Commission Directive 2004/102/EC of 5 October 2004 amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Date: 2004-10-05
Institutions: European Commission
Subjects: import, originating product, plant disease, plant health control, protection of plant life, third country, wood product

6.10.2004

EN

Official Journal of the European Union

L 309/9

COMMISSION DIRECTIVE 2004/102/EC

of 5 October 2004

amending Annexes II, III, IV and V to Council Directive 2000/29/EC on protective measures against
the introduction into the Community of organisms harmful to plants or plant products and against
their spread within the Community

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 points
the second paragraph of
Article 14 thereof,

(c) and (d) of

Whereas:

(1)

(2)

(3)

(4)

that of Thuja L.,

load boards, dunnage,

Directive 2000/29/EC stipulates that wood of conifers
(Coniferales), except
in the form of
packing cases, crates, drums, pallets, box pallets or
and bearers
other
its natural round
including that which has not kept
surface, originating in Canada, China,
Japan, Korea,
Taiwan and the USA shall be stripped of its bark, and
shall be free from grub holes larger than 3 mm across,
and shall have a moisture content expressed as a
percentage of dry matter, of less than 20 %, achieved at
the time of manufacture.

spacers

for

FAO International

Standard for Phytosanitary
The
Measures No 15 on Guidelines
regulating wood
packaging material in international trade (2) contains phyto-
sanitary measures in respect of movement of wood
packaging material in the form of packing cases, crates,
drums, pallets,
load boards, pallet collars and dunnage,
aiming at reducing the risk of introduction and/or spread
of quarantine pests associated with wood packaging
material, made of coniferous and non-coniferous raw
wood,
relevant
provisions of Directive 2000/29/EC on wood packaging
material should be brought in line with the provisions of
the said Guidelines.

in international

trade. The

in use

The provisions for wood originating in countries where
Bursaphelenchus xylophilus (Steiner et Bührer) Nickle et al.
is known to occur should be modified as new technical
treatments against this pathogen became available.

provisions

The
Kazakhstan,

for wood

originating

and Turkey and other

in Russia,
third countries

should be improved and adjusted to better protect the
Community against the introduction of wood affecting
harmful organisms and to take into account new
technical
treatments, which recently became available
against wood affecting harmful organisms.

These improved measures should include the use of a
‘phytosanitary certificate’ for wood products originating
in third countries.

The provisions as regards Cryphonectria parasitica (Murrill.)
Barr.
the
should be modified to take into account
updated information on its presence in the Community
and its risk of introduction into and spread within the
Community with wood and isolated bark of Castanea
Mill., by restricting them to protected zones in the
Czech Republic, Denmark, Greece, Ireland, Sweden and
the United Kingdom where it has been determined that
this organism is not present.

The provisions as regards wood products which must be
subjected to a plant health inspection in the country of
origin or the consignor country, if originating outside the
Community, before being permitted to enter
the
Community or moved within the Community, should
be modified in the light of the changes made to the
technical requirements on such wood and changes in
the tariff and statistical nomenclature and the Common
Customs Tariff.

The provisions as regards the risk of
introduction of
harmful organisms with isolated bark of conifers (Coni-
ferales) originating in certain third countries should be
modified, as new information became available on
treatment of such isolated bark, obviating the above risk.

(Davidson)
The harmful organism Ceratocystis virescens
Moreau is
likely to become the generally accepted
name for the organism Ceratocystis coerulescens (Münch)
Bakshi.

(5)

(6)

(7)

(8)

(9)

(10)

The relevant annexes to Directive 2000/29/EC should
therefore be amended accordingly.

(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) ISPM No 15, March 2002, FAO, Rome.

(11)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Directive are in
Standing
the

of

opinion

L 309/10

EN

Official Journal of the European Union

6.10.2004

HAS ADOPTED THIS DIRECTIVE:

Article 1

2. Member States shall communicate to the Commission the
text of the main provisions of national law, which they adopt in
the field governed by this Directive.

Annexes II, III, IV and V to Directive 2000/29/EC are amended
in accordance with the Annex to this Directive.

Article 3

Article 2

the latest,

1. Member States shall adopt and publish by 28 February
2005 at
the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

This Directive shall enter into force on the twentieth day
following that of its publication in the Official
Journal of the
European Union.

Article 4

This Directive is addressed to the Member States.

