2008/489/EC: Commission Decision of 27 June 2008 concerning interim protective measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) in Portugal (notified under document number C(2008) 3312)
Date: 2008-06-27
Institutions: European Commission
Subjects: Portugal, conifer, parasitology, plant health control, plant health legislation, wood product

L 168/38

EN

Official Journal of the European Union

28.6.2008

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 27 June 2008
concerning interim protective measures against the dissemination of Bursaphelenchus xylophilus
(Steiner et Buhrer) Nickle et al. (the pine wood nematode) in Portugal

(notified under document number C(2008) 3312)

(2008/489/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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(5) thereof,

Whereas:

(1)

(2)

13

2006

February

requiring Member

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

Portugal has adopted a ministerial order (Portaria No
358/2008 of 12 May 2008) prohibiting movement of
susceptible wood and plants out of continental Portugal
unless the wood has been heat treated and the plants
duly inspected.

(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 last amended by Decision

2008/378/EC (OJ L 130, 20.5.2008, p. 22).

(4)

(5)

(6)

Portugal presented to the Commission a proposal for a
survey plan, as provided for in the second paragraph of
Article 4 of Decision 2006/133/EC,
the entire
Portuguese territory. The proposal was discussed in the
Standing Committee on Plant Health on 26 and 27 May
the Commission, based on the
2008. However,
the Committee, did not approve the
conclusions of
plan because of insufficient intensity of monitoring.

for

Portugal informed the Commission on 5 June 2008 on
the finding of new outbreaks of PWN, as a result of an
extraordinary investigation by the Portuguese authorities
in addition to the annual survey, in the part of Portugal
where so far PWN was known not to occur.

The inspection mission from the Food and Veterinary
Office from 2 to 6 June 2008 revealed that the data
available are not sufficient
there are
areas in Portugal which are free from PWN. Moreover,
the Community and national measures are not fully im-
plemented.

to confirm that

Therefore, the measures taken so far are considered to be
inadequate and immediate risk of spread of PWN out of
Portugal on account of movements of susceptible wood,
excluded any longer.
bark and plants
Moreover,
than
Portugal should, as soon as possible, be allowed to
control movements into their territory of susceptible
wood, bark and plants originating in all parts of Portugal.

at present Member

States other

cannot be

28.6.2008

EN

Official Journal of the European Union

L 168/39

(7)

unless

interests

prohibited

this material

inspection. Therefore,

As a consequence of the recent increase of the outbreaks
of PWN in Portugal measures should be taken, as soon as
to safeguard the territory of other Member
possible,
States against PWN and to protect
the Community
in relation to third countries. The
trade
movements of susceptible wood, bark and plants from
to other Member States and third countries
Portugal
should
has
be
undergone appropriate treatment or, for plants, appro-
for
priate
movements of susceptible wood, bark and plants from
demarcated areas into areas in Portugal, other
than
demarcated areas, or into other Member States should
be extended to all movements from Portugal into other
Member States and third countries. Traceability should be
ensured by attaching the plant passport or the mark to
each unit within a consignment. The scope of control
activities carried out by Member States
should be
widened to allow control of susceptible wood, bark
and plants moved from Portugal into their territory.

requirements

the

HAS ADOPTED THIS DECISION:

Article 1

Portugal shall ensure that the conditions set out in the
1.
Annex in relation to susceptible wood, bark and plants which
are to be moved from its territory to other Member States or
third countries are met.

2. Member States of destination other than Portugal may
subject consignments of susceptible wood, bark and plants,
coming from Portugal and moved into their
to
testing for the presence of Bursaphelenchus xylophilus (Steiner et
Buhrer) Nickle et al. (the pine wood nematode — PWN).

territory,

This Decision

3.
2006/133/EC.

is without

prejudice

to Decision

(8)

Pending the meeting of the Standing Committee on Plant
Health, interim protective measures should be taken to
inhibit
to other
Member States and third countries.

the spread of PWN from Portugal

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 27 June 2008.

(9)

The measures provided for in this Decision will be
reviewed by the Standing Committee on Plant Health,

For the Commission

Androulla VASSILIOU
Member of the Commission

L 168/40

EN

Official Journal of the European Union

28.6.2008

ANNEX

In the case of movements from Portugal to other Member States and third countries, of:

(a) susceptible plants, those plants shall be accompanied by a plant passport prepared and issued in accordance with the

provisions of Commission Directive 92/105/EEC (1), after:

— the plants have been officially inspected and found free from signs or symptoms of PWN, and

— no symptoms of PWN have been observed at the place of production or in its immediate vicinity since the

beginning of the last complete cycle of vegetation;

(b) susceptible wood and isolated bark, other than wood in the form of:

— chips, particles, wood waste or scrap obtained in whole or part from these conifers,

— packing cases, crates or drums,

— pallets, box pallets or other load boards,

— dunnage, spacers and bearers,

but including that which has not kept its natural round surface, that wood and isolated bark shall be accompanied by
the plant passport referred to in point (a), after the wood or the isolated bark has undergone an appropriate heat
treatment to achieve a minimum wood core temperature of 56 °C for 30 minutes in order to ensure freedom from
live PWNs;

(c) susceptible wood in the form of chips, particles, wood waste or scrap obtained in whole or part from these conifers,
that wood shall be accompanied by the plant passport referred to in point (a) after having undergone an appropriate
fumigation treatment in order to ensure freedom from live PWNs;

(d) susceptible wood, in the form of dunnage, spacers and bearers, including that which has not kept its natural round
surface, as well as in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and
other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds, that wood shall
be subject to one of the approved measures as specified in Annex I to the FAO International Standard for Phyto-
sanitary Measures No 15 on Guidelines for regulating wood packaging material in international trade. It shall display a mark
enabling the identification of where and by whom the treatment has been carried out or be accompanied by the plant
passport referred to in point (a) attesting to the measures carried out.

Portugal shall ensure that the plant passport referred to in point (a) or the mark in accordance with the FAO International
Standard for Phytosanitary Measures No 15 is attached to each unit of susceptible wood, bark and plants that is moved.

(1) OJ L 4, 8.1.1993, p. 22.