Commission Regulation (EC) No 690/2008 of 4 July 2008 recognising protected zones exposed to particular plant health risks in the Community (Recast)
Date: 2008-07-04
Institutions: European Commission
Subjects: EU Member State, parasitology, plant disease, plant health control, protected area, protection of plant life

22.7.2008

EN

Official Journal of the European Union

L 193/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 690/2008

of 4 July 2008

recognising protected zones exposed to particular plant health risks in the Community

(Recast)

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 the first subparagraph of Article 2(1)(h) thereof,

Having regard to the requests made by Ireland, Spain,
Cyprus, Lithuania, Malta, Austria, Portugal, Slovenia
Slovakia,

Italy,
and

Whereas:

(1)

(2)

(3)

Commission Directive 2001/32/EC of 8 May 2001
recognising protected zones exposed to particular plant
health risks in the Community and repealing Directive
92/76/EEC (2) has been substantially amended several
times. Since further amendments are to be made,
it
should be recast in the interests of clarity.

‘protected zones’ exposed
Under Directive 2000/29/EC,
to particular plant health risks may be defined and
therefore may be accorded special protection under
conditions compatible with the internal market. Such
zones were
Commission Directive
in
2001/32/EC.

defined

Certain Member States or certain areas in Member States
are recognised as protected zones in respect of certain
recognition was
harmful organisms.
granted provisionally, because
information
full
necessary to show that
the harmful organism in
question was not present in the Member State or area
concerned had not been provided or efforts to eradicate
such an organism had not been concluded. Where the

In some cases
the

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

last amended by
Commission Directive 2008/64/EC (OJ L 168, 28.6.2008, p. 31).
(2) OJ L 127, 9.5.2001, p. 38. Directive as last amended by Directive

2007/40/EC (OJ L 169, 29.6.2007, p. 49).

(4)

(5)

(6)

Member States concerned have provided the necessary
information, the zones in question should be recognised
as permanent protected zones. The provisional recog­
nition should exceptionally be extended for a further
limited period to give the Member States concerned the
necessary additional time to submit information showing
that that organism is not present or, where necessary, to
complete their efforts to eradicate it.
In other cases
protected zones should no longer be recognised as
such since harmful organisms are now present.

vitifoliae

to Daktulosphaira

Cyprus was provisionally recognised as a protected zone
with respect
Ips
sexdentatus Börner and Leptinotarsa decemlineata Say until
31 March 2008. From information supplied by Cyprus
since the provisional recognition was granted, it appears
that
in Cyprus.
Therefore Cyprus should be recognised as a permanent
protected zone with respect to those organisms.

are not present

those organisms

(Fitch),

Certain regions of Spain were recognised as protected
zones with respect
to Thaumetopoea pityocampa (Den.
it
and Schiff.). From information supplied by Spain,
appears that that organism is now established in these
regions. They should therefore no longer be recognised
as a protected zone in respect of that organism.

Certain regions in Italy, Austria, Slovenia and Slovakia,
and the whole territory of Ireland and Lithuania were
provisionally recognised as protected zones with respect
to Erwinia amylovora (Burr.) Winsl. et al. until 31 March
2008.

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Official Journal of the European Union

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From information supplied by Ireland, Lithuania and
Slovakia,
it appears that the provisional recognition of
the protected zones for those countries in respect of
Erwinia amylovora (Burr.) Winsl. et al. should exceptionally
be extended for two years to give those Member States
the necessary time to submit information showing that
that organism is not present or, where necessary,
to
complete their efforts to eradicate it.

it
From information supplied by Italy and Slovenia,
appears that Erwinia amylovora (Burr.) Winsl. et al.
is
now established in some regions, which have previously
been provisionally recognised as protected zones for that
organism until 31 March 2008. Those regions should
therefore no longer be recognised as a protected zone
for that organism.

(12)

(13)

(14)

(15)

(7)

(8)

(9)

From information supplied by Austria,
it appears that
due to unfavourable conditions in 2007 there were
several outbreaks of Erwinia amylovora (Burr.) Winsl. et
al. in some parts of its territory, which have been provi­
sionally recognised as protected zones for this harmful
organism. For this reason, the provisional recognition of
the protected zones for certain regions in respect of
should be
(Burr.) Winsl.
Erwinia
extended for one year to give Austria the necessary
time to verify that
the eradication efforts made by
Austria in 2007 are efficient and submit information
is
showing that Erwinia amylovora (Burr.) Winsl. et al.
not present or, where necessary, to complete its efforts
to eradicate that organism in 2008.

amylovora

al.

et

(10) Malta was provisionally recognised as a protected zone
with respect to Citrus tristeza virus (European strains) until
31 March 2008. From information supplied by Malta, it
appears that the efforts to eradicate that organism have
been successful. Therefore Malta should be recognised as
to that
a permanent protected zone with respect
organism.