They shall apply those provisions from 1 March 2005.

Done at Brussels, 5 October 2004.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

For the Commission

David BYRNE
Member of the Commission

6.10.2004

EN

Official Journal of the European Union

L 309/11

1. In Annex II, Part A, Section I, point (c) 4 is replaced by the following:

ANNEX

‘4. Ceratocystis virescens (Davidson) Moreau

Plants of Acer saccharum Marsh., other than fruit and
seeds, originating in the USA and Canada, wood of
Acer saccharum Marsh.,
including wood which has not
kept its natural round surface, originating in the USA
and Canada’.

2. In Annex II, Part A, Section II, point (c) 3, the text of the right hand column is replaced by the following:

‘Plants of Castanea Mill and Quercus L., intended for planting, other than seeds’.

3. In Annex II, Part B(c), the following point is added before point 1:

‘01 Cryphonectria parasitica
(Murrill.) Barr.

Wood, excluding wood which is bark-free, and
isolated bark of Castanea Mill.

CZ, DK, EL, (Crete, Lesvos) IRL,
S, UK (except the Isle of Man)’.

4. In Annex III, Part A, point 4 is deleted.

5. Annex IV, Part A, Section I, points 1.1, 1.2, 1.3, 1.4 and 1.5 are replaced by the following:

‘1.1. Whether or not

listed among the CN codes in
Annex V, Part B, wood of conifers (Coniferales),
except that of Thuja L., other than in the form of:

Official
appropriate:

statement

that

the wood has undergone an

— chips, particles, sawdust, shavings, wood waste
and scrap obtained in whole or part from these
conifers,

— wood packaging material,

in the

form of
packing cases, boxes, crates, drums and similar
packings, pallets, box pallets and other load
boards, pallet collars, actually in use in the
transport of objects of all kinds,

— wood used to wedge or support non-wood

cargo,

— wood of Libocedrus decurrens Torr. where there is
evidence that the wood has been processed or
manufactured for pencils using heat treatment to
achieve a minimum temperature of 82 °C for a
seven to eight-day period,

but including that which has not kept its natural
round surface, originating in Canada, China, Japan,
the Republic of Korea, Mexico, Taiwan and the
USA, where Bursaphelenchus xylophilus
(Steiner et
Bührer) Nickle et al. is known to occur.

(a) heat

to

treatment

a minimum core
achieve
temperature of 56 °C for at least 30 minutes. There
shall be evidence thereof by a mark “HT” put on the
wood or on any wrapping in accordance with current
usage, and on the certificates referred to in Article
13.1.(ii),

or

(b) fumigation to a specification approved in accordance
with the procedure laid down in Article 18.2. There
shall be evidence thereof by indicating on the certi-
the active
ficates
ingredient,
the
rate (g/m3) and the exposure time (h),

the minimum wood temperature,

referred to in Article 13.1.(ii),

or

(c) chemical pressure

impregnation with a product
approved in accordance with the procedure laid
down in Article 18.2. There shall be evidence
thereof by indicating on the certificates referred to
in Article 13.1.(ii), the active ingredient, the pressure
(psi or kPa) and the concentration (%).

L 309/12

EN

Official Journal of the European Union

6.10.2004

1.2. Whether or not

listed among the CN codes in
Annex V, Part B, wood of conifers (Coniferales),
except that of Thuja L., in the form of:

Official
appropriate:

statement

that

the wood has undergone an

— chips, particles, sawdust, shavings, wood waste
and scrap obtained in whole or part from these
conifers,

originating in Canada, China, Japan, the Republic of
Korea, Mexico, Taiwan and the USA, where Bursa-
phelenchus xylophilus (Steiner et Bührer) Nickle et al.
is known to occur.

(a) heat

to

treatment

a minimum core
achieve
temperature of 56 °C for at least 30 minutes, the
latter to be indicated on the certificates referred to
in Article 13.1.(ii),

or

(b) fumigation to a specification approved in accordance
with the procedure laid down in Article 18.2. There
shall be evidence thereof by indicating on the certi-
the active
ficates
ingredient,
the
rate (g/m3) and the exposure time (h).

the minimum wood temperature,

referred to in Article 13.1.(ii),

1.3. Whether or not

listed among the CN codes in
Annex V, Part B, wood of Thuja L., other than in
the form of:

Official statement that the wood:

(a)

is bark-free,

— chips, particles, sawdust, shavings, wood waste

and scrap,

or

— wood packaging material,

in the

form of
packing cases, boxes, crates, drums and similar
packings, pallets, box pallets and other load
boards, pallet collars, actually in use in the
transport of objects of all kinds,

— wood used to wedge or support non-wood

cargo,

originating in Canada, China, Japan, the Republic of
Korea, Mexico, Taiwan and the USA, where Bursa-
phelenchus xylophilus (Steiner et Bührer) Nickle et al.
is known to occur.

