Commission Directive 2008/64/EC of 27 June 2008 amending Annexes I to IV 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: 2008-06-27
Institutions: European Commission
Subjects: parasitology, plant disease, plant health control, plant health legislation, protection of plant life

28.6.2008

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Official Journal of the European Union

L 168/31

DIRECTIVES

COMMISSION DIRECTIVE 2008/64/EC

of 27 June 2008

amending Annexes I to IV 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
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 points
the second paragraph of
Article 14 thereof,

(c) and (d) of

After consulting the Member States concerned,

Whereas:

(1)

(2)

(3)

Directive 2000/29/EC provides
for certain measures
against the introduction into the Member States from
other Member States or third countries of organisms
which are harmful to plants or plant products. It also
provides for certain zones to be recognised as protected
zones.

a

ex Ait.

spreading of

and Solanaceae present

From information supplied by Member States, it has been
determined that only certain plants
for planting of
Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium
l'Hérit.
risk of
spreading of Heliothis armigera (Hübner). Since the risk
limited to those
that organism is
of
plants, that organism should be deleted from Annex I
to Directive 2000/29/EC, which imposes a general ban,
and included instead in Annex II to that Directive, which
imposes a ban only with respect
to specific plants
the name of Heliothis
presenting a risk. Furthermore,
armigera (Hübner)
should be changed to Helicoverpa
armigera (Hübner), in line with its recent revised scientific
denomination.

that

apparent

it has
From information supplied by Member States,
become
acutatum
(Simmonds)
is widespread within the Community.
Therefore, that organism should no longer be listed as
a harmful organism under Directive 2000/29/EC and no
further protective measures under that Directive should

Colletotrichum

(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).

(4)

(5)

(6)

(7)

(8)

be taken with respect to that organism. Annex II to
Directive 2000/29/EC should therefore be amended
accordingly.

From information supplied by Portugal,
it appears that
Citrus tristeza virus (European isolates) is now established
in Madeira. This part of the Portuguese territory should
therefore no longer be recognised as a protected zone in
respect of that harmful organism and Annexes II and IV
to Directive 2000/29/EC should be amended accordingly.

From information supplied by Spain,
it appears that
Thaumetopoea pityocampa (Den. and Schiff.) is now estab-
lished in Ibiza. This part of the Spanish territory should
therefore no longer be recognised as a protected zone in
respect of that harmful organism and Annexes II and IV
to Directive 2000/29/EC should be amended accordingly.

From information supplied by Slovenia, it appears that
Erwinia amylovora (Burr.) Winsl. et al. is now established in
the Koroška and Notranjska regions. These regions
should therefore no longer be recognised as a protected
zone in respect of Erwinia amylovora (Burr.) Winsl. et al.
III and IV to Directive 2000/29/EC
and Annexes II,
should be amended accordingly.

Italy

shows

that Erwinia
Information supplied by
amylovora (Burr.) Winsl.
is now established in
et al.
some parts of its regions of Emilia-Romagna, Lombardy
and Veneto. Those parts of the Italian territory should
therefore no longer be recognised as a protected zone in
respect of Erwinia amylovora (Burr.) Winsl. et al. and
Annexes II, III and IV to Directive 2000/29/EC should
be amended accordingly.

From the Swiss legislation on plant protection, it appears
that the Cantons of Berne and Grisons are no longer
recognised as a protected zone for Erwinia amylovora
in Switzerland. The derogation
(Burr.) Winsl.
regions
allowing certain imports
into
certain protected zones under
requirements
should therefore be deleted and Part B of Annex IV to
Directive 2000/29/EC should be amended accordingly.

from those
special

et al.

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Official Journal of the European Union

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(9)

(10)

Annexes
therefore be amended accordingly.

I

to IV to Directive 2000/29/EC should

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 I
accordance with the Annex to this Directive.

to IV to Directive 2000/29/EC are amended in

Article 2

the latest,

1. Member States shall adopt and publish, by 31 August
2008 at
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 September 2008.

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.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the third 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, 27 June 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

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ANNEX

Annexes I to IV to Directive 2000/29/EC are amended as follows:

1.

in point (a) of Section II of Part A of Annex I, point 3 is deleted;

2. Annex II is amended as follows:

(a) Section II of Part A is amended as follows:

(i) in heading (a), the following point 6.2 is inserted after point 6.1:

Plants of Dendranthema (DC.) Des Moul, Dianthus L.,
Pelargonium l'Hérit. ex Ait. and of the family Solanaceae,
intended for planting, other than seeds’

‘6.2. Helicoverpa armigera (Hübner)

(ii) in heading (c), point 2 is deleted.

