Commission Directive 2009/7/EC of 10 February 2009 amending Annexes I, II, IV and V 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: 2009-02-10
Institutions: European Commission
Subjects: European Community, animal disease, crop production, health certificate, health risk, marketing, plant health control, plant health legislation

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EN

Official Journal of the European Union

11.2.2009

DIRECTIVES

COMMISSION DIRECTIVE 2009/7/EC

of 10 February 2009

amending Annexes I, II, IV and V 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 lists organisms which are harmful
to plants or plant products and provides for certain
measures against their introduction into Member States
from other Member States or third countries.

On the basis of information supplied by Member States
II,
and an examination of Annexes I,
IV and V to
Directive 2000/29/EC by experts,
is appropriate to
it
amend the lists of harmful organisms in Annexes I and
II to improve protection against the introduction of such
organisms into the Community. All changes are based on
technical and scientific evidence.

increased international

Taking into account
trade in
plants and plant products, a phytosanitary protection of
the Community is needed against the introduction of the
following harmful organisms which are so far not known
to be present in the Community: Dendrolimus sibiricus
Tschetverikov; Rhynchophorus palmarum (L.); Agrilus plani­
Fairmaire on plants of Fraxinus L.,
pennis
Juglans
mandshurica Maxim., Ulmus davidiana Planch., Ulmus
parvifolia Jacq., and Pterocarya rhoifolia Siebold & Zucc.,
and only known to be present in Canada, China, Japan,
Mongolia, Republic of Korea, Russia, Taiwan and the
United States; Chrysanthemum stem necrosis virus on

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

(4)

(5)

(6)

(7)

(8)

(9)

plants of Dendranthema (DC.) Des Moul. and Lycopersicon
lycopersicum (L.) Karsten ex Farw.; Scrobipalpopsis solanivora
(Povolny) on tubers of Solanum tuberosum L.
and
Stegophora ulmea (Schweinitz : Fries) Sydow & Sydow
intended for
on plants of Ulmus L. and Zelkova L.,
the further
In addition,
planting, other
spread of Paysandisia archon (Burmeister), found in some
areas in the Community on 11 genera of Palmae and
under official control, needs to be limited for the same
reasons.

than seeds.

The names of Saissetia nigra (Nietm.) and Diabrotica
virgifera Le Conte should be amended in line with the
revised scientific denominations of
those organisms.
Saissetia nigra (Nietm.) has become Parasaissetia nigra
(Nietner). Diabrotica virgifera Le Conte has been split
into two subspecies, namely Diabrotica virgifera virgifera
in the Community, and
Le Conte, regionally present
Diabrotica virgifera zeae Krysan & Smith, not present in
the Community.

The listing of those organisms in Annexes I and II to
Directive 2000/29/EC needs therefore to be amended.

Consequently, the relevant requirements in Annexes IV
and V to Directive 2000/29/EC for
the import or
movement of host plants of harmful organisms referred
to in Annexes I and II need to be amended to take
account of the amended listing in Annexes I and II.

The CN code for wood of Acer saccharum Marsh. needs to
be updated in Annex V, Part B to complete the list of CN
codes for wood subject to import control.

Annexes I, II, IV and V to Directive 2000/29/EC should
therefore be amended accordingly.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Directive are in
Standing
the

of

opinion

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HAS ADOPTED THIS DIRECTIVE:

Article 1

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.

Annexes I, II, IV and V to Directive 2000/29/EC are amended in
accordance with the text in the Annex to this Directive.

Article 3

Article 2

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

the latest,

1. Member States shall adopt and publish, by 31 March
2009 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.

This Directive is addressed to the Member States.

Article 4

They shall apply those provisions from 1 April 2009.

Done at Brussels, 10 February 2009.

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.

