CELEX: 51993PC0227
Language: en
Date: 1993-05-19
Title: Proposal for a COUNCIL DECISION authorizing the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of wood of conifers (Coniferales) other than of Thuja L., Pinus L. and mixtures with Pinus L., originating in the United States of America

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0M(93) 227 final
                                             Brussels, 19  May 1993
                              Proposal for a
                            CQUNCIL DECISION
   authorizing the Member Statea to provide for derogationa from certain
  proviaiona of Council Directive 77/93/EEC in reapect of wood of conifera
      (Coniferalea) other than of Thuja L., Pinua L. and mixtures with
            Plnue L., originating in the United States of America
                      (presented by the Commission)
 ---pagebreak---                                      _  A-
                              EXPLANATORY NOTE
By Directive 77/93/EEC, the Council laid down protective measures against
the introduction into the Community of organisms harmful to plants or plant
products and against their spread within the Community.
This proposal authorizes the Member States to provide for derogations from
the heat-treatment requirements in respect of wood of conifers, other than
that of Thuja L., Pinus L. and mixtures with Pinus L., originating in the
USA for a limited period, in order to permit the USA to submit additional
scientific information on species susceptibility to Pinewood nematode and
its vectors.
A similar draft for a Commission decision received an unfavourable opinion
from the Standing Committee on Plant Health and the Commission's proposal
for a Council Decision is made in implementation of the urgency procedure
laid down in Article 17(4) of the said Directive.
Following this procedure the Council may adopt the measures proposed by a
qualified majority or reject them by a single majority within fifteen days.
The draft Council Decision has no financial implications on the Community
budget.
The draft Council Decision would have little or no impact on small or
medium-sized enterprises.
 ---pagebreak---                                      - 2 -
                        PROPOSAL FOR A COUNCIL DECISION
                                    of
    authorizing the Member States to provide for derogations from certain
  provisions of Council Directive 77/93/EEC in respect of wood of conifers
       (Coniferales) other than of Thuja L., Pinus L. and mixtures with
            Pinus L., originating in the United States of America
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/93/EEC of 21 December 1976 on
protective measures against the introduction into the Community of
organisms harmful to plants or plant products and against their spread
within the Community(^), as last amended by Directive 93/19/EBc( 2 ), and
in particular Article 14(3), second and third and indents and Article 17
thereof,
Having regard to the proposal from the Commission,
Having regard to the request made by Spain,
Whereas under the provisions of Directive 77/93/EEC, because of the risk of
introducing harmful organisms, wood of conifers (Coniferales), except that
°f Thuja L., other than wood in the form of:
-   chips, particles, wood waste, or scrap obtained in whole or part from
    these conifers,
-   packing cases, crates of drums,
-   pallets, box pallets or other load boards,
-   dunnage, spacers and bearers,
(1) OJ No L 26, 31.01.1977, p. 20.
(2) OJ No L 96, 22.04.1993, p. 33.
 ---pagebreak---                                    - 3-
but including that which has not kept its natural round surface,
originating in Canada, China, Japan, Korea, Taiwan and the United States of
America may not be introduced into the Community, unless it has undergone
an appropriate heat treatment to achieve a minimum wood core temperature of
56°C for 30 minutes, and unless it is accompanied by the certificates
prescribed in Articles 7 or 8 of the said Directive, being applicable as of
1 June 1993;
Whereas wood of conifers originating in the United States of America is
currently introduced into the Community; whereas in the case of the said
wood, phytosanitary certificates are not generally issued in that country;
Whereas, it appears necessary for the United States of America to submit
additional scientific information on species susceptibility to Pine wood
nematode (Bursaphelenchus xylophilus); whereas the information should be
based on a detailed survey to be carried out in the United States of
America; whereas it appears that this survey takes time;
Whereas it appears justified to have a phased-in introduction of the heat
treatment requirement in order to allow the United States of America to
submit the said information; whereas consequently the heat treatment
requirements should not be applied before 1 June 1994 for wood of conifers,
other than of Thuja L., Pinus L. and mixtures with Pinus L.;
Whereas, in respect of the United States of America, the Commission has
established, on the basis of the information supplied by the United States
of America and collected in that country during a mission carried out in
1990, that an officially approved and monitored programme of issuing
"certificates of debarking and grub hole control" has been set up to ensure
proper debarking and to reduce the risk from harmful organisms; whereas the
risk of spreading harmful organisms is reduced provided that the wood is
accompanied by a "Certificate of Debarking and Grub Hole Control" issued
under that programme;
 ---pagebreak---                                     - 4 -
Whereas the Commission will ensure that the United States of America makes
available all technical information necessary to assess the functioning of
the Debarking and Grub Hole Control Certificate Programme;
Whereas the Standing Committee on Plant Health has delivered an
unfavourable opinion within the time limit set by its Chairman,
HAS ADOPTED THIS DECISION:
                                  Article 1
1. The Member States are hereby authorized, to provide, under the
   conditions laid down in paragraph 2, for derogations from Article 5(1)
   and the third indent of Article 12(1)(a) of Directive 77/93/EEC, with
   regard to the requirements referred to in Annex IV, Part A, Section I,
   point 1.1 and also from Articles 7(2) and 12(1)(b) of Directive
   77/93/EEC for wood of conifers (Coniferales) other than of Thuja L.,
   Pinus L. and mixtures with Pinus L., originating in the United States of
   America.