(b) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule. There shall be evidence thereof by a mark
“kiln-dried” or
internationally
recognised mark, put on the wood or on any
wrapping in accordance with current usage,

“K.D.” or

another

or

(c) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for
at least 30 minutes. There shall be evidence thereof
by a mark “HT” put on the wood or on any wrapping
in accordance with current usage and on the certi-
ficates referred to in Article 13.1.(ii),

treatment

or

(d) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence
thereof by indicating on the certificates referred to
in Article 13.1.(ii),
the
the
ingredient,
the rate (g/m3) and
minimum wood temperature,
the exposure time (h),

active

or

(e) has undergone an appropriate chemical pressure
impregnation with a product approved in accordance
with the procedure laid down in Article 18.2. There
shall be evidence thereof by indicating on the certi-
ficates
the active
ingredient, the pressure (psi or kPa) and the concen-
tration (%).

referred to in Article 13.1.(ii),

6.10.2004

EN

Official Journal of the European Union

L 309/13

1.4. Whether or not

listed among the CN codes in
Annex V, Part B, wood of Thuja L., in the form of:

Official statement that the wood:

— chips, particles, sawdust, shavings, wood waste

and scrap,

originating in Canada, China, Japan, the Republic of
Korea, Mexico, Taiwan and the USA, where Bursa-
phelenchus xylophilus (Steiner et Bührer) Nickle et al.
is known to occur.

(a) has been produced from debarked round wood,

or

(b) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule,

or

(c) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence
thereof by indicating on the certificates referred to
ingredient,
in Article 13.1.(ii),
the
the
the rate (g/m3) and
minimum wood temperature,
the exposure time (h),

active

or

(d) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for
at least 30 minutes, the latter to be indicated on
the certificates referred to in Article 13.1.(ii).

treatment

1.5. Whether or not

listed among the CN codes in
Annex V, Part B, wood of conifers (Coniferales),
other than in the form of:

Official statement that the wood:

(a) originates in areas known to be free from:

— chips, particles, sawdust, shavings, wood waste
and scrap obtained in whole or part from these
conifers,

— Monochamus spp. (non-European)

— wood packaging material in the form of packing
cases, boxes, crates, drums and similar packings,
pallets, box pallets and other load boards, pallet
collars, actually in use in the transport of objects
of all kinds,

— Pissodes spp. (non-European)

— Scolytidae spp. (non-European)

— wood used to wedge or support non-wood

cargo,

The area shall be mentioned on the certificates
referred to in Article 13.1.(ii), under
the rubric
“place of origin,”

but including that which has not kept its natural
round surface, originating in Russia, Kazakhstan and
Turkey.

or

(b) is bark-free and free from grub holes, caused by the
genus Monochamus spp. (non-European), defined for
this purpose as those which are larger than 3 mm
across,

or

L 309/14

EN

Official Journal of the European Union

6.10.2004

(c) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule. There shall be evidence thereof by a mark
“kiln-dried” or
internationally
recognised mark, put on the wood or on any
wrapping in accordance with the current usage,

“K.D”. or

another

or

(d) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for at
least 30 minutes. There shall be evidence thereof by a
mark “HT” put on the wood or on any wrapping in
accordance with current usage, and on the certificates
referred to in Article 13.1.(ii),

treatment

or

(e) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence
thereof by indicating on the certificates referred to
in Article 13.1.(ii),
the
the
ingredient,
the rate (g/m3) and
minimum wood temperature,
the exposure time (h),

active

or

(f) has undergone an appropriate chemical pressure
impregnation with a product approved in accordance
with the procedure laid down in Article 18.2. There
shall be evidence thereof by indicating on the certi-
the active
ficates
ingredient, the pressure (psi or kPa) and the concen-
tration (%).

