2007/201/EC: Commission Decision of 27 March 2007 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov. (notified under document number C(2007) 1292)
Date: 2007-03-27
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, protection of plant life

30.3.2007

EN

Official Journal of the European Union

L 90/83

COMMISSION DECISION

of 27 March 2007

amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the
introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock
& Man in ‘t Veld sp.nov.

(notified under document number C(2007) 1292)

(2007/201/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 fourth sentence of Article 16(3) thereof,

Whereas:

By Commission Decision 2002/757/EC (2) the Member
States were provisionally required to take emergency
phytosanitary measures to prevent the introduction into
and the spread within the Community of Phytophthora
ramorum Werres, De Cock & Man in ‘t Veld sp.nov. (here-
inafter referred to as: ‘the harmful organism’).

On the basis of recent scientific information on the
possible damage caused by the harmful organism,
it
appears that the list of plants, wood and bark susceptible
the harmful organism should be extended and
for
updated.

From follow-up experience with the implementation of
eradication measures on outbreak sites,
it appears that
measures should cover not only plants, but also asso-
ciated growing media and plant debris. Those measures
should also include phytosanitary measures on the
growing surface around such sites.

(6)

(7)

It
further appears necessary to continue the surveys
carried out by the Member States as regards evidence
of infestation by the harmful organism and to notify
the results thereof on an annual basis.

It is appropriate that the results of such measures be
reviewed after the next growing season, and possible
subsequent measures be considered in the light of the
results of that review. The subsequent measures should
also take into account the information to be provided
and the scientific opinions to be delivered by the Member
States.

(8)

Decision 2002/757/EC should therefore be amended
accordingly.

it should be laid
In order to avoid misinterpretation,
down clearly that plant passports are necessary for
each movement of specific species of susceptible plants
within the Community.

(9)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

it appears that at
specific species of

the official surveys carried out under
As a result of
least
two
Decision 2002/757/EC,
inspections of
official
susceptible
in places of production are needed annually
plants
during the growing period to confirm the absence of
the harmful organism. In order to allow sufficient time
to adjust to this requirement, it should apply as of 1 May
2007.

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/757/EC is amended as follows:

(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).
(2) OJ L 252, 20.9.2002, p. 37. Decision as amended by Decision
2004/426/EC (OJ L 154, 30.4.2004, p. 1, as corrected by OJ
L 189, 27.5.2004, p. 1).

1. In Article 1, paragraphs 2, 3 and 4 are replaced by the

following:

(1)

(2)

(3)

(4)

L 90/84

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Official Journal of the European Union

30.3.2007

excelsior L., Griselinia littoralis

“susceptible plants’” means plants, other than fruit and
‘2.
seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L.,
Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C.
Muell., Aesculus
californica (Spach) Nutt., Aesculus hippo-
castanum L., Arbutus menziesii Pursch., Arbutus unedo L.,
Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia
spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula cali-
fornica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper,
(Raoul), Hamamelis
Fraxinus
virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer,
Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don,
Lithocarpus
Lonicera
hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L.,
Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua
(G. Don) P. S.
(Mirbel) Blume, Osmanthus heterophyllus
Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri
Dress, Pieris
(Mirbel)
Franco, Quercus spp. L., Rhododendron spp. L., other than
Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix
caprea L., Sequoia sempervirens
(Lamb. ex D. Don) Endl.,
Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook),
Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium
ovatum Pursh and Viburnum spp. L.

spp. D. Don, Pseudotsuga menziesii

(Hook. & Arn.) Rehd.,

densiflorus

2. In Article 5, ‘from their place of production’ is replaced by

‘within the Community’.

3. In Article 6, paragraph 2 is replaced by the following:

‘2. Without prejudice to the provisions of Article 16(1) of
Directive 2000/29/EC, the results of these surveys provided
for in the first paragraph shall be notified to the Commission
and to the other Member States annually by 1 December.’

4. In Article 8, ‘31 December 2004’ is replaced by ‘31 January

2008’.

5. The Annex is amended in accordance with the Annex to this

Decision.

“susceptible wood” means wood of Acer macrophyllum
3.
Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus
(Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia
Nutt.

“susceptible bark” means isolated bark of Acer macro-
4.
phyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus
densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus
brevifolia Nutt.’

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 March 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

30.3.2007

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Official Journal of the European Union

L 90/85

Point 3 of the Annex to Decision 2002/757/EC is amended as follows:

ANNEX

1. In the first sentence, ‘moved from the place of production’ is replaced by ‘moved within the Community’

2. In point (b), the following sentence is inserted before ‘or’:

‘and, from 1 May 2007 onwards, carried out at least twice during the growing season at appropriate times when the
plants are in active growth; the intensity of these inspections shall take into account the particular production system
of the plants,’

3. Point (c) is replaced by the following:

‘(c) in cases where signs of the harmful organism have been found on the plants at the place of production,
appropriate procedures have been implemented aiming at eradicating the harmful organism, consisting at least
of the following:

(i) destruction of the infected plants and all susceptible plants within 2 m radius of the infected plants, including

associated growing media and plant debris,

(ii) for all susceptible plants within 10 m radius of the infected plants, and any remaining plants from the affected

lot:

— the plants have been retained at the place of production,

— official additional inspections have been carried out at least twice in the three months after the eradication

measures have been taken when the plants are in active growth,

— while during this three months-period no treatments that may suppress symptoms of

the harmful

organism have been carried out,

— the plants have been found free from the harmful organism in these official inspections,

(iii) for all other susceptible plants at the place of production, the plants have been subject to official intensive re-
inspection following the finding and have been found free from the harmful organisms in these inspections,

(iv) appropriate phytosanitary measures have been taken on the growing surface within a 2 m radius of infected

plants.’