2006/464/EC: Commission Decision of  27 June 2006  on provisional emergency measures to prevent the introduction into and the spread within the Community of  Dryocosmus kuriphilus  Yasumatsu  (notified under document number C(2006) 2881)
Date: 2006-06-27
Institutions: European Commission
Subjects: deciduous tree, import (EU), import restriction, insect, plant disease, plant health control, protection of plant life

5.7.2006

EN

Official Journal of the European Union

L 183/29

COMMISSION DECISION

of 27 June 2006

on provisional emergency measures to prevent the introduction into and the spread within the
Community of Dryocosmus kuriphilus Yasumatsu
(notified under document number C(2006) 2881)

(2006/464/EC)

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 Article 16(3), third sentence thereof,

Whereas:

(1)

(2)

(3)

Under Directive 2000/29/EC, where a Member State
considers that there is a danger of introduction into or
spread within its territory of a harmful organism not
listed in Annex I or Annex II to that Directive, it may
temporarily take any additional measures necessary to
protect itself from that danger.

in China, Korea,

the presence of Dryocosmus kuriphilus
As a result of
Japan, USA and in a
Yasumatsu,
limited area of
the Community, France informed the
other Member States and the Commission on 14
March 2005 that on 16 February 2005 it had adopted
official measures to protect its territory from the danger
of the introduction of that organism.

States

informed

Slovenia
the
the Member
Commission on 29 June 2005 that because of
outbreaks of the same organism on its territory it had
on 24 June 2005 adopted additional measures to prevent
introduction into and spread within its
the further
territory of that organism.

and

(4)

Dryocosmus kuriphilus Yasumatsu is not listed in Annex I
or II to Directive 2000/29/EC. However, a report of a

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

last amended by

Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9).

(Castanea Mill.).

pest-risk assessment based on limited available scientific
information has demonstrated that it may be one of the
most damaging insects to chestnut
It
could strongly reduce nut production and quality and
the trees.
there is some evidence it may even kill
Chestnuts are often grown on marginal land in hills or
mountains. Damage resulting from the spread of
the
insect could halt production of chestnuts for human
consumption in those areas and thus lead to economic
and environmental degradation.

is therefore necessary to take provisional measures
the introduction into and spread within the

It
against
Community of the said harmful organism.

The measures provided for in this Decision should apply
to the introduction or the spread of the said organism,
the production and movement of Castanea plants within
the Community, the control of the organism and to a
survey for the presence or continued absence of the said
harmful organism in the Member States.

the results of

is appropriate that

the measures be
It
regularly assessed in 2006, 2007 and 2008 in particular
on the basis of
information to be provided by the
Member States. Possible subsequent measures will be
considered in the light of the results of that assessment.

(5)

(6)

(7)

(8)

Member States should adapt, if necessary, their legislation
in order to comply with this Decision.

(9)

(10)

The results of
1 February 2008.

the measures should be reviewed by

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

L 183/30

EN

Official Journal of the European Union

5.7.2006

HAS ADOPTED THIS DECISION:

Article 1

Definition

In this Decision, ‘plants’ means plants or parts of plants of the
genus Castanea Mill., intended for planting, other than fruit and
seeds.

Article 2

Measures against Dryocosmus kuriphilus Yasumatsu

The introduction into and spread within the Community of
Dryocosmus kuriphilus Yasumatsu, hereinafter referred to as ‘the
organism’, shall be prohibited.

Article 3

Import of plants

Plants may be introduced into the Community only if:

(a)

they comply with the measures laid down in point 1 of
Annex I, and

(b) they are, on entry into the Community, inspected for the
presence of the organism, in accordance with Article 13a(1)
of Directive 2000/29/EC, and found free from it.

Article 4

Movement of plants within the Community

Without prejudice to the provisions of Article 5(3)(a) and
Annex II, Part
II, plants originating in the Community or
imported into the Community pursuant to Article 3 of this
Decision may only be moved from their place of production
in the Community,
appropriate, garden
including, where
if they meet the conditions laid down in point 2 of
centres,
Annex I.

Article 5

Surveys and notifications

Any suspected occurrence or confirmed presence of the
immediately be notified to the responsible

2.
organism shall
official bodies.

3. (a) Member States may require that the movement into or
within their territory of plants, is subject to a traceability
system, which may include a declaration of movement to
the responsible official bodies by the person responsible
for the movement.

(b) Member States may require a declaration of planting to
be made to the responsible official bodies by the persons
responsible for the planting.

Article 6

Establishment of demarcated zones

When the results of the surveys referred to in Article 5(1) or the
notification referred to in Article 5(2) confirm the presence of
the organism in an area, or there is evidence of the estab-
lishment of
the organism by other means, Member States
shall define demarcated zones and take official measures as
laid down in points I and II respectively of Annex II.

