2008/327/EC: Commission Decision of 21 April 2008 derogating from certain provisions of Decision 2006/923/EC on a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode) (notified under document number C(2008) 1444)
Date: 2008-04-21
Institutions: European Commission
Subjects: EU financing, Portugal, derogation from EU law, parasitology, plant disease, plant health control

24.4.2008

EN

Official Journal of the European Union

L 112/29

COMMISSION DECISION

of 21 April 2008

derogating from certain provisions of Decision 2006/923/EC on a Community financial contribution
for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating
Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)
(notified under document number C(2008) 1444)

(Only the Portuguese text is authentic)

(2008/327/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 Article 23(6) thereof,

Whereas:

(1)

(2)

(3)

approved
contribution from the Community for

Commission Decision 2006/923/EC (2)
a
financial
a
programme of measures introduced by Portugal aiming
in 2006 and 2007 at controlling the spread of Bursaphe-
lenchus
al.
to other Member States. The
(pinewood nematode)
measures consisted of
the creation of a barrier free
from all host trees of the pinewood nematode vector,
hereinafter the ‘clear cut belt’.

et Buhrer) Nickle

xylophilus

(Steiner

et

Since the adoption of Decision 2006/923/EC, Portugal
has faced several adverse and exceptional circumstances,
leading to a delay in the execution of the measures.
Those circumstances were explained in a letter from
Portugal to the Commission dated 28 September 2007.
In particular, whilst the initial programme was based on
an estimate of 700 000 pine trees to be felled, it became
necessary to fell 980 000 in total. In addition, 3 700 000
young pine trees had also to be eliminated. The
Portuguese authorities explained the difference in the
number of trees by the fact that the sole data available
at that time, the national forest inventory from 1995,
appeared to be outdated and underestimated young
trees,
located in broadleaf
dominated mixed stands.

isolated trees and trees

the

Notwithstanding
the
adverse
Commission has verified by its missions in Portugal
that the Portuguese authorities were able to meet the
in Article 1 of Decision
objectives

circumstances,

down

laid

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2007/41/EC (OJ L 169, 29.6.2007, p. 51).

(2) OJ L 354, 14.12.2006, p. 42.

2006/923/EC in an appropriate way.
Inevitably the
cumulative delays prevented them fully delivering the
expected results within the strict deadline laid down in
the Decision for the completion of the measures. Never-
theless,
the
measures from being deployed to their full effect and,
in spring 2007 in
due to the weather conditions
Portugal, not
the insect
vector of the pinewood nematode, did not result in an
increased phytosanitary risk.

the delays were not such as to prevent

favourable to the flying of

Decision 2006/923/EC laid down penalties, in the form
of progressive reductions of the Community financing, in
case of non-implementation or late implementation of
the measures. The application of such reductions and
sanctions would be disproportionate given the excep-
tional circumstances.

for

the payment of

The documentation to be provided by Portugal has to be
such that it enables the Commission to conclude that the
the
conditions
the balance of
Community
in
financial
down
laid
the exceptional
Decision 2006/923/EC are met. As
circumstances faced by Portugal have also delayed the
payments by Portugal to the private companies having
executed the clear cut belt, the deadline for submitting
the appropriate documentation should be extended.

contribution

(4)

(5)

(6)

The measures provided in this Decision are in accordance
with the opinion of the Standing Committee on Plant
Health,

HAS ADOPTED THIS DECISION:

Article 1

1.
By way of derogation from Article 4 of Decision
2006/923/EC, the balance of the Community financial contri-
bution referred to in Article 2 of that Decision shall be paid
once the following conditions have been satisfied:

(a)

the measures necessary to the creation of a clear-cut belt as
an area free from pinewood nematode vector hosts have
been implemented by Portugal
in an acceptable way and
meet the objectives referred to in Article 1 of Decision
2006/923/EC;

L 112/30

EN

Official Journal of the European Union

24.4.2008

(b) Portugal has submitted to the Commission a financial
report, including registered invoices or receipts, and a final
technical report as provided for in Article 5 of Decision
2006/923/EC.

Article 2

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 21 April 2008.

2.
Article 7 of Decision 2006/923/EC shall not apply if the
Commission is satisfied, on the basis of evidence provided by
Portugal, that delays in the implementation of the measures
have not affected the effectiveness of the measures.

For the Commission

Androulla VASSILIOU
Member of the Commission