For the Commission

Androulla VASSILIOU
Member of the Commission

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Official Journal of the European Union

11.2.2009

Annexes I, II, IV and V to Directive 2000/29/EC are amended as follows:

ANNEX

1. In Annex I, Part A is amended as follows:

(a)

in heading (a) of Section I:

(i) the following point 10.0 is inserted after point 10:

‘10.0. Dendrolimus sibiricus Tschetverikov’;

(ii) point 10.4 is replaced by the following:

‘10.4. Diabrotica virgifera zeae Krysan & Smith’;

(iii) the following point 19.1 is inserted after point 19:

‘19.1. Rhynchophorus palmarum (L.)’

(b) in heading (a) of Section II, the following point 0.1. is inserted before point 1:

‘0.1. Diabrotica virgifera virgifera Le Conte’.

2. In Annex II, Part A is amended as follows:

(a)

in heading (a) of Section I:

(i) the following point 1.1 is inserted after point 1:

‘1.1. Agrilus planipennis Fairmaire

Plants intended for planting, other than plants in tissue
culture and seeds, wood and bark of Fraxinus L., Juglans
mandshurica Maxim., Ulmus davidiana Planch., Ulmus
parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc.,
originating in Canada, China, Japan, Mongolia, Republic
of Korea, Russia, Taiwan and USA’

(ii) point 24 is deleted;

(iii) the following point 28.1 is inserted after point 28:

‘28.1. Scrobipalpopsis solanivora Povolny

Tubers of Solanum tuberosum L.’

(b) in heading (c) of Section I, the following point 14.1 is inserted after point 14:

‘14.1. Stegophora ulmea (Schweinitz: Fries) Sydow &

Sydow

Plants of Ulmus L. and Zelkova L., intended for planting,
other than seeds’

(c)

in heading (d) of Section I, the following point 5.1 is inserted after point 5:

‘5.1. Chrysanthemum stem necrosis virus

Plants of Dendranthema (DC.) Des Moul. and Lycopersicon
lycopersicum (L.) Karsten ex Farw., intended for planting,
other than seeds’

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(d) in heading (a) of Section II:

(i) the following point 6.3 is inserted after point 6.2:

‘6.3. Parasaissetia nigra (Nietner)

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
their hybrids, other than fruit and seeds’

(ii) the following point 10 is inserted after point 9:

‘10. Paysandisia archon (Burmeister)

Plants of Palmae,
intended for planting, having a
diameter of the stem at the base of over 5 cm and
belonging to the following genera: Brahea Mart., Butia
Becc., Chamaerops L.,
Jubaea Kunth, Livistona R. Br.,
Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H.
Wendl., Trithrinax Mart., Washingtonia Raf.’

3. In Annex IV, Part A, Section I is amended as follows:

(a)

the following points 2.3, 2.4 and 2.5 are inserted after point 2.2:

‘2.3. Whether or not

listed among CN codes in
Annex V, Part B, wood of Fraxinus L., Juglans
mandshurica Maxim., Ulmus davidiana Planch.,
Ulmus parvifolia Jacq. and Pterocarya rhoifolia
Siebold & Zucc., other than in the form of
— chips, obtained in whole or part from these

trees,

— wood packaging material,

in the form of
packing cases, boxes, crates, drums and
similar packings, pallets, box pallets and
other load boards, pallet collars, actually in
use in the transport of objects of all kinds,
— wood used to wedge or support non-wood

cargo,

including wood which has not kept

but
natural round surface,

its

originating in Canada, China, Japan, Mongolia,
Republic of Korea, Russia, Taiwan and USA

2.4. Whether or not

listed among CN codes in
Annex V, Part B, wood in the form of chips
obtained in whole or part
from Fraxinus L.,
Juglans mandshurica Maxim., Ulmus davidiana
Planch., Ulmus parvifolia Jacq. and Pterocarya
rhoifolia Siebold & Zucc. originating in Canada,
China,
Japan, Mongolia, Republic of Korea,
Russia, Taiwan and USA

2.5.

Isolated bark of Fraxinus L., Juglans mandshurica
Maxim., Ulmus davidiana Planch., Ulmus parvifolia
Jacq. and Pterocarya rhoifolia Siebold & Zucc.
originating in Canada, China, Japan, Mongolia,
Republic of Korea, Russia, Taiwan and USA

Official statement that the wood:

(a) originates in an area established by the national plant
protection organisation in the country of export as
being free from Agrilus planipennis Fairmaire in
accordance with the relevant International Standards
for Phytosanitary Measures; or

(b) is squared so as to remove entirely the round surface.

