Council Directive 2006/91/EC of 7 November 2006 on control of San José Scale (Codified version)
Date: 2006-11-07
Institutions: Council of the European Union
Subjects: codification of EU law, fruit-growing, insect, parasitology, plant health control, plant health treatment

L 312/42

EN

Official Journal of the European Union

11.11.2006

COUNCIL DIRECTIVE 2006/91/EC

of 7 November 2006

on control of San José Scale

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Articles 37 and 94 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

(7)

(8)

(9)

This pest has occurred in several Member States and
there are contaminated areas within the Community.

There is a permanent risk to the cultivation of woody
the Community if
dicotyledonous plants
this pest
effective measures are not
and prevent it from spreading.

taken to control

throughout

To eradicate this pest, minimum provisions should be
adopted for the Community. Member States should be
able to adopt additional or stricter provisions where
necessary.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Council Directive 69/466/EEC of 8 December 1969 on
control of San José Scale (3) has been substantially
amended (4).
In the interests of clarity and rationality
the said Directive should be codified.

The production of woody dicotyledonous plants and
their fruit occupies an important place in Community
agriculture.

The yield of that production is constantly threatened by
harmful organisms.

Through the protection of such plants against such
harmful organisms, not only should productive capacity
be maintained
productivity
increased.

agricultural

also

but

to prevent
into individual Member

the introduction of
Protective measures
States
harmful organisms
would have only a limited effect
if such organisms
were not controlled simultaneously and methodically
throughout
the Community and were not prevented
from spreading.

One of the organisms most harmful to woody dicotyle-
donous plants is San José Scale (Quadraspidiotus perniciosus
Comst.).

(1) Opinion delivered on 12 October 2006 (not yet published in the

Official Journal).

(2) Opinion delivered on 5 July 2006 (not yet published in the Official

Journal).

(3) OJ L 323, 24.12.1969, p. 5. Directive as amended by Directive

77/93/EEC (OJ L 26, 31.1.1977, p. 20).
(4) See Annex I, Part A, of this Official Journal.

(10)

This Directive should be without prejudice to the obli-
gations of the Member States relating to the timelimits
for transposition into national law of the Directives set
out in Annex I, Part B,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive concerns the minimum measures to be taken
within the Member States to control San José Scale (Quadraspi-
diotus perniciosus Comst.) and to prevent it from spreading.

Article 2

For the purposes of this Directive, the following definitions shall
apply:

(a)

‘plants’ means live plants and live parts of plants with the
exception of fruit and seeds;

(b) ‘contaminated plants or fruit’ means plants or fruit on
which one or more San José Scale insects are found,
unless it is confirmed that they are dead;

(c)

‘San José Scale host plants’ means plants of the genera Acer
L., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Euonymus L.,
Fagus L.,
Juglans L., Ligustrum L., Malus Mill., Populus L.,
Prunus L., Pyrus L., Ribes L., Rosa L., Salix L., Sorbus L.,
Syringa L., Tilia L., Ulmus L., Vitis L.;

(d) ‘nurseries’ means plantations in which plants intended for
transplanting, multiplying or distributing as individually
rooted plants are grown.

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Article 3

Article 9

When an occurrence of San José Scale is recorded, Member
States shall demarcate the contaminated area and a safety
zone large enough to ensure the protection of the surrounding
areas.

Article 4

in contaminated areas
The Member States shall provide that,
and safety zones, San José Scale host plants shall be appro-
priately treated to control
from
spreading.

this pest and prevent

it

Article 5

The Member States shall provide that:

(a) all contaminated plants in nurseries shall be destroyed;

contaminated

(b) all other plants which are contaminated or suspected of
being
in a
contaminated area shall be treated in such a way that
those plants and the fresh fruit therefrom are no longer
contaminated when moved;

and which are

growing

(c) all rooted San José Scale host plants growing within a
contaminated area, and parts of such plants which are
intended for multiplication and are produced within that
area, may be replanted within the contaminated area or
transported away from it only if
they have not been
found to be contaminated and if they have been treated
in such a way that any San José Scale insects which
might still be present are destroyed.

Article 6

The Member States shall ensure that in the safety zones San José
Scale host plants are subjected to official supervision and are
inspected at least once a year in order to detect any occurrence
of San José Scale.

Article 7

1.
The Member States shall provide that in any batch of
plants (other than those that are rooted in the ground) and of
fresh fruit within which contamination has been found, the
contaminated plants and fruit shall be destroyed and the
other plants and fruit in the batch treated or processed in
such a way that any San José Scale insects which might still
be present are destroyed.

Paragraph 1 shall not apply to slightly contaminated

2.
batches of fresh fruit.

Article 8

The Member States shall revoke the measures taken to control
San José Scale or to prevent it from spreading only if San José
Scale is no longer found to be present.

The Member States shall prohibit the holding of San José Scale.

Article 10

1. Member States may authorise:

(a) derogations from the measures referred to in Articles 4 and
5, Article 7(1) and Article 9 for scientific and phytosanitary
purposes, tests and selection work;

(b) by way of derogation from point (b) of Article 5 and Article
7(1), the immediate processing of contaminated fresh fruit;

(c) by way of derogation from point (b) of Article 5 and Article
7(1), the movement of contaminated fresh fruit within the
contaminated area.

2.
The Member States shall ensure that the authorisations
provided for in paragraph 1 are granted only where adequate
controls guarantee that they do not prejudice the control of San
José Scale and create no risk of the spread of this pest.

Article 11

Member States may adopt such additional or stricter provisions
as may be required to control San José Scale or to prevent it
from spreading.

Article 12

Directive 69/466/EEC is hereby repealed, without prejudice to
the obligations of the Member States relating to the time limits
for transposition into national law of the Directives set out in
Annex I, Part B.

References to the repealed Directive shall be construed as
references to this Directive and shall be read in accordance
with the correlation table in Annex II.

Article 13

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

Article 14

This Directive is addressed to the Member States.

Done at Brussels, 7 November 2006.

For the Council
The President

E. HEINÄLUOMA

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Official Journal of the European Union

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ANNEX I

PART A

Repealed Directive with its amendment

Council Directive 69/466/EEC
(OJ L 323, 24.12.1969, p. 5)

Council Directive 77/93/EEC
(OJ L 26, 31.1.1977, p. 20)

Article 19 only

PART B

List of time-limits for transposition into national law

(referred to in Article 12)

Directive

Time-limit for transposition

69/466/EEC (1)

77/93/EEC (2) (3) (4)

9 December 1971

1 May 1980

(1) For Ireland and the United Kingdom: 1 July 1973.
(2) In accordance with the procedure laid down in Article 16 of Directive 77/93/EEC, Member States may be authorised, on request, to
comply with certain of the provisions of this Directive by a date later than 1 May 1980, but not later than 1 January 1981.

(3) For Greece: 1 January 1983.
(4) For Spain and Portugal: 1 March 1987.

ANNEX II

Correlation table

Directive 69/466/EEC

This Directive

Articles 1-11

Article 12

—

—

Article 13

—

—

Articles 1-11

—

Article 12

Article 13

Article 14

Annex I

Annex II