31.5.2007 EN Official Journal of the European Union L 139/24
COMMISSION DECISION
of 25 May 2007
on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)
(notified under document number C(2007) 2161)
(2007/365/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 the third sentence of Article 16(3), thereof,
Whereas:
(1) Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.
(2) As a result of the presence of Rhynchophorus ferrugineus (Olivier) (the specified organism) in the south of the Iberian Peninsula, Spain informed the Commission and the other Member States on 27 June 2006 that, on 6 June 2006, it had adopted additional official measures to prevent the further introduction into and spread within its territory of that specified organism.
(3) Rhynchophorus ferrugineus (Olivier) is not listed in Annexes I or II to Directive 2000/29/EC. However, a report of a pest-risk assessment based on the limited scientific information available has demonstrated that this specified organism causes severe tree damage including significant mortality on specific plant species, belonging to the Palmae family and restricted to plant sizes with a diameter of the stem at the base of over 5 cm (susceptible plants). The susceptible plants are present in many parts of Europe, mainly in the south where they are planted in large numbers for ornamental purposes and where they are of high environmental importance.
(4) It is therefore necessary to take emergency measures against the introduction into and spread within the Community of the specified organism.
(5) Those emergency measures should apply to the introduction and the spread of the specified organism, the demarcation of areas in the Community where the specified organism is present, the import, production, movement and control of susceptible plants in the Community. A survey to check for the presence or continued absence of the specified organism should be carried out on all plants of Palmae in the Member States to collect more scientific information about the susceptibility of plants.
(6) It is appropriate that the results of the measures be reviewed by 31 March 2008 taking into account the experiences from the first growing season under the emergency measures.
(7) Member States should, if necessary, adapt their legislation in order to comply with this Decision.
(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
Definitions
For the purpose of this Decision, the following definitions shall apply:
(a) ‘specified organism’ means Rhynchophorus ferrugineus (Olivier);
(b) ‘susceptible plants’ means plants, other than fruit and seeds, having a diameter of the stem at the base of over 5 cm of Areca catechu, Arenga pinnata, Borassus flabellifer, Calamus merillii, Caryota maxima, Caryota cumingii, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortunei and Washingtonia spp.;
(c) ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5 (2).
Emergency measures against the specified organism
The introduction into and spread within the Community of the specified organism shall be prohibited.
Import of susceptible plants
Susceptible plants may be introduced into the Community only if:
(a) they comply with the specific import requirements in point 1 of Annex I;
(b) they are, on entry into the Community, inspected by the responsible official body for the presence of the specified organism, in accordance with Article 13a(1) of Directive 2000/29/EC, and no signs of the specified organism have been found.
Movement of susceptible plants within the Community
Susceptible plants originating in the Community or imported into the Community in accordance with Article 3 may be moved within the Community only if they meet the conditions in point 2 of Annex I.
Surveys and notifications
1.   Member States shall conduct official annual surveys for the presence of the specified organism or evidence of infection by the specified organism on plants of Palmae in their territory.
Without prejudice to Article 16(2) of Directive 2000/29/EC, the results of those surveys, together with the list of demarcated areas referred to in Article 6, shall be notified to the Commission and to the other Member States by 28 February of each year.
2.   Any suspected occurrence or confirmed presence of the specified organism shall immediately be notified to the responsible official bodies.
Establishment of demarcated areas
When the results of the surveys referred to in Article 5(1) or the notifications referred to in Article 5(2) confirm the presence of the specified organism in an area, or there is evidence of the presence of the specified organism by other means, Member States shall define demarcated areas and take official measures as laid down in points 1 and 2 respectively of Annex II.
Compliance
Member States shall, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of the specified organism in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.
Review
This Decision shall be reviewed by 31 March 2008 at the latest.
Addressees
This Decision is addressed to the Member States.