Commission Directive 2005/16/EC of 2 March 2005 amending Annexes I to 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: 2005-03-02
Institutions: European Commission
Subjects: plant health control, plant health legislation, protection of plant life

3.3.2005

EN

Official Journal of the European Union

L 57/19

COMMISSION DIRECTIVE 2005/16/EC

of 2 March 2005

amending Annexes I to 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,

(6)

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
the second paragraph of
particular points
Article 14 thereof,

(c) and (d) of

After consulting the Member States concerned,

Whereas:

(1)

(2)

(3)

(4)

(5)

Directive 2000/29/EC provides
for certain measures
against the introduction into the Member States from
other Member States or third countries of organisms
which are harmful to plants or plant products. It also
provides for certain zones to be designed as protection
zones.

Due to a clerical error in the 2003 Act of Accession, the
list of counties in Sweden recognised as a protected zone
in respect of Leptinotarsa decemlineata Say was incorrect
and needs to be rectified.

From information supplied by Denmark, that Member
State should no longer be recognised as a protected
zone in respect of Beet necrotic yellow vein virus as it
appears that that harmful organism is now established in
Denmark.

in

some
the

From information supplied by the United Kingdom,
it
appears that Dendroctonus micans Kugelan is now estab-
the United Kingdom.
of
parts
lished
Accordingly,
of
zone
protected
Dendroctonus micans Kugelan should be restricted to
Northern Ireland.
the protected zone in
respect of that organism should also be restricted to
the Isle of Man and Jersey.

In addition,

respect

in

it appears that
From information supplied by Estonia,
is not present in
Erwinia amylovora (Burr.) Winsl. et al.
that Member State. Estonia may therefore be recognised
as a protected zone for that organism.

From information supplied by Italy and from additional
information collected by the Food and Veterinary Office
during a mission in Italy in May 2004, it appears that
Citrus tristeza virus is now established in that Member
State. Italy should therefore no longer be recognised as a
protected zone in respect of Citrus tristeza virus.

From the Swiss legislation on plant protection, it appears
that the Canton of Ticino is no longer recognised as a
protected zone for Erwinia amylovora (Burr.) Winsl. et al.
in Switzerland. The rules on imports to the Community
should be adjusted to remove special treatment given to
plants originating in Ticino.

Due to a clerical error in the preparation of Commission
Directive 2004/31/EC (2), the special requirements for the
introduction and movement of Vitis plants in Cyprus as
laid down in point 21.1 of Part B of Annex IV to
Directive
deleted.
erroneously
2000/29/EC were
Accordingly, that Annex should be amended.

to enhance

In order
the phytosanitary protection
of the Community seeds of Medicago sativa L. and the
Community certified seeds of Helianthus annuus L., Lyco-
persicon lycopersicum (L.) Karsten ex Farw. and Phaseolus L.,
those seeds need to be accompanied by a plant passport
when moving, other than locally, within the Community.

(7)

(8)

(9)

(10)

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

(11)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Directive are in
Standing
the

of

opinion

HAS ADOPTED THIS DIRECTIVE:

Article 1

II,

III,

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

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

last amended by
Commission Directive 2004/102/EC (OJ L 309, 6.10.2004, p. 9).

(2) OJ L 85, 23.3.2004, p. 18.

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Official Journal of the European Union

3.3.2005

Article 2

Article 3

1. Member States shall adopt and publish, by 14 May 2005
at the latest, 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.

They shall apply those provisions from 15 May 2005.

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

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

This Directive shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 2 March 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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EN

Official Journal of the European Union

L 57/21

ANNEX

Annexes I, II, III, IV and V to Directive 2000/29/EC are amended as follows:

1. Annex I, Part B, is amended as follows:

(a) Under heading (a), point 3, the second column is replaced by the following:

‘E (Ibiza and Menorca), IRL, CY, M, P (Azores and Madeira), UK, S (Blekinge, Gotland, Halland, Kalmar, Skåne), FI
(the districts of Åland, Turku, Uusimaa, Kymi, Häme, Pirkanmaa, Satakunta)’;

(b) Under heading (b), point 1, ‘DK’ is deleted.

2. Annex II, Part B, is amended as follows:

(a) Under heading (a), point 3, the third column is replaced by the following:

‘EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)’;

(b) Under heading (b), point 2, ‘EE’ is inserted before ‘F (Corsica)’ in the third column;

(c) Under heading (d), point 1, in the third column, ‘I’ is deleted.

3. In Annex III, Part B, in points 1 and 2, in the second column, ‘EE’ is inserted before ‘F (Corsica)’.

4. Annex IV, Part B, is amended as follows:

(a)

In point 1, the third column is replaced by the following:

‘EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)’.

(b)

In point 7, the third column is replaced by the following:

‘EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)’.

(c)

In point 14.1, the third column is replaced by the following:

‘EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)’.

(d)

In the third column of point 20.1, ‘DK’ is deleted.

(e)

In the third column of point 20.2, ‘DK’ is deleted.

(f)

Point 21 is amended as follows:

(i) in the second column, under point (c), ‘Ticino’ is deleted;

(ii) in the third column, ‘EE’ is inserted before ‘F (Corsica)’.

(g) The following point 21.1 is inserted:

‘21.1. Plants of Vitis L., other than

fruit and seeds

Without prejudice to the prohibition in Annex III Part A
point 15, on introducing plants of Vitis L. other than fruits
from third countries
into the
(except Switzerland)
Community, official statement that the plants:

(a) originate in an area known to be free from Daktulo-

CY’

sphaira vitifoliae (Fitch);

or

(b) have been grown at a place of production which has
been found free from Daktulosphaira vitifoliae (Fitch) on
official
two
complete cycles of vegetation;

inspections carried out during the last

or

(c) have been subject to fumigation or other appropriate

treatment against Daktulosphaira vitifoliae (Fitch).

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Official Journal of the European Union

3.3.2005

(h) Point 21.3 is amended as follows:

(i) in the second column, in point (b), ‘Ticino’ is deleted;

(ii) in the third column ‘EE’ is inserted before ‘F (Corsica)’.

(i)

(j)

In the third column of point 22, ‘DK’ is deleted.

In the third column of point 23, ‘DK’ is deleted.

(k)

In the third column of point 25, ‘DK’ is deleted.

(l)

In the third column of point 26, ‘DK’ is deleted.

(m) In the third column of point 27.1, ‘DK’ is deleted.

(n)

In the third column of point 27.2, ‘DK’ is deleted.

(o)

In the third column of point 30, ‘DK’ is deleted.

(p) Point 31 is amended as follows:

‘31. Fruits of Citrus L., Fortunella
Swingle,
and
their hybrids originating in E,
F (except Corsica), CY and I

Poncirus Raf.,

Without prejudice to the requirement in Annex IV Part A
Section II point 30.1 that packaging should bear an origin
mark:

EL, F
(Corsica),
M, P’

(a) the fruits shall be free from leaves and peduncles; or

(b) in the case of fruits with leaves or peduncles, official
statement that the fruits are packed in closed containers
which have been officially sealed and shall remain
sealed during their
through a protected
transport
zone, recognised for these fruits, and shall bear a distin-
guishing mark to be reported on the passport.

5. Annex V, Part A is amended as follows:

The text in point 2.4 is replaced by the following:

‘— Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and

plants of Allium porrum L. intended for planting,

— Seeds of Medicago sativa L.,

— Certified seeds of Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw. and Phaseolus L.’