2004/522/EC:Commission Decision of 28 April 2004 amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community (notified under document number C(2004) 1582)
Date: 2004-04-28
Institutions: European Commission
Subjects: EU Member State, parasitology, plant disease, plant health control, protected area, protection of plant life

L 228/18

EN

Official Journal of the European Union

29.6.2004

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 April 2004

amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks
in the Community

(notified under document number C(2004) 1582)

(Text with EEA relevance)

(2004/522/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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), and in
and against
particular the first subparagraph of Article 2(1)(h) thereof,

Whereas:

(1)

(2)

(3)

required by accession. However, Annex II

Article 20 of the Act of Accession of 2003, refers to
Annex II to this Act, which contains adaptations to the
in
acquis
principle only takes into account adaptations to acts
adopted before the cut-off date for the accession nego-
tiations, i.e. 1 November 2002.

It is however necessary to make additional adaptations to
the acquis, in particular to acts adopted after that date as
well as to acts which could not be included in Annex II
or which, because of changed circumstances, require new
adaptations.

Commission Directive 2001/32/EC of 8 May 2001
recognising certain protected zones exposed to particular
plant health risks in the Community and repealing
several
Directive
occasions after 1 November 2002 in respect of certain
provisions that were adapted by the Act of Accession of
2003.

92/76/EC (2), was

amended

on

(4)

(5)

In the interest of clarity it is appropriate to establish an
updated complete list of such zones. Directive 2001/32/EC
should, therefore, be amended accordingly.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

HAS ADOPTED THIS DECISION:

Article 1

Directive 2001/32/EC is amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

The zones in the Community listed in the Annex are hereby
recognised as protected zones referred to in the first subpara-
graph of Article 2(1)(h) of Directive 2000/29/EC, in respect
of the harmful organism(s) listed against their names in the
Annex to this Directive.

In the case of point (a)(3.1) of the Annex, the said zone in
Cyprus is recognised until 31 March 2006.

In the case of point (a)(6) of the Annex, the said zones in
Latvia, Slovenia and Slovakia are recognised until 31 March
2006.

In the case of point (a)(11) of the Annex, the said zone in
Cyprus is recognised until 31 March 2006.

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2004/70/EC (OJ L 127, 29.4.2004, p. 97).
(2) OJ L 127, 9.5.2001, p. 38. Directive as last amended by Directive

2004/32/EC (OJ L 85, 23.3.2004, p. 24).

In the case of point (a)(13) of the Annex, the said zones in
Cyprus and Malta are recognised until 31 March 2006.

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In the case of point (b)(2) of the Annex, for Ireland, Italy
(Apulia, Emilia-Romagna: provinces of Forlí-Cesena, Parma,
and Rimini; Lombardy; Trentino-Alto Adige:
Piacenza
autonomous province of Trento; Veneto: except
in the
province of Rovigo the communes Rovigo, Polesella, Villa-
marzana,
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,
Po,
Fiesso Umbertiano, Castelguglielmo,
Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara,
Stienta, Gaiba, Salara, and in the province of Padova the
communes
d'Adige,
Vescovana, S. Urbano, Boara Pisani, Masi, and in the
province of Verona the communes of Palù, Roverchiara,
Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea,
Oppeano, Terrazzo, Isola Rizza, Angiari), Latvia, Lithuania,
Austria (Burgenland, Carinthia, Lower Austria, Tirol (admin-
istrative district Lienz), Styria, Vienna), Slovenia and Slovakia
the said zones are recognised until 31 March 2006.

Castelbaldo,

Barbona,

Piacenza

Bagnolo

di

In the case of point (d)(1) of the Annex, the said zone in
Lithuania is recognised until 31 March 2006.

In the case of point (d)(3) of the Annex, the said zone in
Malta is recognised until 31 March 2006.’;

2. The Annex is amended in accordance with the Annex to this

Decision.

Article 2

This Decision shall apply subject to and as from the date of
the Czech
entry into force of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

the Treaty of Accession of

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 28 April 2004.

For the Commission

David BYRNE
Member of the Commission

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Official Journal of the European Union

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ANNEX

The Annex to Directive 2001/32/EC is amended as follows:

1. Under heading (b), point 2 is replaced by the following:

‘2. Erwinia amylovora (Burr.)

Winsl. et al

Ireland,

Spain, France (Corsica),
Italy (Abruzzi; Apulia; Basilicata; Calabria;
Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and
Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Trentino-Alto Adige:
autonomous province of Trento; Marche; Molise; Piedmont; Sardinia; Sicily;
Tuscany; 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 Palù, Roverchiara, Legnago, Castagnaro,
Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo,
Isola Rizza, Angiari),
Latvia, Lithuania, Austria (Burgenland, Carinthia, Lower Austria, Tirol (adminis-
trative district Lienz), Styria, Vienna), Portugal, Slovenia, Slovakia, Finland,
United Kingdom (Northern Ireland, Isle of Man and Channel Islands)’

2. Under heading (d), point 1 is replaced by the following:

‘1. Beet necrotic yellow vein

virus

Denmark, France (Brittany), Ireland, Lithuania, Portugal (Azores), Finland, United
Kingdom (Northern Ireland)’