Article 7

Compliance

if necessary, amend the measures which
Member States shall,
they have adopted to protect
the intro-
themselves against
duction and spread of the organism in such a manner that
those measures comply with this Decision and shall forthwith
inform the Commission of those measures.

Article 8

Review

This Decision shall be reviewed by 1 February 2008 at the
latest.

Article 9

Addressees

This Decision is addressed to the Member States.

1. Member States shall conduct official annual surveys for
the presence of the organism or evidence of
infestation by
the organism in their territory.

Done at Brussels, 27 June 2006.

Without prejudice to Article 16(2) of Directive 2000/29/EC, the
results of those surveys shall be notified to the Commission and
to the other Member States by 31 December of each year.

For the Commission

Markos KYPRIANOU
Member of the Commission

5.7.2006

EN

Official Journal of the European Union

L 183/31

ANNEX I

MEASURES REFERRED TO IN ARTICLES 3 AND 4 OF THIS DECISION

1. Measures (Certificates)

Without prejudice to Article 5(3)(a), of this Decision and Annex III, Part A(2) and Annex IV, Part A(I)(11.1), (11.2),
(33), (36.1), (39) and (40) to Directive 2000/29/EC, plants originating in third countries shall be accompanied by a
certificate as referred to in Article 13(1) of Directive 2000/29/EC which states under the rubric ‘Additional
declaration’:

(a) that the plants have been grown throughout their life in places of production in countries where the organism is

not known to occur; or

(b) that the plants have been grown throughout their life in places of production in a pest-free area, established by the
national plant protection organisation in the country of origin in accordance with relevant International Standards
for Phytosanitary Measures and under the rubric ‘place of origin’ the name of the pest-free area.

2. Conditions for movement

Without prejudice to Article 5.3(a) and Annex II, part II of this Decision and Annex IV, Part A, Section II (7) to
Directive 2000/29/EC, and Annex V, Part A, Section I, (2.1) to Directive 2000/29/EC, all plants either originating in
the Community or imported into the Community pursuant to Article 3 of this Decision may only be moved from the
place of production in a Member State, including, where appropriate, garden centres, if they are accompanied by a
plant passport prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC (1) and:

(a) the plants originating in the said place of production have been grown throughout their life or since their
introduction into the Community in a place of production in a Member State where the organism is not
known to occur; or

(b) the plants have been grown throughout their life or since their introduction into the Community in a place of
production in a pest-free area, established by the national plant protection service in a Member State,
in
accordance with relevant International Standards for Phytosanitary Measures.

(1) OJ L 4, 8.1.1993, p. 22. Directive as amended by Directive 2005/17/EC (OJ L 57, 3.3.2005, p. 23).

L 183/32

EN

Official Journal of the European Union

5.7.2006

ANNEX II

MEASURES REFERRED TO IN ARTICLE 6 OF THIS DECISION

I. Establishment of demarcated zones

1. The demarcated zones referred to in Article 6 shall consist of the following parts:

(a) an infested zone where the presence of the organism has been confirmed and which includes all plants
showing symptoms caused by the organism, and, where appropriate, all plants belonging to the same lot at
the time of planting,

(b) a focus zone with a boundary at least 5 km beyond the boundary of the infested zone, and

(c) a buffer zone with a boundary at least 10 km beyond the boundary of the focus zone.

In cases where several buffer zones overlap or are geographically close, a wider demarcated area shall be defined
which includes the relevant demarcated zones and the zones between them.

2. The exact delimitation of the zones referred to in paragraph 1 shall be based on sound scientific principles, the
biology of the organism, the level of infestation, the period of the year and the particular distribution of plants in
the Member State concerned.

3.

4.

If the presence of the organism is confirmed outside the infested zone, the delimitation of the demarcated zones
shall be changed accordingly.

If, based on the annual surveys referred to in Article 5.1, the organism is not detected in any of the demarcated
zones for a period of three years, these zones shall cease to exist and the measures referred to in part II of this
Annex shall no longer be necessary.

5. The Member States shall inform immediately the other Member States and the Commission of the zones referred
to in paragraph 1 by providing suitable scale maps, and the nature of measures taken to either eradicate or
contain the organism.

II. Measures in demarcated zones

The official measures referred to in Article 6 to be taken in the demarcated zones, shall include at least:

— the prohibition of movement of plants out of or within the demarcated zones

— in cases where the presence of the organism has been confirmed on the plants at a place of production,
appropriate measures aiming at eradicating the harmful organism, consisting of at least destruction of the
infested plants, all those plants showing symptoms caused by the organism and, where appropriate, all such
plants belonging to the same lot at the time of planting and a monitoring of the presence of the organism
through appropriate inspections during the period of potential presence of the inhabited galls.