2003/127/EC: Commission Decision of 24 February 2003 amending Decision 2001/218/EC requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood nematode) as regards areas in Portugal, other than those in which it is known not to occur (notified under document number C(2003) 581)
Date: 2003-02-24
Institutions: European Commission
Subjects: Portugal, parasitology, plant health control, plant health legislation, wood product

25.2.2003

EN

Official Journal of the European Union

L 50/27

COMMISSION DECISION

of 24 February 2003

amending Decision 2001/218/EC requiring Member States temporarily to take additional measures
against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine-
wood nematode) as regards areas in Portugal, other than those in which it is known not to occur

(notified under document number C(2003) 581)

(2003/127/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
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 Directive 2002/89/EC (2), and in particular Article
16(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

The Commission adopted Decision 2001/218/EC of 12
March 2001, requiring Member States to take additional
measures against
the dissemination of Bursaphelenchus
xylophilus (Steiner et Buhrer) Nickle et al. (the pinewood
nematode, PWN) as regards areas in Portugal, other than
those in which it is known not to occur (3), as amended
by Decision 2002/124/EC (4).

On the basis of a further assessment by the Food and
Veterinary Office in April 2002 and additional informa-
tion submitted by Portugal,
it would appear that as a
result of the application of an eradication programme,
the spread of the PWN is still limited to the demarcated
area in Portugal. However, trees showing symptoms of
infestation by the PWN were still found during surveys
of those areas.

In official surveys carried out in 2002 by the other
Member States on wood,
isolated bark and plants of
Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus
L., Pseudotsuga Carr. and Tsuga Carr., originating in
Portugal, none of the samples taken and analysed tested
positive for the presence of the PWN.

It is therefore necessary for Portugal to continue to take
specific measures and to present a mid-term eradication
plan to control the spread of the PWN with the aim of
eradicating it. It may also be necessary for the other
Member States to continue to adopt additional measures
to protect their territories from the PWN. The results of
the specific measures and of the implementation of the
mid-term plan shall be assessed continuously and
amended when necessary.

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 355, 30.12.2002, p. 45.
(3) OJ L 81, 21.3.2001, p. 34.
(4) OJ L 45, 15.2.2002, p. 56.

(5)

(6)

(7)

(8)

Specific arrangements should be made for the movement
of chips made from symptomless trees or from trees
which have tested negative for the presence of the PWN
to areas in Portugal other than the demarcated area.

The provisions on the notification of surveys for the
PWN carried out in the Member States to other Member
States and to the Commission should be clarified.

Decision 2001/218/EC should therefore be extended for
another limited period expiring on 31 March 2005 and
amended accordingly.

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

Decision 2001/218/EC is amended as follows:

1. Article 2 is modified as follows:

(i) in the first paragraph ‘28 February 2003’ is replaced by

‘31 March 2005’;

(ii) the following new paragraph shall be added after the

second paragraph:

‘Portugal shall present by 15 March 2003 a mid-term
eradication plan to control the spread of PWN with the
aim of eradicating it.’;

2. Article 4 is modified as follows:

(i) in the first paragraph,

‘annual’

is inserted between

‘conduct official’ and ‘surveys for PWN’;

(ii) the second paragraph is replaced by:

‘Without prejudice to the provisions of Article 16(1) of
Directive 2000/29/EC where the results of the surveys
provided for in the first paragraph indicate the occur-
rence of the PWN in areas where it was previously
unknown, the results of such surveys shall be notified to
the other Member States and the Commission by 15
November 2003 and 15 November 2004 respectively.’;

L 50/28

EN

Official Journal of the European Union

25.2.2003

3.

4.

in the first paragraph of Article 5, the words ‘20 km with’
are replaced by ‘20 km-width’;

in Article 6, ‘15 December 2002’ is replaced by ‘15 January
2004 and 15 January 2005 respectively’;

5. the Annex is amended as follows:

(i) point 2(b)(ii) is replaced by the following:

‘(ii) obtained from trees other than those referred to in
subparagraph (i) shall be officially tested for the
presence of the PWN and of Monochamus spp.; if
the presence of the PWN or of Monochamus spp. is
confirmed the wood shall be subjected to the provi-
sions referred to in subparagraph (i); if the presence
of the PWN and of Monochamus spp. is refuted, the
wood may be moved under official control to a
processing plant
for further use as construction
timber, or by way of derogation moved into areas
in Portugal, other than demarcated areas under offi-
cial control to approved processing plants notified
to the Commission, where the wood or chips made
from such wood, within the period between 1
November and 1 April, shall either:
— in the case of chips, be used for industrial
purposes within such an approved processing
plant, or

— in the case of wood:

— be heat

treated in such a way that a
minimum wood-core temperature of 56 °C
for 30 minutes has been achieved. Further
movement of such heat-treated wood may
be allowed when the wood is accompanied
by a plant passport, or

— be chipped and fumigated in order to ensure
freedom from live PWNs. Further movement
of such fumigated wood may be allowed
when it is accompanied by a plant passport,
or

— be chipped and used for industrial purposes

within this plant, or

— be moved under official control to a plant,

where the wood shall either be:
— heat

treated in such a way that a
minimum wood core temperature of
56 °C for 30 minutes has been achieved,
or

— chipped and fumigated in order

to
ensure freedom from live pine wood
nematodes, or
and

— chipped

industrial

used

for

purposes’;

(ii) in point 2(c)(ii),

the first

indent

is replaced by the

following:
‘— officially tested for the presence of PWN and of
if the presence of PWN or of
Monochamus spp.;
is confirmed the wood shall be
Monochamus spp.
subjected to the provisions referred to in (i); if the
presence of PWN and of Monochamus
is
refuted,
the wood may be moved under official
control to a processing plant for further use as
construction timber, or’.

spp.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 24 February 2003.

For the Commission

David BYRNE

Member of the Commission