20.12.2013 EN Official Journal of the European Union L 346/69
COMMISSION IMPLEMENTING DECISION
of 18 December 2013
amending Decision 2002/757/EC as regards the phytosanitary certificate requirement in respect of the harmful organism Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov. for bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America
(notified under document C(2013) 9181)
(2013/782/EU)
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 fourth sentence of Article 16(3) thereof,
Whereas:
(1) Commission Decision 2002/757/EC (2) requires Member States to adopt measures to protect themselves against the introduction into and the spread within the Union of Phytophthora ramorum Werres, De Cock & Man in ’t Veld sp. nov., a harmful organism not listed in Annex I or Annex II to Directive 2000/29/EC.
(2) Bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America may not be introduced into the Union unless accompanied by a phytosanitary certificate as referred to in Article 13(1)(ii) of Directive 2000/29/EC and in point 2 of the Annex to Decision 2002/757/EC.
(3) The Commission has noted on the basis of information supplied by the United States of America that an official programme, the Kiln Drying Sawn Hardwood Lumber Certification Program, has been approved by the Animal and Plant Health Inspection Service, US Department of Agriculture and will be operated by the US National Hardwood Lumber Association (NHLA).
(4) The Kiln Drying Sawn Hardwood Lumber Certification Program ensures that approved hardwood facilities in the US operate under the Kiln Drying Sawn Hardwood Standard. That Standard ensures that all parts of sawn hardwood lumber exported under that Program are kiln-dried to less than 20 % moisture by weight as per kiln-drying schedules and are bark-free.
(5) That Standard also ensures that all kiln-dried hardwood bundles are attached with an NHLA steel ID clip stamped with ‘NHLA — KD’ along with a unique number assigned to each bundle. Each number is listed on the corresponding Kiln Drying Hardwood Lumber Certificate (‘Certificate of Kiln Drying’).
(6) Therefore, a derogation should be provided for allowing bark-free sawn wood of Acer macrophyllum Pursh and Quercus spp. L. originating in the United States of America to be introduced into the Union when accompanied by a Certificate of Kiln Drying as an alternative to a phytosanitary certificate provided that certain conditions are fulfilled.
(7) The Commission should ensure that the United States of America makes available all technical information necessary to assess the functioning of the Program. In addition, Member States should continually assess the use of the NHLA ID clips and associated Certificate of Kiln Drying.
(8) The derogation provided for in the second subparagraph of Article 3(1) of Decision 2002/757/EC as amended by this Decision should apply until 30 November 2016 in order to align it with the requirements of Commission Implementing Decision 2013/780/EU (3).
Decision 2002/757/EC is amended as follows:
(1) in Article 3, paragraph 1 is replaced by the following:
(2) in Article 3(2) and (3) and Article 5(1), the words ‘of the Annex to this Decision’ are replaced by ‘of Annex I to this Decision’ and any grammatical adjustments needed as a consequence of this replacement shall be made;
(3) the following Article 6a is inserted:
(4) the Annex is renamed as Annex I;
(5) an Annex II is added, the text of which is set out in the Annex to this Decision.
This Decision is addressed to the Member States.