2002/757/EC: Commission Decision of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov. (notified under document number C(2002) 3380)
Date: 2002-09-19
Institutions: European Commission
Subjects: deciduous tree, parasitology, plant disease, plant health control, protection of plant life

20.9.2002

EN

Official Journal of the European Communities

L 252/37

COMMISSION DECISION

of 19 September 2002

on provisional emergency phytosanitary measures to prevent the introduction into and the spread
within the Community of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.

(notified under document number C(2002) 3380)

(2002/757/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European Commu-
nity,

Having regard to Council Directive 2000/29/EC of 8 May 2000
the introduction into the
on protective measures against
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 16(3), third sentence thereof,

Whereas:

(1) Where a Member State considers that there is a danger
of introduction into or spread within its territory of a
harmful organism not listed in Annex I or Annex II to
Directive 2000/29/EC, it may temporarily take any addi-
tional measures necessary to protect
from that
danger.

itself

(6)

(7)

Those measures should apply to the introduction or the
spread of the harmful organism, the production and
the harmful
movement of known host plants of
organism within the Community,
the
harmful organism and to a more general surveillance for
the presence or continued absence of
the harmful
organism in the Member States. However, it is not neces-
sary to apply such measures to plants of Rhododendron
simsii Planch, other than fruit and seeds, because the
available information indicates that these plants are not
affected by the harmful organism.

the control of

the above measures will be regularly
The results of
assessed in 2002 and 2003, in particular on the basis of
information to be provided by the Member States.
Possible subsequent measures will be considered in the
light of the results of that assessment, and the scientific
opinion delivered by the Member States.

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

(2)

(3)

(hereinafter

referred to as:

The United Kingdom informed the other Member States
and the Commission on 29 April 2002 of outbreaks of
Phytophthora ramorum Werres, De Cock & Man in 't Veld
‘the harmful
sp. nov.
organism’) on its territory and adopted on 13 May 2002
additional measures to prevent the introduction into and
the spread within the Community of
the harmful
organism. The Netherlands and Germany also reported
on 29 April 2002 outbreaks of the organism in their
respective territories.

The harmful organism is currently not listed in Annex I
or II to Directive 2000/29/EC. However, a preliminary
pest-risk analysis based on available scientific informa-
tion has demonstrated that the harmful organism and its
damaging effects could be of significant plant-health
concern to the Community,
the non-
European isolates only present in the United States of
America for the oak trees in the Community and the
European isolates for ornamental plants such as Rhodo-
dendron spp. and Viburnum spp. The relevant services in
the Member States have been asked to continue scientific
work on the risk of the non-European isolates for the
oak trees in the Community, the epidemiology of the
harmful organism and the potential host plants.

in particular

(4)

It is therefore necessary to take provisional emergency
phytosanitary measures against the introduction into and
spread within the Community of the harmful organism.

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

HAS ADOPTED THIS DECISION:

Article 1

For the purpose of this Decision:

1.

‘the harmful organism’ means Phytophthora ramorum Werres,
De Cock & Man in 't Veld sp. nov.

2.

3.

4.

‘susceptible plants’ means plants, other than fruit and seeds,
of Acer macrophyllum Pursh., Aesculus californica Nutt., Arbutus
menziesii Pursch., Arctostaphylos spp. Adans, Heteromeles arbu-
tifolia (Lindley) M. Roemer, Lithocarpus densiflorus (H & A),
Lonicera hispidula (Dougl.), Quercus spp. L., Rhamnus califor-
nica (Esch), Rhododendron spp. L., other than Rhododendron
simsii Planch., Umbellularia californica (Pursch.), Vaccinium
ovatum (Hook & Arn) Nutt. and Viburnum spp. L.

‘susceptible wood’ means wood of Acer macrophyllum Pursh.,
Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and
Quercus L.

‘susceptible bark’ means isolated bark of Acer macrophyllum
Pursh., Aesculus californica Nutt., Lithocarpus densiflorus (H &
A) and Quercus L.

L 252/38

EN

Official Journal of the European Communities

20.9.2002

Article 2

Article 5

The introduction into the Community and spread within the
Community of non-European or European isolates of
the
harmful organism shall be banned.

Article 3

Susceptible plants and susceptible wood may only be
1.
introduced into the territory of the Community if they comply
with the emergency phytosanitary measures laid down in points
1a and 2 of the Annex to this Decision and if they are inspected
on entry into the Community for the presence of non-European
in accordance with Article
isolates of the harmful organism,
13(1)(a) of Directive 2000/29/EC, and found free from the
harmful organism in this inspection.

The provisions specified in points 1a and 2 of the Annex
2.
to this Decision shall apply only to susceptible plants and
susceptible wood originating in the United States of America
destined for
the Community and leaving on or after 1
November 2002.

3.
The measures laid down in Part A, Section I(3) of Annex
IV as regards wood of Quercus L., including wood which has
not kept its natural round surface, originating in the United
States of America, shall not apply to susceptible wood of
Quercus L. which satisfies the requirements of point 2(b) of the
Annex to this Decision.