referred to in Article 13.1.(ii),

1.6. Whether or not

listed among the CN codes in
Annex V, Part B, wood of conifers (Coniferales),
other than in the form of:

Official statement that the wood:

— chips, particles, sawdust, shavings, wood waste
and scrap obtained in whole or part from these
conifers,

(a)

is bark-free and free from grub holes, caused by the
genus Monochamus spp. (non-European), defined for
this purpose as those which are larger than 3 mm
across,

— wood packaging material,

in the

form of
packing cases, boxes, crates, drums and similar
packings, pallets, box pallets and other load
boards, pallet collars, actually in use in the
transport of objects of all kinds,

or

(b) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule. There shall be evidence thereof by a mark
“kiln-dried” or
internationally
recognised mark, put on the wood or on any
wrapping in accordance with current usage,

“K.D” or

another

6.10.2004

EN

Official Journal of the European Union

L 309/15

— wood used to wedge or support non-wood

or

cargo,

but including that which has not kept its natural
round surface, originating in third countries, other
than:

— Russia, Kazakhstan and Turkey,

— European countries,

(c) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence
thereof by indicating on the certificates referred to
ingredient,
in Article 13.1.(ii),
the
the
the rate (g/m3) and
minimum wood temperature,
the exposure time (h),

active

or

— Canada, China,

Japan,

the Republic of Korea,
Mexico, Taiwan and the USA, where Bursaphe-
lenchus xylophilus (Steiner et Bührer) Nickle et al.
is known to occur.

(d) has undergone an appropriate chemical pressure
impregnation with a product approved in accordance
with the procedure laid down in Article 18.2. There
shall be evidence thereof by indicating on the certi-
ficates
the active
ingredient, the pressure (psi or kPa) and the concen-
tration (%),

referred to in Article 13.1.(ii),

or

(e) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for at
least 30 minutes. There shall be evidence thereof by a
mark “HT” put on the wood or on any wrapping in
accordance with current usage, and on the certificates
referred to in Article 13.1.(ii).

treatment

1.7. Whether or not listed among the CN codes listed in
Annex V, Part B, wood in the form of chips,
particles, sawdust, shavings, wood waste and scrap
obtained in whole or in part from conifers (Coni-
ferales), originating in

Official statement that the wood:

(a) originates in areas known to be free from:

— Russia, Kazakhstan and Turkey,

— non-European countries other

than Canada,
Japan, the Republic of Korea, Mexico,
China,
Taiwan and the USA, where Bursaphelenchus
is
xylophilus
known to occur.

(Steiner et Bührer) Nickle et al.

— Monochamus spp. (non-European)

— Pissodes spp. (non-European)

— Scolytidae spp. (non-European)

The area shall be mentioned on the certificates
the rubric
referred to in Article 13.1.(ii), under
“place of origin,”

or

(b) has been produced from debarked round wood,

or

(c) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule,

or

L 309/16

EN

Official Journal of the European Union

6.10.2004

(d) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence of
the fumigation by indicating on the certificates
referred to in Article 13.1.(ii), the active ingredient,
the minimum wood temperature, the rate (g/m3) and
the exposure time (h),

or

(e) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for
at least 30 minutes, the latter to be indicated on
the certificates referred to in Article 13.1.(ii).’

treatment

6. In Annex IV, Part A, Section I, a new point 2 is added:

‘2. Wood packaging material,

in the form of packing
cases, boxes, crates, drums and similar packings,
pallets, box pallets and other load boards, pallet
collars, actually in use in the transport of objects of
all kinds, except raw wood of 6 mm thickness or less,
and processed wood produced by glue, heat and
pressure, or a combination thereof, coming from
third countries, except Switzerland.

