23.2.2006 EN Official Journal of the European Union L 52/34
COMMISSION DECISION
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) as regards areas in Portugal, other than those in which it is known not to occur
(notified under document number C(2006) 345)
(2006/133/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) Where a Member State considers that there is an imminent danger of the introduction into its territory of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode (PWN)), from another Member State, it should be authorised to temporarily take any additional measures necessary to protect itself from that danger.
(2) Portugal informed the other Member States and the Commission on 25 June 1999 that some samples of pine trees originating in its territory were identified as infested by PWN. The Commission has adopted Decisions 2000/58/EC (2) and 2001/218/EC (3) defining measures to be taken against PWN.
(3) On the basis of assessments by the Food and Veterinary Office, most recently in November 2004, additional information submitted by Portugal and official surveys carried out by the other Member States on wood, isolated bark and plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr., it appears that as a result of the application of an eradication programme in Portugal, the spread of PWN remains limited to the demarcated areas in Portugal. However, trees showing symptoms of infestation by PWN were still found during surveys of those areas.
(4) The implementation of the Portuguese mid-term eradication plan for PWN of February 2003, as amended in June 2003, was evaluated by the Standing Committee on Plant Health in its meetings of July 2004 and May 2005. During the latter meeting it was concluded that the aimed reduction of infection level in the demarcated zone had not been fully achieved so far.
(5) It is therefore necessary for Portugal to continue to take specific measures with respect to movements of wood, isolated bark and host plants within demarcated areas in Portugal and from such areas into other areas of Portugal and into the other Member States.
(6) It is also necessary that Portugal continues to take measures to control the spread of PWN with the aim of eradication. Therefore, an updated mid-term eradication plan to better control the spread of PWN with the aim of eradicating should be presented.
(7) The other Member States should continue to have the possibility to apply additional measures to protect their territories from PWN.
(8) The results of the specific measures and of the implementation of the mid-term plan should be assessed continuously, in particular on the basis of information to be provided by Portugal and the other Member States.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
For the purposes of this Decision, the following definitions shall apply:
(a) ‘the pine wood nematode (PWN)’: Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.;
(b) ‘susceptible wood and bark’: wood and isolated bark of conifers (Coniferales), except that of Thuja L.;
(c) ‘susceptible plants’: plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.
Until 31 March 2008, Portugal shall ensure that the conditions laid down in the Annex to this Decision are met in relation to susceptible wood, bark and plants, which are to be moved within or from demarcated areas in Portugal and defined as in accordance with Article 5, either to other areas in Portugal or to other Member States.
By 15 February 2006, Portugal shall present an updated mid-term eradication plan to control the spread of PWN with the aim of eradicating it. That plan shall include details on the management, within the demarcated area, of tree species known to be highly susceptible to PWN under the conditions in Portugal. This plan shall be reviewed by 30 April 2007 and 30 March 2008.
Member States of destination other than Portugal may:
(a) subject consignments of susceptible wood, bark and plants, coming from demarcated areas in Portugal and moved into their territory, to testing for the presence of PWN;
(b) take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in the Annex.
Member States shall conduct official annual surveys for PWN, on susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN.
Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of such surveys shall be notified to the other Member States and the Commission by 15 December 2006 and 15 December 2007.
Portugal shall establish areas in which PWN is known not to occur, and demarcate areas (hereinafter called demarcated areas) comprised of a part in which PWN is known to occur and a part designated as buffer zone of not less than 20 km width surrounding that part, taking into account the results of the surveys referred to in Article 4.
The Commission shall compile a list of ‘areas’ in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas.
That list shall be updated according to the results of the surveys referred to in the first paragraph of Article 4 and to the findings notified under Article 16(1) of Directive 2000/29/EC.
Decision 2001/218/EC is hereby repealed.
This Decision is addressed to the Member States.