93/357/EEC: Council Decision of 26 May 1993 authorizing the Member States to provide for derogations from certain provisions of 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

COUNCIL DECISION of 26 May 1993 authorizing the Member States to provide for derogations from certain provisions of 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
(93/357/EEC)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 (1), and in particular
Article 14
(3), second and third 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 of 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 or drums,
- pallets, box pallets or other load boards,
- dunnage, spacers and bearers,
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 Â°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 and to implement the said heat treatment requirements, where needed; whereas  consequently the heat treatment requirements should not be applied before 1 October 1993 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;
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,