COMMISSION DECISION of 2 June 1993 authorizing the Member States to provide for derogations from certain provisions of Council Directive 77/93/EEC in respect of heat-treated coniferous wood, originating in Canada, and establishing the details of  the indicator system to be applied to the heat-treated wood
(93/365/EEC)THE COMMISSION 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), as last amended by  Directive 93/19/EEC (2), and in particular the third indent of Article 14 (3) thereof,
Having regard to the requests made by the Member States,
Whereas under the provisions of Directive 77/93/EEC, owing to the risk of introducing harmful organisms, wood of conifers (Coniferales) except the wood of Thuja L. and wood in the form of:
- chips, particles, wood waste, or scrap obtained in whole or part from those conifers,
- packing cases, crates or drums,
- pallets, box pallets or other load boards,
- dunnage, spacers and bearers,
but including wood 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;
Whereas the wood of conifers originating in Canada is currently introduced into the Community; whereas in this case, phytosanitary certificates are not generally issued in that country; whereas the details of the indicator system to be applied to the  wood, to confirm that the wood has undergone the required heat treatment achieving a minimum of 56 °C for 30 minutes in the wood core, should be established;
Whereas the Commission has established, on the basis of the information supplied by Canada, that an officially approved and monitored heat treatment verification programme has been set up to ensure that wood is heat-treated in approved heat chambers to  a minimum core temperature of 56 °C for 30 minutes to achieve the thermal death of the harmful organisms concerned (Bursaphelenchus xylophilus and its vectors); whereas the risk of spreading the relevant harmful organisms is reduced provided that the  wood is accompanied by a 'Heat Treatment Certificate using Heat Chambers' issued under that programme;
Whereas the Commission will ensure that Canada makes available all technical information necessary to assess the functioning of the heat treatment verification programme;
Whereas this Decision should be reviewed by 1 April 1995 at the latest;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
1. Member States are hereby authorized to provide, subject to the conditions laid down in paragraph 2, for a derogation from Articles 7 (2) and 12 (1) (b) of Directive 77/93/EEC, in respect of coniferous wood originating in Canada which has  undergone the proper heat treatment.
2. The following conditions shall be satisfied:
(a) the wood shall be produced at sawmills or treated at appropriate premises approved and qualified by Agriculture Canada for participation in the heat treatment verification programme;
(b) the wood shall be heat-treated to a minimum core temperature of 56 °C for 30 minutes in heat chambers tested, evaluated and approved by an independent testing organization approved for this purpose by Agriculture Canada; the time and temperature of  the said treatment for a specific lot will be recorded and filed;
(c) the evaluation referred to in (b) shall be carried out using a methodology whereby, under the worst conditions, the time required to bring the core temperature of the wood to a minimum of 56 °C for 30 minutes is determined; accordingly, treatment  schedules will be established for each heat chamber;
(d) the heat chambers referred to in (b) shall have calibrated equipment to record temperature achieved during treatment; this equipment shall also be evaluated by the testing organization referred to in (b);
(e) upon satisfaction of the conditions laid down under (b), a standardized mark shall be affixed to the upper right hand quarter of one longitudinal side of each bundle, by, or under the supervision of, the designated officer of the mill referred to in  (a);
(f) a checking system to ensure that the conditions laid down under (a) to (e) are satisfied shall be set up by the official grading agencies, qualified and authorized for that purpose under a programme approved and controlled by Agriculture Canada;
(g) a checking system shall enable the inspectors of Agriculture Canada to monitor the approved mills referred to in (a) and to undertake occasional pre-shipment inspections;
(h) the wood shall be accompanied by a 'Heat Treatment Certificate using Heat Chambers', which is standardized under the programme mentioned under (a), and which conforms to the specimen given in the Annex to this Decision and is issued by an authorized  person on behalf of the mills authorized to participate in that programme approved by Agriculture Canada.
Without prejudice to the provisions laid down in Article 14 (5) of Directive 77/93/EEC, Member States shall notify the Commission and the other Member States of all cases where consignments introduced pursuant to this Decision do not comply  with the conditions laid down under Article 1 (2) (e) and (h).
The authorization granted in Article 1 shall apply from 1 June 1993. It shall be revoked if it is established that the conditions laid down under Article 1 (2) are not sufficient to prevent the introduction of harmful organisms or have not  been complied with. The authorization shall be reviewed by 1 April 1995 at the latest.
This Decision is addressed to the Member States.