Official statement that the wood:

(a) originates in an area established by the national plant
protection organisation in the country of export as
being free from Agrilus planipennis Fairmaire in
accordance with the relevant International Standards
for Phytosanitary Measures; or

(b) has been processed into pieces of not more than

2,5 cm thickness and width.

Official statement that the isolated bark:

(a) originates in an area established by the national plant
protection organisation in the country of export as
being free from Agrilus planipennis Fairmaire in
accordance with the relevant International Standards
for Phytosanitary Measures; or

(b) has been processed into pieces of not more than

2,5 cm thickness and width.’

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(b) the following point 11.4 is inserted after point 11.3:

‘11.4. Plants of

Fraxinus

L.,
Juglans mandshurica
Maxim., Ulmus
Planch., Ulmus
davidiana
parvifolia Jacq. and Pterocarya rhoifolia Siebold
& Zucc.,
than
seeds and plants in tissue culture originating
in Canada, China,
Japan, Mongolia, Republic
of Korea, Russia, Taiwan and USA

intended for planting, other

Official statement that the plants:

(a) have been grown throughout their life in an area free
from Agrilus planipennis Fairmaire, established by the
national plant protection organisation in accordance
with relevant
for Phyto-
sanitary Measures; or

International Standards

(b) have,

for a period of at

least two years prior to
export, been grown in a place of production where
no signs of Agrilus planipennis Fairmaire have been
inspections per year
observed during two official
carried out at appropriate times,
including immedi­
ately prior to export.’

(c)

‘Without prejudice to the provisions
the text in the right hand column of point 14 is amended as follows:
applicable to the plants in Annex IV (A)(I)(11.4), official statement that no symptoms of Elm phlöem necrosis
mycoplasm have been observed at the place of production or in its immediate vicinity since the beginning of the
last complete cycle of vegetation.’

(d) the following points 25.4.1 and 25.4.2 are inserted after point 25.4:

‘25.4.1. Tubers of Solanum tuberosum L., other than

those intended for planting

25.4.2. Tubers of Solanum tuberosum L.

(e) point 25.8 is deleted;

(f)

the following point 28.1 is inserted after point 28:

‘28.1. Plants of Dendranthema (DC.) Des Moul. and
Lycopersicon lycopersicum (L.) Karsten ex Farw.,
intended for planting, other than seeds

Without prejudice to the provisions applicable to tubers
listed in Annex III(A)(12) and Annex IV(A)(I)(25.1), (25.2)
and (25.3), official statement that the tubers originate in
areas in which Pseudomonas solanacearum (Smith) Smith is
not known to occur.

Without prejudice to the provisions applicable to tubers
listed in Annex III(A)(10),
(11) and (12) and Annex
IV(A)(I)(25.1), (25.2), (25.3), (25.4) and (25.4.1), official
statement that:

(a)

the tubers originate in a country where Scrobipalpopsis
solanivora Povolny is not known to occur; or

(b) the tubers originate in an area free from Scrobipal­
popsis solanivora Povolny, established by the national
plant protection organisation in accordance with
relevant
for Phytosanitary
Measures.’

International Standards

Without prejudice to the requirements applicable to the
plants listed in Annex III(A)(13), Annex IV(A)(I) (25.5),
(25.6), (25.7), (27.1), (27.2) and (28), official statement
that:

(a)

the plants have been grown throughout their life in a
country free from Chrysanthemum stem necrosis
virus; or

(b) the plants have been grown throughout their life in
an area established by the national plant protection
organisation in the country of export as being free
from Chrysanthemum stem necrosis
in
accordance with the relevant International Standards
for Phytosanitary Measures; or

virus

(c)

the plants have been grown throughout their life in a
place of production, established as being free from
Chrysanthemum stem necrosis virus and verified
through official
inspections and, where appropriate,
testing.’

