2008/790/EC: Commission Decision of 7 October 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) 5555)
Date: 2008-10-07
Institutions: European Commission
Subjects: Portugal, conifer, parasitology, plant health control, plant health legislation, wood product

11.10.2008

EN

Official Journal of the European Union

L 271/47

COMMISSION DECISION

of 7 October 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) 5555)

(2008/790/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

already applicable to movements from the demarcated
area to other areas.

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,

Whereas:

(1)

(2)

(3)

(4)

13

2006

February

requiring Member

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

xylophilus

(Steiner

Decision 2006/133/EC was last amended by Commission
Decision 2008/684/EC (3),
interim
by Commission Decision
measures
2008/489/EC (4).
the
movements of susceptible material out of the demarcated
area.

to confirm the

for
Those

measures

provided

secure

Portugal informed the Commission during the meeting of
the Standing Committee on Plant Health on 3 July 2008
that it had surveyed 2 145 locations in Portugal, that
samples had been taken as appropriate and that a total
number of 50 findings of PWN, spread in various
locations over its territory, had been confirmed during
the
campaign that was
extraordinary monitoring
organised in the first semester of 2008.

In view of those new findings, it is necessary to reinforce
the protection of the buffer zone around the infested
the demarcated area by applying the same
zone of
requirements
susceptible material
from the infested zone to the buffer zone as are

to movements of

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 52, 23.2.2006, p. 34.
(3) OJ L 224, 22.8.2008, p. 8.
(4) OJ L 168, 28.6.2008, p. 38.

(5)

(6)

(7)

(8)

(9)

In order to maximise the effect of the available resources
for testing, the requirements for testing of all susceptible
plants which are either identified as infested by PWN, or
showing any symptoms of poor health or situated in
salvage areas should be limited to the buffer zone only.

close

to the border with Spain,

In case PWN would be found repeatedly in the same part
of Portugal
the
demarcated area should be extended into Spain and
Spain should implement
for
movements of susceptible wood, bark and plants in
and from the demarcated area in its territory and carry
out an additional survey in that area.

the same requirements

items, movement

As regards susceptible wood packaging material and
similar
be
limited to newly produced material originating in
Portugal as the phytosanitary risk of old packaging
material is small.

requirements

should

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

HAS ADOPTED THIS DECISION:

Decision 2006/133/EC is amended as follows:

Article 1

1. In Article 2, the first paragraph is replaced by the following:

‘Until 31 March 2012, Portugal and, if appropriate, Spain,
shall ensure that the conditions laid down in the Annex are
met in relation to susceptible wood, bark and plants, which
are to be moved within or from the demarcated areas
defined in accordance with Article 5, to areas, other than
demarcated areas in Member States or to third countries.’

L 271/48

EN

Official Journal of the European Union

11.10.2008

2. In Article 4,

the first subparagraph of paragraph 2 is

replaced by the following:

‘In addition to the surveys provided for in paragraph 1,
Portugal and, if appropriate, Spain shall prepare annually a
survey plan for the demarcated areas and present it to the
Commission for approval. The plan shall be risk-based and
take into account
the distribution of susceptible plants
within their territory.’

the
establish a demarcated area
Portuguese demarcated area in its territory to include a
buffer zone of 20 km width around the location where
the presence was detected.’

an extension of

as

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

accordance with the Annex to this Decision.

3. In Article 5 the following paragraph is inserted after the first

paragraph:

This Decision is addressed to the Member States.

Article 2

‘In case the results of the survey referred to in Article 4(2)
indicate the presence of PWN at less than 20 km from the
border with Spain, Portugal shall immediately inform Spain
thereof. If the presence is confirmed within 3 km from the
border with Spain or if another presence is detected in the
vicinity of the first presence within one year, Spain shall

Done at Brussels, 7 October 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

11.10.2008

EN

Official Journal of the European Union

L 271/49

ANNEX

The Annex to Decision 2006/133/EC is amended as follows:

1.

in point 1, the introductory phrase is replaced by the following:
‘Without prejudice to the provisions referred to in point 2, in the case of movements from demarcated areas into
areas, other than demarcated areas in Member States or third countries, as well as for movements from the part of the
demarcated areas in which PWN is known to occur to the part of the demarcated areas designated as buffer zone, of:’;

2.

in point 2, the introductory phrase is replaced by the following:
‘In cases of movements within demarcated areas:’;

3.

in point 2(a)(iii), the second paragraph of the third indent is deleted;

4. point 2(g) is replaced by the following:

‘(g) susceptible wood, originating in the demarcated areas in the form of newly produced packing cases, boxes, crates,
drums and similar packings, pallets, box pallets and other load boards, pallet collars, dunnage, spacers and bearers,
including that which has not kept its natural round surface, 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 of the said Standard.’.