The wood packaging material shall:

— be made from debarked round wood, and

— be subject

to one of

the approved measures as
specified in Annex I to FAO International Standard
for Phytosanitary Measures No 15 on Guidelines for
regulating wood packaging material in international trade,
and

— display a mark with:

(a)

the two-letter ISO country code, a code iden-
tifying the producer and the code identifying
the approved measure applied to the wood
packaging material
in the mark as specified in
Annex II
to FAO International Standard for
Phytosanitary Measures No 15 on Guidelines for
regulating wood packaging material
in international
trade. The letters “DB” shall be added to the
abbreviation of the approved measure included
in the said mark.

and

repaired or

(b) in the case of wood packaging material manu-
factured,
recycled as of 1 March
2005, also the logo as specified in Annex II to
the said FAO Standard. However the requirement
is not applicable on a temporary basis until 31
December 2007 in the case of wood packaging
material manufactured,
recycled
before 28 February 2005.’

repaired or

6.10.2004

EN

Official Journal of the European Union

L 309/17

7. In Annex IV, part A, Section I, point 2.1. is replaced by the following:

‘2.1. Wood of Acer saccharum Marsh.,
its natural

which has not kept
other than in the form of:

including wood
round surface,

— wood intended for the production of veneer

sheets,

— chips, particles, sawdust, shavings, wood waste

and scrap,

originating in the USA and Canada.

that

time/temperature

Official statement
the wood has undergone kiln-
drying to below 20 % moisture content, expressed as a
percentage of dry matter, achieved through an appro-
priate
be
evidence thereof by a mark “Kiln-dried” or “KD” or
another
internationally recognised mark, put on the
wood or on any wrapping in accordance with current
usage.’

schedule.

There

shall

8. In Annex IV, Part A, Section I, point 2.2. is replaced by the following:

‘2.2. Wood of Acer saccharum Marsh.,

intended for the
sheets, originating in the

production of veneer
USA and Canada.

that

Official statement
the wood originates in areas
known to be free from Ceratocystis virescens (Davidson)
Moreau and is intended for the production of veneer
sheets.’

9. In Annex IV, part A, Section I, point 3 is replaced by the following:

‘3. Wood of Quercus L., other than in the form of:

Official statement that the wood:

— chips, particles, sawdust, shavings, wood waste

(a)

and scrap,

is squared so as to remove entirely the rounded
surface,

— casks, barrels, vats,

tubs and other coopers’
products and parts thereof, of wood,
including
staves where there is documented evidence that
the wood has been produced or manufactured
using heat
to achieve a minimum
temperature of 176 °C for 20 minutes

treatment

or

(b) is bark-free and the water content is less than 20 %

expressed as a percentage of the dry matter,

including wood which has not kept

but
natural round surface, originating in the USA.

its

or

(c)

is bark-free and has been disinfected by an appro-
priate hot-air or hot water treatment,

or

(d) if sawn, with or without residual bark attached, has
undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule. There shall be evidence thereof by a mark
“Kiln-dried” or
internationally
recognised mark, put on the wood or on any
wrapping in accordance with current usage.’

“KD” or

another

L 309/18

EN

Official Journal of the European Union

6.10.2004

10. In Annex IV, Part A, Section I, point 4, is deleted.

11. In Annex IV, Part A, Section I, point 5 is replaced by the following:

‘Wood of Platanus L., except that in the form of chips,
particles, sawdust, shavings, wood waste and scrap, but
including wood which has not kept its natural round
surface, originating in the USA or Armenia.

that

time/temperature

Official statement
the wood has undergone kiln-
drying to below 20 % moisture content, expressed as a
percentage of dry matter, achieved through an appro-
shall
priate
be
evidence thereof by a mark “kiln-dried” or
“KD” or
another
internationally recognised mark, put on the
wood or on any wrapping in accordance with current
usage.’

schedule.

There

12. In Annex IV, Part A, Section I, point 6 is replaced by the following:

‘Wood of Populus L., except that in the form of chips,
particles, sawdust, shavings, wood waste and scrap, but
including wood which has not kept its natural round
surface, originating
the American
continent.

in countries of

Official statement that the wood:

— is bark-free

or

— has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter,
achieved through an appropriate time/temperature
schedule. There shall be evidence thereof by a mark
“kiln-dried” or
internationally
recognised mark, put on the wood or on any
wrapping in accordance with current usage.’

“KD” or

another

13. In Annex IV, Part A, Section I, point 7, is replaced by the following:

‘7.1. Whether or not

listed among the CN codes in
Annex V, Part B, wood in the form of chips,
particles, sawdust, shavings, wood waste and scrap
and obtained in whole or in part from:

Official statement that the wood:

(a) has been produced from debarked round wood,

— Acer saccharum Marsh., originating in the USA

and Canada,

or

— Platanus L., originating in the USA or Armenia,

— Populus

L.,

originating

in

the American

continent.

