11.10.2008 EN Official Journal of the European Union L 271/47
COMMISSION DECISION
of 7 October 2008
amending Decision 2006/133/EC requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode) as regards areas in Portugal, other than those in which it is known not to occur
(notified under document number C(2008) 5555)
(2008/790/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 Community (1), and in particular Article 16(3) thereof,
Whereas:
(1) In accordance with Commission Decision 2006/133/EC of 13 February 2006 requiring Member States temporarily to take additional measures against the dissemination of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode — PWN) as regards areas in Portugal, other than those in which it is known not to occur (2), Portugal is implementing an eradication plan against the dissemination of the pine wood nematode.
(2) Decision 2006/133/EC was last amended by Commission Decision 2008/684/EC (3), to confirm the interim measures provided for by Commission Decision 2008/489/EC (4). Those measures secure the movements of susceptible material out of the demarcated area.
(3) Portugal informed the Commission during the meeting of the Standing Committee on Plant Health on 3 July 2008 that it had surveyed 2 145 locations in Portugal, that samples had been taken as appropriate and that a total number of 50 findings of PWN, spread in various locations over its territory, had been confirmed during the extraordinary monitoring campaign that was organised in the first semester of 2008.
(4) In view of those new findings, it is necessary to reinforce the protection of the buffer zone around the infested zone of the demarcated area by applying the same requirements to movements of susceptible material from the infested zone to the buffer zone as are already applicable to movements from the demarcated area to other areas.
(5) In order to maximise the effect of the available resources for testing, the requirements for testing of all susceptible plants which are either identified as infested by PWN, or showing any symptoms of poor health or situated in salvage areas should be limited to the buffer zone only.
(6) In case PWN would be found repeatedly in the same part of Portugal close to the border with Spain, the demarcated area should be extended into Spain and Spain should implement the same requirements for movements of susceptible wood, bark and plants in and from the demarcated area in its territory and carry out an additional survey in that area.
(7) As regards susceptible wood packaging material and similar items, movement requirements should be limited to newly produced material originating in Portugal as the phytosanitary risk of old packaging material is small.
(8) Decision 2006/133/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,
Decision 2006/133/EC is amended as follows:
1. In Article 2, the first paragraph is replaced by the following:
2. In Article 4, the first subparagraph of paragraph 2 is replaced by the following:
3. In Article 5 the following paragraph is inserted after the first paragraph:
4. The Annex to Decision 2006/133/EC is amended in accordance with the Annex to this Decision.
This Decision is addressed to the Member States.