2003/64/EC: Commission Decision of 28 January 2003 on provisional measures to prevent the introduction into and the spread within the Community of pepino mosaic virus as regards tomato plants, intended for planting (notified under document number C(2003) 339)
Date: 2003-01-28
Institutions: European Commission
Subjects: fruit vegetable, parasitology, plant disease, plant health control, plant health legislation, protection of plant life, seedling

29.1.2003

EN

Official Journal of the European Communities

L 24/15

COMMISSION DECISION

of 28 January 2003

on provisional measures to prevent the introduction into and the spread within the Community
of pepino mosaic virus as regards tomato plants, intended for planting

(notified under document number C(2003) 339)

(2003/64/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
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 Directive 2002/89/EC (2), and in particular the
third sentence of Article 16(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

In late 1999 and early 2000, Germany, France, the Neth-
erlands and the United Kingdom informed the other
Member States and the Commission of outbreaks of
pepino mosaic virus on tomato crops in their respective
countries and of the measures taken to control it.

By Commission Decision 2001/536/EC (3), Member
States were provisionally required to take measures
against the introduction into and the spread within the
Community of pepino mosaic virus as regards tomato
plants, intended for planting, other than seeds.

In official surveys carried out by Member States pursuant
to Decision 2001/536/EC, new outbreaks have been
detected. Moreover, pepino mosaic virus is present in
several third countries.

Pepino mosaic virus is currently not listed in Annex I or
Annex II to Directive 2000/29/EC. However, a preli-
minary pest risk analysis carried out by several Member
States based on available scientific information has
demonstrated that pepino mosaic virus and its damaging
effects could be of significant plant health concern to the
Community, in particular for protected tomato produc-
tion. The risk to out-door production of tomatoes and of
other solanaceae crops, especially potatoes, has not yet
fully been established. The Commission has asked the
Member States to continue scientific research work and
to deliver an opinion on the risk of pepino mosaic virus
to out-door production of tomatoes and of other solana-
ceae crops. At this stage, the scientific work performed
on the pepino mosaic virus has not provided sufficient
clarification to revise that preliminary pest risk analysis.

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 355, 30.12.2002, p. 45.
(3) OJ L 193, 17.7.2001, p. 26.

(5)

(6)

(7)

(8)

(9)

Accordingly, as Decision 2001/536/EC has expired, it is
necessary to provide for provisional measures against
pepino mosaic virus.

The source of contamination on premises involved in
tomato fruit production has not been identified to date.
The Member States should therefore conduct official
surveys to determine the sources of contamination as
well as the pathway of introduction.

Although the role of tomato seed as source of infection
is not yet fully clarified, it is likely that seed plays an
important role. Consequently the measures set out in
this Decision should also apply to tomato seeds.

Those measures should apply to the introduction or the
spread within the Community of pepino mosaic virus,
the inspection of tomato plants intended for planting,
originating in third countries and the movement of
tomato plants, intended for planting. They should also
include more general monitoring for the presence of
pepino mosaic virus in the Member States.

It is appropriate that the results of such measures be
continually assessed, and possible subsequent measures
be considered in the light of the results of that assess-
ment. The subsequent measures should also take into
account the information to be provided and the scientific
opinion to be delivered by the Member States.

(10)

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

HAS ADOPTED THIS DECISION:

Article 1

The introduction into and movement within the Community of
plants of tomato, Lycopersicon lycopersicum (L.) Karsten ex Farw.,
intended for planting, contaminated by pepino mosaic virus
shall be prohibited.

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Official Journal of the European Communities

29.1.2003

Article 2

Plants of tomato,
intended for planting, originating in third
countries, shall meet the conditions laid down in points 1 or 2
of
the Annex. They shall be inspected on entry into the
Community for the presence of pepino mosaic virus, in accor-
dance with Article 13(1)(a) of Directive 2000/29/EC, mutatis
mutandis.

Article 3

Without prejudice to Article 16(2) of Directive 2000/29/EC,
the results of the surveys provided for in the first paragraph
shall be notified to the Commission and to the other Member
States by 30 September 2003.

Article 5

The Commission shall review the operation of this Decision by
31 October 2003 at the latest.