2. The following conditions shall be satisfied:
   a) the wood shall be totally stripped of its bark by means of
       debarking, edging, grading and board selection and shall be free of
       grub holes. Bark is considered to be the external part of wood
       capable of sustaining live bark-inhabiting insects or other harmful
       organisms at any stage of development, but does not extend to:
           inner bark (bast),
       -    ingrown bark, in particular around knots,
           bark or pitch pockets as defined in the National Grading rules
           for softwood dimension lumber.
       Grub holes are understood to mean insect bore-holes caused by wood-
       borers of the genus Monochamus, and defined for this purpose as
       those which are larger than 3 mm across;
 ---pagebreak---                                      - 5 -
   b)  the fact that the requirements laid down under a) are satisfied
       shall have been checked by graders who are trained, qualified and
       authorized for that purpose under a programme approved and
       controlled by the Animal and Plant Health Inspection Service, US
       Department of Agriculture;
   c)  checks on compliance with the conditions laid down under a) shall
       have been undertaken at mills by industry inspectors or their agents
       qualified and authorized for that purpose by the Animal and Plant
       Health Inspection Service, US Department of Agriculture. In
       addition, the checking system shall provide for inspectors of the
       Animal and Plant Health Inspection Service, US Department of
       Agriculture, undertaking occasional pre-shipment inspections,
   d)  the wood shall be accompanied by a "Certificate of Debarking and
       Grub Hole Control" which is standardized under the programme
       mentioned under b ) , and complies with the specimen given in the
       Annex to this Decision, and which is issued by an authorized person
       on behalf of mills to participate in that programme by the Animal
       and Plant Health Inspection Service, US Department of Agriculture,
       and is filled in in accordance with the instructions set up under
       that programme.
                                   Article 2
Without prejudice to the provisions laid down in Article 14(5) of Directive
77/93/EEC, the Member States shall notify the Commission and the other
Member States of all cases of consignments introduced pursuant to this
Decision which do not comply with the conditions laid down under
Article 1(2)(a) and (d).
                                   Article 3
The authorization granted in Article 1 shall apply from 1 June 1993 until
31 May 1994 being the last date of entry in the Community. It shall be
revoked earlier if it is established that the conditions laid down in
Article 1(2) are not sufficient to prevent the introduction of harmful
organisms or have not been complied with.
 ---pagebreak---                                    - 6-
                                 Article 4
This Decision is addressed to the Member States.
Done at Brussels,                             For the Council,
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               NEÏ-Q — Hit •%', -           ANHANG            — flAPAPTHMA              — ANNEX        — ANNEXE               — ALLEGATO           — BIJLAGE          —      ANEXO
                                                                                                                                           CERTIFICATE NUMBER
                                                                 CERTIFICATE OF DEBARKING
                                                                                           AND
                                                                        GRUB HOLE CONTROL                                                  BILL OF LADING NUMBER
                                                                             Issued in the U.S.A.
NAME AND ADDRESS OF SUPPLYING MILL                                                              NAME AND ADORESS OF CONSIGNEE (Optional)
                                                                DESCRIPTION OF CONSIGNMENT                                                                                     VOLUME
• « G A T E SPÊOES. GRADE MARKS. OR OTHER IDENTIFYING MARKS ALSO. INDICATE NUMBER OF PACKAGES AND BOARD
fCETJQUSIC METERS BY LOT (Lot number and volume are required).
  The lumber    in this shipment   has been examined       by a mill inspector   or oilier authorized  person     and found to have been stripped        of its bark and to be free ol   grub
  holes; and. to the best of his/her knowledge       and belief, to be in conformance       with the import    requirements    of the receiving    country.
   This document     is issued under    a program   officially  approved    by the Animal     and Plant Health      Inspection   Service.   U.S. Department    of Agriculture.   The products
   covered   by this document     are subject   to preshipment    inspection    by that Agency.     No liability   shall be attached      to the U.S. Department    of Agriculture  or to any
   officer or representative   of tt»e Department   with respect    to this   certificate
                                                               AUTHORIZED PERSON RESPONSIBLE FOR CERTIFICATION
   NAME    (Print)                                           SIGNATURE                                                      TITLE                                            DATE
                                                                                      AGENCY VALIDATION
 ---pagebreak---                                                  •b
                                                                     ISSN 0214-1475
                                                              COM(93) 227 final
                                                      DOCUMENTS
EN                                                                             03
                                Catalogue number : CB-CO-93-257-EN-C
                                                             ISBN 92-77-56035-5
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