4.
As of 1 November 2002 plants of Rhododendron spp.,
other than Rhododendron simsii Planch, and Viburnum spp., other
than fruit and seeds, originating in third countries, other than
the United States of America, introduced into the Community
may only be moved in the Community if they are accompanied
by a plant passport prepared and issued in accordance with
Commission Directive 92/105/EEC (1).

Article 4

Susceptible bark originating in the United States of America
shall not be permitted entry in the Community.

As of 1 November 2002, plants of Rhododendron spp., other
than Rhododendron simsii Planch., and Viburnum spp., other than
fruits and seeds, originating in the Community may not be
moved from their place of production unless they meet the
conditions laid down in point 3 of the Annex to this Decision.
The producers of these plants shall be registered in accordance
with the provisions of Council Directive 92/90/EEC (2).

Article 6

1. Member States shall conduct official surveys for the
harmful organism in their territory, to determine whether there
is an evidence of infestation by the harmful organism.

2. Without prejudice to the provisions of Article 16(1) of
Directive 2000/29/EC, the results of these surveys provided for
in the first paragraph shall be notified to the Commission and
to the other Member States by 1 November 2003.

Article 7

Member States shall adjust at the latest, by 31 October 2002,
the measures which they have adopted with a view to
protecting themselves against the introduction and spread of
the harmful organism in such a manner that the measures
comply with this Decision and shall
forthwith inform the
Commission of the adjusted measures.

Article 8

This Decision shall be reviewed by 31 December 2003 at the
latest.

This Decision is addressed to the Member States.

Article 9

Done at Brussels, 19 September 2002.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 4, 8.1.1993, p. 22.

(2) OJ L 344, 26.11.1992, p. 38.

20.9.2002

EN

Official Journal of the European Communities

L 252/39

ANNEX

1a. Without prejudice to the provisions of Annex III, Part A(2), and Annex IV, Part A(1),(11.1), (39) and (40) of Direc-
tive 2000/29/EC, susceptible plants originating in the United States of America shall be accompanied by a certificate
referred to in Article 7 or 8 of Directive 2000/29/EC:

(a)

(b)

stating that they originate in areas in which non-European isolates of the harmful organism are known not to
occur. The name of the area shall be mentioned on the certificate under the rubric ‘place of origin’; or

issued after official verification that no signs of non–European isolates of the harmful organism have been
observed on any susceptible plants at the place of production during official inspections, including laboratory
testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation.

Further, the certificate shall only be issued after representative samples of the plants have been taken before ship-
ment and have been inspected and found free from non-European isolates of the harmful organism in these inspec-
tions. The latter shall be mentioned on the certificate under the rubric ‘additional declaration’ as ‘found free from
non-European isolates of Phytophthora ramorum Werres, De Cock & Man in 't Veld sp. nov.’.

1b. The introduced susceptible plants referred to in point 1a may only be moved within the Community if they are
accompanied by a plant passport prepared and issued in accordance with the provisions of Directive 92/105/EEC
attesting to the inspections referred to in Article 3(1).

2.

Susceptible wood originating in the United States of America may only be imported into the Community if, it is
accompanied by a certificate referred to in Article 7 or 8 of Directive 2000/29/EC:

(a) stating that it originates in areas in which non–European isolates of the harmful organism is known not to

occur. The name of the area shall be mentioned on the certificate under the rubric ‘place of origin’; or

(b) issued after official verification that the wood has been stripped of its bark and:

(i) that it has been squared so as to remove entirely the rounded surface; or

(ii) that the water content of the wood does not exceed 20 % expressed as a percentage of the dry matter, or

(iii) that the wood has been disinfected by an appropriate hot-air or hot-water treatment;

or

(c) in the case of sawn wood with or without residual bark attached, if there is evidence by a mark ‘Kiln-dried’, ‘KD’
or another internationally recognised mark put on the wood or on its packaging in accordance with current
commercial usage, that it has undergone kiln-drying to below 20 % moisture content, expressed as a percentage
of dry matter, at time of manufacture, achieved through an appropriate time/temperature schedule.

3.

Plants of Rhododendron spp., other than Rhododendron simsii Planch., and Viburnum spp., other than fruits and seeds,
originating in the Community may be moved from the place of production only if they are accompanied by a plant
passport as referred to in point 1 of this Annex and:

(a) they originate in areas in which European isolates of the harmful organism are known not to occur; or

(b) no signs of European isolates of the harmful organism have been observed on the above plants on the place of
production since the beginning of the last complete cycle of vegetation on official inspections, including labora-
tory testing of any suspicious symptoms, carried out at least once at appropriate times when the plants are in
active growth; or

(c) in cases where signs of European isolates of the harmful organism have been found on the above plants at the
place of production, appropriate procedures have been implemented aiming at eradicating the harmful
organism, consisting at least of destruction of the infected plants and all susceptible plants within 2 m of the
infected plants, and
— for all susceptible plants within 10 m radius of the infected plants, and any remaining plants from the
affected lot, the plants have been retained at the place of production and additional inspections have been
carried out at least twice in the three months following the finding when the plants are in active growth
and they have been found free from the harmful organism in these inspections,

— for all other susceptible plants at the place of production, the plants have been subject to intensive re-
inspection following the finding and have been found free from the harmful organism in these inspections.