2008/378/EC: Commission Decision of 15 May 2008 amending Decision 2006/133/EC requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al . (the pinewood nematode) as regards areas in Portugal, other than those in which it is known not to occur (notified under document number C(2008) 1892)
Date: 2008-05-15
Institutions: European Commission
Subjects: Portugal, parasitology, plant health control, plant health legislation, wood product

L 130/22

EN

Official Journal of the European Union

20.5.2008

COMMISSION DECISION

of 15 May 2008

amending Decision 2006/133/EC requiring Member States temporarily to take additional measures
against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.
(the
pinewood nematode) as regards areas in Portugal, other than those in which it is known not to
occur

(notified under document number C(2008) 1892)

(2008/378/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 16(3) thereof,

(5)

(6)

Whereas:

Based on the experience with the implementation of the
existing emergency measures and recent scientific infor-
is necessary to take particularly effective
mation,
measures with respect to outbreaks in areas where so
far PWN was known not to occur.

it

Decision 2006/133/EC should therefore be amended
accordingly.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

13

2006

February

requiring Member

In accordance with Commission Decision 2006/133/EC
of
States
temporarily to take additional measures against the disse-
mination of Bursaphelenchus xylophilus (Steiner et Buhrer)
Nickle et al. (the pinewood nematode — PWN) as regards
areas in Portugal, other than those in which it is known
not to occur (2), Portugal has taken measures against the
dissemination of the pinewood nematode.

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/133/EC is amended as follows:

1. Article 4 is replaced by the following:

sent a report

Portugal has
to the Commission on
11 April 2008 on the finding of new outbreaks of
from an extraordinary investigation
PWN, as a result
by the Portuguese authorities in addition to the annual
survey, in the part of Portugal where so far PWN was
known not to occur.

‘Article 4

1. Member States shall conduct official annual surveys for
PWN, on susceptible wood and bark and susceptible plants
originating in their country, to determine whether there is
any evidence of infestation by PWN.

The compulsory annual surveys of previous years had
not revealed these latest outbreaks of PWN in Portugal.
In view of this new outbreak, it is necessary that Portugal
carries out immediately an additional risk-based survey in
the entire Portuguese territory on the basis of a survey
plan approved by the Commission and that it presents
the results of that survey to the Commission as soon as
they are available.

(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 52, 23.2.2006, p. 34. Decision as amended by Decision

2008/340/EC (OJ L 115, 29.4.2008, p. 41).

Without prejudice to Article 16(1) of Directive 2000/29/EC,
the results of such surveys shall be notified to the other
Member States and the Commission annually by 15
December.

2.
In addition to the surveys provided for in paragraph 1,
Portugal shall prepare a survey plan for the entire Portuguese
territory and present it to the Commission for approval. That
plan shall be risk-based and take into account the distri-
bution of susceptible plants within the Portuguese territory.
In case this survey plan is not submitted by 16 May 2008,
the Commission may take appropriate measures.

(1)

(2)

(3)

20.5.2008

EN

Official Journal of the European Union

L 130/23

The results of the survey carried out on the basis of that plan
shall be notified to the Commission and the other Member
States as soon as they are available.’

Article 2

This Decision is addressed to the Member States.

2. In Article 5, the third paragraph is replaced by the following:

‘That list shall be updated according to the results of the
surveys referred to in Article 4 and to the findings notified
under Article 16(1) of Directive 2000/29/EC.’

3. The Annex to Decision 2006/133/EC is amended in

accordance with the Annex to this Decision.

Done at Brussels, 15 May 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

ANNEX

In the third indent of point 2(a)(iii) of the Annex to Decision 2006/133/EC, a second subparagraph is added:

‘However, where an outbreak of PWN is detected in an area where it was known not to occur, that area shall be
demarcated (new demarcated area) and, for a period of one year from the date of detection, such plants in that area
shall be tested in all cases when situated in the part of the demarcated area where PWN is known to occur, and, when
situated in the part of the demarcated area designated as buffer zone, be tested on the basis of a representative
sampling. The second and third sentence of the first subparagraph shall apply.’