Commission Implementing Decision (EU) 2015/179 of 4 February 2015 authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence (notified under document C(2015) 445)

6.2.2015 EN Official Journal of the European Union L 30/38
COMMISSION IMPLEMENTING DECISION (EU) 2015/179
of 4 February 2015
authorising Member States to provide for a derogation from certain provisions of Council Directive 2000/29/EC in respect of wood packaging material of conifers (Coniferales) in the form of ammunition boxes originating in the United States of America under the control of the United States Department of Defence
(notified under document C(2015) 445)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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 Community (1), and in particular the first indent of Article 15(1) thereof,
Whereas:
(1) In accordance with Article 5(1) of Directive 2000/29/EC in conjunction with point 2 of Section I of Part A of Annex IV thereto, Member States shall ban the introduction into the Union of wood packaging material unless it has been subjected to an approved phytosanitary treatment as specified in the International Standard for Phytosanitary Measures No 15 (2) and displays a mark, as specified within the same Standard, indicating that the wood packaging material has been subjected to such a phytosanitary treatment. Pursuant to Article 15(1) of that Directive derogations from those provisions may, however, be provided for if it is established that there is no risk of spreading harmful organisms.
(2) Certain wood packaging material of conifers (Coniferales) in the form of boxes actually in use in the transport of ammunition, which were manufactured on 31 August 2007 at the latest and originating from the United States, does not fulfil the conditions set out in Article 5(1) of Directive 2000/29/EC in conjunction with point 2 of Section I of Part A of Annex IV thereto. Hereinafter those boxes are referred to as ‘the boxes’.
(3) The Commission has concluded on the basis of information supplied by the United States that the boxes do not present any risk of spreading harmful organisms, provided that certain conditions are satisfied concerning absence or limited presence of bark, treatment and repair of the boxes as well as their storage and transport.
(4) Therefore, Member States should be authorised to allow the boxes to be introduced into, as well as stored and moved within, their territory provided that the conditions referred to in recital 3 are satisfied, while the provisions of Directive 2000/29/EC should apply after they become empty.
(5) In order to ensure effective controls and overview of the potential phytosanitary risks, any person moving or storing the boxes after the checks provided for in the enacting terms should notify the responsible official body concerning that movement or storage, and the boxes concerned.
(6) Member States should inform each other and the Commission when they become aware of a consignment not complying with the conditions referred to in recital 3. They should, on an annual basis, provide the Commission and the other Member States with information on the imports made, in order to assess the application of this Decision.
(7) Taking into account the reasons for the derogation, it is appropriate to authorise it for a period of three years.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,