(b) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter
achieved through an appropriate time/temperature
schedule,

or

(c) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence of
the fumigation by indicating on the certificates
referred to in Article 13.1.(ii), the active ingredient,
the minimum wood temperature, the rate (g/m3) and
the exposure time (h),

or

(d) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for
at least 30 minutes, the latter to be indicated on
the certificates referred to in Article 13.1.(ii).

treatment

6.10.2004

EN

Official Journal of the European Union

L 309/19

7.2. Whether or not

listed among the CN codes in
Annex V, Part B, wood in the form of chips,
particles, sawdust, shavings, wood waste and scrap
and obtained in whole or part from Quercus L. origi-
nating in the USA.

Official statement that the wood:

(a) has undergone kiln-drying to below 20 % moisture
content, expressed as a percentage of dry matter
achieved through an appropriate time/temperature
schedule,

or

(b) has undergone an appropriate fumigation to a speci-
fication approved in accordance with the procedure
laid down in Article 18.2. There shall be evidence of
the fumigation by indicating on the certificates
referred to in Article 13.1.(ii), the active ingredient,
the minimum wood temperature, the rate (g/m3) and
the exposure time (h),

or

(c) has undergone an appropriate heat

to
achieve a minimum core temperature of 56 °C for
at least 30 minutes, the latter to be indicated on
the certificates referred to in 13.1.(ii).’

treatment

14. In Annex IV, Part A, Section I, a new point 7.3. is added:

‘7.3.

Isolated bark of conifers (Coniferales), originating in
non-European countries

Official statement that the isolated bark:

fumigant

(a) has been subjected to an appropriate fumigation with
a
approved in accordance with the
procedure laid down in Article 18.2. There shall be
evidence thereof by indicating on the certificates
referred to in Article 13.1.(ii), the active ingredient,
the minimum bark temperature, the rate (g/m3) and
the exposure time (h),

or

(b) has undergone an appropriate heat

to
achieve the minimum temperature of 56 °C for at
least 30 minutes, the latter to be indicated on the
certificates referred to in Article 13.1.(ii).’

treatment

15. In Annex IV, Part A, Section I, a new point 8 is added:

‘8. Wood used to wedge or support non-wood cargo,
including that which has not kept its natural round
surface, except raw wood of 6 mm thickness or less
and processed wood produced by glue, heat and
pressure, or a combination thereof, coming from
third countries, except Switzerland.

The wood shall:

(a) be made from debarked round wood and:

L 309/20

EN

Official Journal of the European Union

6.10.2004

— be subject to one of the approved measures as
specified in Annex I
to FAO International
Standard for Phytosanitary Measures No 15 on
Guidelines for regulating wood packaging material
in
international trade, and

— display a mark with at least the two-letter ISO
country code, a code identifying the producer
and the code identifying the approved measure
in the
applied to the wood packaging material
mark as specified in Annex II to FAO Interna-
tional Standard for Phytosanitary Measures No
15 on Guidelines
regulating wood packaging
trade. The letters “DB”
material
shall be
the
abbreviation of
approved measure included in the said mark.

added to the

in international

for

or on a temporary basis until 31 December 2007

(b) be made from bark-free wood that is free from pests

and signs of live pests.’

16. In Annex IV, Part A, Section I, point 11.1., is replaced by the following:

‘11.01. Plants of Quercus L., other than fruit and seeds,

originating in the USA

Without prejudice to the provisions applicable to the
plants listed in Annex III(A)(2), official statement that
the plants originate in areas known to be free from Cera-
tocystis fagacearum (Bretz) Hunt.

11.1.

Plants of Castanea Mill. and Quercus L., other than
fruit and seeds, originating in non-European
countries

Without prejudice to the prohibitions applicable to the
listed in Annex III(A)(2) and IV(A)(I)(11.01.),
plants
official statement that no symptoms of Cronartium spp.
(non-European) have been observed at
the place of
production or its immediate vicinity since the beginning
of the last complete cycle of vegetation.’

17. In Annex IV, Part A, Section I, point 12, the text in the left hand column is replaced by the following:

‘12. Plants of Platanus L., intended for planting, other than seeds, originating in the USA or Armenia.’

18. In Annex IV, Part A, Section II, points 1 and 3 are deleted.

6.10.2004

EN

Official Journal of the European Union

L 309/21

19. In Annex IV, Part B, a new point 6.3. is added:

‘6.3. Wood of Castanea Mill.