(11)

The territory of Portugal was recognised as a protected
zone with respect
(European
to Citrus
it
strains). From information supplied by Portugal,
appears that that organism is now established in a part
the Portuguese territory
of

its territory. That part of

tristeza virus

should therefore no longer be recognised as a protected
zone in respect of that organism.

It is therefore necessary to modify the existing desig­
nation of protected zones.

In the past protected zones were
recognised and
amended by Directive. To achieve a timely and simul­
taneous application by Member States, protected zones
should be recognised by Regulation.

The measures provided for in this Regulation are in
accordance with
Standing
Committee on Plant Health.

opinion

the

the

of

This Regulation should be without prejudice to the obli­
gations of the Member States relating to the time-limits
for transposition into national law and application of the
Directives set out in Annex II, Part B,

HAS ADOPTED THIS REGULATION:

Article 1

The zones in the Community listed in Annex I are recognised as
protected zones within the meaning of the first subparagraph of
Article 2(1)(h) of Directive 2000/29/EC,
the
harmful organism(s) listed against their names in Annex I to
this Regulation.

in respect of

Article 2

Directive 2001/32/EC, as amended by the acts listed in Annex
II, Part A, is repealed, without prejudice to the obligations of the
Member States relating to the time-limits for transposition into
national law and application of the Directives set out in Annex
II, Part B.

References to the repealed Directive shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex III.

Article 3

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 July 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

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Official Journal of the European Union

L 193/3

ANNEX I

Zones in the community recognised as ‘protected zones’, in respect of harmful organism(s) listed against their
names

Harmful organisms

Protected zones: territory of

(a) Insects, mites and nematodes, at
all stages of their development

1. Anthonomus grandis (Boh.)

Greece, Spain (Andalusia, Catalonia, Extremadura, Murcia, Valencia)

2.

Bemisia tabaci Genn.
(European populations)

Ireland, Portugal
(Azores, Beira Interior, Beira Litoral, Entre Douro e Minho,
Madeira, Ribatejo e Oeste (communes of Alcobaça, Alenquer, Bombarral,
Cadaval, Caldas da Rainha, Lourinhã, Nazaré, Obidos, Peniche and Torres
Vedras) and Trás-os-Montes), Finland, Sweden, United Kingdom

3.

Cephalcia lariciphila (Klug.)

Ireland, United Kingdom (Northern Ireland, Isle of Man and Jersey)

3.1. Daktulosphaira vitifoliae

Cyprus

(Fitch)

4. Dendroctonus micans Kugelan

Ireland, Greece, United Kingdom (Northern Ireland, Isle of Man and Jersey)

5. Gilpinia hercyniae (Hartig)

Ireland, Greece, United Kingdom (Northern Ireland, Isle of Man and Jersey)

6. Globodera pallida (Stone)

Latvia, Slovenia, Slovakia, Finland

Behrens

7. Gonipterus scutellatus Gyll

Greece, Portugal (Azores)

8.

Ips amitinus Eichhof

Ireland, Greece, France (Corsica), United Kingdom

9.

Ips cembrae Heer

Ireland, Greece, United Kingdom (Northern Ireland and Isle of Man)

10.

Ips duplicatus Sahlberg

Ireland, Greece, United Kingdom

11.

Ips sexdentatus Börner

Ireland, Cyprus, United Kingdom (Northern Ireland and Isle of Man)

12.

Ips typographus Heer

Ireland, United Kingdom

13. Leptinotarsa decemlineata Say

Ireland, Spain (Ibiza and Menorca), Cyprus, Malta, Portugal (Azores and Madeira),
Finland (districts of Åland, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa),
Sweden (counties of Blekinge, Gotland, Halland, Kalmar and Skåne), United
Kingdom

14. Liriomyza bryoniae
(Kaltenbach)

Ireland, United Kingdom (Northern Ireland)

15. Sternochetus mangiferae

Spain (Granada and Malaga), Portugal (Alentejo, Algarve and Madeira)

Fabricius

(b) Bacteria

1.

2.

Curtobacterium flaccumfaciens
pv. flaccumfaciens (Hedges)
Col.

Erwinia amylovora (Burr.)
Winsl. et al.

