2008/840/EC: Commission Decision of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster) (notified under document number C(2008) 6631)
Date: 2008-11-07
Institutions: European Commission
Subjects: crop production, fight against insects, insect, originating product, plant health control, protection of plant life, trade restriction

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 7 November 2008

on emergency measures to prevent the introduction into and the spread within the Community of
Anoplophora chinensis (Forster)

(notified under document number C(2008) 6631)

(2008/840/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 the third sentence of Article 16(3) thereof,

Whereas:

(1)

(2)

chinensis

to Directive
In Section I of Part A of Annex I
and
(Forster)
2000/29/EC, Anoplophora malasiaca
listed. Recent
are
(Thomson)
Anoplophora
studies have found that those two denominations cover
in fact one single species of harmful organism. For the
purposes of this Decision it is therefore appropriate to
use the single revised scientific denomination Anoplophora
is listed in that
to designate what
chinensis
Annex as Anoplophora malasiaca (Forster) and Anoplophora
chinensis (Thomson).

(Forster)

Under Directive 2000/29/EC, where a Member State
considers that there is a danger of introduction into or
spread within its territory of a harmful organism whether
or not listed in Annexes I or II to that Directive, it may
temporarily take any additional measures necessary to
protect itself from that danger.

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

(4)

(5)

(6)

(7)

the presence of Anoplophora chinensis
As a result of
in the region of
(Forster) on various host plants
Italy informed the Commission and the
Lombardy,
other Member States on 23 November 2007 that
it
had adopted additional measures on 9 November 2007
to prevent
introduction into and spread
the further
within its territory of that organism.

As a result of findings of Anoplophora chinensis (Forster)
the
on various host plants
Commission and other Member States were informed
on 21 January 2008 of the measures taken to eradicate
that organism in the Netherlands.

in the Netherlands,

Anoplophora chinensis (Forster) has been recently inter­
cepted on many consignments of plants for planting of
Acer spp. originating in third countries. At present, there
are no special requirements in relation to this harmful
organism for plants of Acer spp., nor for other plants
which are amongst the most susceptible hosts plants,
originating in third countries or in the Community.

A pest risk analysis on Anoplophora chinensis (Forster) was
released in 2008 by the Netherlands, which concluded
that there is a very high probability of establishment of
the organism in the Community and a high potential of
economic damage to several host plants.

is therefore necessary to take emergency measures
It
the introduction into and spread within the
against
Community of Anoplophora
(Forster). The
measures should apply to a list of plants of any origin,
the ‘specified plants’, known to be hosts of Anoplophora
chinensis (Forster) and which present the highest risk of
being infested.

chinensis

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(8)

(9)

the import of

should be defined for

the
Measures
specified plants as regards their production in third
countries and inspections at entry into the Community.
Measures should also be defined for the production,
movement and control of the specified plants originating
in areas
in the Community where the presence of
Anoplophora chinensis (Forster) is confirmed.

(b) ‘place of production’ means the place of production as
defined in the FAO International Standard for Phytosanitary
Measures No 5 (1).

Article 2

Import of the specified plants

Detailed measures should be laid down in areas in the
Community where the presence of Anoplophora chinensis
(Forster) is confirmed,
i.e. the infested zones. In those
zones, appropriate measures to eradicate the organism
its presence should be
and intensive monitoring of
applied.
the
intensive monitoring for the presence of
buffer zones,
the first
the organism should take place.
detection of
in the
the
Community, the size of the relevant buffer zone might
be reduced to reflect better the more limited risk of
spreading.

In case of
organism in an area

In the areas surrounding such areas,

i.e.

(10) A survey to check for the presence or continued absence
of Anoplophora chinensis (Forster) should be carried out on
host plants in all Member States.

plants
Specified
Anoplophora chinensis (Forster)
only be introduced into the Community if:

imported

countries where
from third
is known to be present, may

(a)

they comply with the specific import requirements in point
(1) of Section I of Annex I;

(b) without

13a(1)

prejudice

to Article

of Directive
2000/29/EC, on entry into the Community they are
inspected by the responsible official body in accordance
with point (2) of Section I of Annex I to this Decision
for the presence of Anoplophora chinensis (Forster), and no
signs of that organism have been found.

(11)

is appropriate that

It
the measures be reviewed by
31 May 2009 taking into account the availability, after
one growing season, of the results of the official surveys
and examinations by Member States of specified plants
imported and being moved within the Community under
the emergency measures.

Movement of specified plants within the Community

Specified plants originating in demarcated areas within the
Community established in accordance with Article 5 may be
moved within the Community only if they meet the conditions
set out in point (1) of Section II of Annex I.

Article 3

(12) Member States should, if necessary, adapt their legislation

in order to comply with this Decision.

(13)

The measures provided for
accordance with
Committee on Plant Health,

the

in this Decision are in
Standing
the

of

opinion

HAS ADOPTED THIS DECISION:

Article 1

Definitions

Specified plants imported in accordance with Article 2 from
third countries where Anoplophora chinensis (Forster) is known
to be present, may be moved within the Community only if
they meet the conditions set out in point (2) of Section II of
Annex I.

