Corrigendum to Commission 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. (OJ L 154, 30.4.2004)
Date: 2004-05-27
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, plant health legislation, protection of plant life

27.5.2004

EN

Official Journal of the European Union

L 189/1

CORRIGENDA

Corrigendum to Commission 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.

(Official Journal of the European Union L 154 of 30 April 2004)

Decision 2004/426/EC should read as follows:

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 Com-
munity,

Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against the introduction into the Com-
munity of organisms harmful to plants or plant products and
against their spread within the Community (1) and in particular
Article 16(3), fourth sentence thereof,

Whereas:

(1)

(2)

(3)

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.

By Commission Decision 2002/757/EC ( (2)) 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 Deci-
sion 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.

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commis-

sion Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).

(2) OJ L 252, 20.9.2002, p. 37.

(4)

(5)

(6)

(7)

(8)

(9)

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.

shall notify

It appears necessary to ensure that the registered produ-
cers
suspected occurrence or
confirmed presence of the harmful organism to their
responsible official bodies.

every

It further appears necessary to extend the surveys carried
out by the Member States as regards evidence of infesta-
tion 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 assess-
ment. The subsequent measures should also take into
account the information to be provided and the scientific
opinions to be delivered by the Member States.

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

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

L 189/2

EN

Official Journal of the European Union

27.5.2004

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), Loni-
cera 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), Umbellu-
laria californica (Pursch.), Vaccinium vitis-idaea Britt., Vacci-
nium 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:

2. Member States shall ensure that the registered produ-
cers shall notify every suspected occurrence or confirmed
presence of the harmful organism on the place of produc-
tion 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 deter-
mine 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 Deci-
sion.’

5. In Article 8 ‘31 December 2003’

is

replaced by ‘31

December 2004’.

6. The Annex is amended in accordance with the Annex to

this Decision.

Article 2

‘Article 5

This Decision is addressed to the Member States.

Plants intended for planting of Viburnum spp., Camellia
1.
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 regis-
tered in accordance with the provisions of Commission
Directive 92/90/EEC (*).

Done at Brussels, 29 April 2004.

For the Commission

David BYRNE

Member of the Commission

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

27.5.2004

EN

Official Journal of the European Union

L 189/3

ANNEX

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

1.

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’.

2. 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 eradi-

cation 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 inspec-
tions.’;

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 imple-
mented.’