Greece, Spain, Portugal

— Estonia, Spain, France (Corsica), Italy (Abruzzo, Basilicata, Calabria, Campania,
Friuli-Venezia Giulia, Lazio, Liguria, Marche, Molise, Piedmont, Sardinia, Sicily,
Tuscany, Umbria, Valle d’Aosta), Latvia, Portugal, Finland, United Kingdom
(Northern Ireland, Isle of Man and Channel Islands),

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Harmful organisms

Protected zones: territory of

— and, until 31 March 2010,

Ireland,

Italy (Apúlia, Emilia-Romagna (the
provinces of Parma and Piacenza), Lombardy (except
the province of
Mantua), 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
the regions Gorenjska,
province of Verona)), Lithuania, Slovenia (except
Koroška, Maribor and Notranjska), Slovakia (except
the communes of
Blahová, Horné Mýto and Okoč (Dunajská Streda County), Hronovce and
Hronské Kľačany (Levice County), Málinec (Poltár County), Hrhov (Rožňava
County), Veľké Ripňany (Topoľčany County), Kazimír, Luhyňa, Malý Horeš,
Svätuše and Zatín (Trebišov County))

— and, until 31 March 2009, Austria (Burgenland, Carinthia, Lower Austria, Tirol

(administrative district Lienz), Styria, Vienna)

(c) Fungi

01.

Cryphonectria parasitica
(Murrill) Barr

Czech Republic,
Kingdom (except Isle of Man)

Ireland, Greece (Crete and Lesvos), Sweden and the United

1. Glomerella gossypii Edgerton

Greece

2. Gremmeniella abietina

Ireland, United Kingdom (Northern Ireland)

Morelet

3. Hypoxylon mammatum
(Wahl.) J Miller

(d) Viruses and virus-like organisms

Ireland, United Kingdom (Northern Ireland)

1.

Beet necrotic yellow vein
virus

Ireland, France (Brittany), Portugal (Azores), Finland, United Kingdom (Northern
Ireland)

2.

Tomato spotted wilt virus

Finland, Sweden

3.

Citrus tristeza virus
(European strains)

Greece, France (Corsica), Malta, Portugal (except Madeira)

4. Grapevine flavescence dorée

MLO

Czech Republic (until 31 March 2009), France (Alsace, Champagne-Ardenne
(until 31 March 2009)
and Lorraine)

(until 31 March 2009), Italy (Basilicata)

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ANNEX II

PART A

Repealed Directive with list of its successive amendments

(referred to in Article 2)

Commission Directive 2001/32/EC
(OJ L 127, 9.5.2001, p. 38)

Directive 2002/29/EC
(OJ L 77, 20.3.2002, p. 26)

Directive 2003/21/EC
(OJ L 78, 25.3.2003, p. 8)

Directive 2003/46/EC
(OJ L 138, 5.6.2003, p. 45)

2003 Act of Accession
(OJ L 236, 23.9.2003)

Directive 2004/32/EC
(OJ L 85, 23.3.2004, p. 24)

Decision 2004/522/EC
(OJ L 228, 29.6.2004, p. 18)

Directive 2005/18/EC
(OJ L 57, 3.3.2005, p. 25)

Directive 2006/36/EC
(OJ L 88, 25.3.2006, p. 13)

Directive 2007/40/EC
(OJ L 169, 29.6.2007, p. 49)

Article 20 and Annex II, p. 443

PART B

List of time-limits for transposition into national law and application

(referred to in Article 2)

Directive

Time-limit for transposition

Date of application

2001/32/EC

2002/29/EC

2003/21/EC

2003/46/EC

2004/32/EC

2005/18/EC

2006/36/EC

2007/40/EC

21 May 2001

31 March 2002

31 March 2003

15 June 2003

20 April 2004

14 May 2005

30 April 2006

22 May 2001

1 April 2002

1 April 2003

16 June 2003

21 April 2004

15 May 2005

1 May 2006

31 October 2007

1 November 2007

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ANNEX III

Correlation table

Directive 2001/32/EC

This Regulation

Article 1

Article 3

—

Article 4

Article 5 first paragraph

Article 5 second paragraph

—

Article 6

Article 1

—

Article 2

—

Article 3 first paragraph

—

Article 3 second paragraph

—

Annex, point (a), 1, 2 and 3

Annex I, point (a), 1, 2 and 3

Annex, point (a), 3.1

Annex, point (a), 4 to 15

Annex, point (a), 16

Annex, point (b), 1

Annex I, point (a), 3.1

Annex I, point (a), 4 to 15

—

Annex I, point (b), 1

Annex, point (b), 2, first indent

Annex I, point (b), 2, first indent

—

Annex I, point (b), 2, second indent

Annex, point (b), 2, second indent

—

—

Annex, point (c), 01

Annex, point (c), 1 to 3

Annex, point (d), 1 to 4

—

—

Annex I, point (b), 2, third indent

Annex I, point (c), 01

Annex I, point (c), 1 to 3

Annex I, point (d), 1 to 4

Annex II

Annex III