Commission Directive 2007/41/EC of 28 June 2007 amending certain Annexes to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community
Date: 2007-06-28
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, plant health legislation

29.6.2007

EN

Official Journal of the European Union

L 169/51

COMMISSION DIRECTIVE 2007/41/EC

of 28 June 2007

amending certain Annexes to Council Directive 2000/29/EC on protective measures against the
introduction into the Community of organisms harmful to plants or plant products and against
their spread within the Community

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 points
the second paragraph of
Article 14 thereof,

(c) and (d) of

After consulting the Member States concerned,

(4)

(5)

Annexes II, IV and V to Directive 2000/29/EC should
therefore be amended accordingly.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Directive are in
Standing
the

of

opinion

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes II, IV and V to Directive 2000/29/EC are amended in
accordance with the Annex to this Directive.

Whereas:

Article 2

(1)

(2)

(3)

Directive 2000/29/EC lists organisms which are harmful
to plants or plant products and provides for certain
measures against
their introduction into the Member
States from other Member States or third countries. It
also provides for the recognition of protected zones
within the Community.

to

(Murrill)

parasitica

Cryphonectria

recognised as a protected zone with
Denmark was
respect
Barr.
Following the results of the relevant surveys carried out
in Denmark, Denmark has
submitted information
showing that an adequate phytosanitary protection of
Denmark against Cryphonectria parasitica (Murrill) Barr
does not require maintaining the status of Denmark as
a protected zone against that organism and requested its
protected zone
status against Cryphonectria parasitica
(Murrill) Barr be withdrawn. Denmark should therefore
no longer be recognised as a protected zone in respect of
that harmful organism.

From information supplied by the Czech Republic,
France and Italy respectively the Czech Republic,
the
regions of Champagne-Ardenne, Lorraine and Alsace in
France and the region of Basilicata in Italy should be
recognised as protected zones in respect of Grapevine
flavescence dorée MLO, because this pathogen is not
present there. Special requirements should therefore be
laid down as regards the introduction into and the
movement within the relevant protected zones of vine
propagating material.

Member States shall adopt and publish, by 31 October 2007 at
the latest, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

They shall apply those provisions from 1 November 2007.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such a reference is to be made.

Article 3

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

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 28 June 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission

(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).

L 169/52

EN

Official Journal of the European Union

29.6.2007

FR

CZ,
Ardenne, Lorraine
Alsace), IT (Basilicata)’

(Champagne-
and

FR

CZ,
Ardenne, Lorraine
Alsace), IT (Basilicata)

(Champagne-
and

ANNEX

1. In Annex II, Part B(c), point 0.1, in the right hand column ‘DK’ is deleted.

2. In Annex II, Part B(d), the following point is added after point 1:

‘2. Grapevine
dorée MLO

flavescence

Plants of Vitis L., other than fruit and seeds.

3. In Annex IV Part B, point 6.3., in the right hand column ‘DK’ is deleted.

4. In Annex IV Part B, the following point is added after point 31:

‘32. Plants of Vitis L., other
than fruit and seeds.

Without prejudice to the provisions applicable to the plants
listed in Annex III(A)(15), IVA(II)17, and IVB21.1, official
statement that:

(a) the plants originate and have been grown in a place of
production in a country where Grapevine flavescence
dorée MLO is not known to occur; or

(b) the plants originate and have been grown in a place of
production in an area free from Grapevine flavescence
dorée MLO established by the national plant protection
organisation in accordance with the relevant
interna-
tional standards; or

(c)

the plants originate and have been grown in either the
Czech Republic, France (Champagne-Ardenne, Lorraine
and Alsace), or Italy (Basilicata); or

(d) the plants originate and have been grown in a place of

production where:

(aa) no symptoms of Grapevine flavescence dorée MLO
have been observed on the mother-stock plants
since the beginning of
two complete
cycles of vegetation; and

the last

(bb) either

(i) no symptoms of Grapevine flavescence dorée
MLO have been found on the plants in the
place of production; or,

(ii) the plants have undergone hot water treatment
of at least 50 °C for 45 minutes in order to
eliminate the presence of Grapevine flavescence
dorée MLO.’

5. In Annex V, part A.II, point 1.3, the text is replaced by the following:

‘1.3. Plants, other than fruit and seeds, of Amelanchier Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia
Mill., Eriobotrya Lindl., Eucalyptus L'Herit., Malus Mill., Mespilus L., Photinia davidiana (Dcne.) Cardot, Pyracantha
Roem., Pyrus L., Sorbus L. and Vitis L.’