinus L., originating
in the Republic of Korea

(notified under document number C(2002) 2251)

(2002/499/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 2002/36/EC (2), and in
particular Article 15(1) thereof,

Having regard to the request made by the United Kingdom,

Whereas:

(1)

(2)

(3)

(4)

(5)

Under Directive 2000/29/EC, plants of Chamaecyparis
Spach, Juniperus L. and Pinus L., other than fruits and
seeds, originating in non-European countries, must not
in principle be
introduced into the Community.
However, Directive 2000/29/EC permits derogations
from this rule, provided that it is established that there is
no risk of introduction of harmful organisms.

the Commission and exchange of

Following a mission of the Food and Veterinary Office
information
of
between the Commission and the Republic of Korea, the
Commission has established that on the basis of avail-
able information there is no risk of spreading harmful
organisms with the import of naturally or artificially
dwarfed plants of Chamaecyparis Spach, Juniperus L. and
Pinus L., provided that specific conditions are satisfied.

A derogation from certain provisions of Directive 2000/
29/EC should therefore be authorised for a limited
period, subject to specific conditions.

The authorisation pursuant to this Decision should be
terminated if it is established that the specific conditions
are not sufficient to prevent the introduction of harmful
organisms or have not been complied with.

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

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 116, 3.5.2002, p. 16.

The Member States are hereby authorised to provide for
derogations from Article 4(1) of Directive 2000/29/EC, with
regard to the prohibitions referred to in Part A, point 1 of
Annex III to that Directive for plants of Chamaecyparis Spach,
Juniperus L. and Pinus L., other than fruits and seeds, originating
in the Republic of Korea.

In order to qualify for these derogations, plants of Chamaecy-
paris Spach, Juniperus L. and Pinus L., other than fruits and
seeds, shall satisfy, in addition to the requirements laid down in
Annex I, Annex II and in part A, Section I, point 43 of Annex
IV to Directive 2000/29/EC, the conditions set out in the
Annex to this Decision.

Article 2

Member States shall provide the Commission and the other
Member States, before 1 August 2005, with the information on
quantities imported prior to that date pursuant to this Decision
and with a detailed technical report of the examination and/or
tests carried out on these plants during the quarantine period
referred to in point 10 of the Annex.

Any Member State, other than that of importation, in which
the plants are introduced, shall also provide the Commission
and the other Member States, before 1 August 2005, with a
detailed technical report of the examination and/or tests carried
out on these plants introduced prior to that date during the
quarantine period referred to in point 10 of the Annex.

Article 3

Member States shall notify the Commission and the other
Member States of all cases of consignments introduced into
their territory pursuant to this Decision which were subse-
quently found not to comply with the conditions laid down
herein.

Article 4

Member States may apply the derogations mentioned in Article
1 to Pinus and Chamaecyparis plants
imported into the
Community in the period from 1 June 2004 to 31 December
2005, and to Juniperus plants imported into the Community in
the period from 1 November 2004 to 31 March 2005.

L 168/54

EN

Official Journal of the European Communities

27.6.2002

This Decision shall apply from 1 July 2002.

Article 5

Article 6

This Decision is addressed to the Member States.

Done at Brussels, 26 June 2002.

For the Commission

David BYRNE

Member of the Commission

27.6.2002

EN

Official Journal of the European Communities

L 168/55

Specific conditions applying to plants, originating in the Republic of Korea, benefiting from the derogation
provided for in Article 1 of this Decision

ANNEX

1. The plants shall be naturally or artificially dwarfed plants of the genus Chamaecyparis Spach, genus Juniperus L., or in
the case of the genus Pinus L. either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus pentaphylla Mayr), or
that species grafted on a rootstock of a Pinus species other than Pinus parviflora Sieb. & Zucc. In the latter case, the
rootstock shall not bear any shoots.

2. The total number of plants shall not exceed quantities which have been determined by the importing Member State,

having regard to available quarantine facilities.

3. Prior to export to the European Community, the plants shall have been grown, held and trained for at least two
consecutive years in officially registered nurseries, which are subject to an officially supervised control regime. The
annual lists of the registered nurseries shall be made available to the Commission, at the latest by 1 March 2004.
These lists shall be immediately transmitted to the Member States. They shall include the number of plants grown in
each of these nurseries, as far as they are deemed suitable for dispatch to the Community, under the conditions laid
down in this Decision.

4. For Juniperus plants, the plants of the genera Chaenomeles Lindl., Crataegus L., Cydonia Mill., Juniperus L., Malus Mill.,
Photinia Ldl. and Pyrus L., which have been grown in the two last years prior to dispatch in the abovementioned
naturally or artificially dwarfed plants nurseries and their immediate vicinity, shall have been officially inspected at
least six times a year at appropriate intervals for the presence of harmful organisms of concern. For Chamaecyparis and
Pinus plants, the plants of the genus Chamaecyparis Spach and of the genus Pinus L., which have been grown in the
abovementioned naturally or artificially dwarfed plants nurseries and their immediate vicinity, shall have been
officially inspected at least six times a year at appropriate intervals, for the presence of harmful organisms of concern.