(a) The wood shall be bark-free

CZ, DK, EL,
(Crete, Lesvos)
IRL, S, UK (except the Isle of
Man)’.

or

(b) Official statement that the wood:

(i) originates in areas known to be free from
Cryphonectria parasitica (Murrill.) Barr.

or

of

content,

expressed

dry matter,

(ii) has undergone kiln-drying to below 20 %
a
as
moisture
percentage
achieved
through an appropriate time/temperature
schedule. There shall be evidence thereof
by a mark “Kiln-dried” or
“KD” or
another internationally recognised mark,
put on the wood or on any wrapping in
accordance with current usage.

20. In Annex IV, Part B, point 14.1, the words ‘without prejudice to the prohibitions applicable to the bark listed in

Annex III(a)(4)’ in the middle column are deleted.

21. In Annex IV, Part B, points 14.2, 14.3, 14.4, 14.5 and 14.6 the words ‘Annex III(A)(4),’ in the middle column are

deleted.

22. In Annex IV, Part B, a new point 14.9. is added:

‘14.9.

Isolated bark of
Castanea Mill.

Official statement that the isolated bark:

CZ, DK, EL,
(Crete, Lesvos)
IRL, S, UK (except the Isle of
Man)’.

(a) originates in areas known to be free from

Cryphonectria parasitica (Murrill.) Barr.

or

(b) has been subjected to fumigation or other
appropriate treatment against Cryphonectria
to a specification
parasitica (Murrill.) Barr.
approved in accordance with the procedure
laid down in Article 18.2. There shall be
evidence of the fumigation by indicating on
the certificates referred to in Article 13.1.(ii),
the minimum bark
the active ingredient,
temperature,
the
the
exposure time (h)

(g/m3)

rate

and

23. In Annex V, Part A, Section I, shall be amended as follows:

(a) Point 1.7. is replaced by the following:

‘1.7. Wood within the meaning of the first subparagraph of Article 2(2), where it:

(a) has been obtained in whole or part from Platanus L., including wood which has not kept its natural

round surface;

and

L 309/22

EN

Official Journal of the European Union

6.10.2004

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No
2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs
Tariff (1):

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 22 00

Non-coniferous wood, in chips or particles

ex 4401 30 90

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes,
pellets or similar forms

4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, not
stripped of bark or sapwood, or roughly squared

ex 4403 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the
rough, whether or not stripped of bark or sapwood, or roughly squared, not
treated with paint, stains, creosote or other preservatives

ex 4404 20 00

Non-coniferous split poles; piles, pickets and stakes of non-coniferous wood,
pointed but not sawn lengthwise

ex 4407 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn
or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm.’

(b) point 1.8. is deleted

24. Annex V, Part A, Section II, shall be amended as follows:

(a) point 1.10. is replaced by the following:

‘1.10. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from

— conifers (Coniferales), excluding wood which is bark-free,

— Castanea Mill., excluding wood which is bark-free;

and

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC)

No 2658/87:

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21 00

Coniferous wood, in chips or particles

4401 22 00

Non-coniferous wood, in chips or particles

ex 4401 30

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes,
pellets or similar forms

ex 4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, not
stripped of bark or sapwood, or roughly squared

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1558/2004 (OJ L 283, 2.9.2004, p. 7).

6.10.2004

EN

Official Journal of the European Union

L 309/23

CN code

Description

ex 4403 20

ex 4403 99

Coniferous wood in the rough, not stripped of bark or sapwood, or roughly
squared, not treated with paint, stains, creosote or other preservatives

Non-coniferous wood (other than tropical wood specified in subheading note 1
to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in
the rough, whether or not stripped of bark or sapwood, or roughly squared, not
treated with paint, stains, creosote or other preservatives

ex 4404

Split poles: piles, pickets and stakes of wood, pointed, but not sawn lengthwise

4406

Railway or tramway sleepers (cross-ties) of wood

4407 10

ex 4407 99

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not
planed, sanded or end-jointed, of a thickness exceeding 6 mm

Non-coniferous wood (other than tropical wood specified in subheading note 1
to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)),
sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or
end-jointed, of a thickness exceeding 6 mm.’

(b) point 1.11. is replaced by the following:

‘1.11.

