2007/365/EC: Commission Decision of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier) (notified under document number C(2007) 2161)
Date: 2007-05-25
Institutions: European Commission
Subjects: fight against insects, parasitology, plant disease, plant health control, protection of plant life, tree

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Official Journal of the European Union

31.5.2007

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 25 May 2007

on emergency measures to prevent the introduction into and the spread within the Community of
Rhynchophorus ferrugineus (Olivier)

(notified under document number C(2007) 2161)

(2007/365/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 the third sentence of Article 16(3), thereof,

Whereas:

(1)

(2)

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
it may
II
listed in Annexes I or
temporarily take any additional measures necessary to
protect itself from that danger.

to that Directive,

(the specified organism)

As a result of the presence of Rhynchophorus ferrugineus
(Olivier)
the
Iberian Peninsula, Spain informed the Commission and
the other Member States on 27 June 2006 that, on
it had adopted additional official
6 June 2006,
measures to prevent the further introduction into and
that specified organism.
spread within its territory of

in the south of

(3)

Rhynchophorus ferrugineus (Olivier) is not listed in Annexes
I or II to Directive 2000/29/EC. However, a report of a
pest-risk assessment based on the limited scientific infor-

(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).

(4)

(5)

(6)

(7)

(8)

mation available has demonstrated that
this specified
organism causes severe tree damage including significant
mortality on specific plant species, belonging to the
Palmae family and restricted to plant
sizes with a
diameter of
the base of over 5 cm
(susceptible plants). The susceptible plants are present
in many parts of Europe, mainly in the south where
they are planted in large numbers
for ornamental
purposes and where they are of high environmental
importance.

stem at

the

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

It
against
Community of the specified organism.

Those emergency measures should apply to the intro-
duction and the spread of the specified organism, the
in the Community where the
demarcation of areas
specified organism is present,
the import, production,
in the
movement and control of
Community. A survey to check for the presence or
continued absence of the specified organism should be
carried out on all plants of Palmae in the Member States
to collect more scientific information about the suscept-
ibility of plants.

susceptible plants

the results of

is appropriate that

It
the measures be
reviewed by 31 March 2008 taking into account the
experiences from the first growing season under the
emergency measures.

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

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

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Official Journal of the European Union

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Article 5

Surveys and notifications

1. Member States shall conduct official annual surveys for
evidence of
the presence of
infection by the specified organism on plants of Palmae in
their territory.

specified organism or

the

Without prejudice to Article 16(2) of Directive 2000/29/EC, the
results of those surveys, together with the list of demarcated
areas
shall be notified to the
Commission and to the other Member States by 28 February
of each year.

referred to in Article 6,

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

2.
specified organism shall
responsible official bodies.

Article 6

Establishment of demarcated areas

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

Article 7

Compliance

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

Article 8

Review

This Decision shall be reviewed by 31 March 2008 at the latest.

Article 9

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 25 May 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purpose of this Decision, the following definitions shall
apply:

(a)

‘specified
(Olivier);

organism’ means

Rhynchophorus

ferrugineus

(b) ‘susceptible plants’ means plants, other than fruit and seeds,
having a diameter of the stem at the base of over 5 cm of
flabellifer, Calamus
Areca catechu, Arenga pinnata, Borassus
merillii, Caryota maxima, Caryota cumingii, Cocos nucifera,
Corypha gebanga, Corypha elata, Elaeis guineensis, Livistona
decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis,
Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal
umbraculifera, Trachycarpus fortunei and Washingtonia spp.;

(c)

‘place of production’ means the place of production as
defined in the FAO International Standard for Phytosanitary
Measures No 5 (1).

Article 2

Emergency measures against the specified organism

The introduction into and spread within the Community of the
specified organism shall be prohibited.

Article 3

Import of susceptible plants

Susceptible plants may be introduced into the Community only
if:

(a)

they comply with the specific import requirements in point
1 of Annex I;

(b) they are, on entry into the Community,

inspected by the
responsible official body for the presence of the specified
organism,
in accordance with Article 13a(1) of Directive
2000/29/EC, and no signs of the specified organism have
been found.

Article 4

Movement of susceptible plants within the Community

Susceptible plants originating in the Community or imported
into the Community in accordance with Article 3 may be
moved within the Community only if they meet the conditions
in point 2 of Annex I.

(1) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5
by the Secretariat of the International Plant Protection Convention,
Rome.

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Official Journal of the European Union

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ANNEX I

Emergency measures referred to in Articles 3 and 4 of this Decision

1. Specific import requirements

Without prejudice to the provisions listed in Annex III, Part A(17) and Annex IV, Part A(I)(37)
to Directive
2000/29/EC, susceptible plants originating in third countries shall be accompanied by a certificate as referred to in
Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that the susceptible plants,
including those collected from natural habitats:

(a) have been grown throughout their life in a country where the specified organism is not known to occur; or

(b) have been grown throughout their life 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; under the
rubric ‘place of origin’ the name of the pest-free area shall be mentioned; or

(c) have, during a period of at least one year prior to export, been grown in a place of production:

(i) which is registered and supervised by the national plant protection organisation in the country of origin, and

(ii) where the plants were placed in a site with complete physical protection against the introduction of the

specified organism or application of appropriate preventive treatments, and

(iii) where, during official inspections carried out at least every three months and immediately prior to export, no

signs of the specified organism have been observed.

2. Conditions for movement

Susceptible plants either originating in the Community or imported into the Community in accordance with Article 3,
may be moved within the Community only if they are accompanied by a plant passport prepared and issued in
accordance with Commission Directive 92/105/EEC (1), and have been grown:

(a) throughout their life in a Member State or third country where the specified organism is not known to occur; or

(b) throughout their life in a place of production in a pest-free area, established by the responsible official body in a
Member State or by the national plant protection organisation in a third country, in accordance with relevant
International Standards for Phytosanitary Measures; or

(c) in a place of production in a Member State during a period of two years prior to the movement during which:

(i) the susceptible plants were placed in a site with complete physical protection against the introduction of the

specified organism or application of appropriate preventive treatments, and

(ii) no signs of the specified organism have been observed in official inspections carried out at least every three

months;

or

(d) if imported in accordance with point 1(c) of this Annex, have been grown since their introduction into the
Community in a place of production in a Member State during a period of at least one year prior to the
movement during which:

(i) the susceptible plants were placed in a site with complete physical protection against the introduction of the

specified organism or application of appropriate preventive treatments, and

(ii) no signs of the specified organism have been observed in official inspections carried out at least every three

months.

(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).

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ANNEX II

Emergency measures referred to in Article 6 of this Decision

1. Establishment of demarcated areas

(a) The demarcated areas referred to in Article 6 shall consist of the following parts:

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

(ii) a buffer zone with a boundary at least 10 km beyond the boundary of the infested zone.

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

(b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology
of the specified organism, the level of infestation, the period of the year and the particular distribution of
susceptible plants in the Member State concerned.

(c) If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the demarcated

areas shall be changed accordingly.

(d) If, based on the annual surveys referred to in Article 5(1), the specified organism is not detected in a demarcated
area for a period of three years, this area shall cease to exist and the measures referred to in point 2 of this Annex
shall no longer be necessary.

2. Measures in demarcated areas

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

(a) appropriate measures aiming at eradicating the specified organism;

(b) intensive monitoring for the presence of the specified organism by appropriate inspections.