2007/433/EC: Commission Decision of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell (notified under document number C(2007) 2496)
Date: 2007-06-18
Institutions: European Commission
Subjects: conifer, crop production, import restriction, plant health control

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EN

Official Journal of the European Union

22.6.2007

COMMISSION DECISION

of 18 June 2007

on provisional emergency measures to prevent the introduction into and the spread within the
Community of Gibberella circinata Nirenberg & O’Donnell

(notified under document number C(2007) 2496)

(2007/433/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
the introduction into the
on protective measures against
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.

the presence of

As a result of
the fungus Gibberella
circinata Nirenberg & O’Donnell, under the anamorph
form also known as Fusarium circinatum Nirenberg &
O’Donnell,
in the north
in forest reproductive material
of the Iberian Peninsula, Spain informed the Member
States and the Commission on 16 June 2006 that it
had adopted on 26 May 2006 official measures
through a national eradication and control programme
to prevent
introduction into and spread
the further
within its territory of that organism.

Gibberella circinata Nirenberg & O’Donnell (‘the specified
organism’)
is not listed in Annex I or II to Directive
2000/29/EC. However, a report of a pest risk assessment
based on limited available scientific information has
the specified organism can cause
demonstrated that
significant mortality on Pinus spp. and tree damage on
Pseudotsuga menziesii. These plants are widely distributed
in Europe and the susceptibility of several species is high.
It is therefore necessary to take forthwith provisional
introduction into and spread
measures against
within the Community of the specified organism.

the

Community and the control of the specified organism in
these areas, the import, production and movement of the
specified plants, including seeds, within the Community,
and a survey for the presence or continued absence of
the specified organism in the Member States.

the results of

is appropriate that

It
the measures be
regularly assessed in 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.

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

The results of
1 April 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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purpose of this Decision:

1.

‘specified organism’ means Gibberella circinata Nirenberg &
O’Donnell;

2.

‘specified plants’ means plants of the genus Pinus L. and the
species Pseudotsuga menziesii, intended for planting, including
seeds and cones for propagation purposes;

3.

‘place of production’ means:

(4)

The measures provided for in this Decision should apply
to the introduction or
the specified
organism, the demarcation of infested areas within the

the spread of

— any premises or collection of fields operated as a single
production unit of plants; this may include production
sites which are separately managed for phytosanitary
purposes, or

(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).

— a demarcated forestry stand.

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Article 2

Measures against the specified organism

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

2.
specified organism shall
responsible official bodies.

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

Article 3

Import of the specified plants

The specified plants may be introduced into the Community
only if:

(a)

they comply with the requirements laid down in section I of
Annex I, and

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

inspected and,
where appropriate, tested for the presence of the specified
in accordance with Article 13a(1) of Directive
organism,
2000/29/EC, and found free from it.

Article 4

Movement of the specified plants within the Community

Without prejudice to the provisions of Annex II, section II of
this Decision, the specified plants originating in the Community
or imported into the Community pursuant to Article 3 of this
if they
Decision may only be moved within the Community,
meet the conditions laid down in section II of Annex I.

Article 5

Surveys and notifications

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

specified organism or

Without prejudice to Article 16(2) of Directive 2000/29/EC, the
results of those surveys, together with the list of demarcated
areas referred to in Article 6 and the measures referred to in
section II of Annex II, shall be notified to the Commission and
to the other Member States by 15 December of each year.

Article 6

Establishment of demarcated areas

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 specified organism in an area, or there is evidence of the
establishment of this organism by other means, Member States
shall define demarcated areas and take official measures as laid
down in sections I and II 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 and
shall forthwith inform the Commission of those measures.

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, 18 June 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX I

EMERGENCY MEASURES REFERRED TO IN ARTICLES 3 AND 4 OF THIS DECISION

I. Specific import requirements

Without prejudice to the provisions listed in Annex III, Part A(1), Annex IV, Part A(I)(8.1), (8.2), (9), (10) and Annex IV,
Part B(7), (8), (9), (10), (11), (12), (16) and (17) to Directive 2000/29/EC, the specified 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’ that the specified plants originate in a place of production which is registered and supervised by
the national plant protection organisation in the country of origin, and

(a)

they have been grown throughout their life in countries where the specified organism is not known to occur; or

(b) they have been grown throughout their life in a pest-free area, established by the national plant protection organ-
isation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The
name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or

(c)

they originate in a place of production where no signs of the specified organism have been observed during official
inspections within a period of two years prior to export and have been tested immediately prior to export.

II. Conditions for movement

Without prejudice to the provisions listed in Annex II, section II of this Decision, Annex IV, Part A, Section II (4) and (5),
Annex IV, Part B(7), (8), (9), (10), (11), (12), (16) and (17) and Annex V, Part A, Sections I(2.1) and II(1.1) to Directive
2000/29/EC, all specified plants either originating in the Community or imported into the Community pursuant to
Article 3 of this Decision, with the exception of small quantities of plants for use by the owner or recipient for non-
commercial purposes provided that there is no risk of the specified organism spreading, may be moved within the
Community only 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)

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

(b) they have been grown throughout their life or since their introduction into the Community, in a place of production
in accordance with relevant

in a pest-free area, established by the responsible official body in a Member State,
International Standards for Phytosanitary Measures; or

(c)

they originate in a place of production where no signs of the specified organism have been observed during official
inspections within a period of two years prior to movement and have been tested immediately prior to movement.

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

I. Establishment of demarcated areas

(a) an infected zone where the presence of the specified organism has been confirmed and which includes all

specified plants showing symptoms caused by the specified organism; and

(b) a buffer zone with a boundary at least 1 km beyond the infected 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.

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

3.

4.

If the presence of the specified organism is confirmed outside the infested zone, the delimitation of the demarcated
area shall be reviewed accordingly.

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 at least two consecutive years, this area shall cease to exist and the measures referred to in section II of
this Annex shall no longer be necessary.

II. Measures in demarcated areas

The official measures referred to in Article 6 to be taken in the demarcated areas, shall include at least:
— appropriate measures aimed at eradicating the specified organism
— intensive monitoring for the presence of the specified organism through appropriate inspections.