2008/684/EC: Commission Decision of 19 August 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 pine wood nematode) as regards areas in Portugal, other than those in which it is known not to occur (notified under document number C(2008) 4407)
Date: 2008-08-19
Institutions: European Commission
Subjects: Portugal, conifer, export restriction, parasitology, plant health control, plant health legislation, wood product

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Official Journal of the European Union

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 19 August 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 pine
wood nematode) as regards areas in Portugal, other than those in which it is known not to occur

(notified under document number C(2008) 4407)

(2008/684/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
the introduction into the
on protective measures against
Community of organisms harmful to plants or plant products
their spread within the Community (1), and in
and against
particular Article
of
Article 16(5) thereof,

sentence

second

16(3)

and

the

Whereas:

(1)

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)
(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.

(2)

Portugal has adopted a ministerial order (Portaria No
358/2008 of 12 May 2008) prohibiting movement of

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

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

(3)

(4)

(5)

(6)

susceptible wood and plants out of continental Portugal
unless the wood has been heat treated and the plants
duly inspected.

Portugal presented to the Commission a proposal for a
survey plan, as provided for in Article 4(2) of Decision
2006/133/EC,
for the entire Portuguese territory. The
proposal was discussed in the Standing Committee on
Plant Health on 26 and 27 May 2008. However, the
Commission,
the
Committee, did not approve the plan because of insuf­
ficient intensity of monitoring.

conclusions

based

the

on

of

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 and that
the Community and national measures are not fully im­
plemented.

to confirm that

Therefore, spread of PWN out of the demarcated areas in
Portugal on account of movements of susceptible wood,
bark and plants cannot be fully excluded. Moreover, at
present, it is not possible for Member States other than
Portugal to control movements into their territory of
susceptible wood, bark and plants originating in all
parts of Portugal.

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1.

in the first paragraph of Article 2, the following sentence is
added:

‘In addition, Portugal shall ensure that
the conditions of
point 1 of the Annex in relation to susceptible wood, bark
and plants which are to be moved from demarcated areas
into areas in Portugal, other than demarcated areas, or into
other Member States or third countries are met.’;

2.

in Article 3, point (a) is replaced by the following:

‘(a) subject consignments of susceptible wood, bark and
plants, coming from Portugal and moved into their
territory, to testing for the presence of PWN;’;

3. the Annex to Decision 2006/133/EC is
accordance with the Annex to this Decision.

amended in

Article 2

This Decision shall be reviewed on the basis of the results of the
survey plan referred to in Article 4(2) of Decision 2006/133/EC.

Decision 2008/489/EC is repealed.

Article 3

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 19 August 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

(7)

(8)

interests

inspection.

appropriate

in relation to third countries,

In order to safeguard the territory of other Member
the Community
States against PWN and to protect
trade
the
movements of susceptible wood, bark and plants from
the demarcated areas in Portugal to other Member States
and third countries should be prohibited unless this
for
material has undergone appropriate treatment or,
plants,
the
requirements for 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
from the
extended to all movements
demarcated areas in 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.

Therefore,

Commission Decision 2008/489/EC of 27 June 2008
concerning interim protective measures against the disse­
mination of Bursaphelenchus xylophilus (Steiner et Buhrer)
in Portugal (1)
Nickle et al.
(the pine wood nematode)
provided for such measures pending the meeting of the
Standing Committee on Plant Health. It is now appro­
priate to confirm those measures and to repeal Decision
2008/489/EC.

(9)

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

(10)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

HAS ADOPTED THIS DECISION:

Decision 2006/133/EC is amended as follows:

Article 1

(1) OJ L 168, 28.6.2008, p. 38.

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In the Annex to Decision 2006/133/EC, point 1 is replaced by the following:

ANNEX

‘1. Without prejudice to the provisions referred to in point 2, in the case of movements from demarcated areas into

areas in Portugal, other than demarcated areas, or into other Member States or third countries, of:

(a) susceptible plants, those plants shall be, for destinations within the Community, accompanied by a plant passport

prepared and issued in accordance with the provisions of Commission Directive 92/105/EEC (*), 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, for
destinations within the Community, accompanied by the plant passport referred to in point 1(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, for destinations within the Community, be accompanied by the plant passport referred
to in point 1(a) after having undergone an appropriate fumigation treatment in order to ensure freedom from live
PWNs;

(d) susceptible wood, originating in the demarcated areas,

in the form of newly produced dunnage, spacers and
bearers, including that which has not kept its natural round surface, as well as in the form of newly produced
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 Phytosanitary Measures No 15
on Guidelines for regulating wood packaging material in international trade and marked according to Annex II to the
said Standard.

Portugal shall ensure that the plant passport referred to in point 1(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.

___________
(*) OJ L 4, 8.1.1993, p. 22.’