Article 4

Surveys

Member States shall conduct official annual surveys for the
the
presence of Anoplophora
chinensis
evidence of
infestation by that organism on host plants in
their territory.

and for

(Forster)

For the purpose of this Decision, the following definitions shall
apply:

(a)

‘specified plants’ means plants for planting, other than seeds,
of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp.,
Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus
spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus
spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp.;

Without prejudice to Article 16(1) of Directive 2000/29/EC, the
results of those surveys, together with the list and delimitation
of demarcated areas referred to in Article 5 of this Decision,
shall be notified to the Commission and to the other Member
States by 30 April of each year.

(1) Glossary of Phytosanitary Terms — Reference Standard ISPM No 5
by the Secretariat of the International Plant Protection Convention,
Rome.

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Article 5

Demarcated areas

that those measures comply with this Decision. They shall im­
mediately inform the Commission of those measures.

When the results of the surveys referred to in Article 4 confirm
in an area, or
the presence of Anoplophora chinensis (Forster)
there is evidence of the presence of that organism by other
means, Member States shall define demarcated areas, which
shall consist of infested zone and of buffer zone, in accordance
with Section 1 of Annex II.

Article 7

Review

This Decision shall be reviewed by 31 May 2009 at the latest.

The Member States
demarcated areas as laid down in Section 2 of Annex II.

take official measures

shall

in the

Article 6

Compliance

Article 8

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 7 November 2008.

Member States shall take all measures to comply with this
Decision and,
if necessary, amend the measures which they
have adopted to protect themselves against the introduction
and spread of Anoplophora chinensis (Forster) in such a manner

For the Commission

Androulla VASSILIOU
Member of the Commission

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ANNEX I

EMERGENCY MEASURES REFERRED TO IN ARTICLES 2 AND 3

I. Specific import requirements

(1) Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18,
19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified
plants originating in third countries where Anoplophora chinensis (Forster) is known to be present shall be accompanied
by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’
that:

(a)

the plants have been grown throughout their life in a place of production situated in a pest-free area established
by the national plant protection organisation in the country of origin in accordance with relevant International
Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place
of origin’; or

(b) the plants have been grown, during a period of at least two years prior to export, in a place of production
established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosa­
nitary Measures:

(i) which is registered and supervised by the national plant protection organisation in the country of origin; and

(ii) which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster)

carried out at appropriate times and no signs of the organism have been found; and

(iii) where the plants have been grown in a site:

— with complete physical protection against the introduction of Anoplophora chinensis (Forster); or

— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius
of at least two km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are
carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found,
eradication measures are immediately taken to restore the pest freedom of the buffer zone; and

(iv) where immediately prior to export consignments of the plants have been officially subjected to a meticulous
inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants.
Where appropriate, this inspection should include destructive sampling.

(2) Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the
place of destination established in accordance with Commission Directive 2004/103/EC (1).
Inspection methods
applied shall ensure the detection of any signs of Anoplophora chinensis (Forster), in particular in roots and stems
of the plants. Where appropriate, this inspection should include destructive sampling.

II. Conditions for movement

(1) Specified plants originating in demarcated areas within the Community may be moved within the Community only if
they are accompanied by a plant passport prepared and issued in accordance with Commission Directive
92/105/EEC (2) and have been grown during a period of at least two years prior to movement in a place of
production:

(i) which is registered according to Commission Directive 92/90/EEC (3); and

(ii) which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis
(Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this
inspection should include destructive sampling; and

(1) OJ L 313, 12.10.2004, p. 16.
(2) OJ L 4, 8.1.1993, p. 22.
(3) OJ L 344, 26.11.1992, p. 38.

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(iii) where the plants were placed in a site:

— with complete physical protection against the introduction of Anoplophora chinensis (Forster); or

— with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at
least two km beyond the boundary of the infested zone where official surveys for the presence or signs of
Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora
chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the
buffer zone.

(2) Specified plants imported from third countries where Anoplophora chinensis (Forster)

is known to be present in
accordance with Section I may be moved within the Community only if they are accompanied by the plant
passport referred to in point (1).

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ANNEX II

EMERGENCY MEASURES REFERRED TO IN ARTICLE 5

1. Establishment of demarcated areas

(a) The demarcated areas referred to in Article 5 shall consist of the following parts:

(i) an infested zone which is the zone where the presence of Anoplophora chinensis (Forster) has been confirmed,
and which includes all plants showing symptoms caused by Anoplophora chinensis (Forster) and, where appro­
priate, all plants belonging to the same lot at the time of planting,

(ii) a buffer zone with a radius of at least two km beyond the boundary of the infested zone.

(b) The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology
of Anoplophora chinensis (Forster), the level of infestation, the particular distribution of the specified plants in the
area concerned and evidence of establishment of the harmful organism. In case of the first detection of the
organism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not
less than one km beyond the boundary of the infested zone.

(c) If the presence of Anoplophora chinensis (Forster) is confirmed outside the infested zone, the delimitation of the
demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest
freedom of the buffer zone.

(d) If, based on the annual surveys referred to in point 2(b), Anoplophora chinensis (Forster) is not detected in a
demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred to
in point 2 shall no longer apply.

2. Measures in demarcated areas

The official measures referred to in Article 5 to be taken in the demarcated areas, shall include at least the following:

(a)

in the infested zone, appropriate measures aiming at eradicating Anoplophora chinensis (Forster), including the felling
and destruction of infested plants and plants with signs of Anoplophora chinensis (Forster), including the roots,
annually before 30 April;

(b) in the infested zone and the buffer zone, intensive monitoring for the presence of Anoplophora chinensis (Forster) by

inspections carried out annually on host plants of the organism at appropriate times.