Decision 2004/426/2004 of 29 April 2004 amending Decision 2002/757/EC 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.
Date: 2004-04-29
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, protection of plant life

30.4.2004 

EN 

Official Journal of the European Union 

L 154/1 

COMMISSION DECISION 

of 29 April 2004 

amending Decision 2002/757/EC 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(2004) 1585) 
(Text with EEA relevance)    
(2004/426/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 
and against their spread within the Community1and in particular Article 16(3), fourth sentence 
thereof, 

Whereas: 

(1) 

In 2002, the United Kingdom informed the other Member States and the Commission 
of  outbreaks  of  Phytophthora  ramorum  Werres,  De  Cock  &  Man  in  ‘t  Veld  sp.nov. 
(hereinafter referred to as: ’the harmful organism’) on its territory and of the measures 
taken to control it. 

1 

OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 
23.3.2004, p. 18.). 

 
 
                                                 
(2) 

(3) 

(4) 

(5) 

By  Commission  Decision  2002/757/EC2  the  Member  States  were  provisionally 
required  to  take  emergency  phytosanitary  measures  to  prevent  the  introduction  into 
and the spread within the Community of the harmful organism. 

As a result of the official surveys carried out under Decision 2002/757/EC, and based 
on recent information on the damage caused by the harmful organism, it appears that 
the  list  of  host  plants  of  the  harmful  organism,  designated  in  that  Decision  as 
“susceptible plants”, should be extended. 

The measures set out in Decision 2002/757/EC should not be applicable  to foliage and 
cut  branches  but  should  be  limited  to  plants  for  planting  which  are  moved  from  the 
place  of  production  in  the  Community;  they  should  moreover  also    be  extended  to 
plants for planting of Camellia spp., other than seeds.  

It  appears  necessary  to  ensure  that  the  registered  producers  shall  notify  every 
suspected  occurrence  or  confirmed  presence  of  the  harmful  organism  to  their 
responsible official bodies. 

2 

OJ L 252, 20.9.2002, p. 37. 

                                                 
(6) 

(7) 

It further appears necessary to extend the surveys carried out by the Member States as 
regards evidence of infestation by the harmful organism to include both cultivated and 
uncultivated/unmanaged plants. 

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 assessment. The 
subsequent measures should also take into account the information to be provided and 
the scientific opinions to be delivered by the Member States. 

(8) 

Decision 2002/757/EC should therefore be amended accordingly. 

(9) 

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

HAS ADOPTED THIS DECISION:  

Article 1 

Decision 2002/757/EC is amended as follows: 

1. 

Article 1(2) is replaced by the following: 

“2. 

“susceptible  plants”  means  plants,  other  than  fruit  and  seeds,  of  Acer 
macrophyllum  Pursh,  Aesculus  californica  Nutt.,  Aesculus  hippocastanum  L., 
Arbutus  menziesii  Pursch.,  Arbutus  unedo  L.,  Arctostaphylos  spp.  Adans, 
Camellia  spp.,  Castanea  sativa  Mill.,  Fagus  sylvatica  L.,  Hamamelis 
virginiana  L.,  Heteromeles  arbutifolia  (Lindley)  M.  Roemer,  Kalmia  latifolia 
L.,  Leucothoe 
fontanesiana  (Steudel)  Sleumer,  Lithocarpus  densiflorus 
(H & A),  Lonicera  hispidula  (Dougl.),  Pieris  spp.,  Pseudotsuga  menziesii 
(Mirbel) Franco, Quercus spp. L., Rhamnus californica (Esch), Rhododendron 
spp.  L.,  other  than  Rhododendron  simsii  Planch.,  Sequoia  sempervirens 
(D. Don)  Endl.,  Syringa  vulgaris  L.,  Taxus  spp.,  Trientalis  latifolia  (Hook), 
Umbellularia  californica  (Pursch.),  Vaccinium  vitis-idaea  Britt.,  Vaccinium 
ovatum (Hook & Arn) Nutt. and Viburnum spp. L.”. 

2. 

In  Article  3(4)  “plants  of  Rhododendron  spp.,  other  than  Rhododendron  simsii 
Planch,  and  Viburnum  spp.,  other  than  fruit  and  seeds”  is  replaced  by  “plants 
intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other 
than Rhododendron simsii Planch, other than seeds”.  

3. 

Article 5 is replaced by the following: 

“Article 5 

1. 

Plants 
intended  for  planting  of  Viburnum  spp.,  Camellia  spp.  and 
Rhododendron spp., other than Rhododendron simsii Planch, other than 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 Commission Directive 92/90/EEC3. 

2.  Member  States  shall  ensure  that  the  registered  producers  shall  notify  every 
suspected  occurrence  or  confirmed  presence  of  the  harmful  organism  on  the 
place of production to their own responsible official bodies.”. 

4. 

Article 6 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

“1.  Member States shall conduct official surveys for the harmful organism in 
their  territory,  including  both  cultivated  and  uncultivated/unmanaged 
plants  ,  to  determine  whether  there  is  evidence  of  infestation  by  the 
harmful organism.”; 

(b) 

In paragraph 2 “1 November 2003” is replaced by “1 November 2004”. 

(c)  The following new paragraph 3 is added: 

“3.  Member  States  may  take  appropriate  measures  within  their  territory  to 
carry  out  official  monitoring  of  movements  of  susceptible  plants  to 
ascertain  whether  they  comply  with  the  conditions  set  out  in  this 
Decision.”. 

5. 

6. 

In Article 8 “31 December 2003” is replaced by “31 December 2004”. 

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

3 

OJ L 344, 26.11.1992, p. 38. 

                                                 
Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 29 April 2004. 

For the Commission 
David BYRNE 
Member of the Commission 

 
 
 
The Annex to Decision 2002/757/EC is amended as follows: 

ANNEX 

1. 

2. 

In  the  first  paragraph  of  point  1a  and  point  2  “Article  7  or  8  of  Directive 
2000/29/EC” is replaced by “Article 13(1) of Directive 2000/29/EC”.  

Point 3 is replaced by the following: 

“3.  Plants 

intended  for  planting  of  Viburnum  spp.,  Camellia  spp.  and 
Rhododendron spp., other than Rhododendron simsii Planch, other than seeds, 
originating in the Community may be moved from the place of production only 
if they are accompanied by a plant passport and: 

(a) 

the plants originate in areas in which the harmful organism is known not 
to occur; or 

(b)  no signs of the harmful organism have been observed on the plants at the 
place  of  production  since  the  beginning  of  the  last  complete  cycle  of 
vegetation  on  official  inspections,  including  laboratory  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  the  harmful  organism  have  been  found  on  the 
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 radius of the infected plants, and  

(i) 

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  

official  additional  inspections  have  been  carried  out  at  least 
twice in the three months after the eradication measures have 
been taken when the plants are in active growth, and 

while during this three months-period no treatments that may 
suppress  symptoms  of  the  harmful  organism  have  been 
carried out, and  

the plants have been found free from the harmful organism in 
these official inspections, 

(ii) 

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

3. 

The following point 4 is added: 

“4. 

In cases where signs of the harmful organism have been found on any plants at 
places in the Community other than places of production, Member States shall 
take appropriate  measures to  at least  contain  the  harmful  organism. This  may 
include the determination of the area concerned in which the measures shall be 
implemented.”