The harmful organisms of concern are:

(a) for Juniperus plants,

— Aschistonyx eppoi Inouye,

— Gymnosporangium asiaticum Miyabe ex Yamada and G. yamadae Miyabe ex Yamada,

— Oligonychus perditus Pritchard et Baker,

— Popillia japonica Newman,

— any other harmful organism which is not known to occur in the Community;

(b) for Chamaecyparis plants,

— Popillia japonica Newman,

— any other harmful organism which is not known to occur in the Community;

(c) for Pinus plants,

— Bursaphelenchus xylophilus (Steiner & Buehrer) Nickle et al.,

— Cercoseptoria pini-densiflorae (Hori & Nambu) Deighton,

— Coleosporium phellodendri Komr,

— Coleosporium asterum (Dietel) Sydow,

— Coleosporium eupatorii Arthur,

— Cronartium quercuum (Berk.) Miyabe ex Shirai,

— Dendrolimus spectabilis Butler,

— Monochamus spp. (non European),

— Popillia japonica Newman,

— Thecodiplosis japonensis Uchida & Inouye,

— any other harmful organism which is not known to occur in the Community.

The plants shall have been found free, in these inspections, from the harmful organisms abovementioned. Infested
plants shall be removed. The remaining plants shall be effectively treated.

5. Any detection of harmful organisms of concern specified in point 4 in the inspections carried out pursuant to point 4
shall be officially recorded, and the records shall be kept available to the Commission, upon its request. Any detection
of any of the harmful organisms, which are specified in point 4, shall disqualify the nursery from its status under
point 3. The Commission shall be informed immediately thereof. In such case, the registration can be renewed only
in the following year.

6. The plants intended for the Community shall at least during the period referred to in point 3:

(a) be potted, at least during the same period, in pots which are placed either on shelves at least 50 cm above

ground or onto flooring,

impenetrable for nematodes, which is well maintained and free from debris;

L 168/56

EN

Official Journal of the European Communities

27.6.2002

(b) be found free, in the inspections referred to in point 4, from the harmful organisms of concern specified in point

4 and not be affected by the measures referred to in point 5;

(c) if they belong to the genus Pinus L. and in the case of grafting on a rootstock of a Pinus species other than Pinus
parviflora Sieb. & Zucc., have a rootstock derived from sources officially approved as healthy material;

(d) be made recognisable with a marking, exclusive for each individual plant and notified to the official plant
protection organisation of the Republic of Korea, enabling the identification of the registered nursery and the year
of potting.

7. The official plant protection organisation of the Republic of Korea shall ensure the identifiability of the plants from
the time of their removal from the nursery until the time of loading for export, through sealing of transport vehicles
or appropriate alternatives.

8. The plants and the adhering or associated growing medium (hereinafter referred to as ‘the material’) shall be
accompanied by a phytosanitary certificate issued in the Republic of Korea in accordance with Article 7 of Directive
2000/29/EC, on the basis of the examination laid down in Article 6 of that Directive relating to the conditions laid
down therein, in particular freedom from harmful organisms of concern, as well as to the requirements specified in
points 1 to 7.

The certificate shall

indicate:

(a) the name or the names of the registered nursery or nurseries;

(b) the markings referred to in point 6, as far as they enable identification of the registered nursery and the year of

potting;

(c) the specification of the last treatment applied, prior to dispatch;

(d) under ‘Additional Declaration’, the statement ‘This consignment meets the conditions laid down in Decision

2002/499/EC’.

9. Prior to introduction into a Member State, the importer shall notify each introduction sufficiently in advance to the

responsible official bodies referred to in Directive 2000/29/EC,

in the Member State concerned,

indicating:

(a) the type of material;

(b) the quantity;

(c) the declared date of import;

(d) the officially approved site where the plants will be held under the post-entry quarantine referred to in point 10.

The importers shall be officially informed, prior to the introduction, of the conditions laid down in points 1 to 12.

10. The material shall be subject, before it is released, to official post-entry quarantine for a period of not less than three
months of active growth in the case of Pinus and Chamaecyparis plants and for a period including the active growth
season from 1 April until 30 June in the case of Juniperus plants and must be found free, during this quarantine
period, from any harmful organisms of concern. Particular attention shall be given to preserve for each plant the
marking referred to in point 6(d).

11. The post-entry quarantine referred to in point 10 shall:

(a) be supervised by the responsible official bodies of the Member State concerned and executed by officially
approved and trained staff, with the possible assistance of the experts referred to in Article 21 of Directive
2000/29/EC under the procedure laid down therein;

(b) be performed at an officially approved site provided with appropriate facilities sufficient to contain harmful
organisms and maintain the material in such a way as to eliminate any risk of spreading harmful organisms;

(c) be performed for each item of material:

(i) by visual examination upon arrival and at regular intervals thereafter, having regard to the type of material
and its state of development during the quarantine period, for harmful organisms or symptoms caused by any
harmful organism;

(ii) by appropriate testing of any symptom observed in the visual examination in order to identify the harmful

organisms having caused such symptoms.

12. Any lot in which material which has not been found free, during the post-entry quarantine referred to in point 10,

from harmful organisms of concern shall be immediately destroyed under official supervision.

13. Member States shall notify, to the Commission and to the other Member States, any contamination by harmful
organisms in question which has been confirmed during the post-entry quarantine referred to in point 10. In such
case, the relevant Korean nursery shall be disqualified from its status under point 3. The Commission shall inform
immediately Korea thereof.

27.6.2002

EN

Official Journal of the European Communities

L 168/57

14. Any material which has been subjected to the post-entry quarantine referred to in point 10 in the importing Member
State and has been found free, during that quarantine period, from harmful organisms of concern and which has
been maintained under appropriate conditions may be moved within the Community only when a plant passport
referred to in Article 10 of Directive 2000/29/EC has been issued in accordance with the relevant provisions of that
Directive and has been attached to the material, to its packaging or to the vehicles transporting the material.

The plant passport referred to in the first subparagraph shall

indicate the name of the country of origin.