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(g) the following point 37.1 is inserted after point 37:

‘37.1. Plants of Palmae, intended for planting, having
a diameter of the stem at the base of over
5 cm and belonging to the following genera:
Brahea Mart., Butia Becc., Chamaerops L., Jubaea
Kunth, Livistona R. Br., Phoenix L., Sabal Adans.,
Syagrus Mart., Trachycarpus H. Wendl., Trithrinax
Mart., Washingtonia Raf.

Without prejudice to the prohibitions applicable to the
plants listed in Annex III(A)(17) and the requirements
listed in Annex IV(A)(I)(37) official statement that the
plants:

(a) have been grown throughout their life in a country
where Paysandisia archon (Burmeister) is not known to
occur; or

(b) have been grown throughout their life in an area free
from Paysandisia archon (Burmeister), established by
in
the
accordance with relevant International Standards for
Phytosanitary Measures; or

organisation

protection

national

plant

(c) have, during a period of at least two years prior to

export, been grown in a place of production:

— which is

registered and supervised by the
national plant protection organisation in the
country of origin, and

— where the plants were placed in a site with
complete physical protection against the intro­
duction of Paysandisia archon (Burmeister) or
with
preventive
treatments, and

appropriate

application

of

— where, during three official inspections per year
carried out at appropriate times,
including im­
mediately prior to export, no signs of Paysandisia
archon (Burmeister) have been observed.’

4. In Annex IV, Part A, Section II, the following point 19.1 is inserted after point 19:

‘19.1. Plants of Palmae, intended for planting, having a
diameter of the stem at the base of over 5 cm and
belonging to the following genera: Brahea Mart.,
Butia Becc., Chamaerops L., Jubaea Kunth, Livistona
R. Br., Phoenix L., Sabal Adans., Syagrus Mart.,
Trithrinax Mart.,
Trachycarpus
Washingtonia Raf.

H. Wendl.,

Official statement that the plants:

(a) have been grown throughout their life in an area free
from Paysandisia archon (Burmeister), established by
the
in
accordance with relevant International Standards for
Phytosanitary Measures; or

organisation

protection

national

plant

(b) have, during a period of at least two years prior to
movement, been grown in a place of production:

— which is

registered and supervised by the
responsible official body in the Member State
of origin, and

— where the plants were placed in a site with
complete physical protection against the intro­
duction of Paysandisia archon (Burmeister) or
with
preventive
treatments, and

appropriate

application

of

— where, during three official inspections per year
carried out at appropriate times, no signs of
been
Paysandisia
observed.’

(Burmeister)

archon

have

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Official Journal of the European Union

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5. Annex V is amended as follows:

(a)

In Section I of Part A, the following point 2.3.1 is inserted after point 2.3:

‘2.3.1. Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and
belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth, Livistona R. Br.,
Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.’

(b) Section I of Part B is amended as follows:

(i) the following third indent is added to point 5:

‘— Fraxinus

L.,

parvifolia
Jacq. and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic
of Korea, Russia, Taiwan and USA.’

mandshurica Maxim.,

davidiana

Planch.,

Juglans

Ulmus

Ulmus

(ii) the following sixth indent is added to point 6(a):

‘— Fraxinus

L.,

parvifolia
Jacq. and Pterocarya rhoifolia Siebold & Zucc.,
including wood which has not kept its natural round
surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA.’

mandshurica Maxim.,

davidiana

Planch.,

Juglans

Ulmus

Ulmus

(iii) in point 6(b), section

‘ex 4407 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp.)), sawn or
chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a
thickness exceeding 6 mm’

is deleted and replaced by:

‘ex 4407 93

Wood of Acer saccharum Marsh, sawn or chipped lengthwise, sliced or peeled, whether or
not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4407 95

Wood of ash (Fraxinus spp.) sawn or chipped lengthwise, sliced or peeled, whether or not
planed, sanded or end-jointed, of a thickness exceeding 6 mm

ex 4407 99

Non-coniferous wood (other than tropical wood specified in subheading note 1 to
Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer
spp.), cherry (Prunus spp.) or ash (Fraxinus spp.)), sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm’