Commission Directive 2006/36/EC of  24 March 2006  amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC
Date: 2006-03-24
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, protected area

25.3.2006

EN

Official Journal of the European Union

L 88/13

COMMISSION DIRECTIVE 2006/36/EC

of 24 March 2006

amending Directive 2001/32/EC recognising protected zones exposed to particular plant health risks
in the Community and repealing Directive 92/76/EEC

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)

2001/32/EC (2),

By Commission Directive
certain
Member States or certain areas in Member States were
in respect of certain
recognised as protected zones
recognition was
harmful organisms.
granted provisionally, because the information necessary
to show that the harmful organism in question was not
present in the Member State or area concerned had not
been provided.

In some cases

(2) Where the Member States concerned have now provided
the necessary information, the zones in question should
be recognised as permanent protected zones.

(3)

(4)

(5)

(6)

Certain regions of Portugal were recognised as protected
zones with respect
(European
populations).

to Bemisia tabaci Genn.

Portugal has submitted information showing that Bemisia
tabaci Genn. (European populations) is now established in
some parts of its territory. Those parts of the Portuguese
territory should therefore no longer be recognised as a
protected zone in respect of that harmful organism.

Various regions or parts of regions in Austria and Italy,
and the whole territory of Ireland, Lithuania, Slovenia
and Slovakia, were provisionally recognised as protected
zones with respect to Erwinia amylovora (Burr.) Winsl. et
al. until 31 March 2006.

From information supplied by Austria,
Lithuania, Slovenia and Slovakia,

it appears that

Ireland,
the

Italy,

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

last amended by

Commission Directive 2006/14/EC (OJ L 34, 7.2.2006, p. 24).
(2) OJ L 127, 9.5.2001, p. 38. Directive as last amended by Directive

2005/18/EC (OJ L 57, 3.3.2005, p. 25).

provisional recognition of the protected zones for those
countries in respect of Erwinia amylovora (Burr.) Winsl. et
al. should exceptionally be extended for two years to give
those countries the necessary time to submit information
showing that Erwinia amylovora (Burr.) Winsl. et al. is not
present or, where necessary, to complete their efforts to
eradicate that organism.

In addition, as Erwinia amylovora (Burr.) Winsl. et al.
is
now established in some parts of Italy, in the Gorenjska
and Maribor regions of Slovenia and in some communes
the Dunajská Streda, Levice, Topoľčany, Poltár,
of
Rožňava
these
respective parts of the Italian, Slovenian and Slovakian
territory should no longer be recognised as a protected
zone for Erwinia amylovora (Burr.) Winsl. et al.

and Trebišov Counties

in Slovakia,

Lithuania was provisionally recognised as a protected
zone for beet necrotic yellow vein virus until 31 March
2006.

Lithuania has submitted information showing that beet
necrotic yellow vein virus is now established in that
should therefore no longer be
country. Lithuania
recognised as a protected zone in respect of
that
harmful organism.

(7)

(8)

(9)

(10) Malta was provisionally recognised as a protected zone
with respect to Citrus tristeza virus (European strains)
until 31 March 2006.

(11)

(12)

From information supplied by Malta, it appears that the
provisional recognition of the protected zone for that
country in respect of Citrus tristeza virus (European
strains) should exceptionally be extended for two years
to give that country the necessary time to submit infor-
mation showing that Citrus tristeza virus (European
strains) is not present or, where necessary, to complete
its efforts to eradicate that organism.

Cyprus was provisionally recognised as a protected zone
Ips
with respect
sexdentatus Börner and Leptinotarsa decemlineata Say until
31 March 2006.

to Daktulosphaira

vitifoliae

(Fitch),

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EN

Official Journal of the European Union

25.3.2006

(13)

From information supplied by Cyprus, it appears that the
provisional recognition of the protected zone for that
country in respect of Daktulosphaira vitifoliae (Fitch), Ips
sexdentatus Börner and Leptinotarsa decemlineata Say should
be extended for two years to give that country the
necessary time to submit
information showing that
those harmful organisms, are not present or, where
necessary, to complete its efforts to eradicate them.

(14) Directive 2001/32/EC should therefore be amended

accordingly.

(15)

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

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
recognised as protected zones within the meaning of the
of Directive
first
2000/29/EC,
listed
against their names in the Annex to this Directive.’

in respect of the harmful organism(s)

subparagraph

of Article

2(1)(h)

Lazio; Liguria; Marche; Molise; Piedmont; Sardinia;
Sicily; Tuscany; Umbria; Valle d’Aosta), Latvia,
Portugal,
Finland, United Kingdom (Northern
Ireland, Isle of Man and Channel Islands),

Fratta

Bellino,

Polesine,

the State

Ireland,
of

— and, until 31 March 2008,
Italy (Apúlia,
Emilia-Romagna:
Forlí-Cesena
provinces
(excluding the provincial area situated to the North
of the State road n.9 — Via Emilia), Parma, Piacenza,
Rimini (excluding the provincial area situated to the
road n.9 — Via Emilia),
North of
Lombardy, Veneto (except
in the province of
communes Rovigo, Polesella, Villa-
Rovigo the
marzana,
Badia
San
Polesine, Trecenta, Ceneselli, Pontecchio Polesine,
Arquà Polesine, Costa di Rovigo, Occhiobello,
Lendinara, Canda, Ficarolo, Guarda Veneta, Fras-
Fiesso
Polesine, Villanova del Ghebbo,
sinelle
Umbertiano, Castelguglielmo,
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,
all’Adige, Villa
Ronco
Bartolomea, Oppeano,
Isola Rizza, Angiari), Lithuania, Austria
Terrazzo,
(Burgenland, Carinthia, Lower Austria, Tirol (admin-
istrative district Lienz), Styria, Vienna), Slovenia
(except
regions),
Slovakia (except the communes of Blahová, Horné
Mýto and Okoč (Dunajská Streda County), Hronovce
and Hronské Kľačany (Levice County), Veľké Ripňany
(Topoľčany County), Málinec (Poltár County), Hrhov
(Rožňava County), Kazimír, Luhyňa, Malý Horeš,
Svätuše and Zatín (Trebišov County))’.

the Gorenjska

and Maribor

Bagnolo

di

2) Article 2 is deleted.

3) The Annex is amended as follows:

(a)

In point 2 of heading (a), the words in brackets after
‘Portugal’ are replaced by the following words ‘Azores,
Beira Interior, Beira Litoral, Entre Douro e Minho,
Madeira, Ribatejo e Oeste (communes of Alcobaça,
da Rainha,
Alenquer, Bombarral, Cadaval, Caldas
Lourinhã, Nazaré, Obidos, Peniche and Torres Vedras)
and Trás-os-Montes’.

(b) In points 3.1, 11 and 13 of heading (a), the words ‘(until
31 March 2008)’ are inserted after the word ‘Cyprus’.

(d) In point 1 of heading (d), the word ‘Lithuania’ is deleted.

(e)

In point 3 of heading (d), the words ‘(until 31 March
2008)’ are inserted after the word ‘Malta’.

Article 2

1. Member States shall adopt and publish, by 30 April 2006
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 the
Directive.

They shall apply those provisions from 1 May 2006.

(c) Point 2 of heading (b) is replaced by the following:

‘— Spain, Estonia, France (Corsica), Italy (Abruzzi; Basi-
Friuli-Venezia Giulia;

licata; Calabria; Campania;

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 a reference is to be made.

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Official Journal of the European Union

L 88/15

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

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 24 March 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission