CELEX: 32004D0426
Language: en
Date: 2004-04-29 00:00:00
Title: Decision 2004/426/2004 of 29 April 2004 amending Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of (Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. nov.

30.4.2004              EN                 Official Journal of the European Union                 L 154/1
                                     COMMISSION DECISION
                                            of 29 April 2004
  amending Decision 2002/757/EC on provisional emergency phytosanitary measures to
   prevent the introduction into and the spread within the Community of Phytophthora
                       ramorum Werres, De Cock & Man in 't Veld sp.nov.
                           (notified under document number C(2004) 1585)
                                     (Text with EEA relevance)
                                              (2004/426/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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
and against their spread within the Community1and in particular Article 16(3), fourth sentence
thereof,
Whereas:
(1)     In 2002, the United Kingdom informed the other Member States and the Commission
        of outbreaks of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov.
        (hereinafter referred to as: ’the harmful organism’) on its territory and of the measures
        taken to control it.
1
        OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85,
        23.3.2004, p. 18.).
 ---pagebreak--- (2) By Commission Decision 2002/757/EC2 the Member States were provisionally
    required to take emergency phytosanitary measures to prevent the introduction into
    and the spread within the Community of the harmful organism.
(3) As a result of the official surveys carried out under Decision 2002/757/EC, and based
    on recent information on the damage caused by the harmful organism, it appears that
    the list of host plants of the harmful organism, designated in that Decision as
    “susceptible plants”, should be extended.
(4) The measures set out in Decision 2002/757/EC should not be applicable to foliage and
    cut branches but should be limited to plants for planting which are moved from the
    place of production in the Community; they should moreover also be extended to
    plants for planting of Camellia spp., other than seeds.
(5) It appears necessary to ensure that the registered producers shall notify every
    suspected occurrence or confirmed presence of the harmful organism to their
    responsible official bodies.
2
    OJ L 252, 20.9.2002, p. 37.
 ---pagebreak--- (6)    It further appears necessary to extend the surveys carried out by the Member States as
       regards evidence of infestation by the harmful organism to include both cultivated and
       uncultivated/unmanaged plants.
(7)    It is appropriate that the results of such measures be continually assessed, and possible
       subsequent measures be considered in the light of the results of that assessment. The
       subsequent measures should also take into account the information to be provided and
       the scientific opinions to be delivered by the Member States.
(8)    Decision 2002/757/EC should therefore be amended accordingly.
(9)    The measures provided for in this Decision are in accordance with the opinion of the
       Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
                                              Article 1
Decision 2002/757/EC is amended as follows:
1.       Article 1(2) is replaced by the following:
         “2.   “susceptible plants” means plants, other than fruit and seeds, of Acer
               macrophyllum Pursh, Aesculus californica Nutt., Aesculus hippocastanum L.,
               Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans,
               Camellia spp., Castanea sativa Mill., Fagus sylvatica L., Hamamelis
               virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia
               L., Leucothoe fontanesiana (Steudel) Sleumer, Lithocarpus densiflorus
               (H & A), Lonicera hispidula (Dougl.), Pieris spp., Pseudotsuga menziesii
               (Mirbel) Franco, Quercus spp. L., Rhamnus californica (Esch), Rhododendron
               spp. L., other than Rhododendron simsii Planch., Sequoia sempervirens
               (D. Don) Endl., Syringa vulgaris L., Taxus spp., Trientalis latifolia (Hook),
               Umbellularia californica (Pursch.), Vaccinium vitis-idaea Britt., Vaccinium
               ovatum (Hook & Arn) Nutt. and Viburnum spp. L.”.
2.       In Article 3(4) “plants of Rhododendron spp., other than Rhododendron simsii
         Planch, and Viburnum spp., other than fruit and seeds” is replaced by “plants
         intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other
         than Rhododendron simsii Planch, other than seeds”.
 ---pagebreak--- 3.  Article 5 is replaced by the following:
                                            “Article 5
    1.     Plants intended for planting of Viburnum spp., Camellia spp. and
           Rhododendron spp., other than Rhododendron simsii Planch, other than seeds,
           originating in the Community may not be moved from their place of production
           unless they meet the conditions laid down in point 3 of the Annex to this
           Decision. The producers of these plants shall be registered in accordance with
           the provisions of Commission Directive 92/90/EEC3.
    2.     Member States shall ensure that the registered producers shall notify every
           suspected occurrence or confirmed presence of the harmful organism on the
           place of production to their own responsible official bodies.”.
4.  Article 6 is amended as follows:
    (a)    Paragraph 1 is replaced by the following:
           “1.    Member States shall conduct official surveys for the harmful organism in
                  their territory, including both cultivated and uncultivated/unmanaged
                  plants , to determine whether there is evidence of infestation by the
                  harmful organism.”;
    (b)    In paragraph 2 “1 November 2003” is replaced by “1 November 2004”.
    (c)    The following new paragraph 3 is added:
           “3.    Member States may take appropriate measures within their territory to
                  carry out official monitoring of movements of susceptible plants to
                  ascertain whether they comply with the conditions set out in this
                  Decision.”.
5.  In Article 8 “31 December 2003” is replaced by “31 December 2004”.
6.  The Annex is amended in accordance with the Annex to this Decision.
3
   OJ L 344, 26.11.1992, p. 38.
 ---pagebreak---                                          Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 April 2004.
                                          For the Commission
                                          David BYRNE
                                          Member of the Commission
 ---pagebreak---                                              ANNEX
The Annex to Decision 2002/757/EC is amended as follows:
1.     In the first paragraph of point 1a and point 2 “Article 7 or 8 of Directive
       2000/29/EC” is replaced by “Article 13(1) of Directive 2000/29/EC”.
2.     Point 3 is replaced by the following:
       “3.   Plants intended for planting of Viburnum spp., Camellia spp. and
             Rhododendron spp., other than Rhododendron simsii Planch, other than seeds,
             originating in the Community may be moved from the place of production only
             if they are accompanied by a plant passport and:
             (a)    the plants originate in areas in which the harmful organism is known not
                    to occur; or
             (b)    no signs of the harmful organism have been observed on the plants at the
                    place of production since the beginning of the last complete cycle of
                    vegetation on official inspections, including laboratory testing of any
                    suspicious symptoms, carried out at least once at appropriate times when
                    the plants are in active growth; or
             (c)    in cases where signs of the harmful organism have been found on the
                    plants at the place of production, appropriate procedures have been
                    implemented aiming at eradicating the harmful organism, consisting at
                    least of destruction of the infected plants and all susceptible plants within
                    2 m radius of the infected plants, and
                    (i)    for all susceptible plants within 10 m radius of the infected plants,
                           and any remaining plants from the affected lot:
                           –      the plants have been retained at the place of production, and
                           –      official additional inspections have been carried out at least
                                  twice in the three months after the eradication measures have
                                  been taken when the plants are in active growth, and
                           –      while during this three months-period no treatments that may
                                  suppress symptoms of the harmful organism have been
                                  carried out, and
                           –      the plants have been found free from the harmful organism in
                                  these official inspections,
                    (ii)   for all other susceptible plants at the place of production, the plants
                           have been subject to official intensive re-inspection following the
                           finding and have been found free from the harmful organisms in
                           these inspections.”.
 ---pagebreak--- 3. The following point 4 is added:
   “4.  In cases where signs of the harmful organism have been found on any plants at
        places in the Community other than places of production, Member States shall
        take appropriate measures to at least contain the harmful organism. This may
        include the determination of the area concerned in which the measures shall be
        implemented.”