Isolated bark of Castanea Mill, and conifers (Coniferales)’.

25. In Annex V, Part B, Section I, point 2, third indent is replaced by the following:

‘— Acer saccharum Marsh., originating in the USA and Canada.’

26. In Annex V, Part B, Section I, point 5, the first indent is replaced by the following:

‘— conifers (Coniferales), originating in non-European countries.’

27. In Annex V, Part B, Section I, point 6, is replaced by the following:

‘6. Wood within the meaning of the first subparagraph of Article 2(2), where it:

(a) has been obtained in whole or part from one of the order, genera or species as described hereafter, except

wood packaging material defined in Annex IV, Part A, Section I, Point 2:

— Quercus L., including wood which has not kept its natural round surface, originating in the USA, except
wood which meets the description referred to in (b) of CN code 4416 00 00 and where there is
documented evidence that the wood has been processed or manufactured using a heat treatment to
achieve a minimum temperature of 176 °C for 20 minutes,

— Platanus, including wood which has not kept its natural round surface, originating in the USA or Armenia,

L 309/24

EN

Official Journal of the European Union

6.10.2004

— Populus L., including wood which has not kept its natural round surface, originating in countries of the

American continent,

— Acer saccharum Marsh., including wood which has not kept its natural round surface, originating in the

USA and Canada,

— Conifers (Coniferales), including wood which has not kept its natural round surface, originating in non-

European countries, Kazakhstan, Russia and Turkey;

and

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No

2658/87:

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21 00

Coniferous wood, in chips or particles

4401 22 00

Non-coniferous wood, in chips or particles

4401 30 10

Sawdust

ex 4401 30 90

Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar
forms

4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, not
stripped of bark or sapwood, or roughly squared

4403 20

4403 91

ex 4403 99

Coniferous wood in the rough, other than treated with paint, stains, creosote or other
preservatives, whether or not stripped of bark or sapwood, or roughly squared

Oak wood (Quercus spp.) in the rough, other than treated with paint, stains, creosote or
other preservatives, whether or not stripped of bark of sapwood, or roughly squared

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the
rough, whether or not stripped of bark or sapwood, or roughly squared, not treated
with paint, stains, creosote or other preservatives

ex 4404

Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise

4406

Railway or tramway sleepers (cross-ties) of wood

4407 10

4407 91

ex 4407 99

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed,
sanded or end-jointed, of a thickness exceeding 6 mm

Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not
planed, sanded or end-jointed, of a thickness exceeding 6 mm

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn
or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed,
of a thickness exceeding 6 mm

4415

Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of
wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

4416 00 00

Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood,
including staves

9406 00 20

Prefabricated buildings of wood.’

6.10.2004

EN

Official Journal of the European Union

L 309/25

28. In Annex V, Part B, Section II, point 7, is replaced by the following:

‘7. Wood within the meaning of the first subparagraph of Article 2(2), where it:

(a) has been obtained in whole or part from conifers (Coniferales), excluding wood which is bark-free originating

in European third countries, and Castanea Mill., excluding wood which is bark-free

and

(b) meets one of the following descriptions laid down in Annex I, Part two to Council Regulation (EEC) No

2658/87:

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21 00

Coniferous wood, in chips or particles

4401 22 00

Non-coniferous wood, in chips or particles

ex 4401 30

Wood waste and scrap (other than sawdust), not agglomerated in logs, briquettes,
pellets or similar forms

ex 4403 10 00

Wood in the rough, treated with paint, stains, creosote or other preservatives, not
stripped of bark or sapwood, or roughly squared

ex 4403 20

ex 4403 99

Coniferous wood in the rough, other than treated with paint, stains, creosote or other
preservatives, not stripped of bark or sapwood or roughly squared

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), in the
rough, whether or not stripped of bark or sapwood, or roughly squared, not treated
with paint, stains, creosote or other preservatives

ex 4404

Split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise

4406

Railway or tramway sleepers (cross-ties) of wood

4407 10

ex 4407 99

Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed,
sanded or end-jointed, of a thickness exceeding 6 mm

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn
or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed,
of a thickness exceeding 6 mm

4415

Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of
wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

9406 00 20

Prefabricated buildings of wood.’

29. In Annex V, Part B, Section II, a new point 9 is added:

‘9. Isolated bark of conifers (Coniferales) originating in European third countries.’.