(b) Part B is amended as follows:

(i) in heading (a), point 10 is deleted;

(ii) in point 2 of heading (b), the text in the third column, protected zone(s),

is replaced by the following:

‘E, EE, F (Corsica), IRL, I (Abruzzo, Apúlia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of
Parma and Piacenza); Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except the province of Mantua), Marche,
Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the province of Rovigo, the
communes Castelbaldo, Barbona, Piacenza d’Adige, Vescovana, S. Urbano, Boara Pisani, Masi in the province
of Padova and the area situated to the south of highway A4 in the province of Verona)), LV, LT, A
(Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria and Vienna), P, SI (except
the regions Gorenjska, Koroška, Notranjska and Maribor), SK (except the communes of Blahová, Horné Mýto
and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany
(Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš,
Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands).’;

(iii) in point 1 of heading (d), the text in the third column, protected zone(s),

is replaced by the following:

‘EL, F (Corsica), M, P (except Madeira)’;

3. Part B of Annex III is amended as follows:

(a)

in point 1, the text in the second column, protected zone(s), is replaced by the following:

‘E, EE, F (Corsica), IRL, I (Abruzzo, Apúlia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma
and Piacenza), Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except the province of Mantua), Marche, Molise,
Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the province of Rovigo, the communes
Castelbaldo, Barbona, Piacenza d’Adige, Vescovana, S. Urbano, Boara Pisani, Masi in the province of Padova and
the area situated to the south of highway A4 in the province of Verona)), LV, LT, A (Burgenland, Carinthia, Lower
Austria, Tirol (administrative district Lienz), Styria and Vienna), P, SI (except the regions Gorenjska, Koroška,
the communes of Blahová, Horné Mýto and Okoč (Dunajská Streda
Notranjska and Maribor), SK (except
County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany (Topoľčany County), Málinec (Poltár
County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK
(Northern Ireland, Isle of Man and Channel Islands).’;

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(b) in point 2, the text in the second column, protected zone(s), is replaced by the following:

‘E, EE, F (Corsica), IRL, I (Abruzzo, Apúlia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces of Parma
and Piacenza), Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except the province of Mantua), Marche, Molise,
Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the province of Rovigo, the communes
Castelbaldo, Barbona, Piacenza d’Adige, Vescovana, S. Urbano, Boara Pisani, Masi in the province of Padova and
the area situated to the south of highway A4 in the province of Verona)), LV, LT, A (Burgenland, Carinthia, Lower
Austria, Tirol (administrative district Lienz), Styria and Vienna), P, SI (except the regions Gorenjska, Koroška,
the communes of Blahová, Horné Mýto and Okoč (Dunajská Streda
Notranjska and Maribor), SK (except
County), Hronovce and Hronské Kľačany (Levice County), Veľké Ripňany (Topoľčany County), Málinec (Poltár
County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín (Trebišov County)), FI, UK
(Northern Ireland, Isle of Man and Channel Islands).’;

4. Annex IV is amended as follows:

(a) Part A is amended as follows:

(i) in point 27.1 of Section I, in the second column, special requirements, the words ‘Heliothis armigera Hübner’

are replaced by ‘Helicoverpa armigera (Hübner)’;

(ii) in point 20 of Section II, in the second column, special requirements, the words ‘Heliothis armigera Hübner’ are

replaced by ‘Helicoverpa armigera (Hübner)’;

(b) Part B is amended as follows:

(i) Point 17 is deleted;

(ii) Point 21 is amended as follows:

— in the second column, special requirements, point (c) is replaced by the following:

‘(c)

the plants originate in one of the following Cantons of Switzerland: Fribourg, Vaud, Valais, or’,

— the text in the third column, protected zone(s), is replaced by the following:

‘E, EE, F (Corsica), IRL, I (Abruzzo, Apúlia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces
of Parma and Piacenza), Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except the province of Mantua),
Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the province of
Rovigo, the communes Castelbaldo, Barbona, Piacenza d’Adige, Vescovana, S. Urbano, Boara Pisani, Masi
in the province of Padova and the area situated to the south of highway A4 in the province of Verona)),
LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria and Vienna), P,
SI (except the regions Gorenjska, Koroška, Notranjska and Maribor), SK (except the communes of Blahová,
Horné Mýto and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké
Ripňany (Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý
Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands).’

(iii) Point 21.3 is amended as follows:

— in the second column, special requirements, point (b) is replaced by the following:

‘(b) originate in one of the following Cantons of Switzerland: Fribourg, Vaud, Valais, or’,

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— The text in the third column, protected zone(s), is replaced by the following:

‘E, EE, F (Corsica), IRL, I (Abruzzo, Apúlia, Basilicata, Calabria, Campania, Emilia-Romagna (the provinces
of Parma and Piacenza), Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except the province of Mantua),
Marche, Molise, Piedmont, Sardinia, Sicily, Tuscany, Umbria, Valle d'Aosta, Veneto (except the province of
Rovigo, the communes Castelbaldo, Barbona, Piacenza d’Adige, Vescovana, S. Urbano, Boara Pisani, Masi
in the province of Padova and the area situated to the South of highway A4 in the province of Verona)),
LV, LT, A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria and Vienna), P,
SI (except the regions Gorenjska, Koroška, Notranjska and Maribor), SK (except the communes of Blahová,
Horné Mýto and Okoč (Dunajská Streda County), Hronovce and Hronské Kľačany (Levice County), Veľké
Ripňany (Topoľčany County), Málinec (Poltár County), Hrhov (Rožňava County), Kazimír, Luhyňa, Malý
Horeš, Svätuše and Zatín (Trebišov County)), FI, UK (Northern Ireland, Isle of Man and Channel Islands).’;

(iv) Point 31 is amended as follows:

— the text in the third column, protected zone(s), is replaced by the following:

‘EL, F (Corsica), M, P (except Madeira)’.