Plants of

1.
intended for planting, may not be
moved from their place of production unless they meet the
conditions laid down in points 3 or 4 of the Annex.

tomato,

The first paragraph shall not apply to movement of plants
2.
intended for sale to final consumers not involved in profes-
sional plant production, provided that the packaging of the
plants or other indications clearly show that they are intended
for sale to such consumer.

Article 4

Member States
premises involved in the production of
tomato fruit, for the presence of pepino mosaic virus.

shall conduct official

surveys at

least on
tomato plants and

This Decision shall cease to apply on 31 January 2004.

Article 6

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 28 January 2003.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

L 24/17

ANNEX

CONDITIONS REFERRED TO IN ARTICLES 2 AND 3

1. Without prejudice to the provisions of point 13 of Annex III of Directive 2000/29/EC, plants of tomato, intended for
planting, other than seeds, originating in third countries shall be accompanied by a phytosanitary certificate referred
to in Article 7 or 8 of Directive 2000/29/EC, stating that:

(a) they originate in areas in which pepino mosaic virus is known not to occur, or

(b)

(i) no symptoms of pepino mosaic virus have been found at the place of production during inspections carried
out at least once during the period the plants have been present at the place of production, or, where pepino
mosaic virus had been found at the place of production, appropriate procedures have been implemented
aiming at eradicating pepino mosaic virus, and subsequently the place of production has been found free
from pepino mosaic virus in official inspections including random testing, and monitoring during an appro-
priate period, or

(ii) no pepino mosaic virus has been found by testing of leaf samples taken from plants, produced, grown or held
at the place of production, at least once during a period of four weeks, or, where pepino mosaic virus had
been found at the place of production, additional testing on each lot has been carried out and has found the
lots free from pepino mosaic virus,

and, in the case the said plants were grown on premises involved both in the production of tomato plants and
tomato fruit, evidence is available that the production and packing of fruit has clearly been separated from
production and packing of plants to avoid contamination.

2. Seeds of tomato, originating in third countries shall be accompanied by a phytosanitary certificate as referred to in
Article 7 or 8 of Directive 2000/29/EC, stating that they have been obtained by means of an appropriate acid extrac-
tion method, and

(a) that they originate in areas in which pepino mosaic virus is known not to occur, or

(b) that no symptoms of pepino mosaic virus have been observed on the plants at the place of production during

their complete cycle of vegetation, or

(c) that they have undergone official testing for pepino mosaic virus, on a representative sample and using appro-

priate methods, and have been found, in these tests, free from pepino mosaic virus.

3. Plants of tomato, intended for planting, other than seeds, originating in the Community may be moved from the

place of production only:

(a) if they originate in areas in which pepino mosaic virus is known not to occur, or

(b)

(i) if no symptoms of pepino mosaic virus have been found at the place of production during inspections carried
out at least once during the period the plants have been present at the place of production, or, where pepino
mosaic virus had been found at the place of production, after appropriate procedures have been implemented
aiming at eradicating pepino mosaic virus, and subsequently the place of production has been found free
from pepino mosaic virus in official inspections including random testing, and monitoring during an appro-
priate period, or

(ii) if no pepino mosaic virus has been found by testing of leaf samples taken from plants, produced, grown or
held at the place of production, at least once during a period of four weeks, or, where pepino mosaic virus
had been found at the place of production, after additional testing on each lot has been carried out and has
found the lots free from pepino mosaic virus,

and, in the case the said plants were grown on premises involved both in the production of tomato plants and
tomato fruit, evidence is available that the production and packing of fruit has clearly been separated from
production and packing of plants to avoid contamination.

4. Seeds of tomato, originating in the Community, may be moved from the place of production only if they have been

obtained by means of an appropriate acid extraction method and

(a) that they originate in areas in which pepino mosaic virus is known not to occur; or

(b) that no symptoms of pepino mosaic virus have been observed on the plants at the place of production during

their complete cycle of vegetation; or

(c) that they have undergone official testing for pepino mosaic virus, on a representative sample and using appro-

priate methods, and have been found, in these tests